SB 3897 — IDFPR-VARIOUS LICENSES

(f) Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of SB3897 EngrossedEnrolled - 41 - LRB104 18005 AAS 31442 b engineers licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Practice Act of 1989;

(i) Nothing in this Act shall authorize registered SB3897 EngrossedEnrolled - 42 - LRB104 18005 AAS 31442 b interior designers to advertise services that they are prohibited to perform, including architecture or engineering services, nor to use the title "architect" in any form.

(c) The civil penalty shall be paid within 60 days after SB3897 EngrossedEnrolled - 43 - LRB104 18005 AAS 31442 b the effective date of the order imposing the civil penalty.

In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the interior SB3897 EngrossedEnrolled - 44 - LRB104 18005 AAS 31442 b design profession.

SB3897 EngrossedEnrolled - 45 - LRB104 18005 AAS 31442 b Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses.

The Department may require an applicant, at the applicant's expense, to have an evaluation of the SB3897 EngrossedEnrolled - 46 - LRB104 18005 AAS 31442 b applicant's education in a foreign country by a nationally recognized evaluation service approved by the Department in accordance with the rules adopted by the Department.

or (4) is a graduate of a 2-year interior design or architecture program from an accredited institution and has completed 4 years of full-time diversified interior SB3897 EngrossedEnrolled - 47 - LRB104 18005 AAS 31442 b design experience.

The individual shall have 3 years after the date of filing an application to pass the SB3897 EngrossedEnrolled - 48 - LRB104 18005 AAS 31442 b examination.

(1) Any registrant who notifies the Department in writing on forms prescribed by the Department may elect to place that person's his or her certificate of registration SB3897 EngrossedEnrolled - 49 - LRB104 18005 AAS 31442 b on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until that person he or she notifies the Department in writing of that person's his or her desire to resume active status.

(d) Any registrant person whose registration has been expired for more than 5 years may have the registrant's his or her registration restored by making application to the SB3897 EngrossedEnrolled - 50 - LRB104 18005 AAS 31442 b Department and submitting filing proof acceptable to the Department of the registrant's his or her fitness to have the registrant's his or her registration restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and proof of completion of applicable continuing education, including sworn evidence certifying to active lawful practice in another jurisdiction, and by paying the required restoration fee.

(f) Any person whose certificate of registration has expired while that person he or she has been engaged (1) in federal or State service active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have that person's his or her registration restored without paying any lapsed renewal or restoration fee if, within 2 years after SB3897 EngrossedEnrolled - 51 - LRB104 18005 AAS 31442 b termination of such service, training or education, that person he or she furnishes the Department with satisfactory proof that the person he or she has been so engaged and that the person's his or her service, training, or education has been so terminated.

(a) Upon payment of the required fee and the filing of an application in writing on a form or electronically as provided by the Department, an applicant who is an interior designer currently registered, certified, or licensed under the laws of another state or territory of the United States or a foreign country or province shall, without further examination, be granted registration as an interior designer by the Department whenever the requirements of such state or territory of the United States or a foreign country or province were, at the date of registration, certification, or licensure, SB3897 EngrossedEnrolled - 52 - LRB104 18005 AAS 31442 b substantially equal to or greater than the requirements then in force in this State.

The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original registration, SB3897 EngrossedEnrolled - 53 - LRB104 18005 AAS 31442 b renewal, and restoration.

If, after termination or denial, the person seeks registration, the person he or she shall apply to the Department for SB3897 EngrossedEnrolled - 54 - LRB104 18005 AAS 31442 b restoration or issuance of the registration and pay all fees and fines due to the Department.

The Director shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Director may deem proper with regard to any registration, at least 30 days prior to the date set for the hearing, notify the registrant in writing of any charges made and the time and place for a hearing on the charges before the SB3897 EngrossedEnrolled - 55 - LRB104 18005 AAS 31442 b Board.

SB3897 EngrossedEnrolled - 56 - LRB104 18005 AAS 31442 b (a) In case the registrant, after receiving notice, fails to file an answer, the registrant's his registration may, in the discretion of the Director, having first received the recommendation of the Board, be suspended, revoked, placed on probationary status, or the Director may take whatever disciplinary action the Director he may deem proper, including the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.

The Board may advise the Director that probation be granted or that other disciplinary action, including the SB3897 EngrossedEnrolled - 57 - LRB104 18005 AAS 31442 b limitation of the use of the title, be taken, as it deems proper.

Upon suspension, revocation, placement on probationary status, or the taking of any other disciplinary SB3897 EngrossedEnrolled - 58 - LRB104 18005 AAS 31442 b action, including the limiting of the use of the title, deemed proper by the Director with regard to the registration, the registrant shall surrender the his certificate of registration to the Department if ordered to do so by the Department.

