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Illinois General Assembly· SB 3897Governor Approved

IDFPR-VARIOUS LICENSES, the official text

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SB3897 Enrolled                     LRB104 18005 AAS 31442 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Regulatory Sunset Act is amended by

5 changing Sections 4.37 and 4.42 as follows:

6   (5 ILCS 80/4.37)

7   Sec. 4.37. Acts and Articles repealed on January 1, 2027.

8 The following are repealed on January 1, 2027:

9   The Clinical Psychologist Licensing Act.

10  The Illinois Optometric Practice Act of 1987.

11  Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and

12 XXXI 1/4 of the Illinois Insurance Code.

13  The Boiler and Pressure Vessel Repairer Regulation Act.

14  The Marriage and Family Therapy Licensing Act.

15  The Boxing and Full-contact Martial Arts Act.

16  The Cemetery Oversight Act.

17  The Community Association Manager Licensing and

18 Disciplinary Act.

19  The Detection of Deception Examiners Act.

20  The Home Inspector License Act.

21  The Massage Licensing Act.

22  The Medical Practice Act of 1987.

23  The Petroleum Equipment Contractors Licensing Act.
    SB3897 Enrolled   -2-                 LRB104 18005 AAS 31442 b

1   The Radiation Protection Act of 1990.

2   The Real Estate Appraiser Licensing Act of 2002.

3   The Registered Interior Designers Act.

4   The Landscape Architecture Registration Act.

5   The Water Well and Pump Installation Contractor's License

6 Act.

7   The Licensed Certified Professional Midwife Practice Act.

8 (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;

9 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.

10 10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823,

11 eff. 8-9-24.)

12  (5 ILCS 80/4.42)

13  Sec. 4.42. Acts repealed on January 1, 2032. The following

14 Acts are repealed on January 1, 2032:

15  The Cemetery Oversight Act.

16  The Collateral Recovery Act.

17  The Community Association Manager Licensing and

18 Disciplinary Act.

19  The Detection of Deception Examiners Act.

20  The Home Inspector License Act.

21  The Landscape Architecture Registration Act.

22  The Real Estate Appraiser Licensing Act of 2002.

23  The Registered Interior Designers Act.

24 (Source: P.A. 103-371, eff. 1-1-24.)
    SB3897 Enrolled      -3-           LRB104 18005 AAS 31442 b

1   Section 10. The Auction License Act is amended by changing

2 Sections 5-10, 10-1, 10-30, 10-40, 10-45, 15-15, 15-25, 20-15,

3 20-15.1, 20-16, 20-20, 20-30, 20-35, 20-40, 20-43, 20-55,

4 20-56, 25-110, and 30-7 as follows:

5   (225 ILCS 407/5-10)

6   (Section scheduled to be repealed on January 1, 2030)

7   Sec. 5-10. Definitions. As used in this Act:

8   "Advertisement" means any written, oral, or electronic

9 communication that contains a promotion, inducement, or offer

10 to conduct an auction or offer to provide an auction service,

11 including but not limited to brochures, pamphlets, radio and

12 television scripts, telephone and direct mail solicitations,

13 electronic media, Internet online, and other means of

14 promotion.

15  "Advisory Board" or "Board" means the Auctioneer Advisory

16 Board.

17  "Auction" means the sale or lease of property, real or

18 personal, by means of exchanges between an auctioneer and

19 prospective purchasers or lessees, which consists of a series

20 of invitations or bids for offers made by the auctioneer to

21 prospective purchasers or lessees for the purpose of obtaining

22 an acceptable offer for the sale or lease of property. via

23 mail, telecommunications, or the Internet online.

24  "Auction contract" means a written agreement between an

25 auctioneer or auction firm and a seller or sellers.
    SB3897 Enrolled             -4-  LRB104 18005 AAS 31442 b

1   "Auction firm" means any corporation, partnership, or

2 limited liability company that acts as an auctioneer and

3 provides an auction service.

4   "Auction school" means any educational institution, public

5 or private, that offers a curriculum of auctioneer education

6 and training approved by the Department.

7   "Auction service" means the service of arranging,

8 managing, advertising, or conducting auctions.

9   "Auctioneer" means a person or entity who, for another,

10 for a fee, compensation, commission, or any other valuable

11 consideration at auction or with the intention or expectation

12 of receiving valuable consideration by the means of or process

13 of an auction or sale at auction or providing an auction

14 service, offers, negotiates, or attempts to negotiate an

15 auction contract, sale, purchase, or exchange of goods,

16 chattels, merchandise, personal property, real property, or

17 any commodity that may be lawfully kept or offered for sale by

18 or at auction.

19  "Address of record" means the designated address recorded

20 by the Department in the applicant's or licensee's application

21 file or license file maintained by the Department.

22  "Buyer premium" means any fee or compensation paid by the

23 successful purchaser of property sold or leased at or by

24 auction, to the auctioneer, auction firms, seller, lessor, or

25 other party to the transaction, other than the purchase price.

26  "Department" means the Department of Financial and
    SB3897 Enrolled            -5-        LRB104 18005 AAS 31442 b

1 Professional Regulation.

2   "Division" means the Division of Real Estate within the

3 Department.

4   "Email address of record" means the designated email

5 address recorded by the Department in the applicant's

6 application file or the licensee's license file maintained by

7 the Department's licensure maintenance unit.

8   "Estate sale" means a sale for liquidation of personal

9 property of an estate owned by one or more individuals,

10 families, or legal representatives of the estate that is

11 advertised and scheduled for a predetermined amount of time

12 and to which the public is invited to participate in a

13 negotiation or bid for the purchase of the personal property.

14  "Estate sale service" means the performance of an auction

15 service for the owners of personal property to be sold at an

16 estate sale, where an auctioneer undertakes the responsibility

17 of conducting the sale. "Estate sale service" does not include

18 the sale of real property.

19  "Goods" means chattels, movable goods, merchandise, or

20 personal property or commodities of any form or type that may

21 be lawfully kept or offered for sale.

22  "Interactive computer service" means any information

23 service, system, or access software provider that provides or

24 enables computer access by multiple users to a computer

25 server, including specifically a service or system that

26 provides access to the Internet.
    SB3897 Enrolled  -6-  LRB104 18005 AAS 31442 b

1   "Internet auction listing service" means a website on the

2 Internet, or other interactive computer service, that is

3 designed to allow or advertise as a means of allowing users to

4 offer personal property or services for sale or lease to a

5 prospective buyer or lessee through an online bid submission

6 process using that website or interactive computer service and

7 that does not examine, set the price, prepare the description

8 of the personal property or service to be offered, or in any

9 way utilize the services of a natural person as an auctioneer.

10  "Licensee" means any person licensed under this Act.

11  "Managing auctioneer" means any person licensed as an

12 auctioneer who manages and supervises an auction firm

13 licensees.

14  "Online auction" means an auction or auction service

15 conducted by an auctioneer via a website on the Internet, an

16 application, an interactive computer service, or other similar

17 media.

18  "Person" means an individual, association, partnership,

19 corporation, or limited liability company, or auction firm or

20 the officers, directors, or employees of the same.

21  "Pre-renewal period" means the 24 months prior to the

22 expiration date of a license issued under this Act.

23  "Real estate" means real estate as defined in Section 1-10

24 of the Real Estate License Act of 2000 or its successor Acts.

25  "Secretary" means the Secretary of Financial and

26 Professional Regulation or the Secretary's his or her
    SB3897 Enrolled      -7-            LRB104 18005 AAS 31442 b

1 designee.
2 (Source: P.A. 104-145, eff. 1-1-26.)

3   (225 ILCS 407/10-1)

4   (Section scheduled to be repealed on January 1, 2030)

5   Sec. 10-1. Necessity of license; exemptions.

6   (a) It is unlawful for any person, corporation, limited

7 liability company, partnership, or other entity to conduct an

8 auction, provide an auction service, hold oneself himself or

9 herself out as an auctioneer, or advertise his or her services

10 as an auctioneer in the State of Illinois without a license

11 issued by the Department under this Act, except at:

12  (1) an auction conducted solely by or for a

13  not-for-profit organization for charitable purposes in

14  which the individual receives no compensation;

15  (2) an auction conducted by the owner of the property,

16  real or personal;

17  (3) an auction for the sale or lease of real property

18  conducted by a licensee under the Real Estate License Act,

19  or its successor Acts, in accordance with the terms of

20  that Act;

21  (4) an auction conducted by a business registered as a

22  market agency under the federal Packers and Stockyards Act

23  (7 U.S.C. 181 et seq.) or under the Livestock Auction

24  Market Law;

25  (5) an auction conducted by an agent, officer, or
    SB3897 Enrolled          -8-  LRB104 18005 AAS 31442 b

1   employee of a federal agency in the conduct of the

2   agent's, officer's, or employee's his or her official

3   duties; and

4   (6) an auction conducted by an agent, officer, or

5   employee of the State government or any political

6   subdivision thereof performing his or her official duties.

7   (b) Nothing in this Act shall be construed to apply to a

8 new or used vehicle dealer or a vehicle auctioneer licensed by

9 the Secretary of State of Illinois, or to any employee of the

10 licensee, who is a resident of the State of Illinois, while the

11 employee is acting in the regular scope of his or her

12 employment for the licensee while conducting an auction that

13 is not open to the public, provided that only new or used

14 vehicle dealers, rebuilders, automotive parts recyclers, or

15 scrap processors licensed by the Secretary of State or

16 licensed by another state or jurisdiction may buy property at

17 the auction, or to sales by or through the licensee.

18 Out-of-state salvage vehicle buyers licensed in another state

19 or jurisdiction may also buy property at the auction.

20  (c) Nothing in this Act shall be construed to prohibit a

21 person under the age of 18 from selling property under $250 in

22 value while under the direct supervision of a licensed

23 auctioneer.

24  (d) Nothing in this Act shall be construed to apply to a

25 person providing an Internet auction listing service as

26 defined in Section 5-10.
    SB3897 Enrolled  -9-                 LRB104 18005 AAS 31442 b

1   (e) Nothing in this Act shall be construed to apply to a

2 third-party reseller of personal property where owners or

3 representatives of an estate have transferred ownership of the

4 property to the reseller to be sold anonymously. A third-party

5 reseller may include, but is not limited to, a retail seller, a

6 consignment seller, or a distributor who does not conduct an

7 estate sale.

8   (f) Nothing in this Section shall be construed to apply to

9 any person as a receiver, trustee in bankruptcy, guardian,

10 administrator, or executor; any such person acting under an

11 order of any court, under the direction of any public

12 authority, or pursuant to any judicial decree; or any such

13 person acting pursuant to a trust agreement, deed of trust, or

14 will.

15  (g) The licensing of auction firms required under this Act

16 does not apply to an entity whose ownership structure consists

17 of one licensed auctioneer operating either (i) a sole

18 proprietorship, a single member limited liability company, or

19 a single shareholder corporation, or (ii) a limited liability

20 company, corporation, or partnership co-owned solely with the

21 auctioneer's unlicensed spouse. The auctioneer owner or

22 operator must be the only licensee performing auctions on the

23 entity's behalf and shall comply with all other provisions of

24 this Act.

25 (Source: P.A. 104-145, eff. 1-1-26.)
    SB3897 Enrolled       - 10 - LRB104 18005 AAS 31442 b

1   (225 ILCS 407/10-30)

2   (Section scheduled to be repealed on January 1, 2030)

3   Sec. 10-30. Renewal Expiration, renewal, and continuing

4 education.

5   (a) License expiration dates, renewal periods, renewal

6 fees, and procedures for renewal of licenses issued under this

7 Act shall be set by rule of the Department. The holder of a

8 license under this Act may renew the license within 90 days

9 preceding the license's expiration date by completing and

10 submitting to the Department a renewal application in a manner

11 prescribed by the Department and paying the required fees. An

12 entity may renew its license by paying the required fee and by

13 meeting the renewal requirements adopted by the Department

14 under this Section.

15  (b) All individual renewal applicants must provide proof

16 as determined by the Department of having met the continuing

17 education requirements by the deadline set forth by the

18 Department by rule. At a minimum, the rules shall require an

19 applicant for renewal licensure as an auctioneer to provide

20 proof of the completion of at least 12 hours of continuing

21 education during the pre-renewal period established by the

22 Department for completion of continuing education from schools

23 approved by the Department, as established by rule.

24  (c) (Blank). The Department, in its discretion, may waive

25 enforcement of the continuing education requirements of this

26 Section and shall adopt rules defining the standards and
    SB3897 Enrolled          - 11 - LRB104 18005 AAS 31442 b

1 criteria for such waiver.

2   (c-5) The expiration date and renewal period for an

3 auction firm shall be set by rule. An auction firm whose

4 license under this Act has expired may renew the license for a

5 period of 2 years following the expiration date by complying

6 with the requirements of this Section and paying any late

7 penalties established by rule.

8   (d) (Blank).

9   (e) The Department shall not issue or renew a license if

10 the applicant or licensee has an unpaid fine or fee from a

11 disciplinary matter or from a non-disciplinary action imposed

12 by the Department until the fine or fee is paid to the

13 Department or the applicant or licensee has entered into a

14 payment plan and is current on the required payments.

15  (f) The Department shall not issue or renew a license if

16 the applicant or licensee has an unpaid fine or civil penalty

17 imposed by the Department for unlicensed practice until the

18 fine or civil penalty is paid to the Department or the

19 applicant or licensee has entered into a payment plan and is

20 current on the required payments.

21 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

22  (225 ILCS 407/10-40)

23  (Section scheduled to be repealed on January 1, 2030)

24  Sec. 10-40. Expiration, renewal, and restoration

25 Restoration.
    SB3897 Enrolled  - 12 - LRB104 18005 AAS 31442 b

1   (a) An auctioneer A licensee whose license has lapsed or

2 expired shall have 2 years from the expiration date to renew

3 the license restore licensure without examination. The expired

4 licensee shall complete an make application to the Department

5 on forms provided by the Department, provide evidence of

6 successful completion of all 12 hours of approved continuing

7 education during the period of time the license had lapsed,

8 and pay all fees and penalties as established by rule.

9   (a-5) An auctioneer whose license has lapsed or expired

10 for more than 2 years but less than 5 years may restore the

11 license without examination by (i) applying to the Department,

12 (ii) providing evidence of the licensee's successful

13 completion of all hours of approved continuing education

14 during the lapsed periods prior to the date of the

15 application, (iii) paying the required fees, and (iv)

16 satisfying any other requirements as established by rule. An

17 auctioneer whose license has been expired for more than 5

18 years shall be required to meet the requirements of a new

19 license.

20  (b) Notwithstanding any other provisions of this Act to

21 the contrary, any auctioneer licensee whose license under this

22 Act has expired is eligible to renew or restore such license

23 without paying any lapsed fees and penalties if the license

24 expired while the auctioneer licensee was:

25  (1) on active duty with the United States Army, United

26  States Marine Corps, United States Navy, United States Air
    SB3897 Enrolled       - 13 - LRB104 18005 AAS 31442 b

1   Force, United States Coast Guard, the State Militia called

2   into service or training;

3   (2) engaged in training or education under the

4   supervision of the United States prior to induction into

5   military service; or

6   (3) serving as an employee of the Department, while

7   the employee was required to surrender the license.

8   An auctioneer A licensee shall also be eligible to renew

9 restore a license under paragraphs (1), (2), and (3) without

10 completing the continuing education requirements for that

11 licensure period. For a period of 2 years following the

12 termination of the service or education if the termination was

13 by other than dishonorable discharge and the licensee

14 furnishes the Department with an affidavit specifying that the

15 licensee has been so engaged.

16  (c) At any time after the suspension, revocation,

17 placement on probationary status, or other disciplinary action

18 taken under this Act with reference to any license, the

19 Department may restore the license to the licensee without

20 examination upon the order of the Secretary, if the licensee

21 submits a properly completed application, pays the appropriate

22 fees, and otherwise complies with the conditions of the order.

23  (d) An auctioneer who notifies the Department, in a manner

24 prescribed by the Department, may place a license on inactive

25 status for a period not to exceed 2 years and shall be excused

26 from the payment of renewal fees until the auctioneer notifies
    SB3897 Enrolled         - 14 - LRB104 18005 AAS 31442 b

1 the Department in writing of the auctioneer's intention to

2 resume active practice.

3   (e) An auctioneer requesting that a license be changed

4 from inactive to active status shall be required to pay the

5 current renewal fee and shall also demonstrate compliance with

6 the continuing education requirements.

7   (f) No licensee with a nonrenewed or inactive license

8 status shall provide auction services as set forth in this

9 Act.

10 (Source: P.A. 103-236, eff. 1-1-24.)

11  (225 ILCS 407/10-45)

12  (Section scheduled to be repealed on January 1, 2030)

13  Sec. 10-45. Nonresident auctioneer reciprocity.

14  (a) An individual A person holding a license to engage in

15 auctions issued to the individual him or her by the proper

16 authority of a state, territory, or possession of the United

17 States of America or the District of Columbia that has

18 licensing requirements equal to or substantially equivalent to

19 the requirements of this State and that otherwise meets the

20 requirements of this Act may obtain a license under this Act

21 without examination if:

22      (1) the Department has entered into a valid reciprocal

23  agreement with the proper authority of the state,

24  territory, or possession of the United States of America

25  or the District of Columbia from which the nonresident
   SB3897 Enrolled  - 15 - LRB104 18005 AAS 31442 b

1  applicant has a valid license;

2  (2) the applicant provides the Department with a

3  certificate of good standing from the applicant's state of

4  licensure;

5  (3) the applicant completes and submits an application

6  as provided by the Department; and

7  (4) the applicant pays all applicable fees required

8  under this Act.

9  (b) A nonresident applicant shall file an irrevocable

10 consent with the Department that actions may be commenced

11 against the applicant or nonresident licensee in a court of

12 competent jurisdiction in this State by the service of

13 summons, process, or other pleading authorized by the law upon

14 the Secretary. The consent shall stipulate and agree that

15 service of the process, summons, or pleading upon the

16 Secretary shall be taken and held in all courts to be valid and

17 binding as if actual service had been made upon the applicant

18 in Illinois. If a summons, process, or other pleading is

19 served upon the Secretary, it shall be by duplicate copies,

20 one of which shall be retained by the Department and the other

21 immediately forwarded by certified or registered mail or email

22 to the last known business address or email address of record

23 of the applicant or nonresident licensee against whom the

24 summons, process, or other pleading may be directed.

25 (Source: P.A. 101-345, eff. 8-9-19.)
    SB3897 Enrolled       - 16 - LRB104 18005 AAS 31442 b

1   (225 ILCS 407/15-15)

2   (Section scheduled to be repealed on January 1, 2030)

3   Sec. 15-15. Supervisory duties. The auction firm and

4 managing auctioneer shall have the duty and responsibility to

5 supervise and , manage, and control any sponsored licensee,

6 agent, or employee, or representative of the auction firm who

7 conducts auctions while conducting an auction or provides

8 providing an auction services service. Any violation of this

9 Act by a licensee, agent, or employee of an auction firm or

10 managing auctioneer shall be deemed to be a violation by the

11 auction firm or managing auctioneer as well as by the

12 licensee, agent, or employee.

13 (Source: P.A. 101-345, eff. 8-9-19.)

14  (225 ILCS 407/15-25)

15  (Section scheduled to be repealed on January 1, 2030)

16  Sec. 15-25. Auction firm. No corporation, limited

17 liability company, or partnership shall be licensed as an

18 auction firm without being managed by a licensed auctioneer.

19 The auction firm and managing auctioneer of the any auction

20 firm shall be responsible for the actions of all licensed and

21 unlicensed employees, agents, and representatives of said

22 auction firm while the firm conducts auctions is conducting an

23 auction or provides providing an auction services service.

24 (Source: P.A. 91-603, eff. 1-1-00.)
    SB3897 Enrolled       - 17 - LRB104 18005 AAS 31442 b

1   (225 ILCS 407/20-15)

2   (Section scheduled to be repealed on January 1, 2030)

3   Sec. 20-15. Disciplinary actions; grounds. The Department

4 may refuse to issue or renew a license, may place on probation

5 or administrative supervision, suspend, or revoke any license,

6 or may reprimand or take other disciplinary or

7 non-disciplinary action as the Department may deem proper,

8 including the imposition of fines not to exceed $10,000 for

9 each violation upon any licensee or applicant under this Act

10 or any person or entity who holds oneself out as an applicant

11 or licensee for any of the following reasons:

12  (1) False or fraudulent representation or material

13  misstatement in furnishing information to the Department

14  in obtaining or seeking to obtain a license.

15  (2) Violation of any provision of this Act or the

16  rules adopted under this Act.

17  (3) Conviction of or entry of a plea of guilty or nolo

18  contendere, as set forth in subsection (c) of Section

19  10-5, to any crime that is a felony or misdemeanor under

20  the laws of the United States or any state or territory

21  thereof, or entry of an administrative sanction by a

22  governmental government agency in this State or any other

23  jurisdiction.

