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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1020 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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| 225 ILCS 454/10-45 | | 225 ILCS 454/20-20 | | 225 ILCS 458/10-25 new | | 225 ILCS 458/15-10 | |
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Amends the Real Estate License Act of 2000 and the Real Estate Appraiser Licensing Act of 2002. Provides that a real estate broker, or managing broker, and appraiser shall not discriminate when preparing a broker price opinion or comparative market analysis for residential real estate. Provides that a real estate broker, or managing broker, and appraiser engages in discrimination when the individual considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Provides for a private right of action in the circuit court and a civil action initiated by the Illinois Attorney General. Makes corresponding changes.
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| | A BILL FOR |
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| | HB1020 | | LRB103 04710 AMQ 49719 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Real Estate License Act of 2000 is amended |
| 5 | | by changing Sections 10-45 and 20-20 as follows:
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| 6 | | (225 ILCS 454/10-45) |
| 7 | | (Section scheduled to be repealed on January 1, 2030) |
| 8 | | Sec. 10-45. Broker price opinions and comparative market |
| 9 | | analyses. |
| 10 | | (a) A broker price opinion or comparative market analysis |
| 11 | | may be prepared or provided by a real estate broker or managing |
| 12 | | broker for any of the following: |
| 13 | | (1) an existing or potential buyer or seller of an |
| 14 | | interest in real estate; |
| 15 | | (2) an existing or potential lessor or lessee of an |
| 16 | | interest in real estate; |
| 17 | | (3) a third party making decisions or performing due |
| 18 | | diligence related to the potential listing, offering, |
| 19 | | sale, option, lease, or acquisition price of an interest |
| 20 | | in real estate; or |
| 21 | | (4) an existing or potential lienholder or other third |
| 22 | | party for any purpose other than as the primary basis to |
| 23 | | determine the market value of an interest in real estate |
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| 1 | | for the purpose of a mortgage loan origination by a |
| 2 | | financial institution secured by such real estate. |
| 3 | | (b) A broker price opinion or comparative market analysis |
| 4 | | shall be in writing either on paper or electronically and |
| 5 | | shall include the following provisions: |
| 6 | | (1) a statement of the intended purpose of the broker |
| 7 | | price opinion or comparative market analysis; |
| 8 | | (2) a brief description of the interest in real estate |
| 9 | | that is the subject of the broker price opinion or |
| 10 | | comparative market analysis; |
| 11 | | (3) a brief description of the methodology used to |
| 12 | | develop the broker price opinion or comparative market |
| 13 | | analysis; |
| 14 | | (4) any assumptions or limiting conditions; |
| 15 | | (5) a disclosure of any existing or contemplated |
| 16 | | interest of the broker or managing broker in the interest |
| 17 | | in real estate that is the subject of the broker price |
| 18 | | opinion or comparative market analysis; |
| 19 | | (6) the name, license number, and signature of the |
| 20 | | broker or managing broker that developed the broker price |
| 21 | | opinion or comparative market analysis; |
| 22 | | (7) a statement in substantially the following form: |
| 23 | | "This is a broker price opinion/comparative market |
| 24 | | analysis, not an appraisal of the market value of the real |
| 25 | | estate, and was prepared by a licensed real estate broker |
| 26 | | or managing broker who was not acting as a State certified |
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| 1 | | real estate appraiser."; and |
| 2 | | (8) such other items as the broker or managing broker |
| 3 | | may deem appropriate.