8219) SB3897 EngrossedEnrolled - 59 - LRB104 18005 AAS 31442 b (Section scheduled to be repealed on January 1, 2027) Sec.

Any person filing, or attempting to file, as the person's his own the diploma or registration of another, or a forged affidavit of identification or qualification, is guilty of a Class 3 felony, and upon conviction is subject to such fine and imprisonment as is made and provided by the statutes of this SB3897 EngrossedEnrolled - 60 - LRB104 18005 AAS 31442 b State for the crime of forgery.

The copy of the audit report required to be submitted to the Department by this Section is in addition to SB3897 EngrossedEnrolled - 61 - LRB104 18005 AAS 31442 b copies of audit reports required to be submitted to other State officers and agencies by Section 3-14 of the Illinois State Auditing Act.

"Email address of record" means the designated email address of record by the Department in the applicant's application file or registrant's registration file as maintained by the Department's licensure maintenance unit SB3897 EngrossedEnrolled - 62 - LRB104 18005 AAS 31442 b Department.

The Secretary may designate the SB3897 EngrossedEnrolled - 63 - LRB104 18005 AAS 31442 b Secretary's his or her duties under this Act to a designee of the Secretary's his or her choice, including, but not limited to, the Director of Professional Regulation.

(c) For all plans, specifications, or other technical submissions prepared or issued by the registered landscape SB3897 EngrossedEnrolled - 64 - LRB104 18005 AAS 31442 b architect and filed for public record, the registered landscape architect shall affix the registered landscape architect's signature, current date, date of registration expiration, and a form of seal as prescribed by rule.

SB3897 EngrossedEnrolled - 65 - LRB104 18005 AAS 31442 b (c) The registered landscape architect who has contract responsibility shall seal a cover sheet of the technical submissions and those individual portions of the technical submissions for which the registered landscape architect is legally and professionally responsible.

and (2) inform the Department of any change of address of SB3897 EngrossedEnrolled - 66 - LRB104 18005 AAS 31442 b record or email address of record within 14 days after the such change, either through the Department's website or by contacting the Department's licensure maintenance unit Department.

(c) In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and SB3897 EngrossedEnrolled - 67 - LRB104 18005 AAS 31442 b organizations of the landscape architecture profession.

SB3897 EngrossedEnrolled - 68 - LRB104 18005 AAS 31442 b (Source:

(a) The Department may issue a registration as a landscape architect to an applicant who submits a valid application accompanied by the required fee and is a landscape architect licensed, or registered, certified, or otherwise authorized under the laws of another state, the District of Columbia, a territory of the United States, or a foreign country if the requirements for licensure, registration, or certification, or SB3897 EngrossedEnrolled - 69 - LRB104 18005 AAS 31442 b authorization in that other jurisdiction were, on the date of original licensure, registration, or certification, substantially equivalent to the requirements then in force in this State.

(a) The expiration date and renewal period for each certificate of registration issued under this Act shall be SB3897 EngrossedEnrolled - 70 - LRB104 18005 AAS 31442 b established by rule.

(c) A registered landscape architect whose registration expired while engaged (1) in federal service on active duty with the Armed Forces of the United States or the State Militia called into service or training or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have a registration restored or reinstated without paying any lapsed reinstatement, renewal, or restoration fees if, within 2 years after termination, other than by dishonorable discharge, of such service, training, or education, and the Department is SB3897 EngrossedEnrolled - 71 - LRB104 18005 AAS 31442 b furnished with satisfactory evidence that the registrant has been so engaged in the practice of landscape architecture and that such service, training, or education has been so terminated.

(a) A person registered under this Act who notifies the Department in writing on forms or electronically as prescribed by the Department may elect to place the person's his or her registration on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until the person he or she notifies the Department in writing on SB3897 EngrossedEnrolled - 72 - LRB104 18005 AAS 31442 b forms or electronically as prescribed by the Department of the person's his or her desire to resume active status.

Moneys in the Fund may be transferred to the Professions Indirect Cost Fund as authorized by Section 2105-300 of the Department of SB3897 EngrossedEnrolled - 73 - LRB104 18005 AAS 31442 b Professional Regulation Law of the Civil Administrative Code of Illinois.

(b) Whoever holds oneself himself or herself out as a "registered landscape architect", "landscape architect", or any other name or designation that would in any way imply that the person he or she is able to use the title "registered SB3897 EngrossedEnrolled - 74 - LRB104 18005 AAS 31442 b landscape architect" or "landscape architect" without being registered under this Act shall be guilty of a Class A misdemeanor, and for each subsequent conviction shall be guilty of a Class 4 felony.

8-6-21.) SB3897 EngrossedEnrolled - 75 - LRB104 18005 AAS 31442 b (225 ILCS 316/85) (Section scheduled to be repealed on January 1, 2027) Sec.