24  (3.5) Failing to notify the Department, within 30 days

25  after the occurrence, of the information required in

26  subsection (c) of Section 10-5.
    SB3897 Enrolled  - 18 - LRB104 18005 AAS 31442 b

1   (4) Being adjudged to be a person under legal

2   disability or subject to involuntary admission or to meet

3   the standard for judicial admission as provided in the

4   Mental Health and Developmental Disabilities Code.

5   (5) Discipline of a licensee by another state, the

6   District of Columbia, a territory of the United States, a

7   foreign nation, a governmental agency, or any other entity

8   authorized to impose discipline if at least one of the

9   grounds for that discipline is the same as or equivalent

10  to one of the grounds for discipline set forth in this Act

11  or for failing to report to the Department, within 30

12  days, any adverse final action taken against the licensee

13  by any other licensing jurisdiction, governmental

14  government agency, law enforcement agency, or court, or

15  liability for conduct that would constitute grounds for

16  action as set forth in this Act.

17  (6) Engaging in the practice of auctioneering,

18  conducting an auction, or providing an auction service

19  without a license or after the license was expired,

20  revoked, suspended, or terminated or while the license was

21  inoperative.

22  (7) Attempting to subvert or cheat on the auctioneer

23  exam or any continuing education exam, or aiding or

24  abetting another to do the same.

25  (8) Directly or indirectly giving to or receiving from

26  a person, firm, corporation, partnership, or association a
    SB3897 Enrolled          - 19 - LRB104 18005 AAS 31442 b

1   fee, commission, rebate, or other form of compensation for

2   professional service not actually or personally rendered,

3   except that an auctioneer licensed under this Act may

4   receive a fee from another licensed auctioneer from this

5   State or jurisdiction for the referring of a client or

6   prospect for auction services to the licensed auctioneer.

7   (9) Making any substantial misrepresentation or

8   untruthful advertising.

9   (10) Making any false promises of a character likely

10  to influence, persuade, or induce.

11  (11) Pursuing a continued and flagrant course of

12  misrepresentation or the making of false promises through

13  a licensee, agent, employee, advertising, or otherwise.

14  (12) Any misleading or untruthful advertising, or

15  using any trade name or insignia of membership in any

16  auctioneer association or organization of which the

17  licensee is not a member.

18  (13) Commingling funds of others with the licensee's

19  own funds or failing to keep the funds of others in an

20  escrow or trustee account.

21  (14) Failure to account for, remit, or return any

22  moneys, property, or documents coming into the licensee's

23  possession that belong to others, acquired through the

24  practice of auctioneering, conducting an auction, or

25  providing an auction service within 30 days of the written

26  request from the owner of said moneys, property, or
    SB3897 Enrolled     - 20 - LRB104 18005 AAS 31442 b

1   documents.

2   (15) Failure to maintain and deposit into a special

3   account, separate and apart from any personal or other

4   business accounts, all moneys belonging to others

5   entrusted to a licensee while acting as an auctioneer,

6   auction firm, or as a temporary custodian of the funds of

7   others.

8   (16) Failure to make available to Department personnel

9   during normal business hours all escrow and trustee

10  records and related documents maintained in connection

11  with the practice of auctioneering, conducting an auction,

12  or providing an auction service within 24 hours after a

13  request from Department personnel.

14  (17) Making or filing false records or reports in the

15  licensee's practice, including, but not limited to, false

16  records or reports filed with State agencies.

17  (18) Failing to voluntarily furnish copies of all

18  written instruments or executed documents prepared by the

19  auctioneer and signed by all parties to all parties at the

20  time of execution.

21  (19) Failing to provide information within 30 days in

22  response to a written request made by the Department.

23  (20) Engaging in any act that constitutes a violation

24  of the Illinois Human Rights Act.

25  (21) (Blank).

26  (22) Engaging in dishonorable, unethical, or
    SB3897 Enrolled       - 21 - LRB104 18005 AAS 31442 b

1   unprofessional conduct of a character likely to deceive,

2   defraud, or harm the public.

3   (23) Offering or advertising real estate for sale or

4   lease at auction without a valid broker or managing

5   broker's license under the Real Estate License Act of

6   1983, or any successor Act, unless exempt from licensure

7   under the terms of the Real Estate License Act of 2000, or

8   any successor Act, except as provided in Section 5-32 of

9   the Real Estate License Act of 2000.

10  (24) Inability to practice the profession with

11  reasonable judgment, skill, or safety as a result of a

12  physical illness, mental illness, or disability.

13  (25) A pattern of practice or other behavior that

14  demonstrates incapacity or incompetence to practice under

15  this Act.

16  (26) Being named as a perpetrator in an indicated

17  report by the Department of Children and Family Services

18  under the Abused and Neglected Child Reporting Act and

19  upon proof by clear and convincing evidence that the

20  licensee has caused a child to be an abused child or a

21  neglected child as defined in the Abused and Neglected

22  Child Reporting Act.

23  (27) Inability to practice with reasonable judgment,

24  skill, or safety as a result of habitual or excessive use

25  or addiction to alcohol, narcotics, stimulants, or any

26  other chemical agent or drug, which may result in
    SB3897 Enrolled           - 22 - LRB104 18005 AAS 31442 b

1   significant harm to the public.

2   (28) Willfully failing to report an instance of

3   suspected child abuse or neglect as required by the Abused

4   and Neglected Child Reporting Act.

5   (29) Violating the terms of any order issued by the

6   Department.

7 (Source: P.A. 103-236, eff. 1-1-24; 104-417, eff. 8-15-25.)

8   (225 ILCS 407/20-15.1)

9   (Section scheduled to be repealed on January 1, 2030)

10  Sec. 20-15.1. Citations.

11  (a) The Department may adopt rules to permit the issuance

12 of citations to any licensee for failure to comply with the

13 continuing education requirements set forth in this Act or as

14 established by rule. The citation shall be issued to the

15 licensee and shall contain the licensee's name and address,

16 the licensee's license number, the number of required hours of

17 continuing education that have not been successfully completed

18 on or before by the licensee's licensee within the renewal

19 deadline period, and the penalty imposed, which shall not

20 exceed $2,000. The issuance of any such citation shall not

21 excuse the licensee from completing all continuing education

22 required for that term of licensure renewal period.

23  (b) Service of a citation shall be made in person,

24 electronically, or by mail to the licensee at the licensee's

25 address of record or email address of record, and must clearly
    SB3897 Enrolled           - 23 - LRB104 18005 AAS 31442 b

1 state that if the cited licensee wishes to dispute the

2 citation, they may make a written request, within 30 days

3 after the citation is served, for a hearing before the

4 Department. If the cited licensee does not request a hearing

5 within 30 days after the citation is served, then the citation

6 shall become a final, non-disciplinary order shall be entered,

7 and any fine imposed is due and payable within 30 60 days after

8 the entry of that final order. If the cited licensee requests a

9 hearing within 30 days after the citation is served, the

10 Department shall afford the cited licensee a hearing conducted

11 in the same manner as a hearing provided for in this Act for

12 any violation of this Act and shall determine whether the

13 cited licensee committed the violation as charged and whether

14 the fine as levied is warranted. If the violation is found, any

15 fine shall constitute non-public discipline and be due and

16 payable within 30 days after the order of the Secretary, which

17 shall constitute a final order of the Department. No change in

18 license status may be made by the Department until a final

19 order of the Department has been issued.

20  (c) Payment of a fine that has been assessed pursuant to

21 this Section shall not constitute disciplinary action

22 reportable on the Department's website or elsewhere unless a

23 licensee has previously received 2 or more citations and been

24 assessed 2 or more fines.

25  (d) Nothing in this Section shall prohibit or limit the

26 Department from taking further action pursuant to this Act and
    SB3897 Enrolled          - 24 - LRB104 18005 AAS 31442 b

1 rules for additional, repeated, or continuing violations.
2 (Source: P.A. 102-970, eff. 5-27-22.)

3   (225 ILCS 407/20-16)

4   (Section scheduled to be repealed on January 1, 2030)

5   Sec. 20-16. Illegal discrimination.

6   (a) When there has been an adjudication in a civil or

7 criminal proceeding that a licensee has illegally

8 discriminated while engaged in any activity for which a

9 license is required under this Act, the Department, following

10 the provision of notice to the licensee and a hearing

11 conducted in accordance with Section 20-43 and upon the

12 recommendation of the Board as to the extent of the suspension

13 or revocation, shall suspend or revoke the license of that

14 licensee in a timely manner, unless the adjudication is in the

15 appeal process. The finding or judgment of the civil or

16 criminal proceeding is a matter of record and the merits of the

17 finding or judgment shall not be challenged in a request for a

18 hearing by the licensee.

19  (b) When there has been an order in an administrative

20 proceeding finding that a licensee has illegally discriminated

21 while engaged in any activity for which a license is required

22 under this Act, the Department, following the provision of

23 notice to the licensee and a hearing conducted in accordance

24 with Section 20-43 and upon recommendation of the Board as to

25 the nature and extent of the discipline, shall take one or more
    SB3897 Enrolled       - 25 - LRB104 18005 AAS 31442 b

1 of the disciplinary actions provided for in this Act Section
2 20-15 in a timely manner, unless the administrative order is
3 in the appeal process. The finding of the administrative order
4 is a matter of record and the merits of the administrative
5 order shall not be challenged in a request for a hearing by the
6 licensee.
7 (Source: P.A. 102-970, eff. 5-27-22.)

8   (225 ILCS 407/20-20)

9   (Section scheduled to be repealed on January 1, 2030)

10  Sec. 20-20. Suspension Termination without hearing for

11 failure to pay taxes, or child support, or workers'

12 compensation obligations. The Department may suspend terminate

13 or otherwise deny discipline any license issued under this Act

14 without hearing if the following appropriate administering

15 agency provides adequate information and proof that the

16 licensee has:

17  (1) failed to file a return, to pay the tax, penalty,

18  or interest shown in a filed return, or to pay any final

19  assessment of tax, penalty, or interest, as required by

20  any tax act administered by the Illinois Department of

21  Revenue until the requirements of the tax Act act are

22  satisfied;

23  (2) failed to pay any court ordered child support as

24  determined by a court order or by referral from the

25  Department of Healthcare and Family Services (formerly
    SB3897 Enrolled       - 26 - LRB104 18005 AAS 31442 b

1   Illinois Department of Public Aid); or

2   (3) (blank); or.

3   (4) failed to pay or secure workers' compensation

4   obligations as determined by and based solely upon the

5   certification of the Department of Insurance or the

6   Illinois Workers' Compensation Commission.

7   If a license is suspended terminated or otherwise denied

8 disciplined pursuant to this Section, the licensee may request

9 a hearing conducted pursuant to the Civil Administrative Code

10 of Illinois as provided by this Act within 30 days of notice of

11 termination or discipline. The Department may issue a license

12 or lift the suspension of a license if satisfactory repayment

13 or obligation is determined by the respective State agency.

14 (Source: P.A. 100-872, eff. 8-14-18.)

15  (225 ILCS 407/20-30)

16  (Section scheduled to be repealed on January 1, 2030)

17  Sec. 20-30. Consent orders. Notwithstanding any provisions

18 concerning the conduct of hearings and recommendations for

19 disciplinary actions, the Department has the authority to

20 negotiate agreements with licensees and applicants resulting

21 in disciplinary consent orders. The consent orders may provide

22 for any form of discipline provided for in this Act. The

23 consent orders shall provide that they were not entered into

24 as a result of any coercion by the Department. Any consent

25 order shall be accepted by or rejected by the Secretary or
    SB3897 Enrolled           - 27 - LRB104 18005 AAS 31442 b

1 designee in a timely manner.
2 (Source: P.A. 95-572, eff. 6-1-08.)

3   (225 ILCS 407/20-35)

4   (Section scheduled to be repealed on January 1, 2030)

5   Sec. 20-35. Subpoenas; attendance of witnesses; oaths.

6   (a) The Department shall have the power to issue subpoenas

7 duces tecum ad testificandum (subpoena for documents) and to

8 bring before it any persons and to take testimony, either

9 orally or by deposition or both, with the same fees and mileage

10 and in the same manner as prescribed in civil cases in the

11 courts of this State. The Department shall have the power to

12 issue subpoenas duces tecum and to bring before it any

13 documents, papers, files, books, and records with the same

14 costs and in the same manner as prescribed in civil cases in

15 the courts of this State.

16  (b) Any circuit court may, upon application of the

17 Department or its designee or of the applicant, licensee, or

18 person holding a certificate of licensure against whom

19 proceedings under this Act are pending, enter an order

20 compelling the enforcement of any Department subpoena issued

21 in connection with any hearing or investigation.

22  (c) The Secretary or the Secretary's his or her designee

23 or the Board shall have power to administer oaths to witnesses

24 at any hearing that the Department is authorized to conduct

25 and any other oaths authorized in any Act administered by the
    SB3897 Enrolled       - 28 - LRB104 18005 AAS 31442 b

1 Department.
2 (Source: P.A. 95-572, eff. 6-1-08.)

3   (225 ILCS 407/20-40)

4   (Section scheduled to be repealed on January 1, 2030)

5   Sec. 20-40. Hearings; record of hearings.

6   (a) The Department shall have the authority to conduct

7 hearings on proceedings to revoke, suspend, place on probation

8 or administrative review, reprimand, or refuse to issue or

9 renew any license under this Act or to impose a civil penalty

10 not to exceed $10,000 upon any licensee under this Act.

11  (b) The Department, at its expense, shall preserve a

12 record of all proceedings at the formal hearing of any case.

13 The notice of hearing, complaint, all other documents in the

14 nature of pleadings, written motions filed in the proceedings,

15 the transcripts of testimony, the report of the Board, and

16 orders of the Department shall be in the record of the

17 proceeding. The Department shall furnish a transcript of such

18 record to any person interested in such hearing upon payment

19 of the fee required under Section 2105-115 of the Department

20 of Professional Regulation Law of the Civil Administrative

21 Code of Illinois (20 ILCS 2105/2105-115).

22 (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

23  (225 ILCS 407/20-43)

24  (Section scheduled to be repealed on January 1, 2030)
    SB3897 Enrolled  - 29 - LRB104 18005 AAS 31442 b

1   Sec. 20-43. Investigations; notice and hearing. The

2 Department may investigate the actions or qualifications of

3 any person who is an applicant, unlicensed person, or person

4 rendering or offering to render auction services, or holding

5 or claiming to hold a license as a licensed auctioneer. At

6 least 30 days before any disciplinary hearing under this Act,

7 the Department shall: (i) notify the person charged in writing

8 of the charges made and the time and place of the hearing; (ii)

9 direct the person to file with the Board a written answer under

10 oath to the charges within 20 days of receiving service of the

11 notice; and (iii) inform the person that, if the person fails

12 to file an answer to the charges within 20 days of receiving

13 service of the notice, default may be entered and the license

14 may be suspended, revoked, placed on probationary status, or

15 have other disciplinary action taken with regard to the

16 license as the Department may consider proper, including, but

17 not limited to, limiting the scope, nature, or extent of the

18 licensee's practice, or imposing a fine.

19  At the time and place of the hearing fixed in the notice,

20 the Department Board shall proceed to hear the charges, and

21 the person or person's counsel shall be accorded ample

22 opportunity to present any pertinent statements, testimony,

23 evidence, and arguments in the person's defense. The

24 Department Board may continue the hearing when it deems it

25 appropriate. If the person, after receiving the notice, fails

26 to file an answer, the license may, in the discretion of the
    SB3897 Enrolled       - 30 - LRB104 18005 AAS 31442 b

1 Department, be revoked, suspended, placed on probationary

2 status, or the Department may take whatever disciplinary

3 actions considered proper, including limiting the scope,

4 nature, or extent of the person's practice or the imposition

5 of a fine, without a hearing, if the act or acts charged

6 constitute sufficient grounds for that action under the Act.

7   Notice of the hearing may be served by certified mail, or,

8 at the discretion of the Department, by an electronic means to

9 the person's most recent last known address or email address

10 of record provided to the Department or, if in the course of

11 the administrative proceeding the party has previously

12 designated a specific email address at which to accept

13 electronic service for that specific proceeding, by sending a

14 copy by email to the party's email address on record.

15 (Source: P.A. 103-236, eff. 1-1-24.)

16  (225 ILCS 407/20-55)

17  (Section scheduled to be repealed on January 1, 2030)

18  Sec. 20-55. Appointment of a hearing officer. The

19 Secretary has the authority to appoint any attorney licensed

20 to practice law in the State of Illinois to serve as the

21 hearing officer in any action for refusal to issue, restore,

22 or renew a license or to discipline a licensee. The hearing

23 officer has full authority to conduct the hearing. Any Board

24 member may attend hearings. The hearing officer shall report

25 his or her findings of fact, conclusions of law, and
    SB3897 Enrolled       - 31 - LRB104 18005 AAS 31442 b

1 recommendations to the Board. The Board shall have 90 days

2 after the date of receipt of review the report of the hearing

3 officer to and present its findings of fact, conclusions of

4 law, and recommendations to the Secretary and to all parties

5 to the proceedings.

6   If the Secretary disagrees with the recommendations of the

7 Board or hearing officer, the Secretary may issue an order in

8 contravention of the Board's recommendations.

9   If the Board fails to present its findings of fact,

10 conclusions of law, and recommendations within the 90-day time

11 period, the Department may request in writing a direct appeal

12 to the Secretary and the Secretary may issue an order based

13 upon the report of the hearing officer and the record of the

14 proceedings or issue an order remanding the matter back to the

15 hearing officer for additional proceedings in accordance with

16 the order. If the Board fails to present its findings of fact,

17 conclusions of law, and recommendations within the 90-day time

18 period after receiving an Order of Default, the Department may

19 request in writing a direct appeal to the Secretary.

20 (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

21  (225 ILCS 407/20-56)

22  (Section scheduled to be repealed on January 1, 2030)

23  Sec. 20-56. Board; rehearing. At the conclusion of the

24 hearing, a copy of the Board's report shall be served upon the

25 applicant, licensee, or unlicensed person by the Department,
    SB3897 Enrolled           - 32 - LRB104 18005 AAS 31442 b

 1 either personally or as provided in this Act for the service of
 2 a notice of hearing. Within 20 days after service, the person
 3 applicant or licensee may present to the Department a motion
 4 in writing for a rehearing, which shall specify the particular
 5 grounds for rehearing. If no motion for rehearing is filed,
 6 then upon the expiration of the time specified for filing such
 7 a motion, or if a motion for rehearing is denied, then upon
 8 denial, the Secretary may enter an order in accordance with
 9 recommendations of the Board. If the applicant or licensee
10 orders from the reporting service and pays for a transcript of
11 the record within the time for filing a motion for rehearing,
12 the 20-day period within which a motion may be filed shall
13 commence upon the delivery of the transcript to the applicant
14 or licensee.
15 (Source: P.A. 101-345, eff. 8-9-19.)

16  (225 ILCS 407/25-110)

17  (Section scheduled to be repealed on January 1, 2030)

18  Sec. 25-110. Licensing of auction schools.

19  (a) Only an auction school licensed by the Department may

20 provide the continuing education courses required for

21 licensure under this Act.

22  (b) An auction school may also provide the course required

23 to obtain the real estate auction certification in Section

24 5-32 of the Real Estate License Act of 2000. The course shall

25 be approved by the Department upon the recommendation of the
    SB3897 Enrolled  - 33 - LRB104 18005 AAS 31442 b

1 Real Estate Administration and Disciplinary Board pursuant to

2 Section 25-10 of the Real Estate License Act of 2000.

3   (c) A person or entity seeking to be licensed as an auction

4 school under this Act shall provide satisfactory evidence of

5 the following:

6   (1) a sound financial base for establishing,

7   promoting, and delivering the necessary courses;

8   (2) a sufficient number of qualified instructors;

9   (3) adequate support personnel to assist with

10  administrative matters and technical assistance;

11  (4) a qualified school administrator, who is

12  responsible for the administration of the school, courses,

13  and the actions of the instructors;

14  (5) proof of good standing with the Secretary of State

15  and authority to conduct business in this State; and

16  (6) any other requirements provided by rule.

17  (d) All applicants for an auction school schools license

18 shall make an initial application to the Department in a

19 manner prescribed by the Department and pay the appropriate

20 fee as provided by rule. In addition to any other information

21 required to be contained in the application as prescribed by

22 rule, every application for an original or renewed license

23 shall include the applicant's Taxpayer Identification Number.

24 The term, expiration date, and renewal of an auction school

25 schools license shall be established by rule.

26  (e) An auction school shall provide each successful course
    SB3897 Enrolled      - 34 - LRB104 18005 AAS 31442 b

1 participant with a certificate of completion signed by the

2 school administrator. The format and content of the

3 certificate shall be specified by rule.

4   (f) All auction schools shall provide to the Department a

5 roster of all successful course participants as provided by

6 rule.

7 (Source: P.A. 103-236, eff. 1-1-24; revised 6-24-25.)

8   (225 ILCS 407/30-7)

9   (Section scheduled to be repealed on January 1, 2030)

10  Sec. 30-7. Department; powers and duties.

11  (a) The Department shall exercise the powers and duties

12 prescribed by the Civil Administrative Code of Illinois for

13 the administration of licensing acts and shall exercise such

14 other powers and duties as are prescribed by this Act. The

15 Department may contract with third parties for services

16 necessary for the proper administration of this Act.

17  (b) The Department shall have the authority to audit or

18 inspect any electronic or physical record, account, document,

19 book, form, or file required to be created or maintained by

20 this Act. The Department may adopt rules and establish

21 necessary requirements for the implementation of this

22 subsection (b).

