HB 4950 — REAL ESTATE-VARIOUS

(b)(1) Every voucher or corresponding balancing report, as submitted by the agency or office in which it originates, shall bear (i) the signature of the officer responsible for approving and certifying vouchers under this Act and (ii) if authority to sign the responsible officer's name has been HB4950 - 4 - LRB104 19990 AAS 33441 b properly delegated, also the signature of the person actually signing the voucher.

(2) When an officer delegates authority to approve and certify vouchers, he shall send a copy of such authorization containing the signature of the person to whom delegation is made to each office that checks or approves such vouchers and to the State Comptroller.

Such delegation may be general or limited.

If the delegation is limited, the authorization shall designate the particular types of vouchers that the person is authorized to approve and certify.

(3) When any delegation of authority hereunder is revoked, a copy of the revocation of authority shall be sent to the Comptroller and to each office to which a copy of the authorization was sent.

The Comptroller may require State agencies to maintain signature documents and records of delegations of voucher signature authority and revocations of those delegations, instead of transmitting those documents to the Comptroller.

The Comptroller may inspect such documents and records at any time.

(c) The Comptroller may authorize the submission of vouchers through electronic transmissions, on magnetic tape, or otherwise.

(Source:

P.A.

101-34, eff.

6-28-19;

101-359, eff.

8-9-19;

102-558, eff.

8-20-21.) HB4950 - 5 - LRB104 19990 AAS 33441 b Section 10.

such title to be approved by the Attorney General, and his approval certified by the Secretary of State and placed on record in his office, shall be deemed guilty of a HB4950 Engrossed - 2 - LRB104 19990 AAS 33441 b Class A misdemeanor.

(b) Approval of title by the Attorney General for all lands needed for a public work or improvement shall not be required as established under subsection (a) of this Section and the State Comptroller may draw warrant in payment of HB4950 - 6 - LRB104 19990 AAS 33441 b consideration for all such lands without requiring approval of title by the Attorney General if consideration to be paid does not exceed $25,000 and the title acquired for such lands is for:

(c) This Section does not apply to any otherwise lawful expenditures for the construction, completion, remodeling, maintenance and equipment of buildings and other facilities made in connection with and upon premises owned by the Illinois Building Authority, nor shall this Section apply to improvements to real estate leased by any State agency as defined in the Illinois State Auditing Act, provided the HB4950 Engrossed - 3 - LRB104 19990 AAS 33441 b leasehold improvements were contracted for by an agency with leasing authority and in compliance with the rules and regulations promulgated by such agency for that purpose.

(d) Notwithstanding subsection (a), the Department of Transportation may proceed with bidding or awarding a contract HB4950 - 7 - LRB104 19990 AAS 33441 b or any construction activities once it has complied with the requirements for conditional certification under 23 CFR 635.309(c)(3).

1-1-25.) Section 15.10.

The Real Estate Appraiser Licensing Act of 2002 is amended by changing Sections 1-10,1-10 5-5, 5-30, 15-10, 15-10.1, 15-11, 15-15, and 25-105-5 as follows:

As used in this Act, unless the HB4950 Engrossed - 4 - LRB104 19990 AAS 33441 b context otherwise requires:

"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 HB4950 - 8 - LRB104 19990 AAS 33441 b accreditation association, or by an accrediting agency that is recognized by the U.S.

"Appraisal management company" means any corporation, limited liability company, partnership, sole proprietorship, HB4950 Engrossed - 5 - LRB104 19990 AAS 33441 b subsidiary, unit, or other business entity that directly or indirectly:

(2) provides appraisal management services in connection with valuing the consumer's principal dwelling as HB4950 - 9 - LRB104 19990 AAS 33441 b security for a consumer credit transaction (including consumer credit transactions incorporated into securitizations);

HB4950 Engrossed - 6 - LRB104 19990 AAS 33441 b "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal, appraisal review, or appraisal assignment.

"Appraisal Subcommittee" means the Appraisal Subcommittee HB4950 - 10 - LRB104 19990 AAS 33441 b of the Federal Financial Institutions Examination Council as established by Title XI.