SB3897 EngrossedEnrolled - 76 - LRB104 18005 AAS 31442 b (5) Professional incompetence or gross negligence in the rendering of landscape architectural services.

(12) A finding by the Department that the registrant, after having the registration placed on probationary SB3897 EngrossedEnrolled - 77 - LRB104 18005 AAS 31442 b status, has violated or failed to comply with the terms of probation.

(18) Signing, affixing, or allowing the registered landscape architect's seal to be affixed to any plans not prepared by the registered landscape architect or under SB3897 EngrossedEnrolled - 78 - LRB104 18005 AAS 31442 b the registered landscape architect's supervision.

(c) The determination or entry of a decree by any circuit court establishing that any person holding a certificate of SB3897 EngrossedEnrolled - 79 - LRB104 18005 AAS 31442 b registration under this Act is a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code shall operate as a suspension of that registration.

The SB3897 EngrossedEnrolled - 80 - LRB104 18005 AAS 31442 b record may be made available to any person interested in the hearing upon payment of the fee required by Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

Within 20 days after such SB3897 EngrossedEnrolled - 81 - LRB104 18005 AAS 31442 b service, the applicant or registrant may present to the Department a motion, in writing, for a rehearing which shall specify the particular grounds for rehearing.

8-6-21.) SB3897 EngrossedEnrolled - 82 - LRB104 18005 AAS 31442 b Section 30.

"Community association" means an association in which membership is a condition of ownership or shareholder interest of a unit in a condominium, cooperative, townhouse, villa, or other residential unit which is part of a residential development plan and that is authorized to impose an SB3897 EngrossedEnrolled - 83 - LRB104 18005 AAS 31442 b assessment, rents, or other costs that may become a lien on the unit or lot.

SB3897 EngrossedEnrolled - 84 - LRB104 18005 AAS 31442 b (B) preparing budgets or other financial documents for the community association;

and (2) is the authorized signatory or has delegated signing SB3897 EngrossedEnrolled - 85 - LRB104 18005 AAS 31442 b authority for the firm on community association accounts;

(1) Any director or officer of a community association providing one or more of the services of a community association manager to a community association without SB3897 EngrossedEnrolled - 86 - LRB104 18005 AAS 31442 b compensation for such services to the association.

SB3897 EngrossedEnrolled - 87 - LRB104 18005 AAS 31442 b (c) (Blank).

SB3897 EngrossedEnrolled - 88 - LRB104 18005 AAS 31442 b (5) Is of good moral character.

SB3897 EngrossedEnrolled - 89 - LRB104 18005 AAS 31442 b (1) juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;

(i) any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or SB3897 EngrossedEnrolled - 90 - LRB104 18005 AAS 31442 b any similar offense or offenses or any conviction of a felony involving moral turpitude;

(2) The fidelity or crime insurance is in the maximum amount of coverage available to protect funds in the custody or control of the designated community association SB3897 EngrossedEnrolled - 91 - LRB104 18005 AAS 31442 b manager or community association management firm providing service to the association.

The designated community association manager, all other licensees, and the community association management firm must be named as SB3897 EngrossedEnrolled - 92 - LRB104 18005 AAS 31442 b additional insured parties on the community association policy.

The designated community SB3897 EngrossedEnrolled - 93 - LRB104 18005 AAS 31442 b association manager or the community association management firm shall provide a current certificate of general liability and errors and omissions insurance to the community association for which it provides community association management services within 10 days of a request for such certificate by the community association for its records.

The Department may promulgate rules requiring pre-license or continuing education and set all necessary requirements for SB3897 EngrossedEnrolled - 94 - LRB104 18005 AAS 31442 b such, including, but not limited to, fees.

Any licensee who has an expired license may have the license restored by applying to the Department and filing proof acceptable to the Department of fitness to have the expired license restored, which may SB3897 EngrossedEnrolled - 95 - LRB104 18005 AAS 31442 b include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, complying with any continuing education requirements, and paying the required restoration fee.

(e) A community association manager or community SB3897 EngrossedEnrolled - 96 - LRB104 18005 AAS 31442 b association management firm requesting that the license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements.

1-1-24.) SB3897 EngrossedEnrolled - 97 - LRB104 18005 AAS 31442 b (225 ILCS 427/75) (Section scheduled to be repealed on January 1, 2027) Sec.

refusal, revocation, or SB3897 EngrossedEnrolled - 98 - LRB104 18005 AAS 31442 b suspension.

SB3897 EngrossedEnrolled - 99 - LRB104 18005 AAS 31442 b (5) Professional incompetence.

(12) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or SB3897 EngrossedEnrolled - 100 - LRB104 18005 AAS 31442 b association any fee, commission, rebate, or other form of compensation for any services not actually or personally rendered.