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| 4 | | (c) A real estate broker or managing broker shall not |
| 5 | | discriminate when preparing a broker price opinion or |
| 6 | | comparative market analysis for residential real estate. For |
| 7 | | the purposes of this Section, a real estate broker or managing |
| 8 | | broker discriminates when the broker considers the actual or |
| 9 | | perceived race, color,
religion, or national origin of the |
| 10 | | owner of the real estate or the residents of the geographic |
| 11 | | area in which the real estate is located when determining the |
| 12 | | market value of the real estate. In addition to the |
| 13 | | disciplinary procedures set forth in Section 20-20, an |
| 14 | | aggrieved party may commence a civil action alleging |
| 15 | | discrimination in an appropriate circuit court not later than |
| 16 | | 2 years after the occurrence that constitutes discrimination |
| 17 | | under this subsection. Such a civil action shall be subject to |
| 18 | | the same procedures, rights, and remedies as a civil action |
| 19 | | alleging a civil rights violation under Section 10-102 of the |
| 20 | | Illinois Human Rights Act. A circuit court action may also be |
| 21 | | initiated by the Illinois Attorney General whenever the |
| 22 | | Illinois Attorney General has
reasonable cause to believe that |
| 23 | | a real estate broker or managing broker is engaged in a pattern |
| 24 | | and practice of discrimination prohibited by this subsection. |
| 25 | | Such a civil action shall be subject to the same procedures, |
| 26 | | rights, and remedies as a civil action alleging a civil rights |
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| 1 | | violation under Section 10-104 of the Illinois Human Rights |
| 2 | | Act. |
| 3 | | (Source: P.A. 101-71, eff. 7-12-19.)
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| 4 | | (225 ILCS 454/20-20)
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| 5 | | (Section scheduled to be repealed on January 1, 2030)
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| 6 | | Sec. 20-20. Nature of and grounds for discipline. |
| 7 | | (a) The Department may refuse to issue or renew a license, |
| 8 | | may place on probation, suspend,
or
revoke any
license, |
| 9 | | reprimand, or take any other disciplinary or non-disciplinary |
| 10 | | action as the Department may deem proper and impose a
fine not |
| 11 | | to exceed
$25,000 upon any licensee or applicant under this |
| 12 | | Act or any person who holds oneself out as an applicant or |
| 13 | | licensee or against a licensee in handling one's own property, |
| 14 | | whether held by deed, option, or otherwise, for any one or any |
| 15 | | combination of the
following causes:
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| 16 | | (1) Fraud or misrepresentation in applying for, or |
| 17 | | procuring, a license under this Act or in connection with |
| 18 | | applying for renewal of a license under this Act.
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| 19 | | (2) The licensee's conviction of or plea of guilty or |
| 20 | | plea of nolo contendere, as set forth in subsection (e) of |
| 21 | | Section 5-25, to: (A) a felony or misdemeanor in this |
| 22 | | State or any other jurisdiction; (B) the entry of an |
| 23 | | administrative sanction by a government agency in this |
| 24 | | State or any other jurisdiction; or (C) any crime that |
| 25 | | subjects the licensee to compliance with the requirements |
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| 1 | | of the Sex Offender Registration Act.
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| 2 | | (3) Inability to practice the profession with |
| 3 | | reasonable judgment, skill, or safety as a result of a |
| 4 | | physical illness, mental illness, or disability.
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| 5 | | (4) Practice under this Act as a licensee in a retail |
| 6 | | sales establishment from an office, desk, or space that
is |
| 7 | | not
separated from the main retail business and located |
| 8 | | within a separate and distinct area within
the
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| 9 | | establishment.
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| 10 | | (5) Having been disciplined by another state, the |
| 11 | | District of Columbia, a territory, a foreign nation, or a |
| 12 | | governmental agency authorized to impose discipline if at |
| 13 | | least one of the grounds for that discipline is the same as |
| 14 | | or
the
equivalent of one of the grounds for which a |
| 15 | | licensee may be disciplined under this Act. A certified |
| 16 | | copy of the record of the action by the other state or |
| 17 | | jurisdiction shall be prima facie evidence thereof.
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| 18 | | (6) Engaging in the practice of real estate brokerage
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| 19 | | without a
license or after the licensee's license or |
| 20 | | temporary permit was expired or while the license was |
| 21 | | inactive, revoked, or suspended.
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| 22 | | (7) Cheating on or attempting to subvert the Real
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| 23 | | Estate License Exam or a continuing education course or |
| 24 | | examination. |
| 25 | | (8) Aiding or abetting an applicant
to
subvert or |
| 26 | | cheat on the Real Estate License Exam or continuing |
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| 1 | | education exam
administered pursuant to this Act.
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| 2 | | (9) Advertising that is inaccurate, misleading, or |
| 3 | | contrary to the provisions of the Act.