"Automated valuation model" means an automated system that HB4950 Engrossed - 7 - LRB104 19990 AAS 33441 b is used to derive a property value through the use of available property records and various analytic methodologies such as comparable sales prices, home characteristics, and price changes.

"Board" means the Real Estate Appraisal Administration and HB4950 - 11 - LRB104 19990 AAS 33441 b Disciplinary Board.

"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 HB4950 Engrossed - 8 - LRB104 19990 AAS 33441 b 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 HB4950 - 12 - LRB104 19990 AAS 33441 b 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.

HB4950 Engrossed - 9 - LRB104 19990 AAS 33441 b "Federally related transaction" means any real estate-related financial transaction in which a federal financial institutions regulatory agency engages in, contracts for, or regulates and requires the services of an appraiser.

"Financial institution" means any bank, savings bank, HB4950 - 13 - LRB104 19990 AAS 33441 b savings and loan association, credit union, mortgage broker, 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.

HB4950 Engrossed - 10 - LRB104 19990 AAS 33441 b "Real estate" means an identified parcel or tract of land, including any improvements.

(1) the sale, lease, purchase, investment in, or HB4950 - 14 - LRB104 19990 AAS 33441 b exchange of real property, including interests in property or the financing thereof;

"State certified residential real estate appraiser" means an appraiser who holds a license of this classification under this Act and such classification applies to the appraisal of one to 4 units of residential real property without regard to transaction value or complexity, but with restrictions as to HB4950 Engrossed - 11 - LRB104 19990 AAS 33441 b the scope of practice in a federally related transaction in accordance with Title XI, the provisions of USPAP, criteria established by the AQB, and further defined by rule.

"Supervising appraiser" means either (i) an appraiser who holds a valid license under this Act as either a State HB4950 - 15 - LRB104 19990 AAS 33441 b certified general real estate appraiser or a State certified 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.

"Waiver valuation" means a valuation prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, or pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs regulations under 49 CFR Part 2424, thatwhich is not an appraisal orand HB4950 Engrossed - 12 - LRB104 19990 AAS 33441 b may not be represented asto be an appraisal.

1-1-24.) (225 ILCS 458/5-5) HB4950 - 16 - LRB104 19990 AAS 33441 b (Section scheduled to be repealed on January 1, 2027) Sec.

(b) It is unlawful for a person, other than a person who holds a valid license issued pursuant to this Act as a State HB4950 Engrossed - 13 - LRB104 19990 AAS 33441 b certified general real estate appraiser, a State certified residential real estate appraiser, or an associate real estate trainee appraiser to use these titles or any other title, designation, or abbreviation likely to create the impression that the person is licensed as a real estate appraiser HB4950 - 17 - LRB104 19990 AAS 33441 b pursuant to this Act.

(e) This Act does not apply to a county assessor, township assessor, multi-township assessor, county supervisor of assessments, or any deputy or employee of any county assessor, township assessor, multi-township assessor, or county HB4950 Engrossed - 14 - LRB104 19990 AAS 33441 b supervisor of assessments in performance of respective duties in accordance with the provisions of the Property Tax Code.

(e-5) For the purposes of this Act, waiver valuations valuation waivers may be prepared by a licensed appraiser notwithstanding any other provision of this Act, and the HB4950 - 18 - LRB104 19990 AAS 33441 b following types of valuations are not appraisals and may not be represented to be appraisals, and a license or certification is not required under this Act to perform such valuations if the valuations are created in one of the following manners:

(3) an employee of a municipality who has (i) completed a minimum of 45 hours of coursework in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and (ii) has either 2 HB4950 Engrossed - 15 - LRB104 19990 AAS 33441 b years' experience in a field clearly related to real estate or has completed 20 hours of additional coursework that is sufficient for a person to complete waiver valuations as approved by the Federal Highway Administration;

or (4) a municipal engineer who has completed coursework that is HB4950 - 19 - LRB104 19990 AAS 33441 b sufficient for waiver valuations to be approved by the Federal Highway Administration and who is a registered professional engineer under the Professional Engineering Act of 1989, under the following circumstances:

(1) an employee of the Illinois Department of Transportation who is a registered professional engineer under the Professional Engineering Practice Act of 1989 or an employee of the Illinois Department of Transportation whothat is and co-signed, with a license number affixed, by another employee of the Illinois Department of Transportation and who is a registered professional engineer under the Professional Engineering Practice Act of 1989, with a license number affixed;

(2) an employee of the Illinois Department of Transportation or an employee of a consultant or subconsultant under contract to provide land acquisition services to the Illinois Department of Transportation who has at least 2 years of experience HB4950 Engrossed - 2016 - LRB104 19990 AAS 33441 b in(2) a fieldperson closelywho: related to real estate and who has completed a minimum of 45 hours of course work in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs;

(i) has at least 2 years' experience in a field closely related to real estate;

(ii) has completed a minimum of 45 hours of course work in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, or appraisal review for federal aid highway programs;

and (iii) is an employee of the Illinois Department of Transportation or an employee of a consultant or subconsultant under contract to provide land acquisition services to the Illinois Department of Transportation;

(5) or (2) an employee of a county or municipality whothat is and co-signed with a license number affixed by theits applicablerespective a county or municipal engineer who is a registered professional engineer under the HB4950 Engrossed - 17 - LRB104 19990 AAS 33441 b Professional Engineering Practice Act of 1989, with a license number affixed;

(A) has completed a minimum of 45 hours of coursework in real estate appraisal, including the principles of real estate appraisals, appraisal of HB4950 - 21 - LRB104 19990 AAS 33441 b partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs;

or and (B) a waiver valuation waiver in an amount not to exceed $50,000 that (i)(1) is performed by a licensed certified general real estate appraiser, a licensed certified residential real estate appraiser, or an associate real estate trainee appraiser employed by the Illinois Department of Transportation, (ii)(2) includes the signature and license numbers of the appraiser or the HB4950 Engrossed - 18 - LRB104 19990 AAS 33441 b trainee and the trainee's supervising appraiser, and (iii)(3) is co-signed by an employee of the Illinois Department of Transportation who is a registered professional engineer under the Professional Engineering Practice Act of 1989, with a license number affixed $20,000 prepared pursuant to the federal Uniform Relocation Assistance and Real HB4950 - 22 - LRB104 19990 AAS 33441 b Property Acquisition Policies Act of 1970, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by a county or municipal engineer who is employed by a county or municipality and is a registered professional engineer under the Professional Engineering Practice Act of 1989.

Any person who is certified or licensed under this Act and performs a waiver valuation in accordance with (1) the requirements of this subsection (e-5) and (2) the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, or pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition HB4950 Engrossed - 19 - LRB104 19990 AAS 33441 b for Federal and Federally Assisted Programs regulations under 49 CFR Part 24 shall be exempt from adherence to all relevant provisions of the Uniform Standards of Professional Appraisal Practice while conducting waiver valuations in accordance with State and federal law.

Nothing in this Act shall be construed to exempt any person who is certified or licensed under this Act from adhering to the Uniform Standards of Professional Appraisal Practice while conducting appraisals in accordance with this Act.

HB4950 - 23 - LRB104 19990 AAS 33441 b (g) This Act does not apply to an employee, officer, director, or member of a credit or loan committee of a financial institution or any other person engaged by a financial institution when performing an evaluation of real property for the sole use of the financial institution in a HB4950 Engrossed - 20 - LRB104 19990 AAS 33441 b transaction for which the financial institution would not be required to use the services of a State licensed or State certified appraiser pursuant to federal regulations adopted under Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

1-1-22.) (225Section ILCS15. 458/5-30) (Section scheduled to be repealed on January 1, 2027) Sec.

5-30.

Endorsement.

The Department may issue an appraiser license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia, if (i) the licensing requirements of that licensing authority are, on the date of licensure, substantially equal to the requirements set forth under this Act or to a person who, at the time of the application, possessed individual qualifications that were substantially equivalent to the requirements of this Act and or (ii) the applicant provides the Department with evidence of HB4950 - 24 - LRB104 19990 AAS 33441 b good standing from the Appraisal Subcommittee National Registry report and a criminal history records check in accordance with Section 5-22.

An applicant under this Section shall pay all of the required fees.