(19) Practicing or attempting to practice under a name other than the full name as shown on the license or any SB3897 EngrossedEnrolled - 101 - LRB104 18005 AAS 31442 b other legally authorized name unless approved by the Department.

(26) Purporting to be a designated community SB3897 EngrossedEnrolled - 102 - LRB104 18005 AAS 31442 b association manager of a firm without active participation in the firm and having been designated as such.

or (B) receives or may receive dividends or other profit sharing SB3897 EngrossedEnrolled - 103 - LRB104 18005 AAS 31442 b distributions from a third party, other than a publicly held or traded company, to which it refers the community association.

(e) In accordance with subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation Law of SB3897 EngrossedEnrolled - 104 - LRB104 18005 AAS 31442 b the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) and 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, 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.

(a) The Department may adopt rules to permit the issuance SB3897 EngrossedEnrolled - 105 - LRB104 18005 AAS 31442 b of citations to any licensee for failure to comply with the continuing education requirements set forth in this Act or as established by rule.

If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited SB3897 EngrossedEnrolled - 106 - LRB104 18005 AAS 31442 b licensee a hearing conducted in the same manner as a hearing provided for in this Act for any violation of this Act and shall determine whether the cited licensee committed the violation as charged and whether the fine as levied is warranted.

(a) When there has been an adjudication in a civil or criminal proceeding that a community association manager or community association management firm has illegally SB3897 EngrossedEnrolled - 107 - LRB104 18005 AAS 31442 b discriminated while engaged in any activity for which a license is required under this Act, the Department, following the provision of notice to the licensee and a hearing conducted in accordance with Section 95 and upon the recommendation of the Board as to the extent of the suspension or revocation, shall suspend or revoke the license of that licensee in a timely manner, unless the adjudication is in the appeal process.

1-1-22.) (225 ILCS 427/95) SB3897 EngrossedEnrolled - 108 - LRB104 18005 AAS 31442 b (Section scheduled to be repealed on January 1, 2027) Sec.

The Department shall serve notice under this Section by regular or electronic mail to the person's most recent last SB3897 EngrossedEnrolled - 109 - LRB104 18005 AAS 31442 b address of record or email address of record as provided to the Department.

At the discretion of the Secretary after having first received the recommendation of the Board, the person's license SB3897 EngrossedEnrolled - 110 - LRB104 18005 AAS 31442 b may be suspended, revoked, or placed on probationary status or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine if the act or acts charged constitute sufficient grounds for that action under this Act.

The Board shall have 90 days from receipt of the hearing officer's report to review the report of the hearing officer SB3897 EngrossedEnrolled - 111 - LRB104 18005 AAS 31442 b and present the Board's findings of fact, conclusions of law, and recommendations to the Secretary.

If the Board fails to issue its findings of fact, conclusions of law, and recommendations within that time frame to the Secretary after the entry of such order, the Secretary shall, within 30 calendar days thereafter, issue an order SB3897 EngrossedEnrolled - 112 - LRB104 18005 AAS 31442 b based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.

SB3897 EngrossedEnrolled - 113 - LRB104 18005 AAS 31442 b (225 ILCS 430/3) (from Ch.

SB3897 EngrossedEnrolled - 114 - LRB104 18005 AAS 31442 b If an applicant neglects, fails without an approved excuse or refuses to take the next available examination for a license under this Act, the fee paid by the applicant shall be forfeited and the application denied.

1-1-12.) SB3897 EngrossedEnrolled - 115 - LRB104 18005 AAS 31442 b (225 ILCS 430/11) (from Ch.

2414) (Section scheduled to be repealed on January 1, 2027) SB3897 EngrossedEnrolled - 116 - LRB104 18005 AAS 31442 b Sec.

A change of SB3897 EngrossedEnrolled - 117 - LRB104 18005 AAS 31442 b business location without notification to the Department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.

SB3897 EngrossedEnrolled - 118 - LRB104 18005 AAS 31442 b (4) Making any misrepresentation for the purpose of obtaining licensure or violating any provision of this Act or the rules adopted under this Act pertaining to advertising.

(12) Discipline by another state, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this SB3897 EngrossedEnrolled - 119 - LRB104 18005 AAS 31442 b Section.

SB3897 EngrossedEnrolled - 120 - LRB104 18005 AAS 31442 b (b) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, or pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.

The suspension will SB3897 EngrossedEnrolled - 121 - LRB104 18005 AAS 31442 b end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient.

A person holding a license under this Act or who has applied for a license under this Act who, because of a physical SB3897 EngrossedEnrolled - 122 - LRB104 18005 AAS 31442 b or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.