23 (Source: P.A. 96-730, eff. 8-25-09.)

24  (225 ILCS 407/20-85 rep.)
    SB3897 Enrolled          - 35 - LRB104 18005 AAS 31442 b

1   Section 15. The Auction License Act is amended by

2 repealing Section 20-85.

3   Section 20. The Registered Interior Designers Act is

4 amended by changing Sections 3, 4, 4.5, 6, 7, 8, 9, 10, 11, 12,

5 14, 15, 18, 19, 27, and 30 as follows:

6   (225 ILCS 310/3) (from Ch. 111, par. 8203)

7   (Section scheduled to be repealed on January 1, 2027)

8   Sec. 3. Definitions. As used in this Act:

9   "Accredited institution" means an institution accredited

10 by the Council for Interior Design Accreditation, an

11 accreditation body recognized by the United States Department

12 of Education, or a curriculum or transcript approved by the

13 Board per a registration applicant's application.

14  "Address of record" means the designated address recorded

15 by the Department in the applicant's application file or the

16 registrant's registration file as maintained by the

17 Department's licensure maintenance unit.

18  "Board" means the Board of Registered Interior Design

19 Professionals established under Section 6 of this Act.

20  "Department" means the Department of Financial and

21 Professional Regulation.

22  "Email address of record" means the designated email

23 address recorded by the Department in the applicant's

24 application file or the registrant's registration file as
    SB3897 Enrolled  - 36 - LRB104 18005 AAS 31442 b

1 maintained by the Department's licensure maintenance unit.

2   "Interior technical submissions" means the designs,

3 drawings, and specifications that establish the scope of the

4 interior design to be constructed, the standard of quality for

5 materials, workmanship, equipment, and construction systems,

6 and the studies and other technical reports and calculations

7 prepared in the course of the practice of registered interior

8 design.

9   "Practice of registered interior design" means the design

10 of interior spaces as a part of an interior alteration or

11 interior construction project in conformity with public

12 health, safety, and welfare requirements, including the

13 preparation of documents relating to building code

14 descriptions, project egress plans that require no increase in

15 capacity of exits in the space affected, space planning,

16 finish materials, furnishings, fixtures, equipment, and the

17 preparation of documents and interior technical submissions

18 relating to interior construction. "Practice of registered

19 interior design" does not include:

20         (1) The practice of structural engineering as defined

21  in the Structural Engineering Practice Act of 1989, the

22  practice of professional engineering as defined in the

23  Professional Engineering Practice Act of 1989, or the

24  practice of land surveying as defined in the Illinois

25  Professional Land Surveyor Act of 1989.

26         (2) Services that constitute the practice of
    SB3897 Enrolled          - 37 - LRB104 18005 AAS 31442 b

1   architecture as defined in the Illinois Architecture

2   Practice Act of 1989, except as provided in this Act.

3   (3) Altering or affecting the structural system of a

4   building, including changing the building's live or dead

5   load on the structural system.

6   (4) Changes to the building envelope, including

7   exterior walls, exterior wall coverings, exterior wall

8   openings, exterior windows and doors, architectural trim,

9   balconies and similar projections, bay and oriel windows,

10  roof assemblies and rooftop structures, and glass and

11  glazing for exterior use in both vertical and sloped

12  applications in buildings and structures.

13  (5) Altering or affecting the mechanical, plumbing,

14  heating, air conditioning, ventilation, electrical,

15  vertical transportation, fire sprinkler, or fire alarm

16  systems.

17  (6) Changes beyond the exit access component of a

18  means of egress system.

19  (7) Construction that materially affects life safety

20  systems pertaining to fire safety or the fire protection

21  of structural elements, or alterations to smoke evacuation

22  and compartmentalization systems or to fire-rated vertical

23  shafts in multistory structures.

24  (8) Changes of use to an occupancy of greater hazard

25  as determined by the International Building Code.

26  (9) Changes to the construction classification of the
    SB3897 Enrolled   - 38 - LRB104 18005 AAS 31442 b

1   building or structure according to the International

2   Building Code.

3   "Public member" means a person who is not a registered

4 interior designer, educator in the field, architect,

5 structural engineer, or professional engineer. For purposes of

6 board membership, any, or a person who does not have any with a

7 significant financial interest in the design or construction

8 services service or the design or construction professions

9 profession is not a public member.

10  "Registered interior designer" means a person who has

11 received registration under Section 8 of this Act. A person

12 represents oneself himself or herself to be a "registered

13 interior designer" within the meaning of this Act by holding

14 oneself if he or she holds himself or herself out to the public

15 by any title incorporating the words "registered interior

16 designer" or any title that includes the words "registered

17 interior design".

18  "Responsible control" means the amount of control over

19 detailed professional knowledge of the content of interior

20 technical submissions during the preparation as is ordinarily

21 exercised by registered interior designers applying the

22 required professional standard of care. Merely reviewing or

23 reviewing and correcting an interior technical submission or

24 any portion thereof prepared by those not in the regular

25 employment of the office where the registered interior

26 designer is a resident without control over the content of
    SB3897 Enrolled         - 39 - LRB104 18005 AAS 31442 b

1 such work throughout its preparation does not constitute

2 responsible control.

3   "Secretary" means the Secretary of Financial and

4 Professional Regulation.

5 (Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23;

6 103-154, eff. 6-30-23.)

7   (225 ILCS 310/4) (from Ch. 111, par. 8204)

8   (Section scheduled to be repealed on January 1, 2027)

9   Sec. 4. Title; application of Act.

10  (a) No individual shall, without a valid registration as a

11 registered interior designer issued by the Department, in any

12 manner hold oneself himself or herself out to the public as a

13 registered interior designer or attach the title "registered

14 interior designer" or any other name or designation which

15 would in any way imply that the person he or she is able to use

16 the title "registered interior designer" as defined in this

17 Act.

18  (a-5) Nothing in this Act shall be construed as preventing

19 or restricting the services offered or advertised by an

20 interior designer who is registered under this Act.

21  (b) Nothing in this Act shall prevent the employment, by a

22 registered interior designer association, partnership, or a

23 corporation furnishing interior design services for

24 remuneration, of persons not registered as interior designers

25 to perform services in various capacities as needed, provided
    SB3897 Enrolled        - 40 - LRB104 18005 AAS 31442 b

1 that the persons do not represent themselves as, or use the

2 title of, "registered interior designer".

3   (c) Nothing in this Act shall be construed to limit the

4 activities and use of the title "interior designer" on the

5 part of a person not registered under this Act who is a

6 graduate of an interior design program and a full-time

7 employee of a duly chartered institution of higher education

8 insofar as such person engages in public speaking, with or

9 without remuneration, provided that such person does not

10 represent oneself himself or herself to be a registered

11 interior designer or use the title "registered interior

12 designer".

13  (d) Nothing contained in this Act shall restrict any

14 person not registered under this Act from carrying out any of

15 the activities listed in the definition of "practice of

16 registered interior design" "the profession of interior

17 design" in Section 3 if such person does not represent oneself

18 himself or herself or the person's his or her services in any

19 manner prohibited by this Act.

20  (e) Nothing in this Act shall be construed as preventing

21 or restricting the practice, services, or activities of any

22 person licensed in this State under any other law from

23 engaging in the profession or occupation for which that person

24 he or she is licensed.

25  (f) Nothing in this Act shall be construed as preventing

26 or restricting the practice, services, or activities of
    SB3897 Enrolled  - 41 - LRB104 18005 AAS 31442 b

1 engineers licensed under the Professional Engineering Practice

2 Act of 1989 or the Structural Engineering Practice Act of

3 1989; architects licensed pursuant to the Illinois

4 Architectural Practice Act of 1989; any interior decorator or

5 individual offering interior decorating services including,

6 but not limited to, the selection of surface materials, window

7 treatments, wall coverings, furniture, accessories, paint,

8 floor coverings, and lighting fixtures; or builders, home

9 furnishings salespersons, and similar purveyors of related

10 goods and services relating to homemaking.

11  (g) Nothing in this Act or any other Act shall prevent a

12 licensed architect from practicing interior design services.

13 Nothing in this Act shall be construed as requiring the

14 services of a registered interior designer for the interior

15 designing of a single family residence.

16  (h) Nothing in this Act shall authorize registered

17 interior designers to perform services, including life safety

18 services that they are prohibited from performing, or any

19 practice: (i) that is restricted in the Professional

20 Engineering Practice Act of 1989, the Professional Land

21 Surveyor Act of 1989, or of the Structural Engineering

22 Practice Act of 1989; (ii) that is restricted in the Illinois

23 Architecture Practice Act of 1989, except as provided in this

24 Act; or (iii) that they are not authorized to perform under the

25 Environmental Barriers Act, except as provided in this Act.

26  (i) Nothing in this Act shall authorize registered
    SB3897 Enrolled        - 42 - LRB104 18005 AAS 31442 b

1 interior designers to advertise services that they are

2 prohibited to perform, including architecture or engineering

3 services, nor to use the title "architect" in any form.

4   (j) Nothing in this Act shall be construed as preventing

5 or restricting persons from engaging in professional services

6 limited to the design of kitchen and bath spaces or the

7 specification of products for kitchen and bath areas in

8 noncommercial settings.

9 (Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23.)

10  (225 ILCS 310/4.5)

11  (Section scheduled to be repealed on January 1, 2027)

12  Sec. 4.5. Unregistered practice; violation; civil penalty.

13  (a) Any person who holds oneself himself or herself out to

14 be a registered interior designer without being registered

15 under this Act shall, in addition to any other penalty

16 provided by law, pay a civil penalty to the Department in an

17 amount not to exceed $5,000 for each offense as determined by

18 the Department. The civil penalty shall be assessed by the

19 Department after a hearing is held in accordance with the

20 provisions set forth in this Act regarding the provision of a

21 hearing for the discipline of a registrant.

22  (b) The Department has the authority and power to

23 investigate any illegal use of the title of registered

24 interior designer.

25  (c) The civil penalty shall be paid within 60 days after
    SB3897 Enrolled  - 43 - LRB104 18005 AAS 31442 b

1 the effective date of the order imposing the civil penalty.
2 The order shall constitute a judgment and may be filed and
3 execution had thereon in the same manner as any judgment from
4 any court of record.
5 (Source: P.A. 102-20, eff. 1-1-22.)

6   (225 ILCS 310/6) (from Ch. 111, par. 8206)

7   (Section scheduled to be repealed on January 1, 2027)

8   Sec. 6. Board of Registered Interior Design Professionals.

9 The Secretary shall appoint a Board of Registered Interior

10 Design Professionals consisting of 5 members who shall serve

11 in an advisory capacity to the Secretary. All members of the

12 Board shall be residents of Illinois. Four members shall (i)

13 hold a valid registration as an interior designer in Illinois

14 and have held the registration under this Act for the

15 preceding 10 years; and (ii) not have been disciplined within

16 the preceding 10 years under this Act. In addition to the 4

17 registered interior designer members, there shall be one

18 public member. The public member shall be a voting member and

19 shall not be licensed or registered under this Act or any other

20 design profession licensing Act that the Department

21 administers.

22  Board members shall serve 5-year terms and until their

23 successors are appointed and qualified. In appointing members

24 to the Board, the Secretary shall give due consideration to

25 recommendations by members and organizations of the interior
    SB3897 Enrolled   - 44 - LRB104 18005 AAS 31442 b

1 design profession.

2   The membership of the Board should reasonably reflect

3 representation from the geographic areas in this State.

4   No member shall be reappointed to the Board for a term that

5 would cause his or her continuous service on the Board to be

6 longer than 2 consecutive 5-year terms.

7   Appointments to fill vacancies shall be made in the same

8 manner as original appointments for the unexpired portion of

9 the vacated term.

10  Three members of the Board shall constitute a quorum. A

11 quorum is required for Board decisions.

12  The Secretary may remove any member of the Board for cause

13 at any time. The Secretary shall be the sole arbiter of cause.

14 misconduct, incompetence, or neglect of duty or for reasons

15 prescribed by law for removal of State officials.

16  The Secretary may remove a member of the Board who does not

17 attend 2 consecutive meetings.

18  Notice of proposed rulemaking may be transmitted to the

19 Board and the Department may review the response of the Board

20 and any recommendations made therein. The Department may, at

21 any time, seek the expert advice and knowledge of the Board on

22 any matter relating to the administration or enforcement of

23 this Act.

24  Members of the Board are not liable for damages in any

25 action or proceeding as a result of activities performed as

26 members of the Board, except upon proof of actual malice.
    SB3897 Enrolled  - 45 - LRB104 18005 AAS 31442 b

1   Members of the Board shall be reimbursed for all

2 legitimate, necessary, and authorized expenses.

3 (Source: P.A. 102-20, eff. 1-1-22.)

4   (225 ILCS 310/7) (from Ch. 111, par. 8207)

5   (Section scheduled to be repealed on January 1, 2027)

6   Sec. 7. Board recommendations. The Secretary may shall

7 consider the recommendations of the Board in establishing

8 guidelines for professional conduct, for the conduct of formal

9 disciplinary proceedings brought under this Act, and for

10 establishing guidelines for qualifications of applicants.

11 Notice of proposed rulemaking may be transmitted to the Board

12 and the Department shall review the response of the Board and

13 any recommendations made in their response. The Department, at

14 any time, may seek the expert advice and knowledge of the Board

15 on any matter relating to the administration or enforcement of

16 this Act.

17 (Source: P.A. 102-20, eff. 1-1-22.)

18  (225 ILCS 310/8) (from Ch. 111, par. 8208)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 8. Application requirements for registration.

21  (a) Each applicant for registration shall apply to the

22 Department in writing on a form or electronically as provided

23 by the Department. The Department may require an applicant, at

24 the applicant's expense, to have an evaluation of the
    SB3897 Enrolled  - 46 - LRB104 18005 AAS 31442 b

1 applicant's education in a foreign country by a nationally

2 recognized evaluation service approved by the Department in

3 accordance with the rules adopted by the Department. Except as

4 otherwise provided in this Act, each applicant shall take and

5 pass the examination approved by the Department. Prior to

6 registration, the applicant shall provide substantial evidence

7 to the Board that the applicant has completed the education

8 and work experience requirements to sit for the NCIDQ

9 examination administered by the Council for Interior Design

10 Qualification, has successfully passed the NCIDQ examination

11 exam, has maintained an active NCIDQ certification, and:

12  (1) is a graduate of a 5-year interior design or

13  architecture program from an accredited institution and

14  has completed at least 2 years of full-time diversified

15  interior design experience;

16  (2) is a graduate of a 4-year interior design or

17  architecture program from an accredited institution and

18  has completed at least 2 years of full-time diversified

19  interior design experience;

20  (3) has completed at least 3 years of interior design

21  or architecture curriculum from an accredited institution

22  and has completed 3 years of full-time diversified

23  interior design experience; or

24  (4) is a graduate of a 2-year interior design or

25  architecture program from an accredited institution and

26  has completed 4 years of full-time diversified interior
    SB3897 Enrolled     - 47 - LRB104 18005 AAS 31442 b

1   design experience.

2   (b) (Blank). In addition to providing evidence of meeting

3 the requirements of subsection (a), each applicant for

4 registration as a registered interior designer shall provide

5 substantial evidence that the applicant has successfully

6 completed the examination administered by the Council for

7 Interior Design Qualification.

8   (b-5) Each applicant for registration shall pay to the

9 Department the required registration fee, which is not

10 refundable, at the time of filing the application.

11  (b-10) Each applicant for renewal or reinstatement of

12 registration under this Act shall have completed continuing

13 education as set forth by the Department by rule. The

14 Department shall consider the recommendations of the Board in

15 establishing requirements for continuing education

16 requirements but shall be no less than 10 hours of continuing

17 education in the areas of health, safety, and welfare every 2

18 years.

19  (c) Applicants have 3 years from the date of application

20 to complete the application process. If the process has not

21 been completed in 3 years, the application shall expire, the

22 fee shall be forfeited, and the applicant must reapply and

23 meet the requirements in effect at the time of reapplication.

24 An individual may apply for original registration prior to

25 passing the examination. The individual shall have 3 years

26 after the date of filing an application to pass the
    SB3897 Enrolled       - 48 - LRB104 18005 AAS 31442 b

1 examination. If evidence and documentation of passing the

2 examination are received by the Department later than 3 years

3 after the individual's filing, the application shall be denied

4 and the fee forfeited. The applicant may reapply at any time,

5 but shall meet the requirements in effect at the time of

6 reapplication.

7   (d) Upon payment of the required fee, which shall be

8 determined by rule, an applicant who is an architect licensed

9 under the laws of this State may, without examination, be

10 granted registration as a registered interior designer by the

11 Department provided the applicant submits proof of an active

12 architectural license in Illinois.

13 (Source: P.A. 102-1066, eff. 1-1-23; 103-1044, eff. 1-1-25.)

14  (225 ILCS 310/9) (from Ch. 111, par. 8209)

15  (Section scheduled to be repealed on January 1, 2027)

16  Sec. 9. Expiration; renewal; restoration.

17  (a) The expiration date and renewal period for each

18 certificate of registration issued under this Act shall be set

19 by rule. A registrant may renew such registration during the

20 month preceding its expiration date by paying the required

21 renewal fee.

22  (b) Inactive status.

23  (1) Any registrant who notifies the Department in

24  writing on forms prescribed by the Department may elect to

25  place that person's his or her certificate of registration
    SB3897 Enrolled  - 49 - LRB104 18005 AAS 31442 b

1   on an inactive status and shall, subject to rules of the

2   Department, be excused from payment of renewal fees until

3   that person he or she notifies the Department in writing

4   of that person's his or her desire to resume active

5   status.

6   (2) Any registrant requesting restoration from

7   inactive status shall be required to pay the current

8   renewal fee and shall be required to restore the his or her

9   registration.

10  (3) Any registrant whose registration is on inactive

11  status shall not use the title "registered interior

12  designer" in the State of Illinois.

13  (4) Any registrant who uses the title "registered

14  interior designer" while the registrant's his or her

15  certificate of registration is lapsed or inactive shall be

16  considered to be using the title without a registration

17  which shall be grounds for discipline under Section 13 of

18  this Act.

19  (c) Any registrant whose registration has expired may have

20 the registrant's his or her certificate of registration

21 restored at any time within 5 years after its expiration, upon

22 making application to the Department and payment of the

23 required fee.

24  (d) Any registrant person whose registration has been

25 expired for more than 5 years may have the registrant's his or

26 her registration restored by making application to the
    SB3897 Enrolled        - 50 - LRB104 18005 AAS 31442 b

1 Department and submitting filing proof acceptable to the

2 Department of the registrant's his or her fitness to have the

3 registrant's his or her registration restored, including, but

4 not limited to, sworn evidence certifying to active practice

5 in another jurisdiction satisfactory to the Department and

6 proof of completion of applicable continuing education,

7 including sworn evidence certifying to active lawful practice

8 in another jurisdiction, and by paying the required

9 restoration fee. A person using the title "registered interior

10 designer" on an expired registration is deemed to be in

11 violation of this Act.

12  (e) If a person whose certificate of registration has

13 expired has not maintained active status in another

14 jurisdiction, the Department shall determine, by an evaluation

15 process established by rule, that person's his or her fitness

16 to resume active status, including by requiring and may

17 require the person to complete a period of evaluated practical

18 experience, and also requiring may require successful

19 completion of an examination.

20  (f) Any person whose certificate of registration has

21 expired while that person he or she has been engaged (1) in

22 federal or State service active duty, or (2) in training or

23 education under the supervision of the United States

24 preliminary to induction into the military service, may have

25 that person's his or her registration restored without paying

26 any lapsed renewal or restoration fee if, within 2 years after
    SB3897 Enrolled        - 51 - LRB104 18005 AAS 31442 b

1 termination of such service, training or education, that

2 person he or she furnishes the Department with satisfactory

3 proof that the person he or she has been so engaged and that

4 the person's his or her service, training, or education has

5 been so terminated.

6   (g) An individual applying for restoration of a

7 registration shall have 3 years from the date of application

8 to complete the application process. If the process has not

9 been completed in 3 years, the application shall expire be

10 denied and the fee forfeited. The applicant may reapply at any

11 time.

12 (Source: P.A. 100-920, eff. 8-17-18.)

13  (225 ILCS 310/10) (from Ch. 111, par. 8210)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 10. Endorsement.

16  (a) Upon payment of the required fee and the filing of an

17 application in writing on a form or electronically as provided

18 by the Department, an applicant who is an interior designer

19 currently registered, certified, or licensed under the laws of

20 another state or territory of the United States or a foreign

21 country or province shall, without further examination, be

22 granted registration as an interior designer by the Department

23 whenever the requirements of such state or territory of the

24 United States or a foreign country or province were, at the

25 date of registration, certification, or licensure,
    SB3897 Enrolled            - 52 - LRB104 18005 AAS 31442 b

1 substantially equal to or greater than the requirements then

2 in force in this State. The Department may adopt rules

3 governing recognition of education and legal practice of the

4 profession in another jurisdiction, requiring additional

5 education, and determining when an examination may be

6 required.

