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Full Text of HB1015
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HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Real Estate Appraiser Licensing Act of 2002 | 5 |
| is amended by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, | 6 |
| 5-25, 5-30, 5-35, 5-40, 5-45, 5-55, 10-5, 10-10, 10-20, 15-5, | 7 |
| 15-10, 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, | 8 |
| 15-60, 20-5, 20-10, 25-5, 25-10, 25-15, 25-20, 25-25, and 30-10 | 9 |
| and by adding Sections 5-20.5, 5-21, 15-17, and 15-18 as | 10 |
| follows:
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| (225 ILCS 458/1-10)
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| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 1-10. Definitions. As used in this Act, unless the | 14 |
| context
otherwise requires:
| 15 |
| "Accredited college or university, junior college, or | 16 |
| community college" means a college or university, junior | 17 |
| college, or community college that is approved or accredited by | 18 |
| the Board of Higher Education, a regional or national | 19 |
| accreditation association, or by an accrediting agency that is | 20 |
| recognized by the U.S. Secretary of Education.
| 21 |
| "Applicant" means person who applies to the Department
OBRE
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| for a license under this Act.
| 23 |
| "Appraisal" means
(noun) the act or process of developing |
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| an opinion
of value; an
opinion of value (adjective) of or | 2 |
| pertaining to appraising
and related functions , such as | 3 |
| appraisal practice or appraisal services . | 4 |
| "Appraisal assignment" means a valuation service provided | 5 |
| as a consequence of an agreement between an appraiser and a | 6 |
| client. | 7 |
| "Appraisal consulting" means the act or process of | 8 |
| developing an analysis, recommendation, or opinion to solve a | 9 |
| problem, where an opinion of value is a component of the | 10 |
| analysis leading to the assignment results. | 11 |
| "Appraisal practice" means valuation services performed by | 12 |
| an individual acting as an appraiser, including, but not | 13 |
| limited to, appraisal, appraisal review, or appraisal | 14 |
| consulting.
| 15 |
| "Appraisal report" means any communication, written or | 16 |
| oral, of an appraisal, appraisal review, or appraisal | 17 |
| consulting service that is transmitted to a client upon | 18 |
| completion of an assignment
a written appraisal by an appraiser | 19 |
| to a client .
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| "Appraisal review" means the act or process of developing | 21 |
| and communicating an opinion about the quality of another | 22 |
| appraiser's work that was performed as part of an appraisal, | 23 |
| appraisal review, or appraisal assignment.
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| "Appraisal Subcommittee" means the Appraisal Subcommittee | 25 |
| of the Federal
Financial Institutions
Examination Council as | 26 |
| established by Title XI.
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| "Appraiser" means a person who performs
real estate or real | 2 |
| property
appraisals.
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| "AQB" means the Appraisal Qualifications Board of the | 4 |
| Appraisal Foundation.
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| "Associate real estate trainee appraiser" means an | 6 |
| entry-level appraiser who holds
a license of this | 7 |
| classification under this Act and applies to
the appraisal of | 8 |
| non-complex property having a transaction
value less than | 9 |
| $1,000,000, but with restrictions as to the scope of practice
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| in
accordance with this Act.
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| "Board" means the Real Estate Appraisal Administration and | 12 |
| Disciplinary Board.
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| "Classroom hour" means 50 minutes of instruction out of | 14 |
| each 60 minute
segment of coursework.
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| "Client" means the party or parties who engage an appraiser | 16 |
| by employment or contract in a specific assignment
a person who | 17 |
| utilizes the services of an appraiser or engages
an appraiser | 18 |
| for an appraisal
by employment or contract .
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| "Commissioner" means the Commissioner of the Office of | 20 |
| Banks and Real Estate
or his or her designee.
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| "Coordinator" means the Coordinator of Real Estate | 22 |
| Appraisal of the Division of Professional Regulation of the | 23 |
| Department of Financial and Professional Regulation.
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| "Director" means the Director of the Real Estate Appraisal | 25 |
| Division of OBRE
or his or her designee.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Federal financial institutions regulatory agencies" means | 3 |
| the Board of
Governors of the Federal Reserve
System, the | 4 |
| Federal Deposit Insurance Corporation, the Office of the
| 5 |
| Comptroller of the Currency, the
Office of Thrift Supervision, | 6 |
| and the National Credit Union Administration.
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| "Federally related transaction" means any real | 8 |
| estate-related financial
transaction in which a federal
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| financial institutions regulatory agency, the Department of | 10 |
| Housing
and Urban Development, Fannie Mae, Freddie Mae, or the | 11 |
| National
Credit Union Administration
engages in, contracts | 12 |
| for, or
regulates and requires the services
of an appraiser.
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| "Financial institution" means any bank, savings bank, | 14 |
| savings and loan
association, credit union,
mortgage broker, | 15 |
| mortgage banker, licensee under the Consumer Installment Loan
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| Act or the Sales
Finance Agency Act, or a corporate fiduciary, | 17 |
| subsidiary, affiliate, parent
company, or holding company
of | 18 |
| any such licensee, or any institution involved in real estate | 19 |
| financing that
is regulated by state or
federal law.
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| "Modular Course" means the Appraisal Qualifying Course | 21 |
| Design conforming to the Sub Topics Course Outline contained in | 22 |
| the AQB Criteria 2008.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Real estate" means an identified parcel or tract of land, | 25 |
| including any
improvements.
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| "Real estate related financial transaction" means any |
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| transaction involving:
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| (1) the sale, lease, purchase, investment in, or | 3 |
| exchange of real
property,
including interests
in property | 4 |
| or the financing thereof;
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| (2) the refinancing of real property or interests in | 6 |
| real property; and
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| (3) the use of real property or interest in property as | 8 |
| security for a
loan or
investment,
including mortgage | 9 |
| backed securities.
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| "Real property" means the interests, benefits, and rights | 11 |
| inherent in the
ownership of real estate.
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| "Secretary" means the Secretary of Financial and | 13 |
| Professional Regulation.
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| "State certified general real estate
appraiser" means an | 15 |
| appraiser who holds a
license of this classification under this | 16 |
| Act
and such classification applies to
the appraisal of all | 17 |
| types of real property without restrictions as to
the scope of | 18 |
| practice.
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| "State certified residential real estate
appraiser" means | 20 |
| an appraiser who
holds a
license of this classification
under | 21 |
| this Act
and such classification applies to
the appraisal of
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| one to 4 units of
residential real property without regard to | 23 |
| transaction value or complexity,
but with restrictions as to | 24 |
| the
scope of practice
in a federally related transaction in | 25 |
| accordance with Title
XI, the provisions of USPAP,
criteria | 26 |
| established by the AQB, and further defined by rule.
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| "Supervising appraiser" means either (i) an appraiser who | 2 |
| holds a valid license under this Act as either a State | 3 |
| certified general real estate appraiser or a State certified | 4 |
| residential real estate appraiser, who co-signs an appraisal | 5 |
| report for an associate real estate trainee appraiser or (ii) a | 6 |
| State certified general real estate appraiser who holds a valid | 7 |
| license under this Act who co-signs an appraisal report for a | 8 |
| State certified residential real estate appraiser on | 9 |
| properties other than one to 4 units of residential real | 10 |
| property without regard to transaction value or complexity.
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| "State licensed real estate appraiser" means an appraiser | 12 |
| who holds a
real estate appraiser license
issued pursuant to a | 13 |
| predecessor Act. A real estate appraiser
license authorizes its | 14 |
| holder to conduct the
appraisal of non-complex one
to 4 units | 15 |
| of residential real property having a transaction value less | 16 |
| than
$1,000,000 and complex one
to 4 residential units of real | 17 |
| property having a value less than $250,000, but
with | 18 |
| restrictions as to the
scope of practice in accordance with | 19 |
| Title XI, criteria established by USPAP,
by the AQB, by this | 20 |
| Act,
and by rule. No such initial license shall be issued
after | 21 |
| the effective date of this Act
or renewed after
September 30, | 22 |
| 2003 under this Act.
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| "Title XI" means Title XI of the federal Financial | 24 |
| Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| "USPAP" means the Uniform Standards of Professional | 26 |
| Appraisal Practice as
promulgated by the
Appraisal Standards |
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| Board pursuant to Title XI and by rule.
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| "Valuation services" means services pertaining to aspects | 3 |
| of property value. | 4 |
| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/5-5)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 5-5. Necessity of license; use of title; exemptions.
| 8 |
| (a) It
Beginning July 1, 2002, it is unlawful for a person | 9 |
| to (i) act , offer services, or advertise services
or assume
to
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| act
as a State certified general real estate
appraiser, State | 11 |
| certified residential real estate appraiser, or associate real | 12 |
| estate trainee appraiser
to engage in the
business of real | 13 |
| estate appraisal , (ii)
to develop a real estate appraisal,
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| (iii)
to
practice as a real estate
appraiser, (iv)
or
to
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| advertise or hold himself or herself out to be a real estate
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| appraiser , or (v) solicit clients or enter into an appraisal | 17 |
| engagement with clients
in connection with a
federally related | 18 |
| transaction
without a real estate appraiser license issued | 19 |
| under this Act. A person who
violates this subsection is
guilty | 20 |
| of a Class A misdemeanor for a first offense and a Class 4 | 21 |
| felony for any subsequent offense .
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| (b) It
Beginning July 1, 2002, it is unlawful for a person, | 23 |
| other than a
person who holds a valid license issued pursuant | 24 |
| to this
Act as a State certified general real estate appraiser, | 25 |
| a
State
certified
residential real estate appraiser,
or an |
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HB1015 Re-Enrolled |
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| associate real estate trainee appraiser , or as a State licensed | 2 |
| real estate
appraiser issued pursuant to
a predecessor Act to | 3 |
| use these titles or any other title, designation, or
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| abbreviation likely to create the
impression that the person is | 5 |
| licensed as a real estate appraiser pursuant to
this Act. A | 6 |
| person who
violates this subsection is guilty of a Class A | 7 |
| misdemeanor for a first offense and a Class 4 felony for any | 8 |
| subsequent offense .
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| (c)
The licensing requirements of this Act
do not
require a | 10 |
| person real estate
broker
or salesperson who holds a
valid | 11 |
| license pursuant to the Real Estate License Act of 2000, to be | 12 |
| licensed
as a real estate appraiser
under this Act,
unless that | 13 |
| person the broker or salesperson is
providing
or attempting to | 14 |
| provide an appraisal report, as defined in Section
1-10 of this | 15 |
| Act, in connection with a federally-related transaction. | 16 |
| Nothing in this Act shall prohibit a person who holds a valid | 17 |
| license under the Real Estate License Act of 2000 from | 18 |
| performing a comparative market analysis or broker price | 19 |
| opinion for compensation, provided that the person does not | 20 |
| hold himself out as being a licensed real estate appraiser. | 21 |
| (d) Nothing in this Act shall preclude a State certified | 22 |
| general real estate appraiser, a State certified residential | 23 |
| real estate appraiser, or an associate real estate trainee | 24 |
| appraiser from rendering appraisals for or on behalf of a | 25 |
| partnership, association, corporation, firm, or group. | 26 |
| However, no State appraisal license or certification shall be |
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HB1015 Re-Enrolled |
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| issued under this Act to a partnership, association, | 2 |
| corporation, firm, or group.