SB3897 EngrossedEnrolled - 123 - LRB104 18005 AAS 31442 b An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice may resume in compliance with acceptable and prevailing standards under the provisions of the his or her license.

At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent SB3897 EngrossedEnrolled - 124 - LRB104 18005 AAS 31442 b statements, testimony, evidence, and arguments.

(b) Any circuit court, upon the application of the SB3897 EngrossedEnrolled - 125 - LRB104 18005 AAS 31442 b licensee or the Department, may order the attendance and testimony of witnesses and the production of relevant documents, files, records, books, and papers in connection with any hearing or investigation.

If, after the expiration of SB3897 EngrossedEnrolled - 126 - LRB104 18005 AAS 31442 b 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing.

and (b) satisfactory proof that the requirements for the SB3897 EngrossedEnrolled - 127 - LRB104 18005 AAS 31442 b licensing of examiner Examiners in such particular state or territory of the United States were, at the date of licensing, substantially equivalent to the requirements then in force in this State;

SB3897 EngrossedEnrolled - 128 - LRB104 18005 AAS 31442 b "Department" means the Department of Financial and Professional Regulation.

"Home inspector entity" means any corporation, SB3897 EngrossedEnrolled - 129 - LRB104 18005 AAS 31442 b partnership, or limited liability company that provides home inspection services.

SB3897 EngrossedEnrolled - 130 - LRB104 18005 AAS 31442 b (Source:

(1) any person who is employed as a code enforcement official by the State of Illinois or any unit of local government, while acting within the scope of that SB3897 EngrossedEnrolled - 131 - LRB104 18005 AAS 31442 b government employment;

1-1-22.) (225 ILCS 441/5-12) SB3897 EngrossedEnrolled - 132 - LRB104 18005 AAS 31442 b (Section scheduled to be repealed on January 1, 2027) Sec.

SB3897 EngrossedEnrolled - 133 - LRB104 18005 AAS 31442 b (a) The expiration date and renewal period for a home inspector license issued under this Act shall be set by rule.

(b-5) A home inspector whose license has been lapsed or expired for more than 2 years but less than 5 years may restore the license without examination by (i) applying to the Department, (ii) providing evidence of the successful completion of all hours of approved continuing education during the lapsed time periods prior to the date of the application, (iii) paying the required fees, and (iv) SB3897 EngrossedEnrolled - 134 - LRB104 18005 AAS 31442 b satisfying any other requirements as established by rule.

(e) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a SB3897 EngrossedEnrolled - 135 - LRB104 18005 AAS 31442 b disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.

1-1-24.) SB3897 EngrossedEnrolled - 136 - LRB104 18005 AAS 31442 b (225 ILCS 441/5-20) (Section scheduled to be repealed on January 1, 2027) Sec.

SB3897 EngrossedEnrolled - 137 - LRB104 18005 AAS 31442 b (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation upon any licensee or applicant under this Act or any person or entity who holds oneself out as an applicant or licensee, for any one or combination of the following:

(5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or SB3897 EngrossedEnrolled - 138 - LRB104 18005 AAS 31442 b with the intent to substantially injure another person.

SB3897 EngrossedEnrolled - 139 - LRB104 18005 AAS 31442 b (12) Developing home inspection opinions or conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, military status, unfavorable discharge from military status, sexual orientation, order of protection status, pregnancy, or any other protected class as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under home inspection.

(17) Failing to include within the home inspection report the home inspector's license number and the date of SB3897 EngrossedEnrolled - 140 - LRB104 18005 AAS 31442 b expiration of the license.

(22) Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use SB3897 EngrossedEnrolled - 141 - LRB104 18005 AAS 31442 b or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug, which may result in significant harm to the public.

(ii) advertising that contains a misrepresentation of facts or false statements regarding the licensee's SB3897 EngrossedEnrolled - 142 - LRB104 18005 AAS 31442 b professional achievements, degrees, training, skills, or qualifications in the home inspection profession or any other profession requiring licensure;

(b) The Department may suspend, revoke, or refuse to issue or renew an education provider's license, may reprimand, place on probation, or otherwise discipline an education provider licensee, and may suspend or revoke the course approval of any SB3897 EngrossedEnrolled - 143 - LRB104 18005 AAS 31442 b course offered by an education provider, for any of the following:

(8) Failing to provide an appropriate classroom environment for presentation of courses, with consideration for student comfort, acoustics, lighting, SB3897 EngrossedEnrolled - 144 - LRB104 18005 AAS 31442 b seating, workspace, and visual aid material.

(f) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a SB3897 EngrossedEnrolled - 145 - LRB104 18005 AAS 31442 b potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, 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.