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| 4 | | (10) Making any substantial misrepresentation or |
| 5 | | untruthful advertising.
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| 6 | | (11) Making any false promises of a character likely |
| 7 | | to influence,
persuade,
or induce.
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| 8 | | (12) Pursuing a continued and flagrant course of |
| 9 | | misrepresentation or the
making
of false promises through |
| 10 | | licensees, employees, agents, advertising, or
otherwise.
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| 11 | | (13) Any misleading or untruthful advertising, or |
| 12 | | using any trade name or
insignia of membership in any real |
| 13 | | estate organization of which the licensee is
not a member.
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| 14 | | (14) Acting for more than one party in a transaction |
| 15 | | without providing
written
notice to all parties for whom |
| 16 | | the licensee acts.
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| 17 | | (15) Representing or attempting to represent, or |
| 18 | | performing licensed activities for, a broker other than |
| 19 | | the
sponsoring broker.
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| 20 | | (16) Failure to account for or to remit any moneys or |
| 21 | | documents coming into the licensee's
possession that |
| 22 | | belong to others.
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| 23 | | (17) Failure to maintain and deposit in a special |
| 24 | | account, separate and
apart from
personal and other |
| 25 | | business accounts, all escrow moneys belonging to others
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| 26 | | entrusted to a licensee
while acting as a broker, escrow |
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| 1 | | agent, or temporary custodian of
the funds of others or
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| 2 | | failure to maintain all escrow moneys on deposit in the |
| 3 | | account until the
transactions are
consummated or |
| 4 | | terminated, except to the extent that the moneys, or any |
| 5 | | part
thereof, shall be: |
| 6 | | (A)
disbursed prior to the consummation or |
| 7 | | termination (i) in accordance with
the
written |
| 8 | | direction of
the principals to the transaction or |
| 9 | | their duly authorized agents, (ii) in accordance with
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| 10 | | directions providing for the
release, payment, or |
| 11 | | distribution of escrow moneys contained in any written
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| 12 | | contract signed by the
principals to the transaction |
| 13 | | or their duly authorized agents,
or (iii)
pursuant to |
| 14 | | an order of a court of competent
jurisdiction; or |
| 15 | | (B) deemed abandoned and transferred to the Office |
| 16 | | of the State Treasurer to be handled as unclaimed |
| 17 | | property pursuant to the Revised Uniform Unclaimed |
| 18 | | Property Act. Escrow moneys may be deemed abandoned |
| 19 | | under this subparagraph (B) only: (i) in the absence |
| 20 | | of disbursement under subparagraph (A); (ii) in the |
| 21 | | absence of notice of the filing of any claim in a court |
| 22 | | of competent jurisdiction; and (iii) if 6 months have |
| 23 | | elapsed after the receipt of a written demand for the |
| 24 | | escrow moneys from one of the principals to the |
| 25 | | transaction or the principal's duly authorized agent.
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| 26 | | The account
shall be noninterest
bearing, unless the |
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| 1 | | character of the deposit is such that payment of interest
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| 2 | | thereon is otherwise
required by law or unless the |
| 3 | | principals to the transaction specifically
require, in |
| 4 | | writing, that the
deposit be placed in an interest-bearing |
| 5 | | account.
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| 6 | | (18) Failure to make available to the Department all |
| 7 | | escrow records and related documents
maintained in |
| 8 | | connection
with the practice of real estate within 24 |
| 9 | | hours of a request for those
documents by Department |
| 10 | | personnel.
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| 11 | | (19) Failing to furnish copies upon request of |
| 12 | | documents relating to a
real
estate transaction to a party |
| 13 | | who has executed that document.
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| 14 | | (20) Failure of a sponsoring broker or licensee to |
| 15 | | timely provide sponsorship or termination of sponsorship |
| 16 | | information to the Department.
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| 17 | | (21) Engaging in dishonorable, unethical, or |
| 18 | | unprofessional conduct of a
character
likely to deceive, |
| 19 | | defraud, or harm the public, including, but not limited |
| 20 | | to, conduct set forth in rules adopted by the Department.
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| 21 | | (22) Commingling the money or property of others with |
| 22 | | the licensee's own money or property.