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| (e) This Act does not apply to a county assessor, township | 4 |
| assessor, multi-township assessor, county supervisor of | 5 |
| assessments, or any deputy or employee of any county assessor, | 6 |
| township assessor, multi-township assessor, or county | 7 |
| supervisor of assessments who is performing his or her | 8 |
| respective duties in accordance with the provisions of the | 9 |
| Property Tax Code.
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| (f) A State real estate appraisal certification or license | 11 |
| is not required under this Act for any of the following: | 12 |
| (1) A person, partnership, association, or corporation | 13 |
| that performs appraisals of property owned by that person, | 14 |
| partnership, association, or corporation for the sole use | 15 |
| of that person, partnership, association, or corporation. | 16 |
| (2) A court-appointed commissioner who conducts an | 17 |
| appraisal pursuant to a judicially ordered evaluation of | 18 |
| property. | 19 |
| However, any person who is certified or licensed under this Act | 20 |
| and who performs any of the activities set forth in this | 21 |
| subsection (f) must comply with the provisions of this Act. A | 22 |
| person who violates this subsection (f) is guilty of a Class A | 23 |
| misdemeanor for a first offense and a Class 4 felony for any | 24 |
| subsequent offense. | 25 |
| (g) This Act does not apply to an employee, officer, | 26 |
| director, or member of a credit or loan committee of a |
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| financial institution or any other person engaged by a | 2 |
| financial institution when performing an evaluation of real | 3 |
| property for the sole use of the financial institution in a | 4 |
| transaction for which the financial institution would not be | 5 |
| required to use the services of a State licensed or State | 6 |
| certified appraiser pursuant to federal regulations adopted | 7 |
| under Title XI of the federal Financial Institutions Reform, | 8 |
| Recovery, and Enforcement Act of 1989, nor does this Act apply | 9 |
| to the procurement of an automated valuation model. | 10 |
| "Automated valuation model" means an automated system that | 11 |
| is used to derive a property value through the use of publicly | 12 |
| available property records and various analytic methodologies | 13 |
| such as comparable sales prices, home characteristics, and | 14 |
| historical home price appreciations. | 15 |
| For the purposes of this
subsection, "brokerage service" | 16 |
| means the
activity
of offering, negotiating,
buying, listing, | 17 |
| selling, or leasing real estate or procuring or referring
| 18 |
| prospects intended to result in the
listing, sale, purchase, | 19 |
| lease, or exchange of real estate for another and for
| 20 |
| compensation.
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| (Source: P.A. 92-180, eff. 7-1-02.)
| 22 |
| (225 ILCS 458/5-10)
| 23 |
| (Section scheduled to be repealed on January 1, 2012)
| 24 |
| Sec. 5-10. Application for State
certified general real | 25 |
| estate appraiser.
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LRB096 04384 ASK 14754 b |
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| (a) Every person who
desires to obtain a State certified | 2 |
| general real estate appraiser license
shall:
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| (1) apply to the Department
OBRE on forms provided by the | 4 |
| Department
OBRE accompanied by the required fee;
| 5 |
| (2) be at least 18 years of age;
| 6 |
| (3) (blank);
provide evidence of having attained a high | 7 |
| school diploma or completed
an
equivalent
course of
study as | 8 |
| determined by an examination conducted
or accepted
by the | 9 |
| Illinois State Board of
Education;
| 10 |
| (4) personally take and pass an examination authorized by | 11 |
| the Department
OBRE and endorsed
by the AQB;
| 12 |
| (5) prior to taking the examination, provide evidence to | 13 |
| the Department, in Modular Course format, with each module | 14 |
| conforming to the Real Property Appraiser Qualification | 15 |
| Criteria established and adopted by the AQB,
OBRE that he or | 16 |
| she
has successfully completed the prerequisite
classroom | 17 |
| hours of instruction in appraising as established by the AQB | 18 |
| and by
rule; and
| 19 |
| (6) prior to taking the examination, provide evidence
to | 20 |
| the Department
OBRE that he or she has successfully completed | 21 |
| the prerequisite
experience requirements in appraising as | 22 |
| established by AQB and by rule.
| 23 |
| (b) Applicants must provide evidence to the Department of | 24 |
| (i) holding a Bachelor's degree or higher from an accredited | 25 |
| college or university or (ii) successfully passing 30 semester | 26 |
| credit hours or the equivalent from an accredited college or |
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HB1015 Re-Enrolled |
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| university, junior college, or community college in the | 2 |
| following subjects: | 3 |
| (1) English composition; | 4 |
| (2) micro economics; | 5 |
| (3) macro economics; | 6 |
| (4) finance; | 7 |
| (5) algebra, geometry, or higher mathematics; | 8 |
| (6) statistics; | 9 |
| (7) introduction to computers-word
processing and | 10 |
| spreadsheets; | 11 |
| (8) business or real estate law; and | 12 |
| (9) two elective courses in accounting, geography,
| 13 |
| agricultural economics, business management, or real
| 14 |
| estate. | 15 |
| If an accredited college or university accepts the | 16 |
| College-Level Examination Program (CLEP) examinations and | 17 |
| issues a transcript for the exam showing its approval, it will | 18 |
| be considered credit for the college course for the purposes of | 19 |
| meeting the requirements of this subsection (c).
| 20 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 21 |
| (225 ILCS 458/5-15)
| 22 |
| (Section scheduled to be repealed on January 1, 2012)
| 23 |
| Sec. 5-15. Application for State certified residential | 24 |
| real estate
appraiser. | 25 |
| (a) Every person who
desires to obtain a State certified |
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HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
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| 1 |
| residential real estate appraiser license
shall:
| 2 |
| (1) apply to the Department
OBRE on forms provided by | 3 |
| the Department
OBRE accompanied by the required fee;
| 4 |
| (2) be at least 18 years of age;
| 5 |
| (3) (blank);
provide evidence of having attained a high | 6 |
| school diploma or completed
an equivalent
course of
study | 7 |
| as determined by an examination conducted
or accepted
by | 8 |
| the Illinois State Board of
Education;
| 9 |
| (4) personally take and pass an examination authorized | 10 |
| by the Department
OBRE and endorsed
by
the AQB;
| 11 |
| (5) prior to taking the examination, provide evidence
| 12 |
| to the Department, in Modular Course format, with each | 13 |
| module conforming to the Real Property Appraiser | 14 |
| Qualification Criteria established and adopted by the AQB,
| 15 |
| OBRE that he or she has successfully completed the | 16 |
| prerequisite
classroom hours of instruction in appraising | 17 |
| as established by the AQB and by
rule; and
| 18 |
| (6) prior to taking the examination, provide evidence
| 19 |
| to the Department
OBRE that he or she has successfully | 20 |
| completed the prerequisite
experience requirements as | 21 |
| established by AQB and by rule.
| 22 |
| (b) Applicants must provide evidence to the Department of | 23 |
| (i) holding an Associate's degree or its equivalent from an | 24 |
| accredited college or university, junior college, or community | 25 |
| college or (ii) successfully passing 21 semester credit hours | 26 |
| or the equivalent from an accredited college or university, |
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HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
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| junior college, or community college in the following subjects: | 2 |
| (1) English composition; | 3 |
| (2) principals of economics (micro or macro); | 4 |
| (3) finance; | 5 |
| (4) algebra, geometry, or higher mathematics; | 6 |
| (5) statistics; | 7 |
| (6) introduction to computers-word
processing and | 8 |
| spreadsheets; and | 9 |
| (7) business or real estate law. | 10 |
| If an accredited college or university accepts the | 11 |
| College-Level Examination Program (CLEP) examinations and | 12 |
| issues a transcript for the exam showing its approval, it will | 13 |
| be considered credit for the college course for the purposes of | 14 |
| the requirements of this subsection (b).
| 15 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 16 |
| (225 ILCS 458/5-20)
| 17 |
| (Section scheduled to be repealed on January 1, 2012)
| 18 |
| Sec. 5-20. Application for associate real estate trainee
| 19 |
| appraiser. (a) Every person who desires to obtain an associate | 20 |
| real estate trainee appraiser
license shall:
| 21 |
| (1) apply to the Department
OBRE on forms provided by | 22 |
| the Department
OBRE accompanied by the required
fee;
| 23 |
| (2) be at least 18 years of age;
| 24 |
| (3) provide evidence of having attained a high school | 25 |
| diploma or completed
an
equivalent course of
study as |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
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| 1 |
| determined by an examination conducted
or accepted
by the | 2 |
| Illinois State Board of
Education;
| 3 |
| (4) personally take and pass an examination authorized | 4 |
| by the Department
OBRE and
endorsed by the
AQB ; and
| 5 |
| (5) prior to taking the examination, provide evidence
| 6 |
| to the Department
OBRE that he or she has successfully
| 7 |
| completed
the prerequisite classroom hours of instruction | 8 |
| in appraising as established by
rule.
| 9 |
| (b) A person who holds a valid license as a licensed real | 10 |
| estate
appraiser, issued pursuant to
a predecessor Act, may | 11 |
| convert that license to an associate real estate
appraiser | 12 |
| license by making application
to
OBRE
on forms provided by
OBRE | 13 |
| accompanied by the required fee.
| 14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 15 |
| (225 ILCS 458/5-20.5 new)
| 16 |
| (Section scheduled to be repealed on January 1, 2012) | 17 |
| Sec. 5-20.5. Duration of application. Applicants have 3 | 18 |
| years from the date of application to complete the application | 19 |
| process. If the process has not been completed within 3 years, | 20 |
| the application shall be denied, the fee shall be forfeited, | 21 |
| and the applicant must reapply and meet the requirements in | 22 |
| effect at the time of reapplication.
| 23 |
| (225 ILCS 458/5-21 new)
| 24 |
| (Section scheduled to be repealed on January 1, 2012) |
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LRB096 04384 ASK 14754 b |
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| 1 |
| Sec. 5-21. Change of address notification. Any individual | 2 |
| licensed under this Act must inform the Department of any | 3 |
| change of address in a manner and within the amount of time | 4 |
| determined by the Department.
| 5 |
| (225 ILCS 458/5-25)
| 6 |
| (Section scheduled to be repealed on January 1, 2012)
| 7 |
| Sec. 5-25. Renewal of license.
| 8 |
| (a) The expiration date and renewal period
for a State | 9 |
| certified general
real estate appraiser license
or a State | 10 |
| certified residential
real estate appraiser license issued | 11 |
| under
this Act shall be set by rule.
Except as otherwise | 12 |
| provided in subsections (b) and (f) of this Section, the
holder | 13 |
| of a license may renew
the license within 90 days preceding the | 14 |
| expiration date by:
| 15 |
| (1) completing and submitting to the Department
OBRE a | 16 |
| renewal application form as
provided by
the Department
| 17 |
| OBRE ;
| 18 |
| (2) paying the required fees; and
| 19 |
| (3) providing evidence of successful completion of the | 20 |
| continuing
education requirements through courses approved | 21 |
| by the Department
OBRE from
education providers licensed by | 22 |
| the Department
OBRE , as established by the AQB
and by rule.
| 23 |
| (b) A State certified general real estate appraiser
or | 24 |
| State certified
residential real estate
appraiser whose | 25 |
| license under this Act has expired may renew
the license for a |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| period of
2 years following the expiration date by complying | 2 |
| with the requirements of
paragraphs (1), (2),
and (3) of | 3 |
| subsection (a)
of this Section and paying any late penalties | 4 |
| established by rule.
| 5 |
| (c) (Blank).