SB3897 EngrossedEnrolled - 146 - LRB104 18005 AAS 31442 b (Source:

If the cited licensee does not request a hearing within 30 days after the citation is served, SB3897 EngrossedEnrolled - 147 - LRB104 18005 AAS 31442 b then the citation shall become a final, non-disciplinary order shall be entered, and any fine imposed is due and payable within 30 60 days after the entry of that final order.

1-1-22.) (225 ILCS 441/15-11) SB3897 EngrossedEnrolled - 148 - LRB104 18005 AAS 31442 b (Section scheduled to be repealed on January 1, 2027) Sec.

The finding of the administrative order is a matter of record and the merits SB3897 EngrossedEnrolled - 149 - LRB104 18005 AAS 31442 b of the finding shall not be challenged in a request for a hearing by the licensee.

In case the person, after receiving SB3897 EngrossedEnrolled - 150 - LRB104 18005 AAS 31442 b the notice, fails to file an answer, the license, may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act.

If the person orders from the reporting service and pays for a transcript of the record within the time SB3897 EngrossedEnrolled - 151 - LRB104 18005 AAS 31442 b for filing a motion for rehearing, then the 20-day period during which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

"Accredited college or university, junior college, or community college" means a college or university, junior college, or community college that is approved or accredited by the Board of Higher Education, a regional or national accreditation association, or by an accrediting agency that is SB3897 EngrossedEnrolled - 152 - LRB104 18005 AAS 31442 b recognized by the U.S.

(2) provides appraisal management services in connection with valuing the consumer's principal dwelling as security for a consumer credit transaction (including consumer SB3897 EngrossedEnrolled - 153 - LRB104 18005 AAS 31442 b credit transactions incorporated into securitizations);

"Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council as SB3897 EngrossedEnrolled - 154 - LRB104 18005 AAS 31442 b established by Title XI.

SB3897 EngrossedEnrolled - 155 - LRB104 18005 AAS 31442 b "Broker price opinion" means an estimate or analysis of the 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 comparative market analysis if no compensation is paid to the SB3897 EngrossedEnrolled - 156 - LRB104 18005 AAS 31442 b broker or managing broker, other than compensation based upon the sale or rental of real estate.

"Financial institution" means any bank, savings bank, savings and loan association, credit union, mortgage broker, SB3897 EngrossedEnrolled - 157 - LRB104 18005 AAS 31442 b mortgage banker, licensee under the Consumer Installment Loan Act or the Sales Finance Agency Act, or a corporate fiduciary, subsidiary, affiliate, parent company, or holding company of any such licensee, or any institution involved in real estate financing that is regulated by state or federal law.

(1) the sale, lease, purchase, investment in, or exchange of real property, including interests in property SB3897 EngrossedEnrolled - 158 - LRB104 18005 AAS 31442 b or the financing thereof;

"Supervising appraiser" means either (i) an appraiser who holds a valid license under this Act as either a State certified general real estate appraiser or a State certified SB3897 EngrossedEnrolled - 159 - LRB104 18005 AAS 31442 b residential real estate appraiser, who co-signs an appraisal report for an associate real estate trainee appraiser or (ii) a State certified general real estate appraiser who holds a valid license under this Act who co-signs an appraisal report for a State certified residential real estate appraiser on properties other than one to 4 units of residential real property without regard to transaction value or complexity.

Except as otherwise provided in subsections (b) and (f) of this Section, the holder of a license may renew the license within 90 days SB3897 EngrossedEnrolled - 160 - LRB104 18005 AAS 31442 b preceding the expiration date by:

SB3897 EngrossedEnrolled - 161 - LRB104 18005 AAS 31442 b (1) completing and submitting to the Department, or through a multi-state licensing system as designated by the Secretary, a renewal application form as provided by the Department;

(2) serving as the Coordinator or an employee of the Department who was required to surrender the license SB3897 EngrossedEnrolled - 162 - LRB104 18005 AAS 31442 b during the term of employment.

1-1-24.) SB3897 EngrossedEnrolled - 163 - LRB104 18005 AAS 31442 b (225 ILCS 458/5-30) (Section scheduled to be repealed on January 1, 2027) Sec.

(a) The Department may suspend, revoke, refuse to issue, renew, or restore a license and may reprimand, place on probation or administrative supervision, or take any disciplinary or non-disciplinary action, including imposing conditions limiting the scope, nature, or extent of the real SB3897 EngrossedEnrolled - 164 - LRB104 18005 AAS 31442 b estate appraisal practice of a licensee or reducing the appraisal rank of a licensee, and may impose an administrative fine not to exceed $25,000 for each violation upon a licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee for any one or combination of the following:

(5) Committing an act or omission involving SB3897 EngrossedEnrolled - 165 - LRB104 18005 AAS 31442 b dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.

(11) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser SB3897 EngrossedEnrolled - 166 - LRB104 18005 AAS 31442 b reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.