(Source:

P.A.

102-20, eff.

1-1-22.) (225 ILCS 458/15-10) (Section scheduled to be repealed on January 1, 2027) Sec.

15-10.

Grounds for disciplinary action.

(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 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:

(1) Procuring or attempting to procure a license by knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.

HB4950 - 25 - LRB104 19990 AAS 33441 b (2) Failing to meet the minimum qualifications for licensure as an appraiser established by this Act.

(3) Paying money, other than for the fees provided for by this Act, or anything of value to a member or employee of the Board or the Department to procure licensure under this Act.

(4) Conviction of, or plea of guilty or nolo contendere, as enumerated in subsection (e) of Section 5-22, under the laws of any jurisdiction of the United States to:

(i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.

(5) Committing an act or omission involving 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.

(6) Violating a provision or standard for the development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.

(7) Failing or refusing without good cause to exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.

HB4950 - 26 - LRB104 19990 AAS 33441 b (8) Violating a provision of this Act or the rules adopted pursuant to this Act.

(9) Having been disciplined by another state, the District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity 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.

(10) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(11) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser 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.

(12) Developing valuation conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, sexual orientation, pregnancy, order of protection status, military status, unfavorable military discharge, source of income, 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 HB4950 - 27 - LRB104 19990 AAS 33441 b property under appraisal.

(13) Violating the confidential nature of government records to which the licensee gained access through employment or engagement as an appraiser by a government agency.

(14) Being adjudicated liable in a civil proceeding on grounds of fraud, misrepresentation, or deceit.

In a disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.

(15) Being adjudicated liable in a civil proceeding for violation of a state or federal fair housing law.

(16) Engaging in misleading or untruthful advertising 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.

(17) Failing to fully cooperate with a Department investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.

(18) Failing to include within the certificate of appraisal for all written appraisal reports the appraiser's license number and licensure title.

All HB4950 - 28 - LRB104 19990 AAS 33441 b appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report.

It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.

(19) Violating the terms of a disciplinary order or Consent consent to Administrative Supervision administrative supervision order.

(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 may result in significant harm to the public.

(21) A physical or mental illness or disability which results in the inability to practice under this Act with reasonable judgment, skill, or safety.

(22) Gross negligence in developing an appraisal or in communicating an appraisal or failing to observe one or more of the Uniform Standards of Professional Appraisal Practice.

(23) A pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act.

(24) Using or attempting to use the seal, certificate, HB4950 - 29 - LRB104 19990 AAS 33441 b or license of another as one's own;

falsely impersonating any duly licensed appraiser;

using or attempting to use an inactive, expired, suspended, or revoked license;

or aiding or abetting any of the foregoing.

(25) Solicitation of professional services by using false, misleading, or deceptive advertising.

(26) Making a material misstatement in furnishing information to the Department.

(27) Failure to furnish information to the Department upon written request.

(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 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:

(1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.

(2) Failing to comply with the covenants certified to on the application for licensure as an education provider.

(3) Committing an act or omission involving HB4950 - 30 - LRB104 19990 AAS 33441 b dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the provider.

(4) Engaging in misleading or untruthful advertising.

(5) Failing to retain competent instructors in accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for course approval as the provider of a qualifying curriculum course or a continuing education course.

(7) Failing to administer an approved course using the course materials, syllabus, and examinations submitted as the basis of the course approval.

(8) Failing to provide an appropriate classroom environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.

(9) Failing to maintain student records in compliance with the rules adopted under this Act.

(10) Failing to provide a certificate, transcript, or other student record to the Department or to a student as may be required by rule.

(11) Failing to fully cooperate with an investigation by the Department by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation HB4950 - 31 - LRB104 19990 AAS 33441 b within 30 days of the request.

(c) In appropriate cases, the Department may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order.

A licensee subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee in good standing.

This order shall not be reported or considered by the Department to be a discipline of the licensee.

The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law.

(Source:

P.A.

102-20, eff.

1-1-22;

103-236, eff.

1-1-24;

revised 6-24-25.) (225 ILCS 458/15-10.1) (Section scheduled to be repealed on January 1, 2027) Sec.