A State licensed real estate appraiser's | 6 |
| license
issued pursuant to a
predecessor Act shall continue in | 7 |
| effect until the earlier of its expiration
date or September | 8 |
| 30, 2003. The holder of such a license may not
renew the | 9 |
| license for any period after
September 30, 2003, but may | 10 |
| convert the license to an associate real estate
appraiser | 11 |
| license under this Act until
September 30, 2003 pursuant to | 12 |
| subsection (b) of Section 5-20 of this Act.
| 13 |
| (d) The expiration date and renewal period for an associate | 14 |
| real estate
trainee appraiser license issued under this
Act | 15 |
| shall be set by rule. Except as otherwise provided in | 16 |
| subsections (e) and
(f) of this Section, the holder
of an | 17 |
| associate real estate appraiser license may renew the license | 18 |
| within 90
days preceding the expiration date by:
| 19 |
| (1) completing and submitting to the Department
OBRE a | 20 |
| renewal application form as
provided by the Department
| 21 |
| OBRE ;
| 22 |
| (2) paying the required fees; and
| 23 |
| (3) providing evidence of successful completion of the | 24 |
| continuing
education requirements through
courses approved | 25 |
| by the Department
OBRE from education providers approved
by | 26 |
| the Department
OBRE , as established by rule.
|
|
|
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HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (e) Any associate real estate appraiser trainee whose | 2 |
| license under this Act has
expired may
renew the license for a | 3 |
| period of 2 years following the expiration date
by complying | 4 |
| with the requirements of paragraphs
(1), (2), and (3) of | 5 |
| subsection (d) of this Section and paying any late
penalties
as | 6 |
| established by rule. An associate real estate trainee appraiser | 7 |
| license may not be renewed more than 2 times.
| 8 |
| (f) Notwithstanding subsections (c) and (e), an
appraiser | 9 |
| whose license
under this Act has expired may renew or convert | 10 |
| the license without
paying any lapsed renewal
fees or late | 11 |
| penalties if the license expired while the appraiser was:
| 12 |
| (1) on active duty with the United States Armed | 13 |
| Services;
| 14 |
| (2) serving as the Coordinator
Director of Real Estate | 15 |
| Appraisal or an employee of
the Department
OBRE who was | 16 |
| required to surrender his or her license during the term of
| 17 |
| employment.
| 18 |
| Application for renewal must be made within 2 years | 19 |
| following
the termination of the military service or related | 20 |
| education, training, or
employment. The
licensee shall furnish | 21 |
| the Department
OBRE with an affidavit that he or she was so | 22 |
| engaged.
| 23 |
| (g) The Department
OBRE shall provide reasonable care and | 24 |
| due diligence to ensure that each
licensee under this Act
is | 25 |
| provided with a renewal application at least 90 days prior to | 26 |
| the expiration
date, but
each licensee is responsible to
timely |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| renew or convert his or her license prior to its expiration | 2 |
| date.
| 3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 4 |
| (225 ILCS 458/5-30)
| 5 |
| (Section scheduled to be repealed on January 1, 2012)
| 6 |
| Sec. 5-30. Endorsement Reciprocity; consent to | 7 |
| jurisdiction . The Department may issue an (a) A nonresident who | 8 |
| holds a valid appraiser license , without the required | 9 |
| examination, to an applicant licensed by another issued to him | 10 |
| or her
by the
proper licensing authority
of a state, territory, | 11 |
| possession of the United States, or the District of
Columbia , | 12 |
| if (i) the that has licensing
requirements of that licensing | 13 |
| authority are, on the date of licensure, substantially equal to | 14 |
| or substantially equivalent to the requirements set forth under | 15 |
| this Act or to a person who, at the time of his or her | 16 |
| application, possessed individual qualifications that were | 17 |
| substantially equivalent to the requirements of this Act or | 18 |
| (ii) of the
State of Illinois and otherwise
meets the | 19 |
| requirements for licensure may obtain a license without | 20 |
| examination,
provided that:
(1)
OBRE has entered into a valid | 21 |
| reciprocal agreement with the proper
licensing authority
of the | 22 |
| state, territory, or possession of the United States, or the | 23 |
| District of
Columbia;
(2) the applicant provides the Department
| 24 |
| OBRE with evidence a certificate of good standing from
the | 25 |
| licensing authority of the applicant's place of residence or by
|
|
|
|
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LRB096 04384 ASK 14754 b |
|
| 1 |
| an Appraisal Subcommittee National Registry
registry history | 2 |
| report . An applicant under this Section shall pay all of the | 3 |
| required fees. ;
(3) the applicant completes and submits an | 4 |
| application as provided by
OBRE and
the applicant pays all | 5 |
| applicable fees
required under this Act.
| 6 |
| (b) A nonresident applicant shall file an irrevocable | 7 |
| consent with OBRE
authorizing that actions may be
commenced | 8 |
| against the applicant or nonresident licensee in a court of
| 9 |
| competent jurisdiction in the State
of Illinois by the service | 10 |
| of summons, process, or other pleading authorized by
law upon | 11 |
| the
Commissioner. The consent shall stipulate and agree that | 12 |
| service of the
summons, process, or pleading
upon the | 13 |
| Commissioner shall be taken and held in all courts to be valid | 14 |
| and
binding as if actual service
had been made upon the | 15 |
| nonresident licensee in Illinois. If a summons,
process, or | 16 |
| other pleading is
served upon the Commissioner, it shall be by | 17 |
| duplicate copies, one of which
shall be retained by OBRE
and | 18 |
| the other of which shall be immediately forwarded by certified | 19 |
| or
registered mail to the last
known address of the nonresident | 20 |
| licensee against whom the summons, process, or
other pleading | 21 |
| may be directed.
| 22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 23 |
| (225 ILCS 458/5-35)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 5-35. Pre-license education requirements.
|
|
|
|
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (a) The prerequisite
classroom hours necessary for a person | 2 |
| to be
approved to sit for the examination for licensure as a
| 3 |
| State
certified general real
estate
appraiser
or
a State | 4 |
| certified residential
real estate appraiser
shall be in | 5 |
| accordance with AQB criteria and established
by rule.
| 6 |
| (b) The prerequisite classroom hours necessary for a person
| 7 |
| to sit for the examination for licensure as an associate real
| 8 |
| estate trainee appraiser shall be established by rule.
| 9 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 10 |
| (225 ILCS 458/5-40)
| 11 |
| (Section scheduled to be repealed on January 1, 2012)
| 12 |
| Sec. 5-40. Pre-license experience requirements. The
| 13 |
| prerequisite experience necessary for a person to be approved | 14 |
| to sit for the
examination
for licensure as a State certified | 15 |
| general real estate
appraiser or a State certified
residential | 16 |
| real
estate appraiser shall be in accordance with AQB criteria | 17 |
| and established by
rule.
| 18 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 19 |
| (225 ILCS 458/5-45)
| 20 |
| (Section scheduled to be repealed on January 1, 2012)
| 21 |
| Sec. 5-45. Continuing education renewal requirements.
| 22 |
| (a) The continuing education requirements for a person to | 23 |
| renew a license as
a State certified general
real estate | 24 |
| appraiser
or
a State certified residential real estate |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| appraiser
shall be in accordance with AQB criteria and
| 2 |
| established by rule.
| 3 |
| (b) The continuing education requirements for a person to
| 4 |
| renew a license as an associate real estate trainee appraiser | 5 |
| shall be
established by rule.
| 6 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 7 |
| (225 ILCS 458/5-55)
| 8 |
| (Section scheduled to be repealed on January 1, 2012)
| 9 |
| Sec. 5-55. Fees. The Department
OBRE shall establish rules | 10 |
| for fees to be paid by applicants and licensees to
cover the | 11 |
| reasonable costs
of the Department
OBRE in administering and | 12 |
| enforcing the provisions of this Act. The Department
OBRE may
| 13 |
| also establish rules for
general fees to cover the reasonable | 14 |
| expenses of carrying out other functions
and responsibilities | 15 |
| under
this Act.
| 16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 17 |
| (225 ILCS 458/10-5)
| 18 |
| (Section scheduled to be repealed on January 1, 2012)
| 19 |
| Sec. 10-5. Scope of practice.
| 20 |
| (a) This Act does not limit a
State
certified general real | 21 |
| estate appraiser
in his or
her scope of practice in
a federally | 22 |
| related transaction. A certified general real estate appraiser
| 23 |
| may independently provide
appraisal
services, review, or | 24 |
| consulting
relating to any type of property for which he or she |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| has experience or
and is
competent. All such appraisal
practice | 2 |
| must be made in accordance with the provisions of USPAP, | 3 |
| criteria
established by the AQB, and rules adopted pursuant to | 4 |
| this Act.
| 5 |
| (b) A State certified residential real estate appraiser is | 6 |
| limited in his or
her scope of practice
in a
federally related | 7 |
| transaction as provided by Title XI,
the provisions of USPAP, | 8 |
| criteria established by the AQB, and the
rules adopted pursuant | 9 |
| to this Act.
| 10 |
| (c) A State certified residential real estate appraiser | 11 |
| must have a State certified general real estate appraiser who | 12 |
| holds a valid license under this Act co-sign all appraisal | 13 |
| reports on properties other than one to 4 units of residential | 14 |
| real property without regard to transaction value or | 15 |
| complexity.
