Bill Text: IL HB5210 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Real Estate License Act of 2000. Requires a sponsoring broker that maintains more than one office within the State to notify the Department of Financial and Professional Regulation on forms prescribed by the Department (rather than apply for a branch office license) for each office other than the sponsoring broker's principal place of business. Requires the brokerage license (rather than the branch office license) to be displayed conspicuously in each branch office. Removes a reference to "education provider branches". Effective January 1, 2019.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0831 [HB5210 Detail]

Download: Illinois-2017-HB5210-Enrolled.html

---

HB5210 Enrolled LRB100 16039 SMS 31158 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Auction License Act is amended by changing
Section 10-30 as follows:
(225 ILCS 407/10-30)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-30. Expiration, renewal, and continuing education.
(a) License expiration dates, renewal periods, renewal
fees, and procedures for renewal of licenses issued under this
Act shall be set by rule of the Department. An entity may renew
its license by paying the required fee and by meeting the
renewal requirements adopted by the Department under this
Section.
(b) All renewal applicants must provide proof as determined
by the Department of having met the continuing education
requirements by the deadline set forth by the Department by
rule. At a minimum, the rules shall require an applicant for
renewal licensure as an auctioneer to provide proof of the
completion of at least 12 hours of continuing education during
the pre-renewal period established by the Department for
completion of continuing education preceding the expiration
date of the license from schools approved by the Department, as

HB5210 Enrolled - 2 - LRB100 16039 SMS 31158 b
established by rule.
(c) The Department, in its discretion, may waive
enforcement of the continuing education requirements of this
Section and shall adopt rules defining the standards and
criteria for such waiver.
(d) (Blank).
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
Section 10. The Home Inspector License Act is amended by
changing Section 5-30 as follows:
(225 ILCS 441/5-30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-30. Continuing education renewal requirements. The
continuing education requirements for a person to renew a
license as a home inspector shall be established by rule. The
Department shall establish a continuing education completion
deadline for home inspector licensees and require evidence of
compliance with continuing education requirements in a manner
established by rule before the renewal of a license.
(Source: P.A. 92-239, eff. 8-3-01.)
Section 15. The Real Estate License Act of 2000 is amended
by changing Sections 1-10, 5-15, 5-20, 5-45, 10-15, 10-20,
20-20, and 30-5 as follows:

HB5210 Enrolled - 3 - LRB100 16039 SMS 31158 b
(225 ILCS 454/1-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Agency" means a relationship in which a broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether
express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing
broker, broker, or leasing agent.
"Blind advertisement" means any real estate advertisement
that does not include the sponsoring broker's business name and
that is used by any licensee regarding the sale or lease of
real estate, including his or her own, licensed activities, or
the hiring of any licensee under this Act. The broker's
business name in the case of a franchise shall include the
franchise affiliation as well as the name of the individual

HB5210 Enrolled - 4 - LRB100 16039 SMS 31158 b
firm.
"Board" means the Real Estate Administration and
Disciplinary Board of the Department as created by Section
25-10 of this Act.
"Branch office" means a sponsoring broker's office other
than the sponsoring broker's principal office.
"Broker" means an individual, entity, corporation, foreign
or domestic partnership, limited liability company,
corporation, or registered limited liability partnership, or
other business entity other than a leasing agent who, whether
in person or through any media or technology, for another and
for compensation, or with the intention or expectation of
receiving compensation, either directly or indirectly:
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease
real estate.
(3) Negotiates, offers, attempts, or agrees to
negotiate the sale, exchange, purchase, rental, or leasing
of real estate.
(4) Lists, offers, attempts, or agrees to list real
estate for sale, rent, lease, or exchange.
(5) Buys, sells, offers to buy or sell, or otherwise
deals in options on real estate or improvements thereon.
(6) Supervises the collection, offer, attempt, or
agreement to collect rent for the use of real estate.

HB5210 Enrolled - 5 - LRB100 16039 SMS 31158 b
(7) Advertises or represents himself or herself as
being engaged in the business of buying, selling,
exchanging, renting, or leasing real estate.
(8) Assists or directs in procuring or referring of
leads or prospects, intended to result in the sale,
exchange, lease, or rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange,
lease, or rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
(11) Sells, rents, leases, or offers for sale or lease
real estate at auction.
(12) Prepares or provides a broker price opinion or
comparative market analysis as those terms are defined in
this Act, pursuant to the provisions of Section 10-45 of
this Act.
"Brokerage agreement" means a written or oral agreement
between a sponsoring broker and a consumer for licensed
activities to be provided to a consumer in return for
compensation or the right to receive compensation from another.
Brokerage agreements may constitute either a bilateral or a
unilateral agreement between the broker and the broker's client
depending upon the content of the brokerage agreement. All
exclusive brokerage agreements shall be in writing.
"Broker price opinion" means an estimate or analysis of the