15-10.1.

Citations.

(a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in this Act or as established by rule.

The citation shall be issued to the licensee.

For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record.

The citation shall contain the licensee's name, the licensee's address, the licensee's license number, the number of required hours of continuing education that have not been HB4950 - 32 - LRB104 19990 AAS 33441 b successfully completed by the licensee's licensee within the renewal deadline period, and the penalty imposed, which shall not exceed $2,000.

The issuance of a citation shall not excuse the licensee from completing all continuing education required for that renewal period.

(b) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record and.

Service of a citation must clearly state that if the cited licensee wishes to dispute the citation, the cited licensee may make a written request, within 30 days after the citation is served, for a hearing before the Department.

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 shall be entered, and any fine imposed is due and payable within 30 60 days after the entry of that final order.

If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited 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.

If the violation is found, any fine shall constitute non-public discipline and be due and payable within 30 days after the order of the Secretary, which shall constitute a final order of the Department.

No change in HB4950 - 33 - LRB104 19990 AAS 33441 b license status may be made by the Department until a final order of the Department has been issued.

(c) Payment of a fine that has been assessed pursuant to this Section shall not constitute disciplinary action reportable on the Department's website or elsewhere unless a licensee has previously received 2 or more citations and been assessed 2 or more fines.

(d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations.

(Source:

P.A.

102-20, eff.

1-1-22.) (225 ILCS 458/15-11) (Section scheduled to be repealed on January 1, 2027) Sec.

15-11.

Illegal discrimination.

(a) When there has been an adjudication in a civil or criminal proceeding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, following notice to the licensee and a hearing in accordance with the provisions of Section 15-15 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.

The finding or judgment of the civil or criminal proceeding is a matter of record, the merits of which shall not be challenged HB4950 - 34 - LRB104 19990 AAS 33441 b in a request for a hearing by the licensee.

(b) When there has been an order in an administrative proceeding finding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, following notice to the licensee and a hearing in accordance with the provisions of Section 15-15 and upon recommendation of the Board as to the nature and extent of the discipline, shall take one or more of the disciplinary actions provided for in Section 15-10 in a timely manner, unless the administrative order is in the appeal process.

The finding of the administrative order is a matter of record, the merits of which shall not be challenged in a request for a hearing by the licensee.

(Source:

P.A.

102-20, eff.

1-1-22.) (225 ILCS 458/15-15) (Section scheduled to be repealed on January 1, 2027) Sec.

15-15.

Investigation;

notice;

hearing.

(a) Upon the motion of the Department or the Board or upon a complaint in writing of a person setting forth facts that, if proven, would constitute grounds for suspension, revocation, or other disciplinary action, the Department shall investigate the actions or qualifications of any person who is a licensee, applicant for licensure, unlicensed person, person rendering or offering to render appraisal services, or person holding or claiming to hold a license under this Act.

If, upon HB4950 - 35 - LRB104 19990 AAS 33441 b investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department may shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the 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 most recent address of record or email address of record of the person charged as provided to the Department.

For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's 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 Department shall notify the person to file a verified written answer within 20 days after the service of the notice and complaint.

The notification shall inform the person of the right to be heard in person or by legal counsel;

that the hearing will be afforded not sooner than 20 days after service of the complaint;

that failure to file an answer after the service of notice will result in a default being entered against the person;

that the license may be suspended, revoked, or placed on probationary status;

and that the Department may take whatever other disciplinary HB4950 - 36 - LRB104 19990 AAS 33441 b action may be taken pursuant to this Act, including limiting the scope, nature, or extent of the licensee's practice without a hearing.

If the person fails to file an answer after service of notice, the respective 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 Department Board shall conduct a hearing of the charges, providing both the person charged 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.

(c-5) The Secretary shall have the authority to appoint any 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.

There may be present one or more members of the Board at any such hearing.

The hearing officer shall report his or her findings of fact, conclusions of law and recommendations to the Board and the Secretary.

The Board shall have 60 days from receipt of the report to review the report of the hearing HB4950 - 37 - LRB104 19990 AAS 33441 b officer and present its findings of fact, conclusions of law, and recommendations to the Secretary.