A State licensed real estate appraiser is limited | 16 |
| in his or her scope of
practice in a federally
related | 17 |
| transaction
as provided by Title XI, the
provisions of USPAP, | 18 |
| criteria established by the AQB, and the
rules adopted pursuant | 19 |
| to this Act. No State licensed
real estate appraiser license | 20 |
| shall be issued on or after
September 30, 2003 under this Act.
| 21 |
| (d) An associate real estate trainee appraiser is limited | 22 |
| in his or her scope of
practice in all transactions in | 23 |
| accordance with the provisions of
USPAP, this
Act, and the | 24 |
| rules adopted pursuant to this Act. In addition,
an associate | 25 |
| real estate trainee appraiser shall be required to have
a State | 26 |
| certified
general real estate
appraiser or State certified |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| residential real estate appraiser who holds a
valid license | 2 |
| under this Act
to co-sign all appraisal reports. The associate | 3 |
| real estate trainee appraiser licensee may not have more than 3 | 4 |
| supervising appraisers, and a supervising appraiser may not | 5 |
| supervise more than 3 associate real estate trainee appraisers | 6 |
| at one time. A chronological appraisal log on an approved log | 7 |
| form shall be maintained by the associate real estate trainee | 8 |
| appraiser and shall be made available to the Department upon | 9 |
| request.
| 10 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 11 |
| (225 ILCS 458/10-10)
| 12 |
| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 10-10. Standards of practice. All persons licensed | 14 |
| under this Act
must comply with standards
of professional | 15 |
| appraisal practice adopted by the Department
OBRE . The | 16 |
| Department
OBRE must adopt, as part
of
its rules, the Uniform
| 17 |
| Standards of Professional Appraisal Practice (USPAP) as | 18 |
| published from time to time by
the Appraisal Standards
Board of | 19 |
| the Appraisal Foundation. The Department
OBRE shall consider | 20 |
| federal laws and
regulations regarding the
licensure of real | 21 |
| estate appraisers prior to adopting its rules for the
| 22 |
| administration of this Act.
| 23 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 24 |
| (225 ILCS 458/10-20)
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2012)
| 2 |
| Sec. 10-20. Retention of records. A person licensed under | 3 |
| this Act shall
retain the original
copy of all written | 4 |
| contracts engaging his or her services as an appraiser and
all | 5 |
| appraisal
reports, including any supporting data used to | 6 |
| develop the appraisal report,
for a period of 5 years or 2
| 7 |
| years after the final disposition of any judicial proceeding in | 8 |
| which testimony
was given, whichever is
longer. In addition, a | 9 |
| person licensed under this Act shall retain contracts,
logs, | 10 |
| and appraisal reports used
in meeting pre-license experience | 11 |
| requirements for a period of 5 years and shall be made | 12 |
| available to the Department upon request .
| 13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 14 |
| (225 ILCS 458/15-5)
| 15 |
| (Section scheduled to be repealed on January 1, 2012)
| 16 |
| Sec. 15-5. Unlicensed practice; civil penalty; injunctive | 17 |
| relief ; unlawful influence .
| 18 |
| (a) A person who violates Section 5-5 of this Act
shall, in | 19 |
| addition to any other penalty provided by law, pay a civil | 20 |
| penalty
to the Department
OBRE in an amount not
to exceed | 21 |
| $25,000
$10,000 for each violation as determined by the | 22 |
| Secretary
Commissioner . The
civil penalty shall
be assessed by | 23 |
| the Secretary
Commissioner after a hearing in accordance with | 24 |
| the provisions of this Act regarding the provision of a hearing | 25 |
| for the discipline of a license .
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (b) The Department
OBRE has the authority to investigate | 2 |
| any activity that may violate
this Act.
| 3 |
| (c) A civil penalty imposed pursuant to subsection (a) | 4 |
| shall be paid within
60 days after the effective date
of the | 5 |
| order imposing the
civil penalty. The order shall constitute a | 6 |
| judgment and may be filed and executed in the same manner as | 7 |
| any judgment from any court of record
OBRE may petition the | 8 |
| circuit court for a judgment to
enforce the
collection of the | 9 |
| penalty .
Any civil penalty collected under this Act shall be | 10 |
| made payable to the Department of Financial and Professional | 11 |
| Regulation
Office of
Banks and Real Estate and
deposited into | 12 |
| the Appraisal Administration Fund. In addition to or in lieu of
| 13 |
| the imposition of a civil
penalty, the Department
OBRE may | 14 |
| report a violation of this Act or the failure or refusal to
| 15 |
| comply with an order of the Department
OBRE to the Attorney | 16 |
| General or to the appropriate State's Attorney.
| 17 |
| (d) Practicing as an appraiser without holding a valid | 18 |
| license as required
under this Act
is declared
to be adverse to | 19 |
| the public welfare, to constitute a public nuisance, and to
| 20 |
| cause irreparable harm to the
public welfare. The Secretary
| 21 |
| Commissioner , the Attorney General, or the State's
Attorney
of | 22 |
| any county in the State
may maintain an action for injunctive | 23 |
| relief in any circuit court to enjoin any
person from
engaging | 24 |
| in such practice.
| 25 |
| Upon the filing of a verified petition in a circuit court, | 26 |
| the court, if
satisfied by affidavit or otherwise that
a person |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| has been engaged in the practice of real estate appraisal | 2 |
| without a
valid license,
may enter a temporary restraining | 3 |
| order without notice or bond
enjoining the defendant
from | 4 |
| further practice. The showing of non-licensure, by affidavit or
| 5 |
| otherwise, is sufficient
for the issuance of a temporary | 6 |
| injunction.
If it is established that the defendant has been or | 7 |
| is engaged
in unlawful practice, the court
may enter an order | 8 |
| or judgment perpetually enjoining the defendant from further
| 9 |
| unlawful practice. In all
proceedings under this Section, the | 10 |
| court, in its discretion, may apportion the
costs among the | 11 |
| parties interested
in the action, including the cost of filing | 12 |
| the complaint, service of process,
witness fees and expenses, | 13 |
| court
reporter charges, and reasonable attorneys' fees.
These | 14 |
| injunction proceedings shall be in addition to, and not in lieu | 15 |
| of, all
penalties and other remedies
provided in this Act.
| 16 |
| (e) No person shall influence or attempt to influence | 17 |
| through coercion, extortion, or bribery the independent | 18 |
| judgment of an appraiser licensed or certified under this Act | 19 |
| in the development, reporting, result, or review of a real | 20 |
| estate appraisal. A person who violates this subsection (e) is | 21 |
| guilty of a Class A misdemeanor for the first offense and a | 22 |
| Class 4 felony for any subsequent offense.
| 23 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 24 |
| (225 ILCS 458/15-10)
| 25 |
| (Section scheduled to be repealed on January 1, 2012)
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| Sec. 15-10. Grounds for disciplinary action.
| 2 |
| (a) The Department
Office of Banks and Real Estate may | 3 |
| suspend, revoke,
refuse to issue , or
renew , or restore a | 4 |
| license and may reprimand place on probation or administrative
| 5 |
| supervision,
or take any disciplinary or non-disciplinary | 6 |
| action otherwise discipline a licensee , including
imposing
| 7 |
| conditions limiting the scope, nature, or extent of the real | 8 |
| estate appraisal
practice of a
licensee or reducing the | 9 |
| appraisal rank of a licensee,
and may impose an administrative | 10 |
| fine
a civil penalty not to exceed $25,000 for each violation | 11 |
| $10,000 upon a licensee
for one or any one or combination of | 12 |
| the following:
| 13 |
| (1) Procuring or attempting to procure a license by | 14 |
| knowingly making a
false statement,
submitting false | 15 |
| information, engaging in any form of fraud or
| 16 |
| misrepresentation,
or refusing
to provide complete | 17 |
| information in response to a question in an application for
| 18 |
| licensure.
| 19 |
| (2) Failing to meet the minimum qualifications for | 20 |
| licensure as an
appraiser established by this
Act.
| 21 |
| (3) Paying money, other than for the fees provided for | 22 |
| by this Act, or
anything of value to a
member or employee | 23 |
| of the Board or the Department
Office of Banks and Real | 24 |
| Estate to procure
licensure
under this Act.
| 25 |
| (4) Conviction of or entry of a plea of guilty or nolo | 26 |
| contendere to Being convicted of any crime that is a felony |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| under the laws of the United States or any state or | 2 |
| territory thereof or a misdemeanor of which , an essential | 3 |
| element of which is
dishonesty , fraud, theft, or
| 4 |
| embezzlement, or obtaining money, property, or credit by | 5 |
| false pretenses, or
any other crime
that is directly | 6 |
| reasonably related to the practice of the profession real | 7 |
| estate appraisal or a
conviction in any state
or federal | 8 |
| court of any felony .
| 9 |
| (5) Committing an act or omission involving | 10 |
| dishonesty, fraud, or
misrepresentation with the intent to
| 11 |
| substantially benefit the licensee or another person or | 12 |
| with intent to
substantially injure
another person as | 13 |
| defined by rule.
| 14 |
| (6) Violating a provision or standard for the | 15 |
| development or
communication of real estate
appraisals as | 16 |
| provided in Section 10-10 of this Act or as defined by | 17 |
| rule.
| 18 |
| (7) Failing or refusing without good cause to exercise | 19 |
| reasonable
diligence in developing, reporting,
or | 20 |
| communicating an appraisal, as defined by this Act or by | 21 |
| rule.
| 22 |
| (8) Violating a provision of this Act or the rules | 23 |
| adopted pursuant to
this Act.
| 24 |
| (9) Having been disciplined by another state, the | 25 |
| District of Columbia, a
territory, a foreign nation,
a | 26 |
| governmental agency, or any other entity authorized to |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| impose discipline if
at least one of
the grounds for that | 2 |
| discipline is the same as or the equivalent of one of the
| 3 |
| grounds for
which a licensee may be disciplined under this | 4 |
| Act.
| 5 |
| (10) Engaging in dishonorable, unethical, or | 6 |
| unprofessional conduct of a
character likely to
deceive, | 7 |
| defraud, or harm the public.
| 8 |
| (11) Accepting an appraisal assignment when the | 9 |
| employment
itself is contingent
upon the appraiser | 10 |
| reporting a predetermined estimate, analysis, or opinion | 11 |
| or
when the fee
to be paid is contingent upon the opinion, | 12 |
| conclusion, or valuation reached or
upon the
consequences | 13 |
| resulting from the appraisal assignment.
| 14 |
| (12) Developing valuation conclusions based on the | 15 |
| race, color, religion,
sex, national origin,
ancestry, | 16 |
| age, marital status, family status, physical or mental | 17 |
| handicap, or
unfavorable
military discharge, as defined | 18 |
| under the Illinois Human Rights Act, of the
prospective or
| 19 |
| present owners or occupants of the area or property under | 20 |
| appraisal.
| 21 |
| (13) Violating the confidential nature of government | 22 |
| records to which
the licensee gained
access through | 23 |
| employment or engagement as an appraiser by a government | 24 |
| agency.
| 25 |
| (14) Being adjudicated liable in a civil proceeding on | 26 |
| grounds of
fraud, misrepresentation, or
deceit. In a |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| disciplinary proceeding based upon a finding of civil | 2 |
| liability,
the appraiser shall
be afforded an opportunity | 3 |
| to present mitigating and extenuating circumstances,
but | 4 |
| may not
collaterally attack the civil adjudication.
| 5 |
| (15) Being adjudicated liable in a civil proceeding for | 6 |
| violation of
a state or federal fair
housing law.
| 7 |
| (16) Engaging in misleading or untruthful advertising | 8 |
| or using a trade
name or insignia of
membership in a real | 9 |
| estate appraisal or real estate organization of
which the | 10 |
| licensee is
not a member.
| 11 |
| (17) Failing to fully cooperate with a Department an
| 12 |
| OBRE investigation by knowingly
making a false
statement, | 13 |
| submitting false or misleading information, or refusing to | 14 |
| provide
complete information in response to written
| 15 |
| interrogatories or a written
request for documentation | 16 |
| within 30 days of the request.
| 17 |
| (18) Failing to include within the certificate of | 18 |
| appraisal for all
written appraisal reports the | 19 |
| appraiser's license number and licensure title.
All | 20 |
| appraisers providing significant contribution to the | 21 |
| development and
reporting of an appraisal must be disclosed | 22 |
| in the appraisal report. It is a
violation of this Act for | 23 |
| an
appraiser to sign a report,
transmittal letter, or | 24 |
| appraisal certification knowing that a person providing
a | 25 |
| significant
contribution to the report has not been | 26 |
| disclosed in the appraisal report.