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| 23 | | (23) Employing any person on a purely temporary or |
| 24 | | single deal basis as a
means
of evading the law regarding |
| 25 | | payment of commission to nonlicensees on some
contemplated
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| 26 | | transactions.
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| 1 | | (24) Permitting the use of one's license as a broker |
| 2 | | to enable a residential
leasing agent or
unlicensed person |
| 3 | | to operate a real estate business without actual
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| 4 | | participation therein and control
thereof by the broker.
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| 5 | | (25) Any other conduct, whether of the same or a |
| 6 | | different character from
that
specified in this Section, |
| 7 | | that constitutes dishonest dealing.
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| 8 | | (26) Displaying a "for rent" or "for sale" sign on any |
| 9 | | property without
the written
consent of an owner or the |
| 10 | | owner's duly authorized agent or advertising by any
means |
| 11 | | that any property is
for sale or for rent without the |
| 12 | | written consent of the owner or the owner's
authorized |
| 13 | | agent.
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| 14 | | (27) Failing to provide information requested by the |
| 15 | | Department, or otherwise respond to that request, within |
| 16 | | 30 days of
the
request.
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| 17 | | (28) Advertising by means of a blind advertisement, |
| 18 | | except as otherwise
permitted in Section 10-30 of this |
| 19 | | Act.
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| 20 | | (29) A licensee under this Act or an unlicensed |
| 21 | | individual offering guaranteed sales plans, as defined in |
| 22 | | Section 10-50, except to
the extent set forth in Section |
| 23 | | 10-50.
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| 24 | | (30) Influencing or attempting to influence, by any |
| 25 | | words or acts, a
prospective
seller, purchaser, occupant, |
| 26 | | landlord, or tenant of real estate, in connection
with |
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| 1 | | viewing, buying, or
leasing real estate, so as to promote |
| 2 | | or tend to promote the continuance
or maintenance of
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| 3 | | racially and religiously segregated housing or so as to |
| 4 | | retard, obstruct, or
discourage racially
integrated |
| 5 | | housing on or in any street, block, neighborhood, or |
| 6 | | community.
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| 7 | | (31) Engaging in any act that constitutes a violation |
| 8 | | of any provision of
Article 3 of the Illinois Human Rights |
| 9 | | Act, whether or not a complaint has
been filed with or
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| 10 | | adjudicated by the Human Rights Commission.
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| 11 | | (32) Inducing any party to a contract of sale or lease |
| 12 | | or brokerage
agreement to
break the contract of sale or |
| 13 | | lease or brokerage agreement for the purpose of
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| 14 | | substituting, in lieu
thereof, a new contract for sale or |
| 15 | | lease or brokerage agreement with a third
party.
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| 16 | | (33) Negotiating a sale, exchange, or lease of real |
| 17 | | estate directly with
any person
if the licensee knows that |
| 18 | | the person has an exclusive brokerage
agreement with |
| 19 | | another
broker, unless specifically authorized by that |
| 20 | | broker.
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| 21 | | (34) When a licensee is also an attorney, acting as |
| 22 | | the attorney for
either the
buyer or the seller in the same |
| 23 | | transaction in which the licensee is acting or
has acted |
| 24 | | as a managing broker
or broker.
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| 25 | | (35) Advertising or offering merchandise or services |
| 26 | | as free if any
conditions or
obligations necessary for |
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| 1 | | receiving the merchandise or services are not
disclosed in |
| 2 | | the same
advertisement or offer. These conditions or |
| 3 | | obligations include without
limitation the
requirement |
| 4 | | that the recipient attend a promotional activity or visit |
| 5 | | a real
estate site. As used in this
subdivision (35), |
| 6 | | "free" includes terms such as "award", "prize", "no |
| 7 | | charge",
"free of charge",
"without charge", and similar |
| 8 | | words or phrases that reasonably lead a person to
believe |
| 9 | | that one
may receive or has been selected to receive |
| 10 | | something of value, without any
conditions or
obligations |
| 11 | | on the part of the recipient.
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| 12 | | (36) (Blank).
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| 13 | | (37) Violating the terms of a disciplinary order
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| 14 | | issued by the Department.