7   (b) If the accuracy of any submitted documentation or

8 relevance or sufficiency of the coursework or experience is

9 questioned by the Department or the Board because of a lack of

10 information, discrepancies, or conflicts in information given,

11 or a need for clarification, the applicant seeking

12 registration may be required to provide additional

13 information.

14  (c) Applicants have 3 years from the date of application

15 to complete the application process. If the process has not

16 been completed within the 3 years, then the application shall

17 expire be denied, the fee shall be forfeited, and the

18 applicant must reapply and meet the requirements in effect at

19 the time of reapplication.

20 (Source: P.A. 103-1044, eff. 1-1-25.)

21  (225 ILCS 310/11) (from Ch. 111, par. 8211)

22  (Section scheduled to be repealed on January 1, 2027)

23  Sec. 11. Fees. The Department shall provide by rule for a

24 schedule of fees for the administration and enforcement of

25 this Act, including but not limited to original registration,
   SB3897 Enrolled  - 53 - LRB104 18005 AAS 31442 b

1 renewal, and restoration. The fees shall be nonrefundable.

2  All fees collected under this Act shall be deposited into

3 the General Professions Dedicated Fund and shall be

4 appropriated to the Department for the ordinary and contingent

5 expenses of the Department in the administration of this Act.

6 (Source: P.A. 102-20, eff. 1-1-22.)

7  (225 ILCS 310/12) (from Ch. 111, par. 8212)

8  (Section scheduled to be repealed on January 1, 2027)

9  Sec. 12. Returned checks; penalties. Any person who

10 delivers a check or other payment to the Department that is

11 returned to the Department unpaid by the financial institution

12 upon which it is drawn shall pay to the Department, in addition

13 to the amount already owed to the Department, a fine of $50.

14 The fines imposed by this Section are in addition to any other

15 discipline provided under this Act for prohibited use of a

16 title without a registration or on a nonrenewed registration.

17 The Department shall notify the person that payment of fees

18 and fines shall be paid to the Department by certified check or

19 money order within 30 calendar days of the notification. If,

20 after the expiration of 30 days from the date of the

21 notification, the person has failed to submit the necessary

22 remittance, the Department shall automatically terminate the

23 registration or deny the application, without hearing. If,

24 after termination or denial, the person seeks registration,

25 the person he or she shall apply to the Department for
    SB3897 Enrolled  - 54 - LRB104 18005 AAS 31442 b

1 restoration or issuance of the registration and pay all fees
2 and fines due to the Department. The Department may establish
3 a fee for the processing of an application for restoration of a
4 certificate of registration to pay all expenses of processing
5 this application. The Director may waive the fines due under
6 this Section in individual cases where the Director finds that
7 the fines would be unreasonable or unnecessarily burdensome.
8 (Source: P.A. 92-146, eff. 1-1-02.)

9   (225 ILCS 310/14) (from Ch. 111, par. 8214)

10  (Section scheduled to be repealed on January 1, 2027)

11  Sec. 14. Investigations; Notice of hearing. Upon the

12 motion of either the Department or the Board, or upon the

13 verified complaint in writing of any person setting forth

14 facts which, if proven, would constitute grounds for refusal,

15 suspension, or revocation of registration under this Act, the

16 Board shall investigate the actions of any person, hereinafter

17 called the "registrant", who holds or represents that the

18 person he holds a certificate of registration. All such

19 motions or complaints shall be brought to the Board.

20  The Director shall, before suspending, revoking, placing

21 on probationary status, or taking any other disciplinary

22 action as the Director may deem proper with regard to any

23 registration, at least 30 days prior to the date set for the

24 hearing, notify the registrant in writing of any charges made

25 and the time and place for a hearing on the charges before the
    SB3897 Enrolled      - 55 - LRB104 18005 AAS 31442 b

1 Board. The Board shall also direct the registrant to file a his

2 written answer to the charges with the Board under oath within

3 20 days after the service on the registrant him of such notice,

4 and inform the registrant him that if the registrant he fails

5 to file such answer, the registrant's his certificate of

6 registration may be suspended, revoked, placed on probationary

7 status or other disciplinary action may be taken with regard

8 thereto, as the Director may deem proper.

9   The written notice and any notice in such proceeding may

10 be served by delivery personally to the registrant, by email,

11 or by registered or certified mail to the address specified by

12 the registrant in the registrant's his last notification to

13 the Director.

14  The Department, at its expense, shall preserve a record of

15 all proceedings at the formal hearing of any case involving

16 the refusal to issue or renew a registration, or discipline of

17 a registrant. The notice of hearing, complaint, and all other

18 documents in the nature of pleadings and written motions filed

19 in the proceedings, the transcript of testimony, the report of

20 the Board, and the orders of the Department shall be the record

21 of such proceedings.

22 (Source: P.A. 102-20, eff. 1-1-22.)

23  (225 ILCS 310/15) (from Ch. 111, par. 8215)

24  (Section scheduled to be repealed on January 1, 2027)

25  Sec. 15. Disciplinary actions.
    SB3897 Enrolled  - 56 - LRB104 18005 AAS 31442 b

1   (a) In case the registrant, after receiving notice, fails

2 to file an answer, the registrant's his registration may, in

3 the discretion of the Director, having first received the

4 recommendation of the Board, be suspended, revoked, placed on

5 probationary status, or the Director may take whatever

6 disciplinary action the Director he may deem proper, including

7 the imposition of a fine, without a hearing, if the act or acts

8 charged constitute sufficient grounds for such action under

9 this Act.

10  (b) The Director may temporarily suspend the registration

11 of a registrant without a hearing, simultaneous to the

12 institution of proceedings for a hearing under this Act, if

13 the Director finds that evidence in the Director's his

14 possession indicates that the person's continuation of use of

15 the title would constitute an immediate danger to the public.

16 In the event that the Director temporarily suspends the

17 registration of a registrant without a hearing, a hearing by

18 the Board must be held within 15 days after such suspension has

19 occurred and concluded without appreciable delay.

20 (Source: P.A. 88-650, eff. 9-16-94.)

21  (225 ILCS 310/18) (from Ch. 111, par. 8218)

22  (Section scheduled to be repealed on January 1, 2027)

23  Sec. 18. Recommendations for disciplinary action; Action

24 by Director. The Board may advise the Director that probation

25 be granted or that other disciplinary action, including the
    SB3897 Enrolled  - 57 - LRB104 18005 AAS 31442 b

1 limitation of the use of the title, be taken, as it deems

2 proper. If disciplinary action other than suspension or

3 revocation is taken, the Board may advise the Director to

4 impose reasonable limitations and requirements upon the

5 registrant to ensure insure compliance with the terms of the

6 probation or other disciplinary action, including, but not

7 limited to, regular reporting by the registrant to the

8 Director of the registrant's his actions, or the registrant

9 placing oneself himself under the care of a qualified

10 physician for treatment, or limiting the registrant's his use

11 of the title in such manner as the Director may require.

12  The Board shall present to the Director a written report

13 of its findings and recommendations. A copy of the report

14 shall be served upon the registrant, by email, either

15 personally, or by registered or certified mail. Within 20 days

16 after such service, the registrant may present to the

17 Department the registrant's his motion in writing for a

18 rehearing, specifying the particular grounds for rehearing. If

19 the registrant orders and pays for a transcript of the record,

20 the time elapsing until the transcript is ready for delivery

21 to the registrant him shall not be counted as part of such 20

22 days.

23  At the expiration of the time allowed for filing a motion

24 for rehearing, the Director may take the action recommended by

25 the Board. Upon suspension, revocation, placement on

26 probationary status, or the taking of any other disciplinary
    SB3897 Enrolled         - 58 - LRB104 18005 AAS 31442 b

1 action, including the limiting of the use of the title, deemed

2 proper by the Director with regard to the registration, the

3 registrant shall surrender the his certificate of registration

4 to the Department if ordered to do so by the Department. Upon

5 the registrant's his failure or refusal to do so, the

6 Department may seize the certificate of registration.

7   In all instances in which the Board has rendered a

8 recommendation to the Director with respect to a particular

9 person, the Director shall, to the extent that the Director he

10 disagrees with or takes action contrary to the recommendation

11 of the Board, file with the Board his specific written reasons

12 of disagreement. Such reasons shall be filed within 30 days

13 after the Director has taken the contrary position.

14  Each order of revocation, suspension, or other

15 disciplinary action shall contain a brief and concise

16 statement of the ground or grounds upon which the Department's

17 action is based, as well as the specific terms and conditions

18 of such action.

19  Whenever the Director is satisfied that substantial

20 justice has not been done either in an examination or in the

21 revocation, suspension, or refusal to issue a certificate of

22 registration, or other disciplinary action, the Director may

23 order a re-examination or rehearing.

24 (Source: P.A. 86-1404.)

25  (225 ILCS 310/19) (from Ch. 111, par. 8219)
    SB3897 Enrolled         - 59 - LRB104 18005 AAS 31442 b

1   (Section scheduled to be repealed on January 1, 2027)

2   Sec. 19. Hearing officer. The Director has the authority

3 to appoint any attorney duly licensed to practice law in the

4 State of Illinois to serve as the hearing officer for any

5 disciplinary action under this Act. The hearing officer shall

6 have full authority to conduct the hearing. The hearing

7 officer shall report the hearing officer's his findings and

8 recommendations to the Board and the Director. The Board shall

9 have 60 days from receipt of the report to review the report of

10 the hearing officer and present its findings of fact,

11 conclusions of law, and recommendations to the Director. If

12 the Board fails to present its report within the 60-day 60 day

13 period, the Director may issue an order based on the report of

14 the hearing officer. If the Director disagrees in any regard

15 with the Board's report, the Director he may issue an order in

16 contravention of the Board's report.

17 (Source: P.A. 86-1404.)

18  (225 ILCS 310/27) (from Ch. 111, par. 8227)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 27. Filing registration or diploma of another. Any

21 person filing, or attempting to file, as the person's his own

22 the diploma or registration of another, or a forged affidavit

23 of identification or qualification, is guilty of a Class 3

24 felony, and upon conviction is subject to such fine and

25 imprisonment as is made and provided by the statutes of this
    SB3897 Enrolled              - 60 - LRB104 18005 AAS 31442 b

1 State for the crime of forgery.
2 (Source: P.A. 86-1404.)

3   (225 ILCS 310/30) (from Ch. 111, par. 8230)

4   (Section scheduled to be repealed on January 1, 2027)

5   Sec. 30. Fund; appropriations; investments; audits. All of

6 the fees collected pursuant to this Act shall be deposited

7 into the Design Professionals Administration and Investigation

8 General Professions Dedicated Fund.

9   The moneys deposited into in the Design Professionals

10 Administration and Investigation General Professions Dedicated

11 Fund may be used for the expenses of the Department in the

12 administration of this Act.

13  Moneys from the Fund may also be used for direct and

14 allocable indirect costs related to the public purposes of the

15 Department of Professional Regulation. Moneys in the Fund may

16 be transferred to the Professions Indirect Cost Fund as

17 authorized by Section 2105-300 of the Department of

18 Professional Regulation Law.

19  Upon the completion of any audit of the Department as

20 prescribed by the Illinois State Auditing Act that includes an

21 audit of the Design Professionals Administration and

22 Investigation General Professions Dedicated Fund, the

23 Department shall make the audit open to inspection by any

24 interested person. The copy of the audit report required to be

25 submitted to the Department by this Section is in addition to
    SB3897 Enrolled          - 61 - LRB104 18005 AAS 31442 b

1 copies of audit reports required to be submitted to other
2 State officers and agencies by Section 3-14 of the Illinois
3 State Auditing Act.
4 (Source: P.A. 102-20, eff. 1-1-22.)

5   Section 25. The Landscape Architecture Registration Act is

6 amended by changing Sections 10, 20, 23, 25, 30, 33, 34, 48,

7 50, 55, 60, 70, 80, 85, 95, and 110 as follows:

8   (225 ILCS 316/10)

9   (Section scheduled to be repealed on January 1, 2027)

10  Sec. 10. Definitions. For purposes of As used in this Act,

11 the following definitions shall have the following meanings,

12 except where the context requires otherwise:

13  "Address of record" means the designated address recorded

14 by the Department in the applicant's application file or

15 registrant's registration file as maintained by the

16 Department.

17  "Board" means the Registered Landscape Architecture

18 Registration Board.

19  "Department" means the Department of Financial and

20 Professional Regulation.

21  "Email address of record" means the designated email

22 address of record by the Department in the applicant's

23 application file or registrant's registration file as

24 maintained by the Department's licensure maintenance unit
    SB3897 Enrolled  - 62 - LRB104 18005 AAS 31442 b

1 Department.

2   "Landscape architecture" means the art and science of

3 arranging land, together with the spaces and objects upon it,

4 for the purpose of creating a safe, efficient, healthful, and

5 aesthetically pleasing physical environment for human use and

6 enjoyment, as performed by landscape architects.

7   "Landscape architectural practice" or "practice of

8 landscape architecture" means the offering or furnishing of

9 professional services in connection with a landscape

10 architecture project that do not require the seal of an

11 architect, land surveyor, professional engineer, or structural

12 engineer. These services may include, but are not limited to,

13 providing preliminary studies; developing design concepts;

14 planning for the relationships of physical improvements and

15 intended uses of the site, including the preparation and

16 filing of sketches, drawings, plans, and specifications;

17 establishing form and aesthetic elements; developing those

18 technical details on the site that are exclusive of any

19 building or structure; preparing and administering

20 coordinating technical submissions; and conducting site

21 observation of a landscape architecture project.

22  "Registered landscape architect" means a person who, based

23 on education, experience, and examination in the field of

24 landscape architecture, is registered under this Act.

25  "Secretary" means the Secretary of Financial and

26 Professional Regulation. The Secretary may designate the
    SB3897 Enrolled         - 63 - LRB104 18005 AAS 31442 b

1 Secretary's his or her duties under this Act to a designee of
2 the Secretary's his or her choice, including, but not limited
3 to, the Director of Professional Regulation.
4 (Source: P.A. 102-284, eff. 8-6-21; 103-309, eff. 1-1-24.)

5   (225 ILCS 316/20)

6   (Section scheduled to be repealed on January 1, 2027)

7   Sec. 20. Seal.

8   (a) Every registered landscape architect shall have a

9 reproducible seal, which may be computer generated, the

10 impression of which shall contain the name of the registered

11 landscape architect, the registered landscape architect's

12 registration number, and the words "Registered Landscape

13 Architect, State of Illinois". The registered landscape

14 architect shall be responsible for the registered landscape

15 architect's his or her seal and signature as defined by rule.

16  (b) Notwithstanding the requirements of this Section, an

17 architect, land surveyor, professional engineer, or structural

18 engineer licensed by the Department shall be permitted to

19 affix the architect's, land surveyor's, professional

20 engineer's, or structural engineer's his or her seal to any

21 plans, specifications, and reports prepared by or under his or

22 her supervision in connection with the incidental practice of

23 landscape architecture.

24  (c) For all plans, specifications, or other technical

25 submissions prepared or issued by the registered landscape
    SB3897 Enrolled    - 64 - LRB104 18005 AAS 31442 b

1 architect and filed for public record, the registered

2 landscape architect shall affix the registered landscape

3 architect's signature, current date, date of registration

4 expiration, and a form of seal as prescribed by rule.

5   (d) The registered landscape architect's signature, date,

6 and seal shall be evidence of the authenticity of that to which

7 the signature, date, and seal are affixed. Any and all

8 technical submissions may be transmitted electronically and

9 may be signed by the registered landscape architect, dated,

10 and sealed electronically with said seal.

11 (Source: P.A. 102-284, eff. 8-6-21.)

12  (225 ILCS 316/23)

13  (Section scheduled to be repealed on January 1, 2027)

14  Sec. 23. Technical submissions.

15  (a) As used in this Act Section, "technical submissions"

16 includes the designs, drawings, plans, and specifications, and

17 reports that establish the scope of a landscape architecture

18 project; the standard of quality for materials, workmanship,

19 equipment, and systems; and the studies and other technical

20 reports and calculations prepared in the course of the

21 practice of landscape architecture.

22  (b) A registered landscape architect shall not exercise

23 authority in preparing technical submissions that require the

24 involvement of an architect, professional engineer, structural

25 engineer, or professional land surveyor licensed in Illinois.
    SB3897 Enrolled    - 65 - LRB104 18005 AAS 31442 b

1   (c) The registered landscape architect who has contract

2 responsibility shall seal a cover sheet of the technical

3 submissions and those individual portions of the technical

4 submissions for which the registered landscape architect is

5 legally and professionally responsible.

6 (Source: P.A. 102-284, eff. 8-6-21.)

7   (225 ILCS 316/25)

8   (Section scheduled to be repealed on January 1, 2027)

9   Sec. 25. Display of registration. Every holder of a

10 registered landscape architect registration shall display the

11 holder's his or her certificate of registration in a

12 conspicuous place in the holder's his or her principal office,

13 place of business, or place of employment.

14 (Source: P.A. 102-284, eff. 8-6-21.)

15  (225 ILCS 316/30)

16  (Section scheduled to be repealed on January 1, 2027)

17  Sec. 30. Address of record; email address of record. All

18 applicants and registrants shall:

19       (1) provide a valid address and email address to the

20  Department, which shall serve as the address of record and

21  email address of record, respectively, at the time of

22  application for registration or renewal of registration;

23  and

24       (2) inform the Department of any change of address of
    SB3897 Enrolled         - 66 - LRB104 18005 AAS 31442 b

1   record or email address of record within 14 days after the

2   such change, either through the Department's website or by

3   contacting the Department's licensure maintenance unit

4   Department.

5 (Source: P.A. 102-284, eff. 8-6-21.)

6   (225 ILCS 316/33)

7   (Section scheduled to be repealed on January 1, 2027)

8   Sec. 33. Registered Landscape Architecture Registration

9 Board.

10  (a) The Secretary shall appoint a Registered Landscape

11 Architecture Registration Board. The Board shall consist of 5

12 persons who shall serve in an advisory capacity to the

13 Secretary. All members of the Board shall be residents of

14 Illinois. Four members shall be registered under this Act and

15 have not been disciplined within the last 10-year period under

16 this Act or the Illinois Landscape Architecture Act of 1989.

17 In addition to the 4 registered landscape architects, there

18 shall be one public member. The public member shall be a voting

19 member and shall not be registered under this Act or licensed

20 under any other design profession licensing Act that the

21 Department administers.

22  (b) Board members shall serve 5-year terms and until their

23 successors are appointed and qualified.

24  (c) In appointing members to the Board, the Secretary

25 shall give due consideration to recommendations by members and
    SB3897 Enrolled        - 67 - LRB104 18005 AAS 31442 b

1 organizations of the landscape architecture profession.

2   (d) The membership of the Board should reasonably reflect

3 representation from the geographic areas in this State.

4   (e) No member shall be reappointed to the Board for a term

5 that would cause the member's his or her continuous service on

6 the Board to be longer than 2 consecutive 5-year terms.

7   (f) An appointment to fill a vacancy for the unexpired

8 portion of the vacated term shall be made in the same manner as

9 an initial appointment.

10  (g) Three members shall constitute a quorum. A quorum is

11 required for Board decisions.

12  (h) The Secretary may terminate or refuse the appointment

13 of any member of the Board for cause that, in the opinion of

14 the Secretary, reasonably justified such termination, which

15 may include, but is not limited to, a Board member who does not

16 attend 2 consecutive meetings.

17  (i) Members of the Board may be reimbursed for all

18 legitimate, necessary, and authorized expenses.

19  (j) (Blank). The Department may at any time seek the

20 expert advice and knowledge of the Board on any matter

21 relating to the enforcement of this Act.

22  (k) Members of the Board shall be immune from suit in any

23 action based upon any disciplinary proceedings or other acts

24 performed in good faith as members of the Board, unless the

25 conduct that gave rise to the suit was willful and wanton

26 misconduct.
    SB3897 Enrolled        - 68 - LRB104 18005 AAS 31442 b

1 (Source: P.A. 102-284, eff. 8-6-21.)

2   (225 ILCS 316/34)

3   (Section scheduled to be repealed on January 1, 2027)

4   Sec. 34. Powers and duties of the Board.

5   (a) The Board shall meet hold at least once per one meeting

6 each year or as otherwise called by the Secretary, with any

7 such meeting conducted in accordance with the Open Meetings

8 Act.

9   (b) The Board shall annually elect a chairperson and a

10 vice chairperson who shall be registered landscape architects.

11  (c) The Department may, at any time, seek the expert

12 advice and knowledge of the Board on any matter relating to the

13 enforcement of this Act, including, but not limited to,

14 qualifications of applicants for registration.

15 (Source: P.A. 102-284, eff. 8-6-21.)

16  (225 ILCS 316/48)

17  Sec. 48. Endorsement.

18  (a) The Department may issue a registration as a landscape

19 architect to an applicant who submits a valid application

20 accompanied by the required fee and is a landscape architect

21 licensed, or registered, certified, or otherwise authorized

22 under the laws of another state, the District of Columbia, a

23 territory of the United States, or a foreign country if the

24 requirements for licensure, registration, or certification, or
    SB3897 Enrolled    - 69 - LRB104 18005 AAS 31442 b

1 authorization in that other jurisdiction were, on the date of

2 original licensure, registration, or certification,

3 substantially equivalent to the requirements then in force in

4 this State.