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (19) Violating the terms of a disciplinary order or | 2 |
| consent to administrative supervision order. | 3 |
| (20) Habitual or excessive use or addiction to alcohol, | 4 |
| narcotics, stimulants, or any other chemical agent or drug | 5 |
| that results in a licensee's inability to practice with | 6 |
| reasonable judgment, skill, or safety. | 7 |
| (21) A physical or mental illness or disability which | 8 |
| results in the inability to practice under this Act with | 9 |
| reasonable judgment, skill, or safety.
| 10 |
| (22) Gross negligence in developing an appraisal or in | 11 |
| communicating an appraisal or failing to observe one or | 12 |
| more of the Uniform Standards of Professional Appraisal | 13 |
| Practice. | 14 |
| (23) A pattern of practice or other behavior that | 15 |
| demonstrates incapacity or incompetence to practice under | 16 |
| this Act. | 17 |
| (24) Using or attempting to use the seal, certificate, | 18 |
| or license of another as his or her own; falsely | 19 |
| impersonating any duly licensed appraiser; using or | 20 |
| attempting to use an inactive, expired, suspended, or | 21 |
| revoked license; or aiding or abetting any of the | 22 |
| foregoing. | 23 |
| (25) Solicitation of professional services by using | 24 |
| false, misleading, or deceptive advertising. | 25 |
| (26) Making a material misstatement in furnishing | 26 |
| information to the Department. |
|
|
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HB1015 Re-Enrolled |
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| 1 |
| (27) Failure to furnish information to the Department | 2 |
| upon written request. | 3 |
| (b) The Department
Office of Banks and Real Estate may | 4 |
| reprimand suspend, revoke,
or refuse to issue or renew an | 5 |
| education provider's
license, may reprimand, place on | 6 |
| probation, or otherwise discipline
an education provider
and | 7 |
| may suspend or revoke the course approval of any course offered | 8 |
| by
an education provider and may impose an administrative fine
| 9 |
| a civil penalty not to exceed $25,000 $10,000 upon
an education | 10 |
| provider,
for any of the following:
| 11 |
| (1) Procuring or attempting to procure licensure by | 12 |
| knowingly making a
false statement,
submitting false | 13 |
| information, engaging in any form of fraud or
| 14 |
| misrepresentation, or
refusing to
provide complete | 15 |
| information in response to a question in an application for
| 16 |
| licensure.
| 17 |
| (2) Failing to comply with the covenants certified to | 18 |
| on the application
for licensure as an education provider.
| 19 |
| (3) Committing an act or omission involving | 20 |
| dishonesty, fraud, or
misrepresentation or allowing any | 21 |
| such act or omission by
any employee or contractor under | 22 |
| the control of the provider.
| 23 |
| (4) Engaging in misleading or untruthful advertising.
| 24 |
| (5) Failing to retain competent instructors in | 25 |
| accordance with rules
adopted
under this Act.
| 26 |
| (6) Failing to meet the topic or time requirements for |
|
|
|
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| 1 |
| course approval as
the provider of a pre-license
curriculum | 2 |
| course or a continuing education course.
| 3 |
| (7) Failing to administer an approved course using the | 4 |
| course materials,
syllabus, and examinations
submitted as | 5 |
| the basis of the course approval.
| 6 |
| (8) Failing to provide an appropriate classroom | 7 |
| environment for
presentation of courses, with
| 8 |
| consideration for student comfort, acoustics, lighting, | 9 |
| seating, workspace, and
visual aid material.
| 10 |
| (9) Failing to maintain student records in compliance | 11 |
| with the rules
adopted under this Act.
| 12 |
| (10) Failing to provide a certificate, transcript, or | 13 |
| other student
record to the Department
OBRE or to a student
| 14 |
| as may be required by rule.
| 15 |
| (11) Failing to fully cooperate with an OBRE
| 16 |
| investigation by the Department by knowingly
making a false
| 17 |
| statement, submitting false or misleading information, or | 18 |
| refusing to provide
complete information in response to | 19 |
| written interrogatories or a written
request for | 20 |
| documentation within 30 days of the request.
| 21 |
| (c) In appropriate cases, the Department
OBRE may resolve a | 22 |
| complaint against a licensee
through the issuance of a Consent | 23 |
| to Administrative Supervision order.
A licensee subject to a | 24 |
| Consent to Administrative Supervision order
shall be | 25 |
| considered by the Department
OBRE
as an active licensee in good | 26 |
| standing. This order shall not be reported or
considered by the |
|
|
|
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| 1 |
| Department
OBRE to be a discipline
of the licensee. The records | 2 |
| regarding an investigation and a Consent to
Administrative | 3 |
| Supervision order
shall be considered confidential and shall | 4 |
| not be released by the Department
OBRE except
as mandated by | 5 |
| law.
A complainant shall be notified if his or her complaint | 6 |
| has been resolved
by a Consent to
Administrative Supervision | 7 |
| order.
| 8 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 9 |
| (225 ILCS 458/15-15)
| 10 |
| (Section scheduled to be repealed on January 1, 2012)
| 11 |
| Sec. 15-15. Investigation; notice; hearing.
| 12 |
| (a) Upon the motion of the Department
Office of Banks and | 13 |
| Real Estate or the Board or
upon a complaint in
writing of a | 14 |
| person setting forth facts that, if proven, would constitute
| 15 |
| grounds for suspension, revocation,
or other disciplinary | 16 |
| action against a licensee or applicant for licensure, the | 17 |
| Department
Office of Banks and Real
Estate shall investigate | 18 |
| the actions of the licensee or applicant. If, upon | 19 |
| investigation, the Department believes that there may be cause | 20 |
| for suspension, revocation, or other disciplinary action, the | 21 |
| Department shall use the services of a State certified general | 22 |
| real estate appraiser, a State certified residential real | 23 |
| estate appraiser, or the Real Estate Coordinator to assist in | 24 |
| determining whether grounds for disciplinary action exist | 25 |
| prior to commencing formal disciplinary proceedings.
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (b) Formal disciplinary proceedings shall commence upon | 2 |
| the issuance of a
written complaint
describing the charges that | 3 |
| are the basis of the disciplinary action and
delivery of the | 4 |
| detailed complaint to the address of
record of the licensee or | 5 |
| applicant. The Department
OBRE shall notify the licensee or
| 6 |
| applicant
to file a verified written
answer within 20 days | 7 |
| after the service of the notice and complaint.
The
notification | 8 |
| shall inform the licensee or applicant of his or her
right to | 9 |
| be heard in person or by
legal counsel; that the hearing will | 10 |
| be afforded not sooner than 30 days after
service
receipt of | 11 |
| the complaint
answer to the
specific charges ; that failure to | 12 |
| file an answer will result in a default being
entered against | 13 |
| the licensee or applicant;
that the license may be suspended, | 14 |
| revoked, or placed on
probationary status; and that other
| 15 |
| disciplinary action may be taken pursuant to this Act, | 16 |
| including limiting the
scope, nature, or extent of the | 17 |
| licensee's
practice. If the licensee or applicant fails to file | 18 |
| an answer after service of
notice, his or her license may,
at | 19 |
| the discretion of the Department
Office of Banks and Real | 20 |
| Estate , be suspended,
revoked, or placed on probationary
status | 21 |
| and the Department
Office of Banks and Real Estate may take | 22 |
| whatever disciplinary
action it deems proper,
including | 23 |
| limiting the scope, nature, or extent of the person's practice,
| 24 |
| without a hearing.
| 25 |
| (c) At the time and place fixed in the notice, the Board | 26 |
| shall conduct
hearing of the charges, providing
both the |
|
|
|
HB1015 Re-Enrolled |
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|
| 1 |
| accused person and the complainant ample opportunity to present | 2 |
| in
person
or by counsel such statements, testimony, evidence, | 3 |
| and argument as may be
pertinent to the charges or
to a defense | 4 |
| thereto.
| 5 |
| (d) The Board shall present to the Secretary
Commissioner a | 6 |
| written report of its
findings and
recommendations. A copy of | 7 |
| the report shall be served upon the licensee or
applicant,
| 8 |
| either personally or by certified
mail. Within 20 days after | 9 |
| the service, the licensee or applicant may present
the | 10 |
| Secretary
Commissioner with a motion in writing
for either a | 11 |
| rehearing, a proposed finding of fact, a conclusion of law, or | 12 |
| an
alternative sanction, and shall
specify the particular | 13 |
| grounds for the request. If the accused orders a
transcript of | 14 |
| the record
as provided in this Act, the time elapsing | 15 |
| thereafter and before the transcript
is ready for delivery to | 16 |
| the
accused shall not be counted as part of the 20 days. If the | 17 |
| Secretary
Commissioner is
not satisfied that
substantial | 18 |
| justice has been done, the Secretary
Commissioner may order a | 19 |
| rehearing by
the Board or other
special committee appointed by | 20 |
| the Secretary
Commissioner , may remand the matter to the
Board | 21 |
| for its
reconsideration of the matter based on the pleadings | 22 |
| and evidence presented to
the Board, or may enter
a final order | 23 |
| in contravention of the Board's recommendation. In all
| 24 |
| instances under this Act in which
the Board has rendered a | 25 |
| recommendation to the Secretary
Commissioner with respect to a
| 26 |
| particular licensee or
applicant, the Secretary
Commissioner , |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| if he or she disagrees with
the recommendation of the Board, | 2 |
| shall file with the Board and provide to the
licensee or | 3 |
| applicant a copy of the Secretary's
Commissioner's specific | 4 |
| written reasons for
disagreement with the Board. The reasons | 5 |
| shall be filed within 60 days of the
Board's recommendation
to | 6 |
| the Secretary
Commissioner and prior to any contrary action. | 7 |
| Notwithstanding a licensee's or applicant's failure to file a | 8 |
| motion for rehearing
At the expiration of the
time specified | 9 |
| for filing
a motion for a rehearing , the Secretary
Commissioner
| 10 |
| shall have the right to take any of
the actions specified in | 11 |
| this
subsection (d). Upon the suspension or revocation of a | 12 |
| license, the licensee
shall
be required to surrender his
or her | 13 |
| license to the Department
OBRE , and upon failure or refusal to | 14 |
| do so, the Department
OBRE
shall have
the right to seize the
| 15 |
| license.
| 16 |
| (e) The Department
Office of Banks and Real Estate has the | 17 |
| power to issue subpoenas and
subpoenas duces tecum
to bring | 18 |
| before it any person in this State, to take testimony, or to | 19 |
| require
production of any records
relevant to an inquiry or | 20 |
| hearing by the Board in the same manner as prescribed
by law in | 21 |
| judicial
proceedings in the courts of this State. In a case of | 22 |
| refusal of a witness to
attend, testify, or to produce
books or | 23 |
| papers concerning a matter upon which he or she might be | 24 |
| lawfully
examined, the circuit court
of the county where the | 25 |
| hearing is held, upon application of the Department
Office of
| 26 |
| Banks and Real Estate or any
party to the proceeding, may |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| compel obedience by proceedings as for contempt.
| 2 |
| (f) Any license that is suspended indefinitely or revoked | 3 |
| may not be
restored for a minimum period
of 2 years, or as | 4 |
| otherwise ordered by the Secretary
Commissioner .
| 5 |
| (g) In addition to the provisions of this Section | 6 |
| concerning the conduct of
hearings and the
recommendations for | 7 |
| discipline, the Department
OBRE has the authority to negotiate
| 8 |
| disciplinary and non-disciplinary
settlement agreements | 9 |
| concerning any license issued under this Act. All such
| 10 |
| agreements shall be
recorded as Consent Orders or Consent to | 11 |
| Administrative Supervision Orders.
| 12 |
| (h) The Secretary
Commissioner shall have the authority to | 13 |
| appoint an attorney duly
licensed to practice law in the
State | 14 |
| of Illinois to serve as the hearing officer in any action to | 15 |
| suspend,
revoke, or otherwise discipline
any license issued by | 16 |
| the Department
Office of Banks and Real Estate . The Hearing | 17 |
| Officer
shall have full authority
to conduct the hearing.
| 18 |
| (i) The Department
OBRE , at its expense, shall preserve a | 19 |
| record of all formal hearings of
any contested case involving
| 20 |
| the discipline of a license. At all hearings or pre-hearing | 21 |
| conferences, the Department
OBRE and the licensee shall be
| 22 |
| entitled to have the proceedings transcribed by a certified | 23 |
| shorthand reporter.