HB5210 Enrolled - 6 - LRB100 16039 SMS 31158 b
probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange

HB5210 Enrolled - 7 - LRB100 16039 SMS 31158 b
for the performance of some activity or service. Compensation
shall include the transfer of valuable consideration,
including without limitation the following:
(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or
similar game of chance not prohibited by any other law or
statute;
(12) retainer fee; or
(13) salary.
"Confidential information" means information obtained by a
licensee from a client during the term of a brokerage agreement
that (i) was made confidential by the written request or
written instruction of the client, (ii) deals with the
negotiating position of the client, or (iii) is information the
disclosure of which could materially harm the negotiating
position of the client, unless at any time:
(1) the client permits the disclosure of information

HB5210 Enrolled - 8 - LRB100 16039 SMS 31158 b
given by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other
than the licensee.
"Confidential information" shall not be considered to
include material information about the physical condition of
the property.
"Consumer" means a person or entity seeking or receiving
licensed activities.
"Coordinator" means the Coordinator of Real Estate created
in Section 25-15 of this Act.
"Credit hour" means 50 minutes of classroom instruction in
course work that meets the requirements set forth in rules
adopted by the Department.
"Customer" means a consumer who is not being represented by
the licensee but for whom the licensee is performing
ministerial acts.
"Department" means the Department of Financial and
Professional Regulation.
"Designated agency" means a contractual relationship
between a sponsoring broker and a client under Section 15-50 of
this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.

HB5210 Enrolled - 9 - LRB100 16039 SMS 31158 b
"Dual agency" means an agency relationship in which a
licensee is representing both buyer and seller or both landlord
and tenant in the same transaction. When the agency
relationship is a designated agency, the question of whether
there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of
the sponsoring broker.
"Education provider" means a school licensed by the
Department offering courses in pre-license, post-license, or
continuing education required by this Act.
"Employee" or other derivative of the word "employee", when
used to refer to, describe, or delineate the relationship
between a sponsoring broker and a managing broker, broker, or a
leasing agent, shall be construed to include an independent
contractor relationship, provided that a written agreement
exists that clearly establishes and states the relationship.
All responsibilities of a broker shall remain.
"Escrow moneys" means all moneys, promissory notes or any
other type or manner of legal tender or financial consideration
deposited with any person for the benefit of the parties to the
transaction. A transaction exists once an agreement has been
reached and an accepted real estate contract signed or lease
agreed to by the parties. Escrow moneys includes without
limitation earnest moneys and security deposits, except those
security deposits in which the person holding the security
deposit is also the sole owner of the property being leased and

HB5210 Enrolled - 10 - LRB100 16039 SMS 31158 b
for which the security deposit is being held.
"Electronic means of proctoring" means a methodology
providing assurance that the person taking a test and
completing the answers to questions is the person seeking
licensure or credit for continuing education and is doing so
without the aid of a third party or other device.
"Exclusive brokerage agreement" means a written brokerage
agreement that provides that the sponsoring broker has the sole
right, through one or more sponsored licensees, to act as the
exclusive designated agent or representative of the client and
that meets the requirements of Section 15-75 of this Act.
"Inoperative" means a status of licensure where the
licensee holds a current license under this Act, but the
licensee is prohibited from engaging in licensed activities
because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by
whom he or she is employed is currently expired, revoked,
suspended, or otherwise rendered invalid under this Act.
"Interactive delivery method" means delivery of a course by
an instructor through a medium allowing for 2-way communication
between the instructor and a student in which either can
initiate or respond to questions.
"Leads" means the name or names of a potential buyer,
seller, lessor, lessee, or client of a licensee.
"Leasing Agent" means a person who is employed by a broker
to engage in licensed activities limited to leasing residential

HB5210 Enrolled - 11 - LRB100 16039 SMS 31158 b
real estate who has obtained a license as provided for in
Section 5-5 of this Act.
"License" means the document issued by the Department
certifying that the person named thereon has fulfilled all
requirements prerequisite to licensure under this Act.
"Licensed activities" means those activities listed in the
definition of "broker" under this Section.
"Licensee" means any person, as defined in this Section,
who holds a valid unexpired license as a managing broker,
broker, or leasing agent.
"Listing presentation" means a communication between a
managing broker or broker and a consumer in which the licensee
is attempting to secure a brokerage agreement with the consumer
to market the consumer's real estate for sale or lease.
"Managing broker" means a broker who has supervisory
responsibilities for licensees in one or, in the case of a
multi-office company, more than one office and who has been
appointed as such by the sponsoring broker.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
"Ministerial acts" means those acts that a licensee may
perform for a consumer that are informative or clerical in
nature and do not rise to the level of active representation on
behalf of a consumer. Examples of these acts include without
limitation (i) responding to phone inquiries by consumers as to