5   (b) An application for endorsement shall provide proof of

6 passage of an examination required for registration.

7   (c) If the accuracy of any submitted documentation or

8 relevance or sufficiency of the coursework or experience is

9 questioned by the Department or the Board because of a lack of

10 information, discrepancies, or conflicts in information given

11 or a need for clarification, the applicant seeking

12 registration may be required to provide additional

13 information.

14  (d) An applicant has 3 years from the date of application

15 to complete the application process. If the process has not

16 been completed in 3 years, the application shall be expired

17 denied, the fee forfeited, and the applicant must reapply and

18 meet the requirements in effect at the time of reapplication.

19  (e) (Blank). This Section is repealed on January 1, 2027.

20 (Source: P.A. 103-1044, eff. 1-1-25.)

21  (225 ILCS 316/50)

22  (Section scheduled to be repealed on January 1, 2027)

23  Sec. 50. Registration, renewal, and restoration.

24  (a) The expiration date and renewal period for each

25 certificate of registration issued under this Act shall be
    SB3897 Enrolled         - 70 - LRB104 18005 AAS 31442 b

1 established by rule. A registrant may renew a certificate of

2 registration during the month preceding its expiration date by

3 paying the required fee.

4   (b) A registered landscape architect who has permitted the

5 registered landscape architect's his or her registration to

6 expire or has had the registered landscape architect's his or

7 her registration placed on inactive status may have the

8 registered landscape architect's his or her registration

9 restored by making application to the Department and filing

10 proof acceptable to the Department of the registered landscape

11 architect's his or her fitness to have the registered

12 landscape architect's his or her registration restored,

13 including, but not limited to, sworn evidence certifying

14 active lawful practice in another jurisdiction satisfactory to

15 the Department and by paying the required fee as determined by

16 rule.

17  (c) A registered landscape architect whose registration

18 expired while engaged (1) in federal service on active duty

19 with the Armed Forces of the United States or the State Militia

20 called into service or training or (2) in training or

21 education under the supervision of the United States

22 preliminary to induction into the military service, may have a

23 registration restored or reinstated without paying any lapsed

24 reinstatement, renewal, or restoration fees if, within 2 years

25 after termination, other than by dishonorable discharge, of

26 such service, training, or education, and the Department is
    SB3897 Enrolled    - 71 - LRB104 18005 AAS 31442 b

1 furnished with satisfactory evidence that the registrant has
2 been so engaged in the practice of landscape architecture and
3 that such service, training, or education has been so
4 terminated.
5 (Source: P.A. 102-284, eff. 8-6-21.)

6   (225 ILCS 316/55)

7   (Section scheduled to be repealed on January 1, 2027)

8   Sec. 55. Prior registrations under the Illinois Landscape

9 Architecture Act of 1989. A person who was actively registered

10 under the Illinois Landscape Architecture Act of 1989 and had

11 renewed the person's his or her registration before January 1,

12 2020, may have the person's his or her registration restored

13 without fee upon the effective date of the rules adopted under

14 this Act.

15 (Source: P.A. 102-284, eff. 8-6-21.)

16  (225 ILCS 316/60)

17  (Section scheduled to be repealed on January 1, 2027)

18  Sec. 60. Inactive status.

19  (a) A person registered under this Act who notifies the

20 Department in writing on forms or electronically as prescribed

21 by the Department may elect to place the person's his or her

22 registration on inactive status and shall, subject to rules of

23 the Department, be excused from payment of renewal fees until

24 the person he or she notifies the Department in writing on
    SB3897 Enrolled    - 72 - LRB104 18005 AAS 31442 b

1 forms or electronically as prescribed by the Department of the

2 person's his or her desire to resume active status.

3   (b) Any registrant whose registration is on inactive

4 status shall not use the title "registered landscape

5 architect" or "landscape architect" in the State of Illinois.

6   (c) Any registrant who uses the title "registered

7 landscape architect" or "landscape architect" while the

8 registrant's his or her registration is inactive shall be

9 considered to be using the title without a registration that

10 shall be grounds for discipline under this Act.

11 (Source: P.A. 102-284, eff. 8-6-21.)

12  (225 ILCS 316/70)

13  (Section scheduled to be repealed on January 1, 2027)

14  Sec. 70. Disposition of funds. All of the fees collected

15 as authorized under this Act shall be deposited into the

16 Design Professionals Administration and Investigation General

17 Professions Dedicated Fund. The moneys deposited into the

18 Design Professionals Administration and Investigation General

19 Professions Dedicated Fund may be used for the expenses of the

20 Department in the administration of this Act. Moneys from the

21 Fund may also be used for direct and allocable indirect costs

22 related to the public purposes of the Department of Financial

23 and Professional Regulation. Moneys in the Fund may be

24 transferred to the Professions Indirect Cost Fund as

25 authorized by Section 2105-300 of the Department of
    SB3897 Enrolled    - 73 - LRB104 18005 AAS 31442 b

1 Professional Regulation Law of the Civil Administrative Code
2 of Illinois.
3 (Source: P.A. 102-284, eff. 8-6-21.)

4   (225 ILCS 316/80)

5   (Section scheduled to be repealed on January 1, 2027)

6   Sec. 80. Unauthorized practice; violation Violation;

7 injunction; cease and desist order; civil penalty.

8   (a) If any person violates the provisions of this Act, the

9 Secretary may, in the name of the People of the State of

10 Illinois, through the Attorney General of the State of

11 Illinois or the State's Attorney of any county in which the

12 action is brought, petition for an order enjoining such

13 violation and for an order enforcing compliance with this Act.

14 Upon the filing of a verified petition in court, the court may

15 issue a temporary restraining order, without notice or bond,

16 and may preliminarily and permanently enjoin such violation.

17 If it is established that such person has violated or is

18 violating the injunction, the Court may punish the offender

19 for contempt of court. Proceedings under this Section shall be

20 in addition to, and not in lieu of, all other remedies and

21 penalties provided by this Act.

22  (b) Whoever holds oneself himself or herself out as a

23 "registered landscape architect", "landscape architect", or

24 any other name or designation that would in any way imply that

25 the person he or she is able to use the title "registered
    SB3897 Enrolled            - 74 - LRB104 18005 AAS 31442 b

1 landscape architect" or "landscape architect" without being

2 registered under this Act shall be guilty of a Class A

3 misdemeanor, and for each subsequent conviction shall be

4 guilty of a Class 4 felony.

5   (c) Any person who holds oneself out as a "registered

6 landscape architect", "landscape architect", or any other name

7 or designation that would in any way imply that the person is

8 able to use the title "registered landscape architect" or

9 "landscape architect" shall, in addition to any other penalty

10 provided by law, pay a civil penalty to the Department in an

11 amount not to exceed $10,000 for each offense, as determined

12 by the Department. The civil penalty shall be assessed by the

13 Department after a hearing is held in accordance with the

14 provisions set forth in this Act regarding the provision of a

15 hearing for the discipline of a licensee.

16  (d) The Department may investigate any actual, alleged, or

17 suspected unauthorized activity.

18  (e) The civil penalty shall be paid within 60 days after

19 the effective date of the order imposing the civil penalty.

20 The order shall constitute a judgment and may be filed and

21 executed thereon in the same manner as any judgment from any

22 court of record.

23  (f) Each day that a violation occurs constitutes a

24 separate offense. Any civil penalties imposed shall be payable

25 to the Department.

26 (Source: P.A. 102-284, eff. 8-6-21.)
    SB3897 Enrolled    - 75 - LRB104 18005 AAS 31442 b

1   (225 ILCS 316/85)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 85. Grounds for discipline.

4   (a) The Department may refuse to issue or to renew a

5 certificate of registration, or may revoke, suspend, place on

6 probation, reprimand, or take other disciplinary or

7 nondisciplinary action the Department may deem proper,

8 including fines not to exceed $10,000 for each violation, with

9 regard to any certificate of registration issued under this

10 Act, for any one or combination of the following reasons:

11  (1) Material misstatement in furnishing information to

12  the Department.

13  (2) Negligent or intentional disregard of this Act or

14  rules adopted under this Act.

15  (3) Conviction of or plea of guilty or nolo

16  contendere, finding of guilt, jury verdict, or entry of

17  judgment or sentencing, including, but not limited to,

18  convictions, preceding sentences of supervision,

19  conditional discharge, or first offender probation under

20  the laws of any jurisdiction of the United States that is

21  (i) a felony, (ii) a misdemeanor, an essential element of

22  which is dishonesty, or (iii) any crime that is directly

23  related to the practice of landscape architecture.

24  (4) Making any misrepresentations for the purpose of

25  obtaining a certificate of registration.
    SB3897 Enrolled  - 76 - LRB104 18005 AAS 31442 b

1   (5) Professional incompetence or gross negligence in

2   the rendering of landscape architectural services.

3   (6) Aiding or assisting another person in violating

4   any provision of this Act or any rules and regulations

5   issued pursuant to this Act.

6   (7) Failing to provide information within 60 days in

7   response to a written request made by the Department.

8   (8) Engaging in dishonorable, unethical, or

9   unprofessional conduct of a character likely to deceive,

10  defraud, or harm the public.

11  (9) Habitual or excessive use or abuse of drugs

12  defined by law as controlled substances, alcohol,

13  narcotics, stimulants, or any other substances that

14  results in the inability to practice with reasonable

15  judgment, skill, or safety.

16  (10) Discipline by another jurisdiction, if at least

17  one of the grounds for the discipline is the same or

18  substantially equivalent to those set forth in this

19  Section.

20  (11) Directly or indirectly giving to or receiving

21  from any person, firm, corporation, partnership, or

22  association any fee, commission, rebate, or other form of

23  compensation for any professional service not actually

24  rendered.

25  (12) A finding by the Department that the registrant,

26  after having the registration placed on probationary
    SB3897 Enrolled       - 77 - LRB104 18005 AAS 31442 b

1   status, has violated or failed to comply with the terms of

2   probation.

3   (13) A finding by the Department that the registrant

4   has failed to pay a fine imposed by the Department.

5   (14) Being named as a perpetrator in an indicated

6   report by the Department of Children and Family Services

7   under the Abused and Neglected Child Reporting Act, and

8   upon proof by clear and convincing evidence that the

9   registrant has caused a child to be an abused child or

10  neglected child as defined in the Abused and Neglected

11  Child Reporting Act.

12  (15) Solicitation of professional services by using

13  false or misleading advertising in any manner that is

14  false, misleading, or deceptive.

15  (16) Inability to practice the profession with

16  reasonable judgment, skill, or safety as a result of

17  physical illness, including, but not limited to,

18  deterioration through the aging process, loss of motor

19  skill, mental illness, or disability.

20  (17) Using or attempting to use an expired, inactive,

21  suspended, or revoked, canceled, nonrenewed, or otherwise

22  inoperative registration, using or the seal of another

23  registrant, or impersonating another registrant.

24  (18) Signing, affixing, or allowing the registered

25  landscape architect's seal to be affixed to any plans not

26  prepared by the registered landscape architect or under
    SB3897 Enrolled    - 78 - LRB104 18005 AAS 31442 b

1   the registered landscape architect's supervision.

2   (19) Practicing, attempting to practice, or

3   advertising under a name other than the full name as shown

4   on the certificate of registration or any other legally

5   authorized name.

6   (20) Performing any act or practice that is a

7   violation of the Consumer Fraud and Deceptive Business

8   Practices Act.

9   (21) Treating any person differently to the person's

10  detriment because of the person's race, color, creed,

11  gender, age, religion, or national origin.

12  (22) Violating any final administrative order of the

13  Secretary.

14  (23) Gross and willful overcharging for professional

15  services, including filing false statements for the

16  collection of fees or moneys for which services are not

17  rendered.

18  (b) The Department may refuse to issue or may suspend the

19 registration of any person who fails to file a return, fails to

20 pay the tax, penalty, or interest showing in a filed return, or

21 fails to pay any final assessment of tax, penalty, or

22 interest, as required by any tax Act administered by the

23 Department of Revenue, until the requirements of any such tax

24 Act are satisfied.

25  (c) The determination or entry of a decree by any circuit

26 court establishing that any person holding a certificate of
    SB3897 Enrolled    - 79 - LRB104 18005 AAS 31442 b

 1 registration under this Act is a person subject to involuntary
 2 admission under the Mental Health and Developmental
 3 Disabilities Code shall operate as a suspension of that
 4 registration. That person may resume using the title
 5 "registered landscape architect" or "landscape architect" only
 6 upon a finding by the Department that the person he or she has
 7 been determined to be no longer subject to involuntary
 8 admission by the court and meeting the requirements for
 9 restoration as required by this Act and its rules.
10 (Source: P.A. 102-284, eff. 8-6-21.)

11  (225 ILCS 316/95)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 95. Record of proceedings.

14  (a) The Department, at its expense, shall provide a

15 certified shorthand reporter to take down the testimony and

16 preserve a record of all proceedings in which a registrant may

17 have their registration revoked or suspended or in which the

18 registrant may be placed on probationary status, reprimanded,

19 fined, or subjected to other disciplinary action with

20 reference to the registration when a disciplinary action is

21 authorized under this Act and rules issued pursuant to this

22 Act. The notice of hearing, complaint, and all other documents

23 in the nature of pleadings and written motions filed in the

24 proceedings, the transcript of the testimony, and the orders

25 of the Department shall be the record of the proceedings. The
    SB3897 Enrolled     - 80 - LRB104 18005 AAS 31442 b

1 record may be made available to any person interested in the

2 hearing upon payment of the fee required by Section 2105-115

3 of the Department of Professional Regulation Law of the Civil

4 Administrative Code of Illinois.

5   (b) The Department may contract for court reporting

6 services, and, if it does so, the Department shall provide the

7 name and contact information for the certified shorthand

8 reporter who transcribed the testimony at a hearing to any

9 person interested, who may obtain a copy of the transcript of

10 any proceedings at a hearing upon payment of the fee specified

11 by the certified shorthand reporter.

12 (Source: P.A. 102-284, eff. 8-6-21.)

13  (225 ILCS 316/110)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 110. Hearing; motion for rehearing.

16  (a) The hearing officer appointed by the Secretary shall

17 hear evidence in support of the formal charges and evidence

18 produced by the registrant. At the conclusion of the hearing,

19 the hearing officer shall present to the Secretary a written

20 report of the hearing officer's his or her findings of fact,

21 conclusions of law, and recommendations.

22  (b) At the conclusion of the hearing, a copy of the hearing

23 officer's report shall be served upon the applicant or

24 registrant, either personally or as provided in this Act for

25 the service of the notice of hearing. Within 20 days after such
    SB3897 Enrolled          - 81 - LRB104 18005 AAS 31442 b

1 service, the applicant or registrant may present to the

2 Department a motion, in writing, for a rehearing which shall

3 specify the particular grounds for rehearing. The Department

4 may respond to the motion for rehearing within 20 days after

5 its service on the Department. If no motion for rehearing is

6 filed, then upon the expiration of the time specified for

7 filing such a motion, or upon denial of a motion for rehearing,

8 the Secretary may enter an order in accordance with the

9 recommendations of the hearing officer. If the applicant or

10 registrant orders from the reporting service and pays for a

11 transcript of the record within the time for filing a motion

12 for rehearing, the 20-day period within which a motion may be

13 filed shall commence upon delivery of the transcript to the

14 applicant or registrant.

15  (c) If the Secretary disagrees in any regard with the

16 report of the hearing officer, the Secretary may issue an

17 order contrary to the hearing officer's report.

18  (d) If the Secretary is not satisfied that substantial

19 justice has been done, the Secretary may order a hearing by the

20 same or another hearing officer.

21  (e) At any point in any investigation or disciplinary

22 proceeding provided for in this Act, both parties may agree to

23 a negotiated consent order. The consent order shall be final

24 upon signature of the Secretary.

25 (Source: P.A. 102-284, eff. 8-6-21.)
    SB3897 Enrolled         - 82 - LRB104 18005 AAS 31442 b

1   Section 30. The Community Association Manager Licensing

2 and Disciplinary Act is amended by changing Sections 10, 20,

3 40, 55, 60, 75, 85, 85.1, 86, 95, and 120 as follows:

4   (225 ILCS 427/10)

5   (Section scheduled to be repealed on January 1, 2027)

6   Sec. 10. Definitions. As used in this Act:

7   "Address of record" means the designated street address,

8 which may not be a post office box, recorded by the Department

9 in the applicant's or licensee's application file or license

10 file maintained by the Department.

11  "Advertise" means, but is not limited to, issuing or

12 causing to be distributed any card, sign or device to any

13 person; or causing, permitting or allowing any sign or marking

14 on or in any building, structure, newspaper, magazine or

15 directory, or on radio or television; or advertising by any

16 other means designed to secure public attention, including,

17 but not limited to, print, electronic, social media, and

18 digital forums.

19  "Board" means the Community Association Manager Licensing

20 and Disciplinary Board.

21  "Community association" means an association in which

22 membership is a condition of ownership or shareholder interest

23 of a unit in a condominium, cooperative, townhouse, villa, or

24 other residential unit which is part of a residential

25 development plan and that is authorized to impose an
    SB3897 Enrolled          - 83 - LRB104 18005 AAS 31442 b

1 assessment, rents, or other costs that may become a lien on the

2 unit or lot.

3   "Community association funds" means any assessments, fees,

4 fines, or other funds collected by the community association

5 manager from the community association, or its members, other

6 than the compensation paid to the community association

7 manager for performance of community association management

8 services.

9   "Community association management firm" means a company,

10 corporation, limited liability company, partnership, or other

11 entity that engages in community association management

12 services.

13  "Community association management services" means those

14 services listed in the definition of community association

15 manager in this Section.

16  "Community association manager" means an individual who:

17  (1) has an ownership interest in or is employed by a

18  community association management firm, or is directly

19  employed by or provides services as an independent

20  contractor to a community association; and

21  (2) administers for remuneration the financial,

22  administrative, maintenance, or other duties for the

23  community association, including the following services:

24              (A) collecting, controlling or disbursing funds of

25  the community association or having the authority to

26  do so;
    SB3897 Enrolled          - 84 - LRB104 18005 AAS 31442 b

1   (B) preparing budgets or other financial documents

2   for the community association;

3   (C) assisting in the conduct of community

4   association meetings;

5   (D) maintaining association records;

6   (E) administering association contracts or

7   procuring goods and services in accordance with the

8   declaration, bylaws, proprietary lease, declaration of

9   covenants, or other governing document of the

10  community association or at the direction of the board

11  of managers; and

12  (F) coordinating financial, administrative,

13  maintenance, or other duties called for in the

14  management contract, including individuals who are

15  direct employees of the community association.

16  "Community association manager" does not mean support

17 staff, including, but not limited to bookkeepers,

18 administrative assistants, secretaries, property inspectors,

19 or customer service representatives.

20  "Department" means the Department of Financial and

21 Professional Regulation.

22  "Designated community association manager" means a

23 licensed community association manager who: (1) has an

24 ownership interest in or is employed by a community

25 association management firm to act as a controlling person;

26 and (2) is the authorized signatory or has delegated signing
    SB3897 Enrolled       - 85 - LRB104 18005 AAS 31442 b

1 authority for the firm on community association accounts; and

2 (3) supervises, manages, and is responsible for the firm's

3 community association manager activities pursuant to Section

4 50 of this Act.

5   "Email address of record" means the designated email

6 address recorded by the Department in the applicant's

7 application file or the licensee's license file, as maintained

8 by the Department.

9   "License" means the privilege conferred by the Department

10 to a person that has fulfilled all requirements prerequisite

11 to any type of licensure under this Act.

12  "Licensee" means any person licensed under this Act.

13  "Person" means any individual, corporation, partnership,

14 limited liability company, or other legal entity.

15  "Secretary" means the Secretary of Financial and

16 Professional Regulation or the Secretary's designee.

17 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)

18  (225 ILCS 427/20)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 20. Exemptions.

21  (a) The requirement for holding a license under this Act

22 shall not apply to any of the following:

23  (1) Any director or officer of a community association

24  providing one or more of the services of a community

25  association manager to a community association without
    SB3897 Enrolled          - 86 - LRB104 18005 AAS 31442 b

1   compensation for such services to the association.

2   (2) Any person providing one or more of the services

3   of a community association manager to a community

4   association of 10 units or less.

5   (3) A licensed attorney acting solely as an incident

6   to the practice of law.

7   (4) An individual acting as a receiver, trustee in

8   bankruptcy, administrator, executor, or guardian acting

9   under a court order or under the authority of a court.

10  (5) A person licensed in this State under any other

11  Act who engages in practices or activities specifically

12  authorized by the Act pursuant to which the license was

13  granted.

14  (6) An unlicensed owner who does not perform a

15  licensed activity and the unlicensed owner's support

16  staff, including, but not limited to bookkeepers,

17  administrative assistants, secretaries, property

18  inspectors, or customer service representatives.

19  (b) A licensed community association manager may not

20 perform or engage in any activities for which a real estate

21 managing broker, real estate broker, or residential leasing

22 agent license is required under the Real Estate License Act of

23 2000, unless the licensee also possesses a current and valid

24 license under the Real Estate License Act of 2000 and is

25 providing those services as provided for in the Real Estate

26 License Act of 2000 and the applicable rules.
    SB3897 Enrolled     - 87 - LRB104 18005 AAS 31442 b

1   (c) (Blank).