A copy of the transcribed
proceedings shall | 24 |
| be made available to the licensee by the certified shorthand
| 25 |
| reporter upon payment of
the prevailing contract copy rate.
| 26 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (225 ILCS 458/15-17 new)
| 2 |
| (Section scheduled to be repealed on January 1, 2012) | 3 |
| Sec. 15-17. Temporary suspension. The Secretary may | 4 |
| temporarily suspend the license of a licensee without a | 5 |
| hearing, simultaneously with the institution of proceedings | 6 |
| for a hearing provided in Section 15-10 of this Act, if the | 7 |
| Secretary finds that the public interest, safety, or welfare | 8 |
| requires such emergency action. In the event that the Secretary | 9 |
| temporarily suspends a license without a hearing before the | 10 |
| Board, a hearing shall be held within 30 days after the | 11 |
| suspension has occurred. The suspended licensee may seek a | 12 |
| continuance of the hearing, during which time the suspension | 13 |
| shall remain in effect. The proceeding shall be concluded | 14 |
| without appreciable delay. If the Department does not hold a | 15 |
| hearing within 30 days after the date of suspension, the | 16 |
| licensee's license shall be automatically reinstated.
| 17 |
| (225 ILCS 458/15-18 new)
| 18 |
| (Section scheduled to be repealed on January 1, 2012) | 19 |
| Sec. 15-18. Report of fraud. Whenever the Secretary becomes | 20 |
| aware, based on reliable information, that any person or entity | 21 |
| regulated by the Department, other than a person or entity | 22 |
| regulated under this Act, is engaged or has been engaged in | 23 |
| real estate appraising for mortgage loan purposes in a manner | 24 |
| that constitutes fraud or misrepresentation or constitutes |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| dishonest, unethical, or unprofessional conduct of a character | 2 |
| likely to defraud or harm the public, the Secretary shall refer | 3 |
| that matter in a timely manner to the appropriate disciplinary | 4 |
| board or investigative body charged with investigating and | 5 |
| prosecuting the unlawful conduct of such regulated person or | 6 |
| entity and may also refer the matter to the Attorney General or | 7 |
| other appropriate law enforcement agency, as deemed | 8 |
| appropriate by the Secretary.
| 9 |
| (225 ILCS 458/15-20)
| 10 |
| (Section scheduled to be repealed on January 1, 2012)
| 11 |
| Sec. 15-20. Administrative Review Law; certification fees; | 12 |
| Administrative
Procedure Act.
| 13 |
| (a) All final administrative decisions of the Secretary
| 14 |
| Commissioner under this Act
are subject to
judicial review | 15 |
| pursuant to the
provisions of the Administrative Review Law and | 16 |
| the rules adopted pursuant
thereto. The term
"administrative | 17 |
| decision" has the meaning ascribed to it in Section
3-101 of | 18 |
| the
Administrative Review Law.
| 19 |
| (b) The Department
OBRE shall not be required to certify | 20 |
| any record, file any answer or
otherwise appear unless the
| 21 |
| party filing the administrative review complaint pays the | 22 |
| certification fee to the Department
OBRE as provided by rule.
| 23 |
| Failure on the part of the plaintiff to make such a deposit | 24 |
| shall be grounds
for dismissal of the action.
| 25 |
| (c) The Administrative Procedures Act is hereby expressly |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| adopted
and incorporated herein. In the event of a conflict | 2 |
| between
this Act and the Administrative Procedures Act, this | 3 |
| Act shall
control.
| 4 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 5 |
| (225 ILCS 458/15-30)
| 6 |
| (Section scheduled to be repealed on January 1, 2012)
| 7 |
| Sec. 15-30. Statute of limitations. No action may be taken | 8 |
| under this
Act against a person licensed
under this Act unless | 9 |
| the action is commenced within 5 years after the
occurrence of | 10 |
| the alleged violation or at least 2 years after final | 11 |
| disposition of any judicial proceeding in which the appraiser | 12 |
| provided testimony related to the assignment, whichever period | 13 |
| expires last .
A continuing violation is deemed to have occurred | 14 |
| on the date when the
circumstances last existed
that gave rise | 15 |
| to the alleged continuing violation.
| 16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 17 |
| (225 ILCS 458/15-35)
| 18 |
| (Section scheduled to be repealed on January 1, 2012)
| 19 |
| Sec. 15-35. Signature of the Secretary
Commissioner . An | 20 |
| order of revocation or
suspension or a certified
copy of the | 21 |
| order, bearing the seal of the Department
OBRE and purporting | 22 |
| to be signed by the Secretary
Commissioner , shall be prima
| 23 |
| facie proof that:
| 24 |
| (1) the signature is the genuine signature of the |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| Secretary
Commissioner ;
| 2 |
| (2) the Secretary
Commissioner is duly appointed and | 3 |
| qualified; and
| 4 |
| (3) the Board and the members thereof are qualified.
| 5 |
| This proof may be rebutted.
| 6 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 7 |
| (225 ILCS 458/15-40)
| 8 |
| (Section scheduled to be repealed on January 1, 2012)
| 9 |
| Sec. 15-40. Violation of tax Acts. The Department
OBRE may | 10 |
| refuse to issue or renew or
may suspend the license
of any | 11 |
| person who fails to file a return, pay the tax, penalty, or | 12 |
| interest
shown in a filed return, or pay any
final assessment | 13 |
| of tax, penalty, or interest, as required by any tax Act
| 14 |
| administered by the Department
of Revenue, until such time as | 15 |
| the requirements of that tax Act are
satisfied.
| 16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 17 |
| (225 ILCS 458/15-45)
| 18 |
| (Section scheduled to be repealed on January 1, 2012)
| 19 |
| Sec. 15-45. Disciplinary action for educational loan | 20 |
| defaults. The Department
OBRE shall
deny a license or renewal
| 21 |
| authorized by this Act to a person who has defaulted on an | 22 |
| educational loan or
scholarship provided or
guaranteed by the | 23 |
| Illinois Student Assistance Commission or any governmental
| 24 |
| agency of this State;
however, the Department
OBRE may issue a |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| license or renewal if the person has established a
satisfactory | 2 |
| repayment
record as determined by the Illinois Student | 3 |
| Assistance Commission or other
appropriate governmental
agency | 4 |
| of this State. Additionally, a license issued by the Department
| 5 |
| OBRE may be suspended
or revoked if the Secretary
Commissioner , | 6 |
| after the opportunity for a hearing under this Act, finds that
| 7 |
| the licensee has failed to
make satisfactory repayment to the | 8 |
| Illinois Student Assistance Commission for a
delinquent or | 9 |
| defaulted
loan.
| 10 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 11 |
| (225 ILCS 458/15-50)
| 12 |
| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 15-50. Nonpayment of child support. In cases where the | 14 |
| Department of Healthcare and Family Services (formerly
| 15 |
| Department of
Public Aid) has
previously determined that a | 16 |
| licensee or a potential licensee is more than 30
days | 17 |
| delinquent in the
payment of child support and has subsequently | 18 |
| certified the delinquency to
the Department OBRE , the | 19 |
| Department OBRE may refuse
to issue or renew or may revoke or | 20 |
| suspend that person's license or may take
other disciplinary | 21 |
| action
against that person based solely upon the certification | 22 |
| of delinquency made by
the Department of Healthcare and Family | 23 |
| Services (formerly Department of Public
Aid). Redetermination | 24 |
| of the delinquency by the Department OBRE shall not be | 25 |
| required. In cases
regarding the renewal
of a license, the |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| Department OBRE shall not renew any license if the Department | 2 |
| of Healthcare and Family Services (formerly Department of | 3 |
| Public Aid)
has certified the licensee
to be more than 30 days | 4 |
| delinquent in the payment of child support, unless the
licensee | 5 |
| has arranged for
payment of past and current child support | 6 |
| obligations in a manner satisfactory
to the Department of | 7 |
| Healthcare and Family Services (formerly Department of
Public | 8 |
| Aid). The Department OBRE may impose conditions, restrictions, | 9 |
| or disciplinary action
upon that renewal.
| 10 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 11 |
| (225 ILCS 458/15-55)
| 12 |
| (Section scheduled to be repealed on January 1, 2012)
| 13 |
| Sec. 15-55. Checks or orders to Department dishonored | 14 |
| because of insufficient funds Returned checks; penalty; | 15 |
| termination . Any A person who
delivers a check or other
payment | 16 |
| to the Department
OBRE that is returned to
the Department OBRE | 17 |
| unpaid by the financial institution
upon which it was drawn
| 18 |
| shall pay to the Department
OBRE , in addition to the amount | 19 |
| already owed to the Department , a fine penalty of
$50. The | 20 |
| fines imposed by this Section are in addition to any other | 21 |
| discipline provided under this Act for unlicensed practice or | 22 |
| practice on a non-renewed license. The Department shall notify | 23 |
| the applicant or licensee that payment of fees and fines shall | 24 |
| be paid to the Department by certified check or money order | 25 |
| within 30 calendar days after the notification.
OBRE shall |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| notify the
person, by certified mail return receipt requested, | 2 |
| that his or her check or
payment was returned and that
the | 3 |
| person shall pay to
OBRE by certified check or money order the | 4 |
| amount of
the returned check plus
a $50 penalty within 30 | 5 |
| calendar days after the date of the notification.