(16) Engaging in misleading or untruthful advertising SB3897 EngrossedEnrolled - 167 - LRB104 18005 AAS 31442 b or using a trade name or insignia of membership in a real estate appraisal or real estate organization of which the licensee is not a member.

(20) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a licensee's inability to practice with reasonable judgment, skill, or safety that SB3897 EngrossedEnrolled - 168 - LRB104 18005 AAS 31442 b may result in significant harm to the public.

(b) The Department may reprimand, suspend, revoke, or refuse to issue or renew an education provider's license, may reprimand, place on probation, or otherwise discipline an education provider, and may suspend or revoke the course SB3897 EngrossedEnrolled - 169 - LRB104 18005 AAS 31442 b approval of any course offered by an education provider and may impose an administrative fine not to exceed $25,000 upon an education provider, for any of the following:

(8) Failing to provide an appropriate classroom environment for presentation of courses, with SB3897 EngrossedEnrolled - 170 - LRB104 18005 AAS 31442 b consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.

revised 6-24-25.) SB3897 EngrossedEnrolled - 171 - LRB104 18005 AAS 31442 b (225 ILCS 458/15-10.1) (Section scheduled to be repealed on January 1, 2027) Sec.

If the cited licensee does not request a hearing within 30 days after the citation is served, then the citation shall become a final, non-disciplinary order SB3897 EngrossedEnrolled - 172 - LRB104 18005 AAS 31442 b shall be entered, and any fine imposed is due and payable within 30 60 days after the entry of that final order.

1-1-22.) (225 ILCS 458/15-11) (Section scheduled to be repealed on January 1, 2027) SB3897 EngrossedEnrolled - 173 - LRB104 18005 AAS 31442 b Sec.

1-1-22.) SB3897 EngrossedEnrolled - 174 - LRB104 18005 AAS 31442 b (225 ILCS 458/15-15) (Section scheduled to be repealed on January 1, 2027) Sec.

For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's SB3897 EngrossedEnrolled - 175 - LRB104 18005 AAS 31442 b supervising appraiser of record at the supervising appraiser's most recent address of record or email address of record as provided to the Department.

The SB3897 EngrossedEnrolled - 176 - LRB104 18005 AAS 31442 b Department may continue such hearing from time to time.

If the Board fails to present its findings of fact, conclusions of law, and recommendations within the 60-day period, the Department may request in writing a direct appeal to the Secretary, in which case the Secretary may issue an order based upon the report of the hearing officer and the SB3897 EngrossedEnrolled - 177 - LRB104 18005 AAS 31442 b record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.

Notwithstanding any other provision of this Section, if the Secretary, upon review, determines that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license or any other disciplinary action taken as a result of the entry of the hearing officer's SB3897 EngrossedEnrolled - 178 - LRB104 18005 AAS 31442 b report, the Secretary may order a rehearing by the Board or other special committee appointed by the Secretary or may remand the matter to the Board for its reconsideration of the matter based on the pleadings and evidence presented to the Board.

(e) The Department has the power to issue subpoenas and subpoenas duces tecum to bring before it any person in this SB3897 EngrossedEnrolled - 179 - LRB104 18005 AAS 31442 b 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 courts of this State.

(i) The Department, at its expense, shall preserve a record of all formal hearings of any contested case involving SB3897 EngrossedEnrolled - 180 - LRB104 18005 AAS 31442 b the discipline of a license.

(3) Four appointed members shall have been actively engaged and currently licensed as State certified general SB3897 EngrossedEnrolled - 181 - LRB104 18005 AAS 31442 b real estate appraisers for a period of not less than 5 years.

SB3897 EngrossedEnrolled - 182 - LRB104 18005 AAS 31442 b In making the appointments as provided in paragraph (5) of this subsection, the Governor shall give due consideration to the recommendations by members and organizations representing the real estate industry.

(f) The Board shall, annually at the first meeting of the SB3897 EngrossedEnrolled - 183 - LRB104 18005 AAS 31442 b fiscal year, elect a Chairperson and Vice-Chairperson from its members.

The Secretary shall give due consideration to the SB3897 EngrossedEnrolled - 184 - LRB104 18005 AAS 31442 b recommendations of the Board involving discipline and questions involving standards of professional conduct of licensees.

SB3897 EngrossedEnrolled - 185 - LRB104 18005 AAS 31442 b (n) If the Department disagrees with any advice or recommendation provided by the Board under this Section to the Secretary or the Department, then notice of such disagreement must be provided to the Board by the Department.

"Appraisal firm" means an appraisal entity that is 100% owned and controlled by a person or persons licensed in Illinois as a certified general real estate appraiser or a SB3897 EngrossedEnrolled - 186 - LRB104 18005 AAS 31442 b certified residential real estate appraiser.