2 (Source: P.A. 102-20, eff. 1-1-22.)

3   (225 ILCS 427/40)

4   (Section scheduled to be repealed on January 1, 2027)

5   Sec. 40. Qualifications for licensure as a community

6 association manager.

7   (a) No person shall be qualified for licensure as a

8 community association manager under this Act unless the person

9 has applied in writing on the prescribed forms and has paid the

10 required, nonrefundable fees and has met all of the following

11 qualifications:

12  (1) Is at least 18 years of age.

13  (1.5) Successfully completed a 4-year course of study

14  in a high school, secondary school, or an equivalent

15  course of study approved by the state in which the school

16  is located, or possess a State of Illinois High School

17  Diploma, which shall be verified under oath by the

18  applicant.

19  (2) Provided satisfactory evidence of having completed

20  at least 20 classroom hours in community association

21  management courses approved by the Board.

22  (3) Passed an examination authorized by the

23  Department.

24  (4) Has not committed an act or acts, in this or any

25  other jurisdiction, that would be a violation of this Act.
    SB3897 Enrolled  - 88 - LRB104 18005 AAS 31442 b

1   (5) Is of good moral character. In determining moral

2   character under this Section, the Department may take into

3   consideration whether the applicant has engaged in conduct

4   or activities that would constitute grounds for discipline

5   under this Act. Good moral character is a continuing

6   requirement of licensure. Conviction of crimes may be used

7   in determining moral character, but shall not constitute

8   an absolute bar to licensure.

9   (6) (Blank). Has not been declared by any court of

10  competent jurisdiction to be incompetent by reason of

11  mental or physical defect or disease, unless subsequently

12  declared by a court to be competent.

13  (7) Complies with any additional qualifications for

14  licensure as determined by rule of the Department.

15  (b) (Blank).

16  (c) (Blank).

17  (d) Applicants have 3 years from the date of application

18 to complete the application process. If the process has not

19 been completed within the 3 years, the application shall be

20 denied, the fee shall be forfeited, and the applicant must

21 reapply and meet the requirements in effect at the time of

22 re-application.

23  (e) The Department shall not require applicants to report

24 the following information and shall not consider the following

25 criminal history records in connection with an application for

26 licensure:
    SB3897 Enrolled           - 89 - LRB104 18005 AAS 31442 b

1   (1) juvenile adjudications of delinquent minors as

2   defined in Section 5-105 of the Juvenile Court Act of 1987

3   subject to the restrictions set forth in Section 5-130 of

4   that Act;

5   (2) law enforcement records, court records, and

6   conviction records of an individual who was 17 years old

7   at the time of the offense and before January 1, 2014,

8   unless the nature of the offense required the individual

9   to be tried as an adult;

10  (3) records of arrest not followed by a charge or

11  conviction;

12  (4) records of arrest in which the charges were

13  dismissed unless related to the practice of the

14  profession; however, applicants shall not be asked to

15  report any arrests, and an arrest not followed by a

16  conviction shall not be the basis of a denial and may be

17  used only to assess an applicant's rehabilitation;

18  (5) convictions overturned by a higher court; or

19  (6) convictions or arrests that have been sealed or

20  expunged.

21  (f) An applicant or licensee shall report to the

22 Department, in a manner prescribed by the Department, and

23 within 30 days after the occurrence if during the term of

24 licensure: (i) any conviction of or plea of guilty or nolo

25 contendere to forgery, embezzlement, obtaining money under

26 false pretenses, larceny, extortion, conspiracy to defraud, or
    SB3897 Enrolled             - 90 - LRB104 18005 AAS 31442 b

 1 any similar offense or offenses or any conviction of a felony
 2 involving moral turpitude; (ii) the entry of an administrative
 3 sanction by a governmental government agency in this State or
 4 any other jurisdiction that has as an essential element
 5 dishonesty or fraud or involves larceny, embezzlement, or
 6 obtaining money, property, or credit by false pretenses; or
 7 (iii) any conviction of or plea of guilty or nolo contendere to
 8 a crime that subjects the licensee to compliance with the
 9 requirements of the Sex Offender Registration Act.
10 (Source: P.A. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23.)

11  (225 ILCS 427/55)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 55. Insurance Fidelity insurance; segregation of

14 accounts; records.

15  (a) The designated community association manager or the

16 community association management firm that employs the

17 designated community association manager shall not have access

18 to and disburse community association funds unless each of the

19 following conditions occur:

20  (1) There is fidelity or crime insurance in place to

21  insure against loss or theft of community association

22  funds.

23  (2) The fidelity or crime insurance is in the maximum

24  amount of coverage available to protect funds in the

25  custody or control of the designated community association
    SB3897 Enrolled  - 91 - LRB104 18005 AAS 31442 b

1   manager or community association management firm providing

2   service to the association.

3   Nothing in this Section shall require that fidelity

4 coverage be issued when a crime insurance policy with

5 equivalent or broader coverage is already in place.

6   (3) During the term and coverage period of the

7   insurance, the fidelity or crime insurance shall cover:

8   (A) the designated community association manager;

9   (B) the community association management firm;

10  (C) all community association managers;

11  (D) all partners, officers, and employees of the

12  community association management firm; and

13  (E) the community association officers, directors,

14  and employees.

15  (4) The insurance company issuing the fidelity or

16  crime insurance may not cancel or refuse to renew the

17  coverage bond without giving at least 10 days' prior

18  written notice.

19  (5) Unless an agreement between the community

20  association and the designated community association

21  manager or the community association management firm

22  provides to the contrary, a community association may

23  secure and pay for the fidelity or crime insurance

24  required by this Section. The designated community

25  association manager, all other licensees, and the

26  community association management firm must be named as
    SB3897 Enrolled  - 92 - LRB104 18005 AAS 31442 b

1   additional insured parties on the community association

2   policy. If the fidelity or crime insurance is not secured

3   and paid for by the association, the designated community

4   association manager or the community association

5   management firm that secures and pays for the insurance

6   shall provide a current certificate of fidelity or crime

7   insurance to the community association for which it

8   provides community association management services within

9   10 days of a request for such certificate by the community

10  association for its records.

11  (b) A community association management firm that provides

12 community association management services for more than one

13 community association shall maintain separate, segregated

14 accounts for each community association. The funds shall not,

15 in any event, be commingled with the funds of the community

16 association manager, the community association management

17 firm, or any other community association. The maintenance of

18 such accounts shall be custodial, and such accounts shall be

19 in the name of the respective community association.

20  (c) The designated community association manager or

21 community association management firm shall obtain the

22 appropriate general liability and errors and omissions

23 insurance, as determined by the Department, to cover any

24 losses or claims against a community association manager, the

25 designated community association manager, or the community

26 association management firm. The designated community
    SB3897 Enrolled              - 93 - LRB104 18005 AAS 31442 b

1 association manager or the community association management

2 firm shall provide a current certificate of general liability

3 and errors and omissions insurance to the community

4 association for which it provides community association

5 management services within 10 days of a request for such

6 certificate by the community association for its records.

7   (c-5) The Department shall have the authority to audit or

8 inspect any electronic or physical record, account, document,

9 book, form, or file required to be created or maintained by

10 this Act.

11  (d) The Department shall have authority to promulgate

12 additional rules regarding insurance, fidelity or crime

13 insurance, and all records and accounts required maintained

14 and to be maintained by a community association manager,

15 designated community association manager, or community

16 association management firm.

17 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)

18  (225 ILCS 427/60)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 60. Licenses; renewals; restoration; person in

21 military service.

22  (a) The expiration date, fees, and renewal period for each

23 license issued under this Act shall be set by rule. The

24 Department may promulgate rules requiring pre-license or

25 continuing education and set all necessary requirements for
    SB3897 Enrolled  - 94 - LRB104 18005 AAS 31442 b

1 such, including, but not limited to, fees. , approved

2 coursework, number of hours, and waivers of continuing

3 education.

4   (a-5) A community association manager whose license has

5 lapsed or expired may renew the license without examination

6 for a time period of up to 2 years following the expiration

7 date of the license. The licensee shall complete an

8 application to the Department, provide evidence of the

9 licensee's successful completion of all hours of approved

10 continuing education during the period of time the license had

11 lapsed, and pay all fees as required by rule.

12  (b) A community association manager whose license has been

13 lapsed or expired for more than 2 years but less than 5 years

14 following the expiration date of the license may restore the

15 license without examination by (i) applying to the Department,

16 (ii) providing evidence of the community association manager's

17 successful completion of all hours of approved continuing

18 education during the lapsed periods prior to the date of the

19 application, (iii) paying the required fees, and (iv)

20 satisfying any other requirements as established by rule. A

21 community association manager whose license has been expired

22 for more than 5 years shall be required to meet the

23 requirements of a new license. Any licensee who has an expired

24 license may have the license restored by applying to the

25 Department and filing proof acceptable to the Department of

26 fitness to have the expired license restored, which may
    SB3897 Enrolled          - 95 - LRB104 18005 AAS 31442 b

1 include sworn evidence certifying to active practice in

2 another jurisdiction satisfactory to the Department, complying

3 with any continuing education requirements, and paying the

4 required restoration fee.

5   (c) Any person whose license expired while (i) in federal

6 service on active duty with the Armed Forces of the United

7 States or called into service or training with the State

8 Militia, (ii) in training or education under the supervision

9 of the United States preliminary to induction into the

10 military service, or (iii) serving as an employee of the

11 Department may have the license renewed or restored without

12 paying any lapsed renewal fees and without completing the

13 continuing education requirements for that licensure period

14 if, within 2 years after honorable termination of the service,

15 training, or education, except under conditions condition

16 other than honorable, the licensee furnishes the Department

17 with satisfactory evidence of engagement and that the service,

18 training, or education has been so honorably terminated.

19  (d) A community association manager or community

20 association management firm that notifies the Department, in a

21 manner prescribed by the Department, may place the license on

22 inactive status for a period not to exceed 2 years and shall be

23 excused from the payment of renewal fees until the person

24 notifies the Department in writing of the intention to resume

25 active practice.

26  (e) A community association manager or community
    SB3897 Enrolled        - 96 - LRB104 18005 AAS 31442 b

1 association management firm requesting that the license be

2 changed from inactive to active status shall be required to

3 pay the current renewal fee and shall also demonstrate

4 compliance with the continuing education requirements.

5   (f) No licensee with a nonrenewed or inactive license

6 status or community association management firm operating

7 without a designated community association manager shall

8 provide community association management services as set forth

9 in this Act.

10  (g) Any person violating subsection (f) of this Section

11 shall be considered to be practicing without a license and

12 will be subject to the disciplinary provisions of this Act.

13  (h) The Department shall not issue or renew a license if

14 the applicant or licensee has an unpaid fine or fee from a

15 disciplinary matter or from a non-disciplinary action imposed

16 by the Department until the fine or fee is paid to the

17 Department or the applicant or licensee has entered into a

18 payment plan and is current on the required payments.

19  (i) The Department shall not issue or renew a license if

20 the applicant or licensee has an unpaid fine or civil penalty

21 imposed by the Department for unlicensed practice until the

22 fine or civil penalty is paid to the Department or the

23 applicant or licensee has entered into a payment plan and is

24 current on the required payments.

25 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22;

26 103-236, eff. 1-1-24.)
    SB3897 Enrolled           - 97 - LRB104 18005 AAS 31442 b

1   (225 ILCS 427/75)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 75. Endorsement. The Department may issue a

4 community association manager license without the required

5 examination, to an applicant licensed under the laws of

6 another state or jurisdiction without the required

7 examination. if the requirements for licensure in that state

8 are, on the date of licensure, substantially equal to the

9 requirements of this Act or to a person who, at the time of

10 application for licensure, possessed individual qualifications

11 that were substantially equivalent to the requirements then in

12 force in this State. An applicant under this Section shall pay

13 all of the required fees.

14  An applicant under this Section shall pay all the required

15 fees and All applicants under this Act have 3 years from the

16 date of application to complete the application process. If

17 the process has not been completed within the 3 years, the

18 application shall be denied, the fee shall be forfeited, and

19 the applicant must reapply and meet the requirements in effect

20 at the time of reapplication.

21 (Source: P.A. 102-20, eff. 1-1-22.)

22  (225 ILCS 427/85)

23  (Section scheduled to be repealed on January 1, 2027)

24  Sec. 85. Grounds for discipline; refusal, revocation, or
    SB3897 Enrolled  - 98 - LRB104 18005 AAS 31442 b

1 suspension.

2   (a) The Department may refuse to issue or renew a license,

3 or may place on probation, reprimand, suspend, or revoke any

4 license, or take any other disciplinary or non-disciplinary

5 action as the Department may deem proper and impose a fine not

6 to exceed $10,000 for each violation upon any licensee or

7 applicant under this Act or any person or entity who holds

8 oneself out as an applicant or licensee for any one or

9 combination of the following causes:

10  (1) Material misstatement in furnishing information to

11  the Department.

12  (2) Violations of this Act or its rules.

13  (3) Conviction of or entry of a plea of guilty or plea

14  of nolo contendere, as set forth in subsection (f) of

15  Section 40, to (i) a felony or a misdemeanor under the laws

16  of the United States, any state, or any other jurisdiction

17  or entry of an administrative sanction by a governmental

18  government agency in this State or any other jurisdiction

19  or (ii) a crime that subjects the licensee to compliance

20  with the requirements of the Sex Offender Registration

21  Act; or the entry of an administrative sanction by a

22  governmental government agency in this State or any other

23  jurisdiction.

24  (4) Making any misrepresentation for the purpose of

25  obtaining a license or violating any provision of this Act

26  or its rules.
    SB3897 Enrolled  - 99 - LRB104 18005 AAS 31442 b

1   (5) Professional incompetence.

2   (6) Gross negligence.

3   (7) Aiding or assisting another person in violating

4   any provision of this Act or its rules.

5   (8) Failing, within 30 days, to provide information in

6   response to a request made by the Department.

7   (9) Engaging in dishonorable, unethical, or

8   unprofessional conduct of a character likely to deceive,

9   defraud, or harm the public as defined by the rules of the

10  Department, or violating the rules of professional conduct

11  adopted by the Department.

12  (10) Habitual or excessive use or addiction to

13  alcohol, narcotics, stimulants, or any other chemical

14  agent or drug that results in the inability to practice

15  with reasonable judgment, skill, or safety, and which may

16  result in significant harm to the public.

17  (11) Having been disciplined by another state, the

18  District of Columbia, a territory, a foreign nation, or a

19  governmental agency authorized to impose discipline if at

20  least one of the grounds for the discipline is the same or

21  substantially equivalent of one of the grounds for which a

22  licensee may be disciplined under this Act. A certified

23  copy of the record of the action by the other state or

24  jurisdiction shall be prima facie evidence thereof.

25  (12) Directly or indirectly giving to or receiving

26  from any person, firm, corporation, partnership, or
    SB3897 Enrolled       - 100 - LRB104 18005 AAS 31442 b

1   association any fee, commission, rebate, or other form of

2   compensation for any services not actually or personally

3   rendered.

4   (13) A finding by the Department that the licensee,

5   after having the license placed on probationary status,

6   has violated the terms of probation.

7   (14) Willfully making or filing false records or

8   reports relating to a licensee's practice, including, but

9   not limited to, false records filed with any State or

10  federal agencies or departments.

11  (15) Being named as a perpetrator in an indicated

12  report by the Department of Children and Family Services

13  under the Abused and Neglected Child Reporting Act and

14  upon proof by clear and convincing evidence that the

15  licensee has caused a child to be an abused child or

16  neglected child as defined in the Abused and Neglected

17  Child Reporting Act.

18  (16) Physical illness or mental illness or impairment

19  that results in the inability to practice the profession

20  with reasonable judgment, skill, or safety.

21  (17) Solicitation of professional services by using

22  false or misleading advertising.

23  (18) A finding that licensure has been applied for or

24  obtained by fraudulent means.

25  (19) Practicing or attempting to practice under a name

26  other than the full name as shown on the license or any
    SB3897 Enrolled  - 101 - LRB104 18005 AAS 31442 b

1   other legally authorized name unless approved by the

2   Department.

3   (20) Gross overcharging for professional services

4   including, but not limited to, (i) collection of fees or

5   moneys for services that are not rendered; and (ii)

6   charging for services that are not in accordance with the

7   contract between the licensee and the community

8   association.

9   (21) Improper commingling of personal and client funds

10  in violation of this Act or any rules promulgated thereto.

11  (22) Failing to account for or remit any moneys or

12  documents coming into the licensee's possession that

13  belong to another person or entity.

14  (23) Giving differential treatment to a person that is

15  to that person's detriment on the basis of race, color,

16  sex, ancestry, age, order of protection status, marital

17  status, physical or mental disability, military status,

18  unfavorable discharge from military status, sexual

19  orientation, pregnancy, religion, or national origin.

20  (24) Performing and charging for services without

21  reasonable authorization to do so from the person or

22  entity for whom service is being provided.

23  (25) Failing to make available to the Department, upon

24  request, any books, records, or forms required by this

25  Act.

26  (26) Purporting to be a designated community
    SB3897 Enrolled  - 102 - LRB104 18005 AAS 31442 b

1   association manager of a firm without active participation

2   in the firm and having been designated as such.

3   (27) Failing to make available to the Department at

4   the time of the request any indicia of licensure issued

5   under this Act.

6   (28) Failing to maintain and deposit funds belonging

7   to a community association in accordance with subsection

8   (b) of Section 55 of this Act.

9   (29) Violating the terms of any order issued by the

10  Department.

11  (30) Operating a community association management firm

12  without a designated community association manager who

13  holds an active community association manager license.

14  (31) For a designated community association manager,

15  failing to meet the requirements for acting as a

16  designated community association manager.

17  (32) Failing to disclose to a community association

18  any compensation received by a licensee from a third party

19  in connection with or related to a transaction entered

20  into by the licensee on behalf of the community

21  association.

22  (33) Failing to disclose to a community association,

23  at the time of making the referral, that a licensee (A) has

24  greater than a 1% ownership interest in a third party to

25  which it refers the community association; or (B) receives

26  or may receive dividends or other profit sharing
    SB3897 Enrolled  - 103 - LRB104 18005 AAS 31442 b

1   distributions from a third party, other than a publicly

2   held or traded company, to which it refers the community

3   association.

4   (b) (Blank).

5   (c) The determination by a circuit court that a licensee

6 is subject to involuntary admission or judicial admission, as

7 provided in the Mental Health and Developmental Disabilities

8 Code, operates as an automatic suspension. The suspension will

9 terminate only upon a finding by a court that the patient is no

10 longer subject to involuntary admission or judicial admission

11 and the issuance of an order so finding and discharging the

12 patient, and upon the recommendation of the Board to the

13 Secretary that the licensee be allowed to resume practice as a

14 licensed community association manager.

15  (d) In accordance with subsection (g) of Section 2105-15

16 of the Department of Professional Regulation Law of the Civil

17 Administrative Code of Illinois (20 ILCS 2105/2105-15), the

18 Department may refuse to issue or renew or may suspend the

19 license of any person who fails to file a return, to pay the

20 tax, penalty, or interest shown in a filed return, or to pay

21 any final assessment of tax, penalty, or interest, as required

22 by any tax Act administered by the Department of Revenue,

23 until such time as the requirements of that tax Act are

24 satisfied.

25  (e) In accordance with subdivision (a)(5) of Section

26 2105-15 of the Department of Professional Regulation Law of
    SB3897 Enrolled        - 104 - LRB104 18005 AAS 31442 b

1 the Civil Administrative Code of Illinois (20 ILCS

2 2105/2105-15) and in cases where the Department of Healthcare

3 and Family Services (formerly Department of Public Aid) has

4 previously determined that a licensee or a potential licensee

5 is more than 30 days delinquent in the payment of child support

6 and has subsequently certified the delinquency to the

7 Department, the Department may refuse to issue or renew or may

8 revoke or suspend that person's license or may take other

9 disciplinary action against that person based solely upon the

10 certification of delinquency made by the Department of

11 Healthcare and Family Services.

12  (f) (Blank).

13  (g) In accordance with subsection (g-5) of Section 2105-15

14 of the Department of Professional Regulation Law of the Civil

15 Administrative Code of Illinois, the Department may refuse to

16 issue or renew, suspend, or revoke, without a hearing, the

17 license of any person or entity who fails to pay or secure

18 workers' compensation obligations as determined by and based

19 solely upon the certification of the Department of Insurance

20 or the Illinois Workers' Compensation Commission.

21 (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)

22  (225 ILCS 427/85.1)

23  (Section scheduled to be repealed on January 1, 2027)

24  Sec. 85.1. Citations.

25  (a) The Department may adopt rules to permit the issuance
    SB3897 Enrolled  - 105 - LRB104 18005 AAS 31442 b

1 of citations to any licensee for failure to comply with the

2 continuing education requirements set forth in this Act or as

3 established by rule. The citation shall be issued to the

4 licensee and a copy sent to the licensee's designated

5 community association manager, if any, and shall contain the

6 licensee's name, the licensee's address, the licensee's

7 license number, the number of required hours of continuing

8 education that have not been successfully completed on or

9 before by the licensee's renewal deadline, licensee within the

10 renewal period, and the penalty imposed, which shall not

11 exceed $2,000. The issuance of any such citation shall not

12 excuse the licensee from completing all continuing education

13 required for that term of licensure renewal period.