If, after the | 6 |
| expiration of 30
calendar days of the notification, the person | 7 |
| has failed to remit the necessary
funds and penalty,
OBRE
shall | 8 |
| automatically terminate the license or deny the application | 9 |
| without
hearing. If the returned check
or other payment was for | 10 |
| issuance of a license under this Act and that person
practices | 11 |
| as an appraiser,
that person may be subject to discipline for | 12 |
| unlicensed practice as provided in
this Act. If, after
the | 13 |
| expiration of 30 days from the date of the notification | 14 |
| termination or denial , the person has failed to submit the | 15 |
| necessary remittance, the Department shall automatically | 16 |
| terminate the license or deny the application, without hearing. | 17 |
| If, after termination or denial, the person seeks a license, he | 18 |
| or she must apply to the Department for restoration or issuance | 19 |
| of the license and pay all fees and fines due to the | 20 |
| Department. The Department may establish a fee for the | 21 |
| processing of an application for restoration of a license to | 22 |
| pay all of the expenses of processing the application seeks a | 23 |
| license, he or she shall petition
OBRE
for restoration and he | 24 |
| or she
may be subject to additional discipline or fines . The | 25 |
| Secretary
Commissioner may waive
the fines penalties or fines | 26 |
| due
under this Section in individual cases where the Secretary
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| Commissioner finds that the
penalties or fines would be
| 2 |
| unreasonable or unnecessarily burdensome.
| 3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 4 |
| (225 ILCS 458/15-60)
| 5 |
| (Section scheduled to be repealed on January 1, 2012)
| 6 |
| Sec. 15-60. Cease and desist orders. The Department
OBRE
| 7 |
| may issue cease
and desist orders to persons who engage in | 8 |
| activities prohibited
by this Act. Any person in violation of a | 9 |
| cease and desist order
issued by the Department
OBRE is subject | 10 |
| to all of the penalties provided by law.
| 11 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 12 |
| (225 ILCS 458/20-5)
| 13 |
| (Section scheduled to be repealed on January 1, 2012)
| 14 |
| Sec. 20-5. Education providers.
| 15 |
| (a) Beginning July 1, 2002, only education providers | 16 |
| licensed by the Department
OBRE may
provide the pre-license and | 17 |
| continuing education courses required for licensure
under this | 18 |
| Act.
| 19 |
| (b) A person or entity seeking to be licensed as an | 20 |
| education
provider under this Act
shall provide satisfactory | 21 |
| evidence of the following:
| 22 |
| (1) a sound financial base for establishing, | 23 |
| promoting, and delivering the
necessary
courses;
| 24 |
| (2) a sufficient number of qualified instructors;
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (3) adequate support personnel to assist with | 2 |
| administrative matters and
technical
assistance;
| 3 |
| (4) a written policy dealing with procedures for | 4 |
| management of grievances
and fee refunds;
| 5 |
| (5) a qualified administrator, who is responsible for | 6 |
| the
administration of the
education provider, courses, and | 7 |
| the actions of the instructors; and
| 8 |
| (6) any other requirements as provided by rule.
| 9 |
| (c) All applicants for an education provider's license | 10 |
| shall make initial
application to the Department
OBRE on forms | 11 |
| provided by the Department
OBRE and pay the appropriate fee as
| 12 |
| provided by rule. The term, expiration date, and renewal of an | 13 |
| education
provider's license shall be established by rule.
| 14 |
| (d) An education provider shall provide each successful | 15 |
| course participant
with a certificate of
completion signed by | 16 |
| the school administrator. The format and content of the
| 17 |
| certificate shall be specified by rule.
| 18 |
| (e) All education providers shall provide to the Department
| 19 |
| OBRE a monthly roster of all
successful course
participants as | 20 |
| provided by rule.
| 21 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 22 |
| (225 ILCS 458/20-10)
| 23 |
| (Section scheduled to be repealed on January 1, 2012)
| 24 |
| Sec. 20-10. Course approval.
| 25 |
| (a) Only courses offered by licensed education providers |
|
|
|
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| 1 |
| and approved
by the Department, courses approved by the AQB, or | 2 |
| courses approved by jurisdictions regulated by the Appraisal | 3 |
| Subcommittee
OBRE shall be used to meet the requirements of | 4 |
| this Act and rules.
| 5 |
| (b) An education provider licensed under this Act may | 6 |
| submit courses to the Department
OBRE
for approval.
The | 7 |
| criteria, requirements, and fees for courses shall be | 8 |
| established
by rule in accordance with
this Act, Title XI, and | 9 |
| the criteria established by the AQB.
| 10 |
| (c) For each course approved, the Department
OBRE shall | 11 |
| issue a license to the education
provider. The term, expiration | 12 |
| date, and renewal of a course approval shall
be
established by | 13 |
| rule.
| 14 |
| (d) An education provider must use an instructor for each | 15 |
| course approved by the Department who (i) holds a valid real | 16 |
| estate appraisal license in good standing as a State certified | 17 |
| general real estate appraiser or a State certified residential | 18 |
| real estate appraiser in Illinois or any other jurisdiction | 19 |
| regulated by the Appraisal Subcommittee, (ii) holds a valid | 20 |
| teaching certificate issued by the State of Illinois, (iii) is | 21 |
| a faculty member in good standing with an accredited college or | 22 |
| university or community college, or (iv) is an approved | 23 |
| appraisal instructor from an appraisal organization that is a | 24 |
| member of the Appraisal Foundation. | 25 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
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|
| 1 |
| (225 ILCS 458/25-5)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 25-5. Appraisal Administration Fund; surcharge. The | 4 |
| Appraisal
Administration Fund is created as a special fund in | 5 |
| the State Treasury. All
fees, fines, and penalties received by | 6 |
| the Department
OBRE
under this Act shall be deposited into the | 7 |
| Appraisal Administration Fund.
All earnings attributable to | 8 |
| investment of funds in the Appraisal
Administration Fund shall | 9 |
| be credited to the Appraisal Administration
Fund. Subject to | 10 |
| appropriation, the
moneys in the Appraisal Administration Fund | 11 |
| shall be paid
to the Department
OBRE for the expenses incurred | 12 |
| by the Department
OBRE and the Board in the administration of | 13 |
| this Act. Moneys in the Appraisal Administration Fund may be | 14 |
| transferred to the Professions Indirect Cost Fund as authorized | 15 |
| under Section 2105-300 of the Department of Professional | 16 |
| Regulation Law of the Civil Administrative Code of Illinois.
| 17 |
| Upon the completion of any audit of the Department
OBRE , as | 18 |
| prescribed by the Illinois State
Auditing Act, which shall | 19 |
| include an audit of the Appraisal Administration
Fund, the | 20 |
| Department
OBRE
shall make the audit report open to inspection | 21 |
| by any interested person.
| 22 |
| (Source: P.A. 94-91, eff. 7-1-05.)
| 23 |
| (225 ILCS 458/25-10)
| 24 |
| (Section scheduled to be repealed on January 1, 2012)
| 25 |
| Sec. 25-10. Real Estate Appraisal Administration and |
|
|
|
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|
| 1 |
| Disciplinary Board; appointment.
| 2 |
| (a) There is hereby created the Real Estate Appraisal | 3 |
| Administration and Disciplinary Board. The Board
shall be | 4 |
| composed of 10 persons appointed by the Governor, plus the | 5 |
| Coordinator
Director of
the Real Estate Appraisal Division. | 6 |
| Members shall be appointed to the Board
subject to the | 7 |
| following conditions:
| 8 |
| (1) All appointed members shall have been residents and | 9 |
| citizens of this
State for
at least 5 years prior
to the | 10 |
| date of appointment.
| 11 |
| (2) The appointed membership of the Board should | 12 |
| reasonably reflect the
geographic
distribution of the
| 13 |
| population of the State.
| 14 |
| (3) Four appointed members shall have been actively | 15 |
| engaged and currently
licensed as
State
certified general | 16 |
| real estate appraisers for a period of not less than 5
| 17 |
| years.
| 18 |
| (4)
Two appointed members shall have been actively | 19 |
| engaged and currently
licensed as
State
certified | 20 |
| residential real estate appraisers for a period of
not less | 21 |
| than 5 years.
| 22 |
| (5)
Two appointed members shall hold a valid license as | 23 |
| a
real estate
broker for at least 10 years prior to the | 24 |
| date of the appointment , one of whom
and shall hold a valid
| 25 |
| State certified general real estate appraiser license | 26 |
| issued under this Act or a predecessor Act for a period of |
|
|
|
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|
| 1 |
| at
least 5 years prior to the appointment and one of whom | 2 |
| shall hold a valid State certified residential real estate | 3 |
| appraiser license issued under this Act or a predecessor | 4 |
| Act for a period of at
least 5 years prior to the | 5 |
| appointment .
| 6 |
| (6) One appointed member shall be a representative of a | 7 |
| financial
institution, as evidenced by his or her | 8 |
| employment with a financial
institution.
| 9 |
| (7) One appointed member shall represent the interests | 10 |
| of the general
public. This member or his or her spouse | 11 |
| shall not be licensed under this Act
nor be employed by or | 12 |
| have any interest in an appraisal business, real estate
| 13 |
| brokerage business, or a financial institution.
| 14 |
| In making appointments as
provided in paragraphs (3) and | 15 |
| (4) of this subsection, the Governor shall
give due | 16 |
| consideration to recommendations by members and organizations
| 17 |
| representing the profession
real estate appraisal industry .
| 18 |
| In making the appointments as
provided in paragraph (5) of | 19 |
| this subsection, the Governor shall give
due consideration to | 20 |
| the recommendations by members and organizations
representing | 21 |
| the real estate industry.
| 22 |
| In making the appointment as provided
in paragraph (6) of | 23 |
| this subsection, the Governor
shall give due consideration to | 24 |
| the recommendations by members and
organizations representing | 25 |
| financial institutions.
| 26 |
| (b) The term for members of the Board shall be 4 years , and |
|
|
|
HB1015 Re-Enrolled |
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|
| 1 |
| each member shall serve until his or her successor is appointed | 2 |
| and qualified , except for the
initial appointees. Of the | 3 |
| initial appointments, 4 members shall
be appointed for terms | 4 |
| ending June 30, 2006, 3 members shall be appointed for
terms | 5 |
| ending June 30, 2005, and 3 members shall be appointed for | 6 |
| terms
ending June 30, 2004 . No member shall serve more than 10 | 7 |
| years in a lifetime.
Those persons serving on the Board | 8 |
| pursuant to the Real Estate Appraiser
Licensing Act shall | 9 |
| become members of the new Board on July 1, 2002 and
shall serve | 10 |
| until
the Governor has made the new appointments pursuant to | 11 |
| this Act.
| 12 |
| (c) The Governor may terminate the appointment of a member | 13 |
| for cause that,
in
the opinion of the Governor, reasonably | 14 |
| justifies the termination. Cause for
termination may include, | 15 |
| without limitation, misconduct, incapacity, neglect of
duty, | 16 |
| or missing 4 Board meetings during any one calendar year.
| 17 |
| (d) A majority of the Board members currently appointed | 18 |
| shall constitute a
quorum. A vacancy in the membership of the | 19 |
| Board shall not impair the right of
a quorum to exercise all of | 20 |
| the rights and perform all of the duties of the
Board.
| 21 |
| (e) The Board shall meet at least quarterly and may be | 22 |
| convened
by the Chairperson, Vice-Chairperson Co-Chairperson , | 23 |
| or 3 members of the Board upon 10 days
written notice.
| 24 |
| (f) The Board shall, annually at the first meeting of the | 25 |
| fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 26 |
| members. The Chairperson shall preside over the meetings and |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| shall coordinate
with the Coordinator
Director
in developing | 2 |
| and distributing an agenda for each meeting. In the absence of
| 3 |
| the Chairperson, the Vice-Chairperson Co-Chairperson shall | 4 |
| preside over the meeting.
| 5 |
| (g) The Coordinator
Director of the Real Estate Appraisal | 6 |
| Division shall serve as
a member of the Board without vote.
| 7 |
| (h) The Board shall advise and make recommendations to
the | 8 |
| Department
OBRE on the education and experience qualifications | 9 |
| of any applicant for initial licensure as a State certified | 10 |
| general real estate appraiser or a State certified residential | 11 |
| real estate appraiser. The Department shall not make any | 12 |
| decisions concerning education or experience qualifications of | 13 |
| an applicant for initial licensure as a State certified general | 14 |
| real estate appraiser or a State certified residential real | 15 |
| estate appraiser without having first received the advice and | 16 |
| recommendation of the Board and
matters of
licensing and | 17 |
| education.