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 record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.

If the Board fails to present its findings of fact, conclusions of law, and recommendations within a 60-day period after receiving an Order of Default, the Department may request in writing a direct appeal to the Secretary.

(d) The Board shall present to the Secretary a written report of its findings of fact and recommendations.

A copy of the report shall be served upon the person either by mail or, at the discretion of the Department, by electronic means.

For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record.

Within 20 days after the service, the person may present to the Department Secretary with a motion in writing for a rehearing that specifies and shall specify the particular grounds for the request.

If the person orders a transcript of the record from the applicable reporting service and pays for the transcript within the 20-day period for filing a motion for rehearing, the 20-day period shall restart upon the delivery HB4950 - 38 - LRB104 19990 AAS 33441 b of the transcript.

(g) 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 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.

If the Secretary disagrees in any regard with the report of the Board or the hearing officer, the Secretary may issue an order in contravention of the Board or the hearing officer.

If the person 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 person shall not be counted as part of the 20 days.

If the Secretary is not 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.

Notwithstanding a person'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 HB4950 - 39 - LRB104 19990 AAS 33441 b suspension or revocation of a license, the licensee shall be required to surrender the respective 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 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 the witness 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 revoked may not be restored for a minimum period of 3 years.

(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) (Blank).

The Secretary shall have the authority to appoint an attorney duly licensed to practice law in the State HB4950 - 40 - LRB104 19990 AAS 33441 b 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 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.

102-20, eff.

1-1-22;

102-970, eff.

5-27-22;

103-236, eff.

1-1-24;

revised 6-24-25.) (225 ILCS 458/25-10) (Section scheduled to be repealed on January 1, 2027) Sec.

25-10.

Real Estate Appraisal Administration and Disciplinary Board;

appointment.

(a) There is hereby created the Real Estate Appraisal Administration and Disciplinary Board.

The Board shall be composed of the Coordinator and 10 persons appointed by the Governor.

Members shall be appointed to the Board subject to the following conditions:

(1) All appointed members shall have been residents and citizens of this State for at least 5 years prior to HB4950 - 41 - LRB104 19990 AAS 33441 b the date of appointment.

(2) The appointed membership of the Board should reasonably reflect the geographic distribution of the population of the State.

(3) Four appointed members shall have been actively engaged and currently licensed as State certified general real estate appraisers for a period of not less than 5 years.

(4) Three appointed members shall have been actively engaged and currently licensed as State certified residential real estate appraisers for a period of not less than 5 years.

(5) One appointed member shall hold a valid license as a real estate broker for at least 3 years prior to the date of the appointment and shall hold either a valid State certified general real estate appraiser license or a valid State certified residential appraiser license issued under this Act or a predecessor Act for a period of at least 5 years prior to the appointment.

(6) One appointed member shall be a representative of a financial institution, as evidenced by proof of employment with a financial institution.

(7) One appointed member shall represent the interests of the general public.

This member or the member's spouse shall not be licensed under this Act nor be employed by or have any financial interest in an appraisal business, HB4950 - 42 - LRB104 19990 AAS 33441 b appraisal management company, real estate brokerage business, or a financial institution.

In making appointments as provided in paragraphs (3) and (4) of this subsection, the Governor shall give due consideration to recommendations by members and organizations representing the profession.

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.

In making the appointment as provided in paragraph (6) of this subsection, the Governor shall give due consideration to the recommendations by members and organizations representing financial institutions.

(b) The members' terms shall be for 4 years or until a successor is appointed.

No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years.

Appointments to fill vacancies shall be for the unexpired portion of the term.

(c) The Governor may terminate the appointment of a member for cause that, in the opinion of the Governor, reasonably justifies the termination.

Cause for termination may include, without limitation, misconduct, incapacity, neglect of duty, or missing 4 Board meetings during any one fiscal year.

(d) A majority of the Board members shall constitute a quorum.

A vacancy in the membership of the Board shall not HB4950 - 43 - LRB104 19990 AAS 33441 b impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.

(e) The Board shall meet at least monthly and may be convened by the Chairperson, Vice-Chairperson, or 3 members of the Board upon 10 days written notice.