14  (b) Service of a citation shall be made in person,

15 electronically, or by mail to the licensee at the licensee's

16 address of record or email address of record, and the citation

17 must clearly state that if the cited licensee wishes to

18 dispute the citation, the cited licensee may make a written

19 request, within 30 days after the citation is served, for a

20 hearing before the Department. If the cited licensee does not

21 request a hearing within 30 days after the citation is served,

22 then the citation shall become a final, non-disciplinary order

23 shall be entered, and any fine imposed is due and payable

24 within 30 60 days after the entry of that final order. If the

25 cited licensee requests a hearing within 30 days after the

26 citation is served, the Department shall afford the cited
    SB3897 Enrolled           - 106 - LRB104 18005 AAS 31442 b

1 licensee a hearing conducted in the same manner as a hearing

2 provided for in this Act for any violation of this Act and

3 shall determine whether the cited licensee committed the

4 violation as charged and whether the fine as levied is

5 warranted. If the violation is found, any fine shall

6 constitute non-public discipline and be due and payable within

7 30 days after the order of the Secretary, which shall

8 constitute a final order of the Department. No change in

9 license status may be made by the Department until a final

10 order of the Department has been issued.

11  (c) Payment of a fine that has been assessed pursuant to

12 this Section shall not constitute disciplinary action

13 reportable on the Department's website or elsewhere unless a

14 licensee has previously received 2 or more citations and been

15 assessed 2 or more fines.

16  (d) Nothing in this Section shall prohibit or limit the

17 Department from taking further action pursuant to this Act and

18 rules for additional, repeated, or continuing violations.

19 (Source: P.A. 102-20, eff. 1-1-22.)

20  (225 ILCS 427/86)

21  (Section scheduled to be repealed on January 1, 2027)

22  Sec. 86. Illegal discrimination.

23  (a) When there has been an adjudication in a civil or

24 criminal proceeding that a community association manager or

25 community association management firm has illegally
    SB3897 Enrolled          - 107 - LRB104 18005 AAS 31442 b

1 discriminated while engaged in any activity for which a

2 license is required under this Act, the Department, following

3 the provision of notice to the licensee and a hearing

4 conducted in accordance with Section 95 and upon the

5 recommendation of the Board as to the extent of the suspension

6 or revocation, shall suspend or revoke the license of that

7 licensee in a timely manner, unless the adjudication is in the

8 appeal process. The finding or judgment of the civil or

9 criminal proceeding is a matter of record and the merits of the

10 finding or judgment shall not be challenged in a request for a

11 hearing by the licensee.

12  (b) When there has been an order in an administrative

13 proceeding finding that a licensee has illegally discriminated

14 while engaged in any activity for which a license is required

15 under this Act, the Department, following the provision of

16 notice to the licensee and a hearing conducted in accordance

17 with Section 95, and upon recommendation of the Board as to the

18 nature and extent of the discipline, shall take one or more of

19 the disciplinary actions provided for in Section 85 in a

20 timely manner, unless the administrative order is in the

21 appeal process. The finding of the administrative order is a

22 matter of record and the merits of the finding shall not be

23 challenged in a request for a hearing by the licensee.

24 (Source: P.A. 102-20, eff. 1-1-22.)

25  (225 ILCS 427/95)
    SB3897 Enrolled  - 108 - LRB104 18005 AAS 31442 b

1   (Section scheduled to be repealed on January 1, 2027)

2   Sec. 95. Investigation; notice and hearing.            The

3 Department may investigate the actions or qualifications of a

4 person, which includes an entity, applying for, holding or

5 claiming to hold, or holding oneself out as having a license or

6 rendering or offering to render services for which a license

7 is required by this Act. The Department shall, before Before

8 suspending, revoking, placing on probationary status, or

9 taking any other disciplinary action as the Department may

10 deem proper with regard to any license, at least 30 days before

11 the date set for the hearing: , the Department shall (i) notify

12 the person charged and the person's designated community

13 association manager, if any, in writing of any charges made

14 and the time and place for a hearing on the charges before the

15 Board, (ii) direct the person to file a written answer to the

16 charges with the Board under oath within 20 days after the

17 service on the person of such notice, and (iii) inform the

18 person that, if the person fails to file an answer, default

19 will be taken against the person and the license of the person

20 may be suspended, revoked, placed on probationary status, or

21 have other disciplinary action taken with regard to the

22 license, including limiting the scope, nature, or extent of

23 the person's related practice, as the Department may deem

24 proper.

25  The Department shall serve notice under this Section by

26 regular or electronic mail to the person's most recent last
    SB3897 Enrolled  - 109 - LRB104 18005 AAS 31442 b

1 address of record or email address of record as provided to the

2 Department. If the person fails to file an answer after

3 receiving notice, the license may, in the discretion of the

4 Department, be suspended, revoked, or placed on probationary

5 status, or the Department may take whatever disciplinary

6 action deemed proper, including limiting the scope, nature, or

7 extent of the person's practice or the imposition of a fine,

8 without a hearing, if the act or acts charged constitute

9 sufficient grounds for such action under this Act. The answer

10 shall be served by regular mail or electronic mail to the

11 Department. At the time and place fixed in the notice, the

12 Department shall proceed to hear the charges and the parties

13 or their counsel shall be accorded ample opportunity to

14 present such statements, testimony, evidence, and argument as

15 may be pertinent to the charges or to the defense thereto. The

16 Department may continue such hearing from time to time. If the

17 person fails to file an answer after receiving notice, the

18 license may, in the discretion of the Department, be

19 suspended, revoked, or placed on probationary status or the

20 Department may take whatever disciplinary action deemed

21 proper, including limiting the scope, nature, or extent of the

22 person's practice or the imposition of a fine, without a

23 hearing, if the act or acts charged constitute sufficient

24 grounds for such action under this Act.

25  At the discretion of the Secretary after having first

26 received the recommendation of the Board, the person's license
    SB3897 Enrolled     - 110 - LRB104 18005 AAS 31442 b

 1 may be suspended, revoked, or placed on probationary status or
 2 the Department may take whatever disciplinary action
 3 considered proper, including limiting the scope, nature, or
 4 extent of the person's practice or the imposition of a fine if
 5 the act or acts charged constitute sufficient grounds for that
 6 action under this Act. A copy of the Department's final
 7 disciplinary order shall be delivered to the person's
 8 designated community association manager or may be sent to the
 9 community association that directly employs the person.
10 (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)

11  (225 ILCS 427/120)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 120. Appointment of a hearing officer. The Secretary

14 has the authority to appoint any attorney duly licensed to

15 practice law in the State of Illinois to serve as the hearing

16 officer in any action for refusal to issue or renew a license,

17 or to discipline a licensee. The hearing officer has full

18 authority to conduct the hearing. The hearing officer shall

19 report the findings and recommendations to the Board and the

20 Secretary. At its next meeting following receipt of the

21 report, the Board shall review the report of the hearing

22 officer and present its findings of fact, conclusions of law,

23 and recommendations to the Secretary.

24  The Board shall have 90 days from receipt of the hearing

25 officer's report to review the report of the hearing officer
    SB3897 Enrolled  - 111 - LRB104 18005 AAS 31442 b

1 and present the Board's findings of fact, conclusions of law,

2 and recommendations to the Secretary. If the Board fails to

3 present its findings of fact, conclusions of law, and

4 recommendations within the 90-day time period, the Department

5 may request in writing a direct appeal to the Secretary and the

6 Secretary may issue an order based upon the report of the

7 hearing officer and the record of the proceedings or issue an

8 order remanding the matter back to the hearing officer for

9 additional proceedings in accordance with the order. If the

10 Board fails to present its findings of fact, conclusions of

11 law, and recommendations within a 90-day time period after

12 receiving an Order of Default, the Department may request in

13 writing a direct appeal to the Secretary to issue a final

14 order.

15  If the Board fails to present its report within 30

16 calendar days following its next meeting after receiving the

17 report, the respondent may request in writing a direct appeal

18 to the Secretary, in which case the Secretary shall, within 7

19 calendar days after the request, issue an order directing the

20 Board to issue its findings of fact, conclusions of law, and

21 recommendations to the Secretary within 30 calendar days after

22 such order.

23  If the Board fails to issue its findings of fact,

24 conclusions of law, and recommendations within that time frame

25 to the Secretary after the entry of such order, the Secretary

26 shall, within 30 calendar days thereafter, issue an order
    SB3897 Enrolled          - 112 - LRB104 18005 AAS 31442 b

1 based upon the report of the hearing officer and the record of

2 the proceedings or issue an order remanding the matter back to

3 the hearing officer for additional proceedings in accordance

4 with the order.

5   If (i) a direct appeal is requested, (ii) the Board fails

6 to issue its findings of fact, conclusions of law, and

7 recommendations within the 30-day mandate from the Secretary

8 or the Secretary fails to order the Board to do so, and (iii)

9 the Secretary fails to issue an order within 30 calendar days

10 thereafter, then the hearing officer's report is deemed

11 accepted and a final decision of the Secretary.

12  Notwithstanding any other provision of this Section, if

13 the Secretary, upon review, determines that substantial

14 justice has not been done in the revocation, suspension, or

15 refusal to issue or renew a license or other disciplinary

16 action taken as the result of the entry of the hearing

17 officer's report, the Secretary may order a rehearing by the

18 same or other examiners. If the Secretary disagrees in any

19 regard with the recommendation of the Board or the hearing

20 officer, the Secretary may issue an order in contravention of

21 either recommendation.

22 (Source: P.A. 102-20, eff. 1-1-22.)

23  Section 35. The Detection of Deception Examiners Act is

24 amended by changing Sections 3, 8, 8.5, 11, 13, 14, 17, 19,

25 26.1, and 30 as follows:
    SB3897 Enrolled          - 113 - LRB104 18005 AAS 31442 b

1   (225 ILCS 430/3) (from Ch. 111, par. 2403)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 3. Every examiner shall use an instrument which

4 records permanently and simultaneously the subject's

5 cardiovascular, respiratory and galvanic skin response

6 patterns as minimum standards and shall base the his or her

7 evaluation upon changes in such patterns. Such an instrument

8 may record additional physiological patterns pertinent to the

9 detection of deception. The examiner may also consider changes

10 in such additional patterns in making the his or her

11 evaluations. An examiner shall, upon written request of a

12 person examined, make known the results of such test to the

13 person examined within 5 days of receipt of the written

14 request.

15 (Source: P.A. 97-168, eff. 7-22-11.)

16  (225 ILCS 430/8) (from Ch. 111, par. 2409)

17  (Section scheduled to be repealed on January 1, 2027)

18  Sec. 8. Applications for original licenses shall be made

19 to the Department in writing on forms prescribed by the

20 Department and shall be accompanied by the required fee, which

21 shall not be returnable. Any such application shall require

22 such information as in the judgment of the Department will

23 enable the Department to pass on the qualifications of the

24 applicant for a license.
    SB3897 Enrolled     - 114 - LRB104 18005 AAS 31442 b

1   If an applicant neglects, fails without an approved excuse

2 or refuses to take the next available examination for a

3 license under this Act, the fee paid by the applicant shall be

4 forfeited and the application denied. If an applicant fails to

5 pass an examination for a license under this Act within 3 years

6 after filing an his or her application, the application shall

7 be denied. However, such applicant may thereafter make a new

8 application for examination, accompanied by the required fee.

9 (Source: P.A. 97-168, eff. 7-22-11.)

10  (225 ILCS 430/8.5)

11  (Section scheduled to be repealed on January 1, 2027)

12  Sec. 8.5. Social Security Number or individual tax

13 identification number on license application. In addition to

14 any other information required to be contained in the

15 application, every application for an original license under

16 this Act shall include the applicant's Social Security Number

17 or individual taxpayer identification number, which shall be

18 retained in the agency's records pertaining to the license. As

19 soon as practical, the Department shall assign a customer's

20 identification number to each applicant for a license.

21  Every application for a renewal, reinstated, or restored

22 license shall require the applicant's customer identification

23 number.

24 (Source: P.A. 97-400, eff. 1-1-12.)
    SB3897 Enrolled  - 115 - LRB104 18005 AAS 31442 b

1   (225 ILCS 430/11) (from Ch. 111, par. 2412)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 11. Qualifications for licensure as an examiner. A

4 person is qualified to receive a license as an examiner:

5   A. Who establishes that the person he or she is a

6   person of good moral character; and

7   B. Who has passed an examination approved by the

8   Department to determine the person's his or her competency

9   to obtain a license to practice as an examiner; and

10  C. Who has been had conferred upon him or her an

11  academic degree, at the baccalaureate level, from an

12  accredited college or university; and

13  D. Who has satisfactorily completed 6 months of study

14  in detection of deception, as prescribed by rule, which

15  shall include, but not be limited to, course content,

16  trainer qualifications, and specialized instructor

17  qualifications.

18  In determining good moral character, the Department may

19 take into consideration conviction of any crime under the laws

20 of the United States or any state or territory thereof that is

21 a felony or a misdemeanor or any crime that is directly related

22 to the practice of the profession.

23 (Source: P.A. 97-168, eff. 7-22-11.)

24  (225 ILCS 430/13) (from Ch. 111, par. 2414)

25  (Section scheduled to be repealed on January 1, 2027)
    SB3897 Enrolled  - 116 - LRB104 18005 AAS 31442 b

1   Sec. 13. The expiration date and renewal period for each

2 license issued under this Act shall be set by rule. An examiner

3 whose license has expired may reinstate the his or her license

4 at any time within 5 years after the expiration thereof, by

5 making a renewal application therefor therefore and by paying

6 the required fee. However, any examiner whose license expired

7 while the examiner he or she was (1) in Federal Service on

8 active duty with the Armed Forces of the United States, or the

9 State Militia called into service or training, or (2) in

10 training or education under the supervision of the United

11 States preliminary to induction into the military service, may

12 have the his or her license renewed, reinstated or restored

13 without paying any lapsed renewal and restoration fees if

14 within 2 years after honorable termination of such service,

15 training, or education except under conditions other than

16 honorable, the examiner he or she furnishes the Department

17 with satisfactory evidence to the effect that the examiner he

18 or she has been so engaged and that the examiner's his or her

19 service, training, or education has been so terminated.

20  A license or duplicate license must be prominently

21 displayed at the principal place of business of every

22 examiner.

23  Notice in writing shall be given to the Department by such

24 license holder of any change of principal business location

25 whereupon, the Department shall issue a new license for the

26 unexpired period upon payment of the required fee. A change of
    SB3897 Enrolled  - 117 - LRB104 18005 AAS 31442 b

1 business location without notification to the Department and
2 without the issuance by it of a new license shall
3 automatically suspend the license theretofore issued.
4 (Source: P.A. 97-168, eff. 7-22-11.)

5   (225 ILCS 430/14) (from Ch. 111, par. 2415)

6   (Section scheduled to be repealed on January 1, 2027)

7   Sec. 14. (a) The Department may refuse to issue or renew or

8 may revoke, suspend, place on probation, reprimand, or take

9 other disciplinary or non-disciplinary action as the

10 Department may deem appropriate, including imposing fines not

11 to exceed $10,000 for each violation, with regard to any

12 license for any one or a combination of the following:

13  (1) Material misstatement in furnishing information to

14  the Department.

15  (2) Violations of this Act, or of the rules adopted

16  under this Act.

17  (3) Conviction by plea of guilty or nolo contendere,

18  finding of guilt, jury verdict, or entry of judgment or by

19  sentencing of any crime, including, but not limited to,

20  convictions, preceding sentences of supervision,

21  conditional discharge, or first offender probation, under

22  the laws of any jurisdiction of the United States: (i)

23  that is a felony or (ii) that is a misdemeanor, an

24  essential element of which is dishonesty, or that is

25  directly related to the practice of the profession.
    SB3897 Enrolled  - 118 - LRB104 18005 AAS 31442 b

1   (4) Making any misrepresentation for the purpose of

2   obtaining licensure or violating any provision of this Act

3   or the rules adopted under this Act pertaining to

4   advertising.

5   (5) Professional incompetence.

6   (6) Allowing one's license under this Act to be used

7   by an unlicensed person in violation of this Act.

8   (7) Aiding or assisting another person in violating

9   this Act or any rule adopted under this Act.

10  (8) Where the license holder has been adjudged

11  mentally ill, mentally deficient or subject to involuntary

12  admission as provided in the Mental Health and

13  Developmental Disabilities Code.

14  (9) Failing, within 60 days, to provide information in

15  response to a written request made by the Department.

16  (10) Engaging in dishonorable, unethical, or

17  unprofessional conduct of a character likely to deceive,

18  defraud, or harm the public.

19  (11) Inability to practice with reasonable judgment,

20  skill, or safety as a result of habitual or excessive use

21  or addiction to alcohol, narcotics, stimulants, or any

22  other chemical agent or drug.

23  (12) Discipline by another state, District of

24  Columbia, territory, or foreign nation, if at least one of

25  the grounds for the discipline is the same or

26  substantially equivalent to those set forth in this
    SB3897 Enrolled           - 119 - LRB104 18005 AAS 31442 b

1   Section.

2         (13) A finding by the Department that the licensee,

3   after having his or her license placed on probationary

4   status, has violated the terms of probation.

5         (14) Willfully making or filing false records or

6   reports in his or her practice, including, but not limited

7   to, false records filed with State agencies or

8   departments.

9         (15) Inability to practice the profession with

10  reasonable judgment, skill, or safety as a result of a

11  physical illness, including, but not limited to,

12  deterioration through the aging process or loss of motor

13  skill, or a mental illness or disability.

14        (16) Charging for professional services not rendered,

15  including filing false statements for the collection of

16  fees for which services are not rendered.

17        (17) Practicing under a false or, except as provided

18  by law, an assumed name.

19        (18) Fraud or misrepresentation in applying for, or

20  procuring, a license under this Act or in connection with

21  applying for renewal of a license under this Act.

22        (19) Cheating on or attempting to subvert the

23  licensing examination administered under this Act.

24  All fines imposed under this Section shall be paid within

25 60 days after the effective date of the order imposing the

26 fine.
    SB3897 Enrolled  - 120 - LRB104 18005 AAS 31442 b

1   (b) The Department may refuse to issue or may suspend

2 without hearing, as provided for in the Code of Civil

3 Procedure, the license of any person who fails to file a

4 return, or pay the tax, penalty, or interest shown in a filed

5 return, or pay any final assessment of the tax, penalty, or

6 interest as required by any tax Act administered by the

7 Illinois Department of Revenue, until such time as the

8 requirements of any such tax Act are satisfied in accordance

9 with subsection (g) of Section 2105-15 of the Civil

10 Administrative Code of Illinois.

11  (c) (Blank).

12  (d) In cases where the Department of Healthcare and Family

13 Services has previously determined a licensee or a potential

14 licensee is more than 30 days delinquent in the payment of

15 child support and has subsequently certified the delinquency

16 to the Department, the Department may refuse to issue or renew

17 or may revoke or suspend that person's license or may take

18 other disciplinary action against that person based solely

19 upon the certification of delinquency made by the Department

20 of Healthcare and Family Services in accordance with item (5)

21 of subsection (a) of Section 2105-15 of the Civil

22 Administrative Code of Illinois.

23  (e) The determination by a circuit court that a licensee

24 is subject to involuntary admission or judicial admission, as

25 provided in the Mental Health and Developmental Disabilities

26 Code, operates as an automatic suspension. The suspension will
    SB3897 Enrolled  - 121 - LRB104 18005 AAS 31442 b

1 end only upon a finding by a court that the patient is no

2 longer subject to involuntary admission or judicial admission

3 and the issuance of an order so finding and discharging the

4 patient.

5   (f) In enforcing this Act, the Department, upon a showing

6 of a possible violation, may compel an individual licensed to

7 practice under this Act, or who has applied for licensure

8 under this Act, to submit to a mental or physical examination,

9 or both, as required by and at the expense of the Department.

10 The Department may order the examining physician to present

11 testimony concerning the mental or physical examination of the

12 licensee or applicant. No information shall be excluded by

13 reason of any common law or statutory privilege relating to

14 communications between the licensee or applicant and the

15 examining physician. The examining physicians shall be

16 specifically designated by the Department. The individual to

17 be examined may have, at the individual's his or her own

18 personal expense, another physician of the individual's his or

19 her choice present during all aspects of this examination. The

20 examination shall be performed by a physician licensed to

21 practice medicine in all its branches. Failure of an

22 individual to submit to a mental or physical examination, when

23 directed, shall result in an automatic suspension without

24 hearing.

25  A person holding a license under this Act or who has

26 applied for a license under this Act who, because of a physical
    SB3897 Enrolled  - 122 - LRB104 18005 AAS 31442 b

1 or mental illness or disability, including, but not limited

2 to, deterioration through the aging process or loss of motor

3 skill, is unable to practice the profession with reasonable

4 judgment, skill, or safety, may be required by the Department

5 to submit to care, counseling, or treatment by physicians

6 approved or designated by the Department as a condition, term,

7 or restriction for continued, reinstated, or renewed licensure

8 to practice. Submission to care, counseling, or treatment as

9 required by the Department shall not be considered discipline

10 of a license. If the licensee refuses to enter into a care,

11 counseling, or treatment agreement or fails to abide by the

12 terms of the agreement, the Department may file a complaint to

13 revoke, suspend, or otherwise discipline the license of the

14 individual. The Secretary may order the license suspended

15 immediately, pending a hearing by the Department. Fines shall

16 not be assessed in disciplinary actions involving physical or

17 mental illness or impairment.