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| 15 | | (38) Paying or failing to disclose compensation in |
| 16 | | violation of Article 10 of this Act.
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| 17 | | (39) Requiring a party to a transaction who is not a |
| 18 | | client of the
licensee
to allow the licensee to retain a |
| 19 | | portion of the escrow moneys for payment of
the licensee's |
| 20 | | commission or expenses as a condition for release of the |
| 21 | | escrow
moneys to that party.
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| 22 | | (40) Disregarding or violating any provision of this |
| 23 | | Act or the published
rules adopted
by the Department to |
| 24 | | enforce this Act or aiding or abetting any individual, |
| 25 | | foreign or domestic
partnership, registered limited |
| 26 | | liability partnership, limited liability
company, |
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| 1 | | corporation, or other business entity in
disregarding any |
| 2 | | provision of this Act or the published rules adopted by |
| 3 | | the Department
to enforce this Act.
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| 4 | | (41) Failing to provide the minimum services required |
| 5 | | by Section 15-75 of this Act when acting under an |
| 6 | | exclusive brokerage agreement.
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| 7 | | (42) Habitual or excessive use of or addiction to |
| 8 | | alcohol, narcotics, stimulants, or any other chemical |
| 9 | | agent or drug that results in a managing broker, broker, |
| 10 | | or residential leasing agent's inability to practice with |
| 11 | | reasonable skill or safety. |
| 12 | | (43) Enabling, aiding, or abetting an auctioneer, as |
| 13 | | defined in the Auction License Act, to conduct a real |
| 14 | | estate auction in a manner that is in violation of this |
| 15 | | Act. |
| 16 | | (44) Permitting any residential leasing agent or |
| 17 | | temporary residential leasing agent permit holder to |
| 18 | | engage in activities that require a broker's or managing |
| 19 | | broker's license. |
| 20 | | (45) Failing to notify the Department, within 30 days |
| 21 | | after the occurrence, of the information required in |
| 22 | | subsection (e) of Section 5-25. |
| 23 | | (46) A designated managing broker's failure to provide |
| 24 | | an appropriate written company policy or failure to |
| 25 | | perform any of the duties set forth in Section 10-55. |
| 26 | | (47) Engaging in discrimination as provided in |
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| 1 | | subsection (b) of Section 10-45. |
| 2 | | (b) The Department may refuse to issue or renew or may |
| 3 | | suspend the license of any person who fails to file a return, |
| 4 | | pay the tax, penalty or interest shown in a filed return, or |
| 5 | | pay any final assessment of tax, penalty, or interest, as |
| 6 | | required by any tax Act administered by the Department of |
| 7 | | Revenue, until such time as the requirements of that tax Act |
| 8 | | are satisfied in accordance with subsection (g) of Section |
| 9 | | 2105-15 of the Department of Professional Regulation Law of |
| 10 | | the Civil Administrative Code of Illinois. |
| 11 | | (c) (Blank). |
| 12 | | (d) In cases where the Department of Healthcare and Family |
| 13 | | Services (formerly Department of Public Aid) has previously |
| 14 | | determined that a licensee or a potential licensee is more |
| 15 | | than 30 days delinquent in the payment of child support and has |
| 16 | | subsequently certified the delinquency to the Department may |
| 17 | | refuse to issue or renew or may revoke or suspend that person's |
| 18 | | license or may take other disciplinary action against that |
| 19 | | person based solely upon the certification of delinquency made |
| 20 | | by the Department of Healthcare and Family Services in |
| 21 | | accordance with item (5) of subsection (a) of Section 2105-15 |
| 22 | | of the Department of Professional Regulation Law of the Civil |
| 23 | | Administrative Code of Illinois. |
| 24 | | (e) (Blank). |
| 25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19; |
| 26 | | 102-970, eff. 5-27-22.)