(f) The Board shall, annually at the first meeting of the fiscal year, elect a Chairperson and Vice-Chairperson from its members.

The Chairperson shall preside over the meetings and shall coordinate with the Coordinator in developing and distributing an agenda for each meeting.

In the absence of the Chairperson, the Vice-Chairperson shall preside over the meeting.

(g) The Coordinator shall serve as a member of the Board without vote.

(h) The Board shall advise and make recommendations to the Department on the education and experience qualifications of any applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser.

The Department shall not make any decisions concerning education or experience qualifications of an applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser without having first received the advice and recommendation of the Board and shall give due consideration to all such advice and recommendations;

however, if the Board does not render advice or make a recommendation HB4950 - 44 - LRB104 19990 AAS 33441 b within a reasonable amount of time, then the Department may render a decision.

(i) Except as provided in Section 15-17 of this Act, the Board shall hear and make recommendations to the Secretary on disciplinary matters that require a formal evidentiary hearing.

The Secretary shall give due consideration to the recommendations of the Board involving discipline and questions involving standards of professional conduct of licensees.

(j) The Department shall seek and the Board shall provide recommendations to the Department consistent with the provisions of this Act and for the administration and enforcement of all rules adopted pursuant to this Act.

The Department shall give due consideration to such recommendations prior to adopting rules.

(k) The Department shall seek and the Board shall provide recommendations to the Department on the approval of all courses submitted to the Department pursuant to this Act and the rules adopted pursuant to this Act.

The Department shall not approve any courses without having first received the recommendation of the Board and shall give due consideration to such recommendations prior to approving and licensing courses;

however, if the Board does not make a recommendation within a reasonable amount of time, then the Department may approve courses.

(l) Each voting member of the Board may receive a per diem HB4950 - 45 - LRB104 19990 AAS 33441 b stipend in an amount to be determined by the Secretary.

While engaged in the performance of duties, each member shall be reimbursed for necessary expenses.

(m) Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.

(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.

(o) (Blank).

(Source:

P.A.

102-20, eff.

1-1-22;

102-970, eff.

5-27-22;

103-236, eff.

1-1-24.) Section 20.

The Department, in its name, or any county may acquire the fee simple title, or such lesser interest as may be desired, to any public or private land, rights, or other property necessary for the construction, maintenance or operation of State highways, or necessary for locating, relocating, extending, widening or straightening any State highway, or necessary for locating, relocating, extending, widening or straightening an existing street or for laying HB4950 - 46 - LRB104 19990 AAS 33441 b out, establishing or opening a new street within the corporate limits of any municipality which has been designated by the Department as a street to form a part of or to connect with a State highway leading up to the corporate limits of such municipality, or necessary for any other purpose or use HB4950 Engrossed - 21 - LRB104 19990 AAS 33441 b contemplated by this Code by purchase or by the exercise of the right of eminent domain under the eminent domain laws of this State and the Department shall not be required, in any case, to furnish bond.

When acquiring land for a highway on a new location, and when a parcel of land one acre or less in area contains a single family residence, which is in conformance with existing zoning ordinances, and only a part of that parcel is required HB4950 - 47 - LRB104 19990 AAS 33441 b for State highway purposes causing the remainder of the parcel not to conform with the existing zoning ordinances, or when the location of the right of way line of the proposed highway reduces the distance from an existing single family residence to the right of way line to 10 feet or less, the acquiring HB4950 Engrossed - 22 - LRB104 19990 AAS 33441 b agency shall, if the owner so demands, take the whole parcel by negotiation or condemnation.

HB4950 - 48 - LRB104 19990 AAS 33441 b INDEX Statutes amended in order of appearance 30 ILCS 105/9.02 from Ch.

127, par.

145c 30 ILCS 545/2 from Ch.

127, par.

132.52 225 ILCS 458/1-10 225 ILCS 458/5-5 225 ILCS 458/5-30 225 ILCS 458/15-10 225 ILCS 458/15-10.1 225 ILCS 458/15-11 225 ILCS 458/15-15 225 ILCS 458/25-10 605 ILCS 5/4-501 from Ch.

121, par.

4-501