HB5210 Enrolled - 12 - LRB100 16039 SMS 31158 b
the availability and pricing of brokerage services, (ii)
responding to phone inquiries from a consumer concerning the
price or location of property, (iii) attending an open house
and responding to questions about the property from a consumer,
(iv) setting an appointment to view property, (v) responding to
questions of consumers walking into a licensee's office
concerning brokerage services offered or particular
properties, (vi) accompanying an appraiser, inspector,
contractor, or similar third party on a visit to a property,
(vii) describing a property or the property's condition in
response to a consumer's inquiry, (viii) completing business or
factual information for a consumer on an offer or contract to
purchase on behalf of a client, (ix) showing a client through a
property being sold by an owner on his or her own behalf, or
(x) referral to another broker or service provider.
"Office" means a broker's place of business where the
general public is invited to transact business and where
records may be maintained and licenses displayed, whether or
not it is the broker's principal place of business.
"Person" means and includes individuals, entities,
corporations, limited liability companies, registered limited
liability partnerships, foreign and domestic and partnerships,
and other business entities foreign or domestic, except that
when the context otherwise requires, the term may refer to a
single individual or other described entity.
"Personal assistant" means a licensed or unlicensed person

HB5210 Enrolled - 13 - LRB100 16039 SMS 31158 b
who has been hired for the purpose of aiding or assisting a
sponsored licensee in the performance of the sponsored
licensee's job.
"Pocket card" means the card issued by the Department to
signify that the person named on the card is currently licensed
under this Act.
"Pre-renewal period" means the period between the date of
issue of a currently valid license and the license's expiration
date.
"Proctor" means any person, including, but not limited to,
an instructor, who has a written agreement to administer
examinations fairly and impartially with a licensed education
provider.
"Real estate" means and includes leaseholds as well as any
other interest or estate in land, whether corporeal,
incorporeal, freehold, or non-freehold and whether the real
estate is situated in this State or elsewhere. "Real estate"
does not include property sold, exchanged, or leased as a
timeshare or similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the Real
Estate Timeshare Act of 1999 (repealed).
"Regular employee" means a person working an average of 20
hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service eleven main
tests in three categories being behavioral control, financial
control and the type of relationship of the parties, formerly

HB5210 Enrolled - 14 - LRB100 16039 SMS 31158 b
the twenty factor test.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.
"Sponsoring broker" means the broker who has issued a
sponsor card to a licensed managing broker, broker, or a
leasing agent.
"Sponsor card" means the temporary permit issued by the
sponsoring broker certifying that the managing broker, broker,
or leasing agent named thereon is employed by or associated by
written agreement with the sponsoring broker, as provided for
in Section 5-40 of this Act.
(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
100-534, eff. 9-22-17; revised 10-2-17.)
(225 ILCS 454/5-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-15. Necessity of managing broker, broker, or leasing
agent license or sponsor card; ownership restrictions.
(a) It is unlawful for any person, corporation, limited
liability company, registered limited liability partnership,
or partnership to act as a managing broker, broker, or leasing
agent or to advertise or assume to act as such managing broker,
broker or leasing agent without a properly issued sponsor card
or a license issued under this Act by the Department, either
directly or through its authorized designee.

HB5210 Enrolled - 15 - LRB100 16039 SMS 31158 b
(b) No corporation shall be granted a license or engage in
the business or capacity, either directly or indirectly, of a
broker, unless every officer of the corporation who actively
participates in the real estate activities of the corporation
holds a license as a managing broker or broker and unless every
employee who acts as a managing broker, broker, or leasing
agent for the corporation holds a license as a managing broker,
broker, or leasing agent. All nonparticipating owners or
officers shall submit affidavits of nonparticipation as
required by the Department.
(c) No partnership shall be granted a license or engage in
the business or serve in the capacity, either directly or
indirectly, of a broker, unless every general partner in the
partnership who actively participates in the real estate
activities of the partnership holds a license as a managing
broker or broker and unless every employee who acts as a
managing broker, broker, or leasing agent for the partnership
holds a license as a managing broker, broker, or leasing agent.
All nonparticipating partners shall submit affidavits of
nonparticipation as required by the Department. In the case of
a registered limited liability partnership (LLP), every
partner in the LLP that actively participates in the real
estate activities of the limited liability partnership must
hold a license as a managing broker or broker and every
employee who acts as a managing broker, broker, or leasing
agent must hold a license as a managing broker, broker, or