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| 1 | | Section 10. The Real Estate Appraiser Licensing Act of |
| 2 | | 2002 is amended by changing Section 15-10 and by adding |
| 3 | | Section 10-25 as follows:
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| 4 | | (225 ILCS 458/10-25 new) |
| 5 | | Sec. 10-25. Discrimination prohibited. An appraiser shall |
| 6 | | not discriminate when preparing a comparative market analysis |
| 7 | | for residential real estate. For the purposes of this Section, |
| 8 | | an appraiser discriminates when the appraiser considers the |
| 9 | | actual or perceived race, color,
religion, or national origin |
| 10 | | of the owner of the real estate or the residents of the |
| 11 | | geographic area in which the real estate is located when |
| 12 | | determining the market value of the real estate. In addition |
| 13 | | to the disciplinary procedures set forth in Section 15-10, an |
| 14 | | aggrieved party may commence a civil action alleging |
| 15 | | discrimination in an appropriate circuit court not later than |
| 16 | | 2 years after the occurrence that constitutes discrimination |
| 17 | | under this Section. Such a civil action shall be subject to the |
| 18 | | same procedures, rights, and remedies as a civil action |
| 19 | | alleging a civil rights violation under Section 10-102 of the |
| 20 | | Illinois Human Rights Act. A circuit court action may also be |
| 21 | | initiated by the Illinois Attorney General whenever the |
| 22 | | Illinois Attorney General has
reasonable cause to believe that |
| 23 | | an appraiser is engaged in a pattern and practice of |
| 24 | | discrimination prohibited by this Section. Such a civil action |
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| 1 | | shall be subject to the same procedures, rights, and remedies |
| 2 | | as a civil action alleging a civil rights violation under |
| 3 | | Section 10-104 of the Illinois Human Rights Act.
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| 4 | | (225 ILCS 458/15-10)
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| 5 | | (Section scheduled to be repealed on January 1, 2027)
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| 6 | | Sec. 15-10. Grounds for disciplinary action.
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| 7 | | (a) The Department
may suspend, revoke,
refuse to issue,
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| 8 | | renew, or restore a license and may reprimand place on |
| 9 | | probation or administrative
supervision,
or take any |
| 10 | | disciplinary or non-disciplinary action, including
imposing
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| 11 | | conditions limiting the scope, nature, or extent of the real |
| 12 | | estate appraisal
practice of a
licensee or reducing the |
| 13 | | appraisal rank of a licensee,
and may impose an administrative |
| 14 | | fine
not to exceed $25,000 for each violation upon a licensee
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| 15 | | for any one or combination of the following:
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| 16 | | (1) Procuring or attempting to procure a license by |
| 17 | | knowingly making a
false statement,
submitting false |
| 18 | | information, engaging in any form of fraud or
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| 19 | | misrepresentation,
or refusing
to provide complete |
| 20 | | information in response to a question in an application |
| 21 | | for
licensure.
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| 22 | | (2) Failing to meet the minimum qualifications for |
| 23 | | licensure as an
appraiser established by this
Act.
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| 24 | | (3) Paying money, other than for the fees provided for |
| 25 | | by this Act, or
anything of value to a
member or employee |
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| 1 | | of the Board or the Department
to procure
licensure
under |
| 2 | | this Act.
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| 3 | | (4) Conviction of, or plea of guilty or nolo |
| 4 | | contendere, as enumerated in subsection (e) of Section |
| 5 | | 5-22, under the laws of any jurisdiction of the United |
| 6 | | States: (i) that is a felony, misdemeanor, or |
| 7 | | administrative sanction or (ii) that is a crime that |
| 8 | | subjects the licensee to compliance with the requirements |
| 9 | | of the Sex Offender Registration Act.
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| 10 | | (5) Committing an act or omission involving |
| 11 | | dishonesty, fraud, or
misrepresentation with the intent to
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| 12 | | substantially benefit the licensee or another person or |
| 13 | | with intent to
substantially injure
another person as |
| 14 | | defined by rule.
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| 15 | | (6) Violating a provision or standard for the |
| 16 | | development or
communication of real estate
appraisals as |
| 17 | | provided in Section 10-10 of this Act or as defined by |
| 18 | | rule.
|
| 19 | | (7) Failing or refusing without good cause to exercise |
| 20 | | reasonable
diligence in developing, reporting,
or |
| 21 | | communicating an appraisal, as defined by this Act or by |
| 22 | | rule.
|
| 23 | | (8) Violating a provision of this Act or the rules |
| 24 | | adopted pursuant to
this Act.
|
| 25 | | (9) Having been disciplined by another state, the |
| 26 | | District of Columbia, a
territory, a foreign nation,
a |
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| 1 | | governmental agency, or any other entity authorized to |
| 2 | | impose discipline if
at least one of
the grounds for that |
| 3 | | discipline is the same as or the equivalent of one of the
|
| 4 | | grounds for
which a licensee may be disciplined under this |
| 5 | | Act.