OBRE shall give due consideration to all
such advice | 18 |
| and recommendations ; however, if the Board does not render | 19 |
| advice or make a recommendation within a reasonable amount of | 20 |
| time, then the Department may render a decision
presented by | 21 |
| the Board .
| 22 |
| (i) Except as provided in Section 15-17 of this Act, the
| 23 |
| The Board shall hear and make recommendations to the
Secretary
| 24 |
| Commissioner on
disciplinary matters
that require a formal | 25 |
| evidentiary hearing. The Secretary
Commissioner shall give due
| 26 |
| consideration to the
recommendations of the Board involving |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| discipline and questions involving
standards of professional
| 2 |
| conduct of licensees.
| 3 |
| (j) The Department shall seek and the Board shall provide
| 4 |
| may make recommendations to the Department
OBRE consistent with | 5 |
| the
provisions
of this Act and for the administration and | 6 |
| enforcement of all
the rules adopted
pursuant to this Act. The | 7 |
| Department
OBRE
shall give due consideration to
such
the | 8 |
| recommendations of the Board
prior to adopting rules.
| 9 |
| (k) The Department shall seek and the Board shall provide
| 10 |
| make recommendations to the Department
OBRE on the approval of | 11 |
| all courses
submitted to the Department
OBRE
pursuant to this | 12 |
| Act and the rules adopted pursuant to this Act. The Department | 13 |
| shall not approve any courses without having first received the | 14 |
| recommendation of the Board and
OBRE shall
give due | 15 |
| consideration to such
the
recommendations of the Board
prior to | 16 |
| approving and licensing courses ; however, if the Board does not | 17 |
| make a recommendation within a reasonable amount of time, then | 18 |
| the Department may approve courses .
| 19 |
| (l) Each voting member of the Board shall receive a per | 20 |
| diem stipend in an
amount
to be determined by the Secretary
| 21 |
| Commissioner . Each member shall be paid his or her necessary | 22 |
| expenses while
engaged in the
performance of his or her duties.
| 23 |
| (m) Members of the Board shall be immune from suit in an | 24 |
| action based upon
any disciplinary
proceedings or other acts | 25 |
| performed in good faith as members of the Board.
| 26 |
| (n) If the Department disagrees with any advice or |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| recommendation provided by the Board under this Section to the | 2 |
| Secretary or the Department, then notice of such disagreement | 3 |
| must be provided to the Board by the Department.
| 4 |
| (o) Upon resolution adopted at any Board meeting, the | 5 |
| exercise of any Board function, power, or duty enumerated in | 6 |
| this Section or in subsection (d) of Section 15-10 of this Act | 7 |
| may be suspended. The exercise of any suspended function, | 8 |
| power, or duty of the Board may be reinstated by a resolution | 9 |
| adopted at a subsequent Board meeting. Any resolution adopted | 10 |
| pursuant to this Section shall take effect immediately.
| 11 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 12 |
| (225 ILCS 458/25-15)
| 13 |
| (Section scheduled to be repealed on January 1, 2012)
| 14 |
| Sec. 25-15. Coordinator
Director of the Real Estate | 15 |
| Appraisal Division ; appointment;
duties. The Secretary shall | 16 |
| appoint, subject to the Personnel Code, a Coordinator of Real | 17 |
| Estate Appraisal. In appointing the Coordinator, the Secretary | 18 |
| shall give due consideration to recommendations made by | 19 |
| members, organizations, and associations of the real estate | 20 |
| appraisal industry. On or after January 1, 2010, the | 21 |
| Coordinator must hold a current, valid State certified general | 22 |
| real estate appraiser license or a State certified residential | 23 |
| real estate appraiser license, which shall be surrendered to | 24 |
| the Department during the term of his or her appointment. The | 25 |
| Coordinator must take the 30-hour National Instructors Course |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| on Uniform Standards of Professional Appraisal Practice. The | 2 |
| Coordinator's license shall be returned in the same status as | 3 |
| it was on the date of surrender, credited with all fees that | 4 |
| came due during his or her employment.
Commissioner shall | 5 |
| appoint a Director of the Real Estate Appraisal Division for
a | 6 |
| term of 4 years. The
Director shall hold a valid
State
| 7 |
| certified general real estate appraiser or
State
certified | 8 |
| residential
real estate appraiser license, which shall be | 9 |
| surrendered to OBRE during the
term of his or her
appointment.
| 10 |
| The Coordinator
Director of the Real Estate Appraisal Division
| 11 |
| shall:
| 12 |
| (1) serve as a member of the Real Estate Appraisal | 13 |
| Administration and Disciplinary Board without vote;
| 14 |
| (2) be the direct liaison between the Department
OBRE , | 15 |
| the profession, and the real
estate appraisal industry
| 16 |
| organizations and associations;
| 17 |
| (3) prepare and circulate to licensees such | 18 |
| educational and informational
material as the Department
| 19 |
| OBRE deems necessary for providing guidance or assistance | 20 |
| to licensees;
| 21 |
| (4) appoint necessary committees to assist in the | 22 |
| performance of the
functions and duties
of the Department
| 23 |
| OBRE under this Act; and
| 24 |
| (5) (blank).
subject to the administrative approval of | 25 |
| the Commissioner, supervise
the Real Estate
Appraisal | 26 |
| Division.
|
|
|
|
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LRB096 04384 ASK 14754 b |
|
| 1 |
| In appointing the Director of the Real Estate Appraisal | 2 |
| Division, the
Commissioner shall give due
consideration to | 3 |
| members, organizations, and associations of the real estate
| 4 |
| appraisal industry.
| 5 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 6 |
| (225 ILCS 458/25-20)
| 7 |
| (Section scheduled to be repealed on January 1, 2012)
| 8 |
| Sec. 25-20. Department
OBRE ; powers and duties. The | 9 |
| Department of Financial and Professional Regulation
Office of | 10 |
| Banks and Real Estate
shall exercise the powers and duties | 11 |
| prescribed by the Civil Administrative
Code of Illinois for the | 12 |
| administration of licensing Acts and shall exercise
such other | 13 |
| powers and duties as are prescribed by this Act for the
| 14 |
| administration of this Act. The Department
OBRE may contract | 15 |
| with third parties for services
necessary for the proper
| 16 |
| administration of this Act, including without limitation, | 17 |
| investigators with
the proper knowledge, training,
and skills | 18 |
| to properly investigate complaints against real estate | 19 |
| appraisers.
| 20 |
| The Department
OBRE shall maintain and update a registry of | 21 |
| the names and addresses of
all licensees and a listing of | 22 |
| disciplinary orders issued pursuant to this Act
and shall | 23 |
| transmit the registry, along with any national registry fees | 24 |
| that may
be required, to the entity specified by, and in a | 25 |
| manner consistent with, Title
XI of the federal Financial |
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| Institutions Reform, Recovery and Enforcement Act
of 1989.
| 2 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 3 |
| (225 ILCS 458/25-25)
| 4 |
| (Section scheduled to be repealed on January 1, 2012)
| 5 |
| Sec. 25-25. Rules. The Department
OBRE , after considering | 6 |
| any recommendations of the
Board, shall adopt rules that may be | 7 |
| necessary for
administration, implementation, and enforcement | 8 |
| of the Act.
| 9 |
| (Source: P.A. 92-180, eff. 7-1-02.)
| 10 |
| (225 ILCS 458/30-10)
| 11 |
| (Section scheduled to be repealed on January 1, 2012)
| 12 |
| Sec. 30-10. Appraisal Administration Fund.
| 13 |
| (a) The Appraisal Administrative Fund, created under the | 14 |
| Real Estate License
Act of 1983 and continued under Section 40 | 15 |
| of the Real Estate Appraiser
Licensing Act, is continued under | 16 |
| this Act. All fees collected under this Act
shall be deposited | 17 |
| into the Appraisal Administration Fund, created in the State
| 18 |
| Treasury under the Real Estate License Act of 1983.
| 19 |
| (b) Appropriations
to the Department
OBRE from the | 20 |
| Appraisal Administration Fund for the purpose of
administering | 21 |
| the Real Estate Appraiser Licensing Act
may be used by the | 22 |
| Department
OBRE for the purpose of administering and enforcing | 23 |
| the
provisions of this Act.
| 24 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| (225 ILCS 458/10-15 rep.)
| 2 |
| Section 10. The Real Estate Appraiser Licensing Act of 2002 | 3 |
| is amended by repealing Section 10-15.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 458/1-10 |
|
| 4 |
| 225 ILCS 458/5-5 |
|
| 5 |
| 225 ILCS 458/5-10 |
|
| 6 |
| 225 ILCS 458/5-15 |
|
| 7 |
| 225 ILCS 458/5-20 |
|
| 8 |
| 225 ILCS 458/5-20.5 new |
|
| 9 |
| 225 ILCS 458/5-21 new |
|
| 10 |
| 225 ILCS 458/5-25 |
|
| 11 |
| 225 ILCS 458/5-30 |
|
| 12 |
| 225 ILCS 458/5-35 |
|
| 13 |
| 225 ILCS 458/5-40 |
|
| 14 |
| 225 ILCS 458/5-45 |
|
| 15 |
| 225 ILCS 458/5-55 |
|
| 16 |
| 225 ILCS 458/10-5 |
|
| 17 |
| 225 ILCS 458/10-10 |
|
| 18 |
| 225 ILCS 458/10-20 |
|
| 19 |
| 225 ILCS 458/15-5 |
|
| 20 |
| 225 ILCS 458/15-10 |
|
| 21 |
| 225 ILCS 458/15-15 |
|
| 22 |
| 225 ILCS 458/15-17 new |
|
| 23 |
| 225 ILCS 458/15-18 new |
|
| 24 |
| 225 ILCS 458/15-20 |
|
| 25 |
| 225 ILCS 458/15-30 |
|
|
|
|
|
HB1015 Re-Enrolled |
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LRB096 04384 ASK 14754 b |
|
| 1 |
| 225 ILCS 458/15-35 |
|
| 2 |
| 225 ILCS 458/15-40 |
|
| 3 |
| 225 ILCS 458/15-45 |
|
| 4 |
| 225 ILCS 458/15-50 |
|
| 5 |
| 225 ILCS 458/15-55 |
|
| 6 |
| 225 ILCS 458/15-60 |
|
| 7 |
| 225 ILCS 458/20-5 |
|
| 8 |
| 225 ILCS 458/20-10 |
|
| 9 |
| 225 ILCS 458/25-5 |
|
| 10 |
| 225 ILCS 458/25-10 |
|
| 11 |
| 225 ILCS 458/25-15 |
|
| 12 |
| 225 ILCS 458/25-20 |
|
| 13 |
| 225 ILCS 458/25-25 |
|
| 14 |
| 225 ILCS 458/30-10 |
|
| 15 |
| 225 ILCS 458/10-15 rep. |
|
|
|
|