HB5210 Enrolled - 16 - LRB100 16039 SMS 31158 b
leasing agent. All nonparticipating limited liability partners
shall submit affidavits of nonparticipation as required by the
Department.
(d) No limited liability company shall be granted a license
or engage in the business or serve in the capacity, either
directly or indirectly, of a broker unless every member or
manager in the limited liability company that actively
participates in the real estate activities of the limited
liability company or every member in a member managed limited
liability company holds a license as a managing broker or
broker and unless every other member and employee who acts as a
managing broker, broker, or leasing agent for the limited
liability company holds a license as a managing broker, broker,
or leasing agent. All nonparticipating members or managers
shall submit affidavits of nonparticipation as required by the
Department.
(e) (Blank). No partnership, limited liability company, or
corporation shall be licensed to conduct a brokerage business
where an individual leasing agent, or group of leasing agents,
owns or directly or indirectly controls more than 49% of the
shares of stock or other ownership in the partnership, limited
liability company, or corporation.
(f) No person shall be granted a license if any
participating owner, officer, director, partner, limited
liability partner, member, or manager has been denied a real
estate license by the Department in the previous 5 years or is

HB5210 Enrolled - 17 - LRB100 16039 SMS 31158 b
otherwise currently barred from real estate practice because of
a suspension or revocation.
(Source: P.A. 99-227, eff. 8-3-15.)
(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-20. Exemptions from managing broker, broker, or
leasing agent license requirement. The requirement for holding
a license under this Article 5 shall not apply to:
(1) Any person, partnership, or corporation that as
owner or lessor performs any of the acts described in the
definition of "broker" under Section 1-10 of this Act with
reference to property owned or leased by it, or to the
regular employees thereof with respect to the property so
owned or leased, where such acts are performed in the
regular course of or as an incident to the management,
sale, or other disposition of such property and the
investment therein, provided that such regular employees
do not perform any of the acts described in the definition
of "broker" under Section 1-10 of this Act in connection
with a vocation of selling or leasing any real estate or
the improvements thereon not so owned or leased.
(2) An attorney in fact acting under a duly executed
and recorded power of attorney to convey real estate from
the owner or lessor or the services rendered by an attorney
at law in the performance of the attorney's duty as an

HB5210 Enrolled - 18 - LRB100 16039 SMS 31158 b
attorney at law.
(3) Any person acting as receiver, trustee in
bankruptcy, administrator, executor, or guardian or while
acting under a court order or under the authority of a will
or testamentary trust.
(4) Any person acting as a resident manager for the
owner or any employee acting as the resident manager for a
broker managing an apartment building, duplex, or
apartment complex, when the resident manager resides on the
premises, the premises is his or her primary residence, and
the resident manager is engaged in the leasing of the
property of which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the
conduct of official duties.
(6) Any officer or employee of the State government or
any political subdivision thereof performing official
duties.
(7) Any multiple listing service or other similar
information exchange that is engaged in the collection and
dissemination of information concerning real estate
available for sale, purchase, lease, or exchange for the
purpose of providing licensees with a system by which
licensees may cooperatively share information along with
which no other licensed activities, as defined in Section
1-10 of this Act, are provided.
(8) Railroads and other public utilities regulated by

HB5210 Enrolled - 19 - LRB100 16039 SMS 31158 b
the State of Illinois, or the officers or full time
employees thereof, unless the performance of any licensed
activities is in connection with the sale, purchase, lease,
or other disposition of real estate or investment therein
not needing the approval of the appropriate State
regulatory authority.
(9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no other
licensed activities, as defined in Section 1-10 of this
Act, are provided.
(10) Any resident lessee of a residential dwelling unit
who refers for compensation to the owner of the dwelling
unit, or to the owner's agent, prospective lessees of
dwelling units in the same building or complex as the
resident lessee's unit, but only if the resident lessee (i)
refers no more than 3 prospective lessees in any 12-month
period, (ii) receives compensation of no more than $1,500
or the equivalent of one month's rent, whichever is less,
in any 12-month period, and (iii) limits his or her
activities to referring prospective lessees to the owner,
or the owner's agent, and does not show a residential
dwelling unit to a prospective lessee, discuss terms or
conditions of leasing a dwelling unit with a prospective
lessee, or otherwise participate in the negotiation of the
leasing of a dwelling unit.
(11) The purchase, sale, or transfer of a timeshare or

HB5210 Enrolled - 20 - LRB100 16039 SMS 31158 b
similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the
Real Estate Timeshare Act of 1999 (repealed).
(12) (Blank).
(13) Any person who is licensed without examination
under Section 10-25 (now repealed) of the Auction License
Act is exempt from holding a managing broker's or broker's
license under this Act for the limited purpose of selling
or leasing real estate at auction, so long as:
(A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to the Department that he
or she has sold real estate at auction for a period of
5 years prior to licensure as an auctioneer;
(C) the person has had no lapse in his or her
license as an auctioneer; and
(D) the license issued under the Auction License
Act has not been disciplined for violation of those
provisions of Article 20 of the Auction License Act
dealing with or related to the sale or lease of real
estate at auction.
(14) A person who holds a valid license under the
Auction License Act and a valid real estate auction
certification and conducts auctions for the sale of real
estate under Section 5-32 of this Act.
(15) A hotel operator who is registered with the