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| 6 | | (10) Engaging in dishonorable, unethical, or |
| 7 | | unprofessional conduct of a
character likely to
deceive, |
| 8 | | defraud, or harm the public.
|
| 9 | | (11) Accepting an appraisal assignment when the |
| 10 | | employment
itself is contingent
upon the appraiser |
| 11 | | reporting a predetermined estimate, analysis, or opinion |
| 12 | | or
when the fee
to be paid is contingent upon the opinion, |
| 13 | | conclusion, or valuation reached or
upon the
consequences |
| 14 | | resulting from the appraisal assignment.
|
| 15 | | (12) Developing valuation conclusions based on the |
| 16 | | race, color, religion,
sex, national origin,
ancestry, |
| 17 | | age, marital status, family status, physical or mental |
| 18 | | disability, sexual orientation, pregnancy, order of |
| 19 | | protection status, military status, or
unfavorable
|
| 20 | | military discharge, as defined under the Illinois Human |
| 21 | | Rights Act, of the
prospective or
present owners or |
| 22 | | occupants of the area or property under appraisal.
|
| 23 | | (13) Violating the confidential nature of government |
| 24 | | records to which
the licensee gained
access through |
| 25 | | employment or engagement as an appraiser by a government |
| 26 | | agency.
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| 1 | | (14) Being adjudicated liable in a civil proceeding on |
| 2 | | grounds of
fraud, misrepresentation, or
deceit. In a |
| 3 | | disciplinary proceeding based upon a finding of civil |
| 4 | | liability,
the appraiser shall
be afforded an opportunity |
| 5 | | to present mitigating and extenuating circumstances,
but |
| 6 | | may not
collaterally attack the civil adjudication.
|
| 7 | | (15) Being adjudicated liable in a civil proceeding |
| 8 | | for violation of
a state or federal fair
housing law.
|
| 9 | | (16) Engaging in misleading or untruthful advertising |
| 10 | | or using a trade
name or insignia of
membership in a real |
| 11 | | estate appraisal or real estate organization of
which the |
| 12 | | licensee is
not a member.
|
| 13 | | (17) Failing to fully cooperate with a Department |
| 14 | | investigation by knowingly
making a false
statement, |
| 15 | | submitting false or misleading information, or refusing to |
| 16 | | provide
complete information in response to written
|
| 17 | | interrogatories or a written
request for documentation |
| 18 | | within 30 days of the request.
|
| 19 | | (18) Failing to include within the certificate of |
| 20 | | appraisal for all
written appraisal reports the |
| 21 | | appraiser's license number and licensure title.
All |
| 22 | | appraisers providing significant contribution to the |
| 23 | | development and
reporting of an appraisal must be |
| 24 | | disclosed in the appraisal report. It is a
violation of |
| 25 | | this Act for an
appraiser to sign a report,
transmittal |
| 26 | | letter, or appraisal certification knowing that a person |
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| 1 | | providing
a significant
contribution to the report has not |
| 2 | | been disclosed in the appraisal report.
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| 3 | | (19) Violating the terms of a disciplinary order or |
| 4 | | consent to administrative supervision order. |
| 5 | | (20) Habitual or excessive use or addiction to |
| 6 | | alcohol, narcotics, stimulants, or any other chemical |
| 7 | | agent or drug that results in a licensee's inability to |
| 8 | | practice with reasonable judgment, skill, or safety. |
| 9 | | (21) A physical or mental illness or disability which |
| 10 | | results in the inability to practice under this Act with |
| 11 | | reasonable judgment, skill, or safety.