(2) contracting with State-certified or State-licensed SB3897 EngrossedEnrolled - 187 - LRB104 18005 AAS 31442 b appraisers to perform appraisal assignments;

SB3897 EngrossedEnrolled - 188 - LRB104 18005 AAS 31442 b "Appraisal practice service" means valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal or appraisal review.

(A) enter into a contractual relationship with a client for the performance of an appraisal management SB3897 EngrossedEnrolled - 189 - LRB104 18005 AAS 31442 b service or appraisal practice service;

SB3897 EngrossedEnrolled - 190 - LRB104 18005 AAS 31442 b "Federally regulated appraisal management company" means an appraisal management company that is owned and controlled by an insured depository institution, as defined in 12 U.S.C.

"Person" means individuals, entities, sole proprietorships, corporations, limited liability companies, SB3897 EngrossedEnrolled - 191 - LRB104 18005 AAS 31442 b and alien, foreign, or domestic partnerships, except that when the context otherwise requires, the term may refer to a single individual or other described entity.

(1) the sale, lease, purchase, investment in, or exchange of real property, including interests in property SB3897 EngrossedEnrolled - 192 - LRB104 18005 AAS 31442 b or the financing thereof;

SB3897 EngrossedEnrolled - 193 - LRB104 18005 AAS 31442 b (a) Nothing in this Act shall apply to any of the following:

(5) an appraiser that enters into an agreement, whether written or otherwise, with another appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal, except that an appraisal management company may not avoid the requirement of registration under this Act by requiring an employee of the appraisal management company who is an appraiser to SB3897 EngrossedEnrolled - 194 - LRB104 18005 AAS 31442 b sign an appraisal that was completed by another appraiser who is part of the appraisal panel of the appraisal management company;

(b) A federally regulated appraisal management company shall register with the Department for the sole purpose of collecting required information for, and to pay all fees associated with, the State of Illinois' obligation to register the federally regulated appraisal management company with the Appraisal Management Companies National Registry, but the federally regulated appraisal management company is otherwise SB3897 EngrossedEnrolled - 195 - LRB104 18005 AAS 31442 b exempt from all other provisions in this Act.

If an application is denied, SB3897 EngrossedEnrolled - 196 - LRB104 18005 AAS 31442 b the applicant may, within 20 days after the date of the notice of denial, make a written request to the Secretary for a hearing on the application, and the Secretary shall set a time and place for the hearing.

SB3897 EngrossedEnrolled - 197 - LRB104 18005 AAS 31442 b Any registrant whose registration has expired for more than 5 years may have it restored by making an application to the Department, paying the required fee, and filing acceptable proof of fitness to have the registration restored as set by rule.

SB3897 EngrossedEnrolled - 198 - LRB104 18005 AAS 31442 b The Department may establish a fee for the processing of an application for restoration of a registration to pay all expenses of processing this application.

(3) Conviction of, or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which an essential element is SB3897 EngrossedEnrolled - 199 - LRB104 18005 AAS 31442 b dishonesty, or any crime that is directly related to the practice of the profession.

SB3897 EngrossedEnrolled - 200 - LRB104 18005 AAS 31442 b (12) Willfully making or filing false records or reports in the registrant's practice, including, but not limited to, false records filed with State agencies or departments.

(b) The Department may refuse to issue or may suspend without hearing as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois the registration of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax, SB3897 EngrossedEnrolled - 201 - LRB104 18005 AAS 31442 b penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

revised 6-24-25.) (225 ILCS 459/75) SB3897 EngrossedEnrolled - 202 - LRB104 18005 AAS 31442 b Sec.

In case the person, after receiving the notice, fails to file an answer, the SB3897 EngrossedEnrolled - 203 - LRB104 18005 AAS 31442 b person's registration may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.

8-26-11.) (225 ILCS 459/110) SB3897 EngrossedEnrolled - 204 - LRB104 18005 AAS 31442 b Sec.

(a) No person or entity acting in the capacity of an appraisal management company shall improperly influence or attempt to improperly influence the development, reporting, result, or review of any appraisal by engaging, without SB3897 EngrossedEnrolled - 205 - LRB104 18005 AAS 31442 b limitation, in any of the following:

(8) Requiring an appraiser to sign any sort of indemnification agreement that would require the appraiser SB3897 EngrossedEnrolled - 206 - LRB104 18005 AAS 31442 b to defend and hold harmless the appraisal management company or any of its agents, employees, or independent contractors for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.

SB3897 EngrossedEnrolled - 207 - LRB104 18005 AAS 31442 b (1) permanently or temporarily removing the appraiser's signature or seal;

This Act takes effect upon SB3897 EngrossedEnrolled - 208 - LRB104 18005 AAS 31442 b becoming law.