HB5210 Enrolled - 21 - LRB100 16039 SMS 31158 b
Illinois Department of Revenue and pays taxes under the
Hotel Operators' Occupation Tax Act and rents a room or
rooms in a hotel as defined in the Hotel Operators'
Occupation Tax Act for a period of not more than 30
consecutive days and not more than 60 days in a calendar
year.
(Source: P.A. 99-227, eff. 8-3-15; 100-534, eff. 9-22-17.)
(225 ILCS 454/5-45)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-45. Offices.
(a) If a sponsoring broker maintains more than one office
within the State, the sponsoring broker shall notify the
Department on forms prescribed by the Department apply for a
branch office license for each office other than the sponsoring
broker's principal place of business. The brokerage branch
office license shall be displayed conspicuously in each branch
office. The name of each branch office shall be the same as
that of the sponsoring broker's principal office or shall
clearly delineate the branch office's relationship with the
principal office.
(b) The sponsoring broker shall name a managing broker for
each branch office and the sponsoring broker shall be
responsible for supervising all managing brokers. The
sponsoring broker shall notify the Department in writing of the
name of all managing brokers of the sponsoring broker and the

HB5210 Enrolled - 22 - LRB100 16039 SMS 31158 b
office or offices they manage. Any person initially named as a
managing broker after April 30, 2011 must either (i) be
licensed as a managing broker or (ii) meet all the requirements
to be licensed as a managing broker except the required
education and examination and secure the managing broker's
license within 90 days of being named as a managing broker. Any
changes in managing brokers shall be reported to the Department
in writing within 15 days of the change. Failure to do so shall
subject the sponsoring broker to discipline under Section 20-20
of this Act.
(c) The sponsoring broker shall immediately notify the
Department in writing of any opening, closing, or change in
location of any principal or branch office.
(d) Except as provided in this Section, each sponsoring
broker shall maintain a definite office, or place of business
within this State for the transaction of real estate business,
shall conspicuously display an identification sign on the
outside of his or her office of adequate size and visibility.
The office or place of business shall not be located in any
retail or financial business establishment unless it is
separated from the other business by a separate and distinct
area within the establishment. A broker who is licensed in this
State by examination or pursuant to the provisions of Section
5-60 of this Act shall not be required to maintain a definite
office or place of business in this State provided all of the
following conditions are met:

HB5210 Enrolled - 23 - LRB100 16039 SMS 31158 b
(1) the broker maintains an active broker's license in
the broker's state of domicile;
(2) the broker maintains an office in the broker's
state of domicile; and
(3) the broker has filed with the Department written
statements appointing the Secretary to act as the broker's
agent upon whom all judicial and other process or legal
notices directed to the licensee may be served and agreeing
to abide by all of the provisions of this Act with respect
to his or her real estate activities within the State of
Illinois and submitting to the jurisdiction of the
Department.
The statements under subdivision (3) of this Section shall
be in form and substance the same as those statements required
under Section 5-60 of this Act and shall operate to the same
extent.
(e) Upon the loss of a managing broker who is not replaced
by the sponsoring broker or in the event of the death or
adjudicated disability of the sole proprietor of an office, a
written request for authorization allowing the continued
operation of the office may be submitted to the Department
within 15 days of the loss. The Department may issue a written
authorization allowing the continued operation, provided that
a licensed broker, or in the case of the death or adjudicated
disability of a sole proprietor, the representative of the
estate, assumes responsibility, in writing, for the operation

HB5210 Enrolled - 24 - LRB100 16039 SMS 31158 b
of the office and agrees to personally supervise the operation
of the office. No such written authorization shall be valid for
more than 60 days unless extended by the Department for good
cause shown and upon written request by the broker or
representative.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/10-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-15. No compensation to persons in violation of Act;
compensation to unlicensed persons; consumer.
(a) No compensation may be paid to any unlicensed person in
exchange for the person performing licensed activities in
violation of this Act.
(b) No action or suit shall be instituted, nor recovery
therein be had, in any court of this State by any person,
partnership, registered limited liability partnership, limited
liability company, or corporation for compensation for any act
done or service performed, the doing or performing of which is
prohibited by this Act to other than licensed managing brokers,
brokers, or leasing agents unless the person, partnership,
registered limited liability partnership, limited liability
company, or corporation was duly licensed hereunder as a
managing broker, broker, or leasing agent under this Act at the
time that any such act was done or service performed that would
give rise to a cause of action for compensation.