|
| 12 | | (22) Gross negligence in developing an appraisal or in |
| 13 | | communicating an appraisal or failing to observe one or |
| 14 | | more of the Uniform Standards of Professional Appraisal |
| 15 | | Practice. |
| 16 | | (23) A pattern of practice or other behavior that |
| 17 | | demonstrates incapacity or incompetence to practice under |
| 18 | | this Act. |
| 19 | | (24) Using or attempting to use the seal, certificate, |
| 20 | | or license of another as one's own; falsely impersonating |
| 21 | | any duly licensed appraiser; using or attempting to use an |
| 22 | | inactive, expired, suspended, or revoked license; or |
| 23 | | aiding or abetting any of the foregoing. |
| 24 | | (25) Solicitation of professional services by using |
| 25 | | false, misleading, or deceptive advertising. |
| 26 | | (26) Making a material misstatement in furnishing |
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| 1 | | information to the Department. |
| 2 | | (27) Failure to furnish information to the Department |
| 3 | | upon written request. |
| 4 | | (28) Engaging in discrimination as provided in Section |
| 5 | | 10-25. |
| 6 | | (b) The Department
may reprimand suspend, revoke,
or |
| 7 | | refuse to issue or renew an education provider's
license, may |
| 8 | | reprimand, place on probation, or otherwise discipline
an |
| 9 | | education provider
and may suspend or revoke the course |
| 10 | | approval of any course offered by
an education provider and |
| 11 | | may impose an administrative fine
not to exceed $25,000 upon
|
| 12 | | an education provider,
for any of the following:
|
| 13 | | (1) Procuring or attempting to procure licensure 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 |
| 18 | | for
licensure.
|
| 19 | | (2) Failing to comply with the covenants certified to |
| 20 | | on the application
for licensure as an education provider.
|
| 21 | | (3) Committing an act or omission involving |
| 22 | | dishonesty, fraud, or
misrepresentation or allowing any |
| 23 | | such act or omission by
any employee or contractor under |
| 24 | | the control of the provider.
|
| 25 | | (4) Engaging in misleading or untruthful advertising.
|
| 26 | | (5) Failing to retain competent instructors in |
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| 1 | | accordance with rules
adopted
under this Act.
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| 2 | | (6) Failing to meet the topic or time requirements for |
| 3 | | course approval as
the provider of a qualifying
curriculum |
| 4 | | course or a continuing education course.
|
| 5 | | (7) Failing to administer an approved course using the |
| 6 | | course materials,
syllabus, and examinations
submitted as |
| 7 | | the basis of the course approval.
|
| 8 | | (8) Failing to provide an appropriate classroom |
| 9 | | environment for
presentation of courses, with
|
| 10 | | consideration for student comfort, acoustics, lighting, |
| 11 | | seating, workspace, and
visual aid material.
|
| 12 | | (9) Failing to maintain student records in compliance |
| 13 | | with the rules
adopted under this Act.
|
| 14 | | (10) Failing to provide a certificate, transcript, or |
| 15 | | other student
record to the Department
or to a student
as |
| 16 | | may be required by rule.
|
| 17 | | (11) Failing to fully cooperate with an
investigation |
| 18 | | by the Department by knowingly
making a false
statement, |
| 19 | | submitting false or misleading information, or refusing to |
| 20 | | provide
complete information in response to written |
| 21 | | interrogatories or a written
request for documentation |
| 22 | | within 30 days of the request.
|
| 23 | | (c) In appropriate cases, the Department
may resolve a |
| 24 | | complaint against a licensee
through the issuance of a Consent |
| 25 | | to Administrative Supervision order.
A licensee subject to a |
| 26 | | Consent to Administrative Supervision order
shall be |
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| 1 | | considered by the Department
as an active licensee in good |
| 2 | | standing. This order shall not be reported or
considered by |
| 3 | | the Department
to be a discipline
of the licensee. The records |
| 4 | | regarding an investigation and a Consent to
Administrative |
| 5 | | Supervision order
shall be considered confidential and shall |
| 6 | | not be released by the Department
except
as mandated by law.
A |
| 7 | | complainant shall be notified if the complaint has been |
| 8 | | resolved
by a Consent to
Administrative Supervision order.
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| 9 | | (Source: P.A. 102-20, eff. 1-1-22.)
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