HB5210 Enrolled - 25 - LRB100 16039 SMS 31158 b
(c) A licensee may offer compensation, including prizes,
merchandise, services, rebates, discounts, or other
consideration to an unlicensed person who is a party to a
contract to buy or sell real estate or is a party to a contract
for the lease of real estate, so long as the offer complies
with the provisions of subdivision (35) of subsection (a) of
Section 20-20 of this Act.
(d) A licensee may offer cash, gifts, prizes, awards,
coupons, merchandise, rebates or chances to win a game of
chance, if not prohibited by any other law or statute, to a
consumer as an inducement to that consumer to use the services
of the licensee even if the licensee and consumer do not
ultimately enter into a broker-client relationship so long as
the offer complies with the provisions of subdivision (35) of
subsection (a) of Section 20-20 of this Act.
(Source: P.A. 99-227, eff. 8-3-15.)
(225 ILCS 454/10-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-20. Sponsoring broker; employment agreement.
(a) A licensee may perform activities as a licensee only
for his or her sponsoring broker. A licensee must have only one
sponsoring broker at any one time.
(b) Every broker who employs licensees or has an
independent contractor relationship with a licensee shall have
a written employment agreement with each such licensee. The

HB5210 Enrolled - 26 - LRB100 16039 SMS 31158 b
broker having this written employment agreement with the
licensee must be that licensee's sponsoring broker.
(c) Every sponsoring broker must have a written employment
agreement with each licensee the broker sponsors. The agreement
shall address the employment or independent contractor
relationship terms, including without limitation supervision,
duties, compensation, and termination.
(d) Every sponsoring broker must have a written employment
agreement with each licensed personal assistant who assists a
licensee sponsored by the sponsoring broker. This requirement
applies to all licensed personal assistants whether or not they
perform licensed activities in their capacity as a personal
assistant. The agreement shall address the employment or
independent contractor relationship terms, including without
limitation supervision, duties, compensation, and termination.
(e) Notwithstanding the fact that a sponsoring broker has
an employment agreement with a licensee, a sponsoring broker
may pay compensation directly to a business entity corporation
solely owned by that licensee that has been formed for the
purpose of receiving compensation earned by the licensee. A
business entity corporation formed for the purpose herein
stated in this subsection (e) shall not be required to be
licensed under this Act so long as the person that who is the
sole owner shareholder of the business entity corporation is
licensed.
(Source: P.A. 91-245, eff. 12-31-99.)

HB5210 Enrolled - 27 - LRB100 16039 SMS 31158 b
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,
embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.

HB5210 Enrolled - 28 - LRB100 16039 SMS 31158 b
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license or
temporary permit was expired or while the license was
inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.

HB5210 Enrolled - 29 - LRB100 16039 SMS 31158 b
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a broker, escrow
agent, or temporary custodian of the funds of others or
failure to maintain all escrow moneys on deposit in the

HB5210 Enrolled - 30 - LRB100 16039 SMS 31158 b
account until the transactions are consummated or
terminated, except to the extent that the moneys, or any
part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Revised Uniform Unclaimed
Property Act. Escrow moneys may be deemed abandoned
under this subparagraph (B) only: (i) in the absence of
disbursement under subparagraph (A); (ii) in the
absence of notice of the filing of any claim in a court
of competent jurisdiction; and (iii) if 6 months have
elapsed after the receipt of a written demand for the
escrow moneys from one of the principals to the
transaction or the principal's duly authorized agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the

HB5210 Enrolled - 31 - LRB100 16039 SMS 31158 b
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a leasing agent or unlicensed person to
operate a real estate business without actual
participation therein and control thereof by the broker.

HB5210 Enrolled - 32 - LRB100 16039 SMS 31158 b
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.

HB5210 Enrolled - 33 - LRB100 16039 SMS 31158 b
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote

HB5210 Enrolled - 34 - LRB100 16039 SMS 31158 b
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a managing broker or broker.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in

HB5210 Enrolled - 35 - LRB100 16039 SMS 31158 b
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) (Blank).
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules adopted promulgated by the
Department to enforce this Act or aiding or abetting any
individual, foreign or domestic partnership, registered
limited liability partnership, limited liability company,
or corporation, or other business entity in disregarding

HB5210 Enrolled - 36 - LRB100 16039 SMS 31158 b
any provision of this Act or the published rules adopted
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, or leasing
agent's inability to practice with reasonable skill or
safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(44) Permitting any leasing agent or temporary leasing
agent permit holder to engage in activities that require a
broker's or managing broker's license.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal

HB5210 Enrolled - 37 - LRB100 16039 SMS 31158 b
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or

HB5210 Enrolled - 38 - LRB100 16039 SMS 31158 b
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual

HB5210 Enrolled - 39 - LRB100 16039 SMS 31158 b
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
(225 ILCS 454/30-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-5. Licensing of real estate education providers,
education provider branches, and instructors.
(a) No person shall operate an education provider entity
without possessing a valid and active license issued by the
Department. Only education providers in possession of a valid

HB5210 Enrolled - 40 - LRB100 16039 SMS 31158 b
education provider license may provide real estate
pre-license, post-license, or continuing education courses
that satisfy the requirements of this Act. Every person that
desires to obtain an education provider license shall make
application to the Department in writing on forms prescribed by
the Department and pay the fee prescribed by rule. In addition
to any other information required to be contained in the
application as prescribed by rule, every application for an
original or renewed license shall include the applicant's
Social Security number or tax identification number.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) To qualify for an education provider license, an
applicant must demonstrate the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses; budget
planning for the school's courses should be clearly
projected;
(2) a sufficient number of qualified, licensed
instructors as provided by rule;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) maintenance and availability of records of
participation for licensees;

HB5210 Enrolled - 41 - LRB100 16039 SMS 31158 b
(5) the ability to provide each participant who
successfully completes an approved program with a
certificate of completion signed by the administrator of a
licensed education provider on forms provided by the
Department;
(6) a written policy dealing with procedures for the
management of grievances and fee refunds;
(7) lesson plans and examinations, if applicable, for
each course;
(8) a 75% passing grade for successful completion of
any continuing education course or pre-license or
post-license examination, if required;
(9) the ability to identify and use instructors who
will teach in a planned program; instructor selections must
demonstrate:
(A) appropriate credentials;
(B) competence as a teacher;
(C) knowledge of content area; and
(D) qualification by experience.
Unless otherwise provided for in this Section, the
education provider shall provide a proctor or an electronic
means of proctoring for each examination; the education
provider shall be responsible for the conduct of the proctor;
the duties and responsibilities of a proctor shall be
established by rule.
Unless otherwise provided for in this Section, the

HB5210 Enrolled - 42 - LRB100 16039 SMS 31158 b
education provider must provide for closed book examinations
for each course unless the Department, upon the recommendation
of the Board, excuses this requirement based on the complexity
of the course material.
(g) Advertising and promotion of education activities must
be carried out in a responsible fashion clearly showing the
educational objectives of the activity, the nature of the
audience that may benefit from the activity, the cost of the
activity to the participant and the items covered by the cost,
the amount of credit that can be earned, and the credentials of
the faculty.
(h) The Department may, or upon request of the Board shall,
after notice, cause an education provider to attend an informal
conference before the Board for failure to comply with any
requirement for licensure or for failure to comply with any
provision of this Act or the rules for the administration of
this Act. The Board shall make a recommendation to the
Department as a result of its findings at the conclusion of any
such informal conference.
(i) All education providers shall maintain these minimum
criteria and pay the required fee in order to retain their
education provider license.
(j) The Department may adopt any administrative rule
consistent with the language and intent of this Act that may be
necessary for the implementation and enforcement of this
Section.

HB5210 Enrolled - 43 - LRB100 16039 SMS 31158 b
(Source: P.A. 100-188, eff. 1-1-18.)
Section 20. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Sections 5-45 and 15-15 as follows:
(225 ILCS 458/5-45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-45. Continuing education renewal requirements.
(a) The continuing education requirements for a person to
renew a license as a State certified general real estate
appraiser or a State certified residential real estate
appraiser shall be established by rule.
(b) The continuing education requirements for a person to
renew a license as an associate real estate trainee appraiser
shall be established by rule.
(c) Notwithstanding any other provision of this Act to the
contrary, the Department shall establish a continuing
education completion deadline for appraisal licensees and
require evidence of compliance with the continuing education
requirements before the renewal of a license.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-15. Investigation; notice; hearing.
(a) Upon the motion of the Department or the Board or upon

HB5210 Enrolled - 44 - LRB100 16039 SMS 31158 b
a complaint in writing of a person setting forth facts that, if
proven, would constitute grounds for suspension, revocation,
or other disciplinary action against a licensee or applicant
for licensure, the Department shall investigate the actions of
the licensee or applicant. If, upon investigation, the
Department believes that there may be cause for suspension,
revocation, or other disciplinary action, the Department shall
use the services of a State certified general real estate
appraiser, a State certified residential real estate
appraiser, or the Real Estate Coordinator to assist in
determining whether grounds for disciplinary action exist
prior to commencing formal disciplinary proceedings.
(b) Formal disciplinary proceedings shall commence upon
the issuance of a written complaint describing the charges that
are the basis of the disciplinary action and delivery of the
detailed complaint to the address of record of the licensee or
applicant. The Department shall notify the licensee or
applicant to file a verified written answer within 20 days
after the service of the notice and complaint. The notification
shall inform the licensee or applicant of his or her right to
be heard in person or by legal counsel; that the hearing will
be afforded not sooner than 30 days after service of the
complaint; that failure to file an answer will result in a
default being entered against the licensee or applicant; that
the license may be suspended, revoked, or placed on
probationary status; and that other disciplinary action may be

HB5210 Enrolled - 45 - LRB100 16039 SMS 31158 b
taken pursuant to this Act, including limiting the scope,
nature, or extent of the licensee's practice. If the licensee
or applicant fails to file an answer after service of notice,
his or her license may, at the discretion of the Department, be
suspended, revoked, or placed on probationary status and the
Department may take whatever disciplinary action it deems
proper, including limiting the scope, nature, or extent of the
person's practice, without a hearing.
(c) At the time and place fixed in the notice, the Board
shall conduct hearing of the charges, providing both the
accused person and the complainant ample opportunity to present
in person or by counsel such statements, testimony, evidence,
and argument as may be pertinent to the charges or to a defense
thereto.
(d) The Board shall present to the Secretary a written
report of its findings and recommendations. A copy of the
report shall be served upon the licensee or applicant, either
personally or by certified mail. Within 20 days after the
service, the licensee or applicant may present the Secretary
with a motion in writing for either a rehearing, a proposed
finding of fact, a conclusion of law, or an alternative
sanction, and shall specify the particular grounds for the
request. If the accused orders a transcript of the record as
provided in this Act, the time elapsing thereafter and before
the transcript is ready for delivery to the accused shall not
be counted as part of the 20 days. If the Secretary is not

HB5210 Enrolled - 46 - LRB100 16039 SMS 31158 b
satisfied that substantial justice has been done, the Secretary
may order a rehearing by the Board or other special committee
appointed by the Secretary, may remand the matter to the Board
for its reconsideration of the matter based on the pleadings
and evidence presented to the Board, or may enter a final order
in contravention of the Board's recommendation. In all
instances under this Act in which the Board has rendered a
recommendation to the Secretary with respect to a particular
licensee or applicant, the Secretary, if he or she disagrees
with the recommendation of the Board, shall file with the Board
and provide to the licensee or applicant a copy of the
Secretary's specific written reasons for disagreement with the
Board. The reasons shall be filed within 60 days of the Board's
recommendation to the Secretary and prior to any contrary
action. Notwithstanding a licensee's or applicant's failure to
file a motion for rehearing, the Secretary shall have the right
to take any of the actions specified in this subsection (d).
Upon the suspension or revocation of a license, the licensee
shall be required to surrender his or her license to the
Department, and upon failure or refusal to do so, the
Department shall have the right to seize the license.
(e) The Department has the power to issue subpoenas and
subpoenas duces tecum to bring before it any person in this
State, to take testimony, or to require production of any
records relevant to an inquiry or hearing by the Board in the
same manner as prescribed by law in judicial proceedings in the

HB5210 Enrolled - 47 - LRB100 16039 SMS 31158 b
courts of this State. In a case of refusal of a witness to
attend, testify, or to produce books or papers concerning a
matter upon which he or she might be lawfully examined, the
circuit court of the county where the hearing is held, upon
application of the Department or any party to the proceeding,
may compel obedience by proceedings as for contempt.
(f) Any license that is suspended indefinitely or revoked
may not be restored for a minimum period of 2 years, or as
otherwise ordered by the Secretary.
(g) In addition to the provisions of this Section
concerning the conduct of hearings and the recommendations for
discipline, the Department has the authority to negotiate
disciplinary and non-disciplinary settlement agreements
concerning any license issued under this Act. All such
agreements shall be recorded as Consent Orders or Consent to
Administrative Supervision Orders.
(h) The Secretary shall have the authority to appoint an
attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action to suspend,
revoke, or otherwise discipline any license issued by the
Department. The Hearing Officer shall have full authority to
conduct the hearing.
(i) The Department, at its expense, shall preserve a record
of all formal hearings of any contested case involving the
discipline of a license. At all hearings or pre-hearing
conferences, the Department and the licensee shall be entitled

HB5210 Enrolled - 48 - LRB100 16039 SMS 31158 b
to have the proceedings transcribed by a certified shorthand
reporter. A copy of the transcribed proceedings shall be made
available to the licensee by the certified shorthand reporter
upon payment of the prevailing contract copy rate.
(Source: P.A. 96-844, eff. 12-23-09.)
Section 99. Effective date. This Act takes effect January
1, 2019.