18  In instances in which the Secretary immediately suspends a

19 person's license under this Section, a hearing on that

20 person's license must be convened by the Department within 15

21 days after the suspension and completed without appreciable

22 delay. The Department shall have the authority to review the

23 subject individual's record of treatment and counseling

24 regarding the impairment to the extent permitted by applicable

25 federal statutes and regulations safeguarding the

26 confidentiality of medical records.
   SB3897 Enrolled  - 123 - LRB104 18005 AAS 31442 b

1  An individual licensed under this Act and affected under

2 this Section shall be afforded an opportunity to demonstrate

3 to the Department that he or she can resume practice may resume

4 in compliance with acceptable and prevailing standards under

5 the provisions of the his or her license.

6 (Source: P.A. 100-872, eff. 8-14-18.)

7  (225 ILCS 430/17) (from Ch. 111, par. 2418)

8  (Section scheduled to be repealed on January 1, 2027)

9  Sec. 17. Investigations; notice and hearing. The

10 Department may investigate the actions of any applicant or any

11 person or persons rendering or offering to render detection of

12 deception services or any person holding or claiming to hold a

13 license as a licensed examiner. The Department shall, before

14 refusing to issue or renew a license or to discipline a

15 licensee under Section 14, at least 30 days prior to the date

16 set for the hearing, (i) notify the accused in writing of the

17 charges made and the time and place for the hearing on the

18 charges, (ii) direct the accused him or her to file a written

19 answer with the Department under oath within 20 days after the

20 service of the notice, and (iii) inform the accused applicant

21 or licensee that failure to file an answer will result in

22 default. being taken against the applicant or licensee. At the

23 time and place fixed in the notice, the Department shall

24 proceed to hear the charges and the parties or their counsel

25 shall be accorded ample opportunity to present any pertinent
    SB3897 Enrolled  - 124 - LRB104 18005 AAS 31442 b

 1 statements, testimony, evidence, and arguments. The Department
 2 may continue the hearing from time to time. In case the accused
 3 person, after receiving the notice, fails to file an answer,
 4 the his or her license, may, in the discretion of the
 5 Department, be revoked, suspended, placed on probationary
 6 status, or the Department may take whatever disciplinary
 7 action considered proper, including limiting the scope,
 8 nature, or extent of the accused's person's practice or the
 9 imposition of a fine, without a hearing, if the act or acts
10 charged constitute sufficient grounds for that action under
11 the Act. The written notice may be served by email, by personal
12 delivery, or by mail to the accused's address of record.
13 (Source: P.A. 102-20, eff. 1-1-22.)

14  (225 ILCS 430/19) (from Ch. 111, par. 2420)

15  (Section scheduled to be repealed on January 1, 2027)

16  Sec. 19. Subpoenas; depositions; oaths.

17  (a) The Department may subpoena and bring before it any

18 person to take the oral or written testimony or compel the

19 production of any books, papers, records, or any other

20 documents that the Secretary or Secretary's his or her

21 designee deems relevant or material to any investigation or

22 hearing conducted by the Department with the same fees and in

23 the same manner as prescribed in civil cases in the courts of

24 this State.

25  (b) Any circuit court, upon the application of the
    SB3897 Enrolled  - 125 - LRB104 18005 AAS 31442 b

1 licensee or the Department, may order the attendance and

2 testimony of witnesses and the production of relevant

3 documents, files, records, books, and papers in connection

4 with any hearing or investigation. The circuit court may

5 compel obedience to its order by proceedings for contempt.

6   (c) The Secretary, the hearing officer, any member of the

7 Board, or a certified shorthand court reporter may administer

8 oaths at any hearing the Department conducts. Notwithstanding

9 any other statute or Department rule to the contrary, all

10 requests for testimony, production of documents, or records

11 shall be in accordance with this Act.

12 (Source: P.A. 97-168, eff. 7-22-11.)

13  (225 ILCS 430/26.1) (from Ch. 111, par. 2427.1)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 26.1. Returned checks; fines. Any person who delivers

16 a check or other payment to the Department that is returned to

17 the Department unpaid by the financial institution upon which

18 it is drawn shall pay to the Department, in addition to the

19 amount already owed to the Department, a fine of $50. The fines

20 imposed by this Section are in addition to any other

21 discipline provided under this Act for unlicensed practice or

22 practice on a nonrenewed license. The Department shall notify

23 the person that payment of fees and fines shall be paid to the

24 Department by certified check or money order within 30

25 calendar days of the notification. If, after the expiration of
    SB3897 Enrolled  - 126 - LRB104 18005 AAS 31442 b

 1 30 days from the date of the notification, the person has
 2 failed to submit the necessary remittance, the Department
 3 shall automatically terminate the license or certificate or
 4 deny the application, without hearing. If, after termination
 5 or denial, the person seeks a license or certificate, the
 6 person he or she shall apply to the Department for restoration
 7 or issuance of the license or certificate and pay all fees and
 8 fines due to the Department. The Department may establish a
 9 fee for the processing of an application for restoration of a
10 license or certificate to pay all expenses of processing this
11 application. The Secretary may waive the fines due under this
12 Section in individual cases where the Secretary finds that the
13 fines would be unreasonable or unnecessarily burdensome.
14 (Source: P.A. 97-168, eff. 7-22-11.)

15  (225 ILCS 430/30) (from Ch. 111, par. 2431)

16  (Section scheduled to be repealed on January 1, 2027)

17  Sec. 30. An applicant who is an examiner Examiner,

18 licensed under the laws of another state or territory of the

19 United States, or an examiner who has been trained under the

20 training standards determined by the federal government, may

21 be issued a license by the Department, in its discretion, upon

22 payment of a fee as set by rule, and the production of:

23  (a) satisfactory proof that he or she is of good moral

24  character; and

25  (b) satisfactory proof that the requirements for the
    SB3897 Enrolled             - 127 - LRB104 18005 AAS 31442 b

1   licensing of examiner Examiners in such particular state

2   or territory of the United States were, at the date of

3   licensing, substantially equivalent to the requirements

4   then in force in this State; or

5   (c) certification, if applicable, that the applicant

6   has successfully completed the Defense Academy for

7   Credibility Assessment course, or its predecessor or

8   successor course.

9 (Source: P.A. 97-168, eff. 7-22-11.)

10  Section 40. The Home Inspector License Act is amended by

11 changing Sections 1-10, 5-5, 5-12, 5-16, 5-20, 15-10, 15-10.1,

12 15-11, and 15-15 as follows:

13  (225 ILCS 441/1-10)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 1-10. Definitions. As used in this Act, unless the

16 context otherwise requires:

17  "Address of record" means the designated street address,

18 which may not be a post office box, recorded by the Department

19 in the applicant's or licensee's application file or license

20 file as maintained by the Department.

21  "Applicant" means a person who applies to the Department

22 for a license under this Act.

23  "Client" means a person who engages or seeks to engage the

24 services of a home inspector for an inspection assignment.
    SB3897 Enrolled         - 128 - LRB104 18005 AAS 31442 b

1   "Department" means the Department of Financial and

2 Professional Regulation.

3   "Email address of record" means the designated email

4 address recorded by the Department in the applicant's

5 application file or the licensee's license file, as maintained

6 by the Department.

7   "Home inspection" means the examination and evaluation of

8 the exterior and interior components of residential real

9 property, which includes the inspection of any 2 or more of the

10 following components of residential real property in

11 connection with or to facilitate the sale, lease, or other

12 conveyance of, or the proposed sale, lease or other conveyance

13 of, residential real property:

14  (1) heating, ventilation, and air conditioning system;

15  (2) plumbing system;

16  (3) electrical system;

17  (4) structural composition;

18  (5) foundation;

19  (6) roof;

20  (7) masonry structure; or

21  (8) any other residential real property component as

22  established by rule.

23  "Home inspector" means a person or entity who, for another

24 and for compensation either direct or indirect, performs home

25 inspections.

26  "Home inspector entity" means any corporation,
    SB3897 Enrolled      - 129 - LRB104 18005 AAS 31442 b

1 partnership, or limited liability company that provides home

2 inspection services.

3   "Home inspection report" or "inspection report" means a

4 written evaluation prepared and issued by a home inspector

5 upon completion of a home inspection, which meets the

6 standards of practice as established by the Department.

7   "Inspection assignment" means an engagement for which a

8 home inspector is employed or retained to conduct a home

9 inspection and prepare a home inspection report.

10  "License" means the privilege conferred by the Department

11 to a person who has fulfilled all requirements prerequisite to

12 any type of licensure under this Act.

13  "Licensee" means any person licensed under this Act.

14  "Person" means individuals, entities, corporations,

15 limited liability companies, registered limited liability

16 partnerships, and partnerships, foreign or domestic, except

17 that when the context otherwise requires, the term may refer

18 to a single individual or other described entity.

19  "Residential real property" means real property that is

20 used or intended to be used as a residence by one or more

21 individuals.

22  "Secretary" means the Secretary of Financial and

23 Professional Regulation or the Secretary's designee.

24  "Standards of practice" means recognized standards to be

25 used in a home inspection, as determined by the Department and

26 established by rule.
    SB3897 Enrolled      - 130 - LRB104 18005 AAS 31442 b

1 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)

2   (225 ILCS 441/5-5)

3   (Section scheduled to be repealed on January 1, 2027)

4   Sec. 5-5. Necessity of license; use of title; exemptions.

5   (a) It is unlawful for any person, including any entity,

6 to act or assume to act as a home inspector, to engage in the

7 business of home inspection, to develop a home inspection

8 report, to practice as a home inspector, or to advertise or

9 hold oneself out to be a home inspector without a home

10 inspector license issued under this Act. A person who violates

11 this subsection is guilty of a Class A misdemeanor for the

12 first offense and a Class 4 felony for the second and any

13 subsequent offenses.

14  (b) It is unlawful for any person, other than a person who

15 holds a valid home inspector license issued pursuant to this

16 Act, to use the title "home inspector" or any other title,

17 designation, or abbreviation likely to create the impression

18 that the person is licensed as a home inspector pursuant to

19 this Act. A person who violates this subsection is guilty of a

20 Class A misdemeanor.

21  (c) The licensing requirements of this Article do not

22 apply to:

23  (1) any person who is employed as a code enforcement

24  official by the State of Illinois or any unit of local

25  government, while acting within the scope of that
    SB3897 Enrolled         - 131 - LRB104 18005 AAS 31442 b

1   government employment;

2   (2) any person licensed in this State by any other law

3   who is engaging in the profession or occupation for which

4   the person is licensed; or

5   (3) any person engaged by the owner or lessor of

6   residential real property for the purpose of preparing a

7   bid or estimate as to the work necessary or the costs

8   associated with performing home construction, home

9   remodeling, or home repair work on the residential real

10  property, provided such person does not advertise or hold

11  oneself out as engaged in business as a home inspector.

12  (d) The licensing of home inspector entities required

13 under this Act does not apply to an entity whose ownership

14 structure is one licensed home inspector operating either (1)

15 a sole proprietorship, a single member limited liability

16 company, or a single shareholder corporation, or (2) a limited

17 liability company, corporation, or partnership co-owned solely

18 with the home inspector's unlicensed spouse. and that The home

19 inspector owner or operator shall be is the only licensee

20 licensed home inspector performing inspections on the entity's

21 behalf and the. The licensed home inspector who is the sole

22 proprietor, sole shareholder, or single member of the company

23 or entity shall comply with all other provisions of this Act.

24 (Source: P.A. 102-20, eff. 1-1-22.)

25  (225 ILCS 441/5-12)
    SB3897 Enrolled      - 132 - LRB104 18005 AAS 31442 b

1   (Section scheduled to be repealed on January 1, 2027)

2   Sec. 5-12. Application for home inspector license; entity.

3 Every entity that is not a natural person that desires to

4 obtain a home inspector license shall apply to the Department

5 in a manner prescribed by the Department and accompanied by

6 the required fee.

7   Applicants have 3 years after the date of the application

8 to complete the application process. If the process has not

9 been completed within 3 years, the application shall be

10 denied, the fee forfeited, and the applicant must reapply and

11 meet the requirements in effect at the time of reapplication.

12  A corporation, limited liability company, partnership, or

13 entity shall, as a condition of licensure, designate a

14 managing licensed home inspector. The home inspector entity

15 and the designated managing home inspector of that any home

16 inspector entity shall be responsible for the actions of all

17 licensed and unlicensed employees, agents, and representatives

18 of that home inspector entity that provides while it is

19 providing a home inspection or home inspection service. All

20 other requirements for home inspector entities shall be

21 established by rule.

22 (Source: P.A. 102-20, eff. 1-1-22.)

23  (225 ILCS 441/5-16)

24  (Section scheduled to be repealed on January 1, 2027)

25  Sec. 5-16. Renewal of license.
    SB3897 Enrolled  - 133 - LRB104 18005 AAS 31442 b

1   (a) The expiration date and renewal period for a home

2 inspector license issued under this Act shall be set by rule.

3 Except as otherwise provided in subsections (b) and (c) of

4 this Section, the holder of a license may renew the license

5 within 90 days preceding the expiration date by:

6         (1) completing and submitting to the Department a

7   renewal application in a manner prescribed by the

8   Department;

9         (2) paying the required fees; and

10        (3) providing evidence of successful completion of the

11  continuing education requirements through courses approved

12  by the Department given by education providers licensed by

13  the Department, as established by rule.

14  (b) A home inspector whose license under this Act has

15 expired may renew the license for a period of 2 years following

16 the expiration date by complying with the requirements of

17 subparagraphs (1), (2), and (3) of subsection (a) of this

18 Section and paying any late fees penalties established by

19 rule.

20  (b-5) A home inspector whose license has been lapsed or

21 expired for more than 2 years but less than 5 years may restore

22 the license without examination by (i) applying to the

23 Department, (ii) providing evidence of the successful

24 completion of all hours of approved continuing education

25 during the lapsed time periods prior to the date of the

26 application, (iii) paying the required fees, and (iv)
    SB3897 Enrolled             - 134 - LRB104 18005 AAS 31442 b

1 satisfying any other requirements as established by rule. A

2 home inspector whose license has been expired for more than 5

3 years shall be required to meet the requirements of a new

4 license.

5   (c) Notwithstanding subsection (b), a home inspector whose

6 license under this Act has expired may renew or restore the

7 license without paying any lapsed renewal fees or late

8 penalties and without completing the continuing education

9 requirements for that licensure period if the license expired

10 while the home inspector was (i) in federal service on active

11 duty with the Armed Forces of the United States or called into

12 service or training with the State Militia, (ii) in training

13 or education under the supervision of the United States

14 preliminary to induction into the military service, or (iii)

15 serving as an employee of the Department and within 2 years

16 after the termination of the service, training, or education,

17 the licensee furnishes the Department with satisfactory

18 evidence of service, training, or education and was terminated

19 under honorable conditions.

20  (d) The Department shall provide reasonable care and due

21 diligence to ensure that each licensee under this Act is

22 provided a renewal application at least 90 days prior to the

23 expiration date, but it is the responsibility of each licensee

24 to renew the license prior to its expiration date.

25  (e) The Department shall not issue or renew a license if

26 the applicant or licensee has an unpaid fine or fee from a
    SB3897 Enrolled        - 135 - LRB104 18005 AAS 31442 b

1 disciplinary matter or from a non-disciplinary action imposed

2 by the Department until the fine or fee is paid to the

3 Department or the applicant or licensee has entered into a

4 payment plan and is current on the required payments.

5   (f) The Department shall not issue or renew a license if

6 the applicant or licensee has an unpaid fine or civil penalty

7 imposed by the Department for unlicensed practice until the

8 fine or civil penalty is paid to the Department or the

9 applicant or licensee has entered into a payment plan and is

10 current on the required payments.

11  (g) A home inspector who notifies the Department, in a

12 manner prescribed by the Department, may place the license on

13 inactive status for a period not to exceed 2 years and shall be

14 excused from the payment of renewal fees until the person

15 notifies the Department in writing of the intention to resume

16 active practice.

17  (h) A home inspector requesting that the license be

18 changed from inactive to active status shall be required to

19 pay the current renewal fee and shall also demonstrate

20 compliance with the continuing education requirements.

21  (i) No licensee with a nonrenewed or inactive license

22 status shall provide home inspection services as set forth in

23 this Act.

24 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22;

25 103-236, eff. 1-1-24.)
    SB3897 Enrolled       - 136 - LRB104 18005 AAS 31442 b

1   (225 ILCS 441/5-20)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 5-20. Endorsement. The Department may, in its

4 discretion, license as a home inspector, by endorsement, on

5 payment of the required fee, and without the required

6 examination, an applicant who is a home inspector licensed

7 under the laws of another state or territory, if (i) the

8 requirements for licensure in the state or territory in which

9 the applicant was licensed were, at the date of licensure,

10 substantially equivalent to the requirements in force in this

11 State on that date. or (ii) there were no requirements in force

12 in this State on the date of licensure and the applicant

13 possessed individual qualifications on that date that are

14 substantially similar to the requirements under this Act. The

15 Department may adopt any rules necessary to implement this

16 Section.

17  Applicants have 3 years after the date of application to

18 complete the application process. If the process has not been

19 completed within 3 years, the application shall be denied, the

20 fee forfeited, and the applicant must reapply and meet the

21 requirements in effect at the time of reapplication.

22 (Source: P.A. 102-20, eff. 1-1-22.)

23  (225 ILCS 441/15-10)

24  (Section scheduled to be repealed on January 1, 2027)

25  Sec. 15-10. Grounds for disciplinary action.
    SB3897 Enrolled  - 137 - LRB104 18005 AAS 31442 b

1   (a) The Department may refuse to issue or renew, or may

2 revoke, suspend, place on probation, reprimand, or take other

3 disciplinary or non-disciplinary action as the Department may

4 deem appropriate, including imposing fines not to exceed

5 $25,000 for each violation upon any licensee or applicant

6 under this Act or any person or entity who holds oneself out as

7 an applicant or licensee, for any one or combination of the

8 following:

9   (1) Fraud or misrepresentation in applying for, or

10  procuring a license under this Act or in connection with

11  applying for renewal of a license under this Act.

12  (2) Failing to meet the minimum qualifications for

13  licensure as a home inspector established by this Act.

14  (3) Paying money, other than for the fees provided for

15  by this Act, or anything of value to an employee of the

16  Department to procure licensure under this Act.

17  (4) Conviction of, or plea of guilty or nolo

18  contendere, or finding as enumerated in subsection (c) of

19  Section 5-10, under the laws of any jurisdiction of the

20  United States: (i) that is a felony, misdemeanor, or

21  administrative sanction, or (ii) that is a crime that

22  subjects the licensee to compliance with the requirements

23  of the Sex Offender Registration Act.

24  (5) Committing an act or omission involving

25  dishonesty, fraud, or misrepresentation with the intent to

26  substantially benefit the licensee or another person or
    SB3897 Enrolled  - 138 - LRB104 18005 AAS 31442 b

1   with the intent to substantially injure another person.

2   (6) Violating a provision or standard for the

3   development or communication of home inspections as

4   provided in Section 10-5 of this Act or as defined in the

5   rules.

6   (7) Failing or refusing to exercise reasonable

7   diligence in the development, reporting, or communication

8   of a home inspection report, as defined by this Act or the

9   rules.

10  (8) Violating a provision of this Act or the rules.

11  (9) Having been disciplined by another state, the

12  District of Columbia, a territory, a foreign nation, a

13  governmental agency, or any other entity authorized to

14  impose discipline if at least one of the grounds for that

15  discipline is the same as or substantially equivalent to

16  one of the grounds for which a licensee may be disciplined

17  under this Act.

18  (10) Engaging in dishonorable, unethical, or

19  unprofessional conduct of a character likely to deceive,

20  defraud, or harm the public.

21  (11) Accepting an inspection assignment when the

22  employment itself is contingent upon the home inspector

23  reporting a predetermined analysis or opinion, or when the

24  fee to be paid is contingent upon the analysis, opinion,

25  or conclusion reached or upon the consequences resulting

26  from the home inspection assignment.
    SB3897 Enrolled  - 139 - LRB104 18005 AAS 31442 b

1   (12) Developing home inspection opinions or

2   conclusions based on the race, color, religion, sex,

3   national origin, ancestry, age, marital status, family

4   status, physical or mental disability, military status,

5   unfavorable discharge from military status, sexual

6   orientation, order of protection status, pregnancy, or any

7   other protected class as defined under the Illinois Human

8   Rights Act, of the prospective or present owners or

9   occupants of the area or property under home inspection.

10  (13) Being adjudicated liable in a civil proceeding on

11  grounds of fraud, misrepresentation, or deceit. In a

12  disciplinary proceeding based upon a finding of civil

13  liability, the home inspector shall be afforded an

14  opportunity to present mitigating and extenuating

15  circumstances, but may not collaterally attack the civil

16  adjudication.

17  (14) Being adjudicated liable in a civil proceeding

18  for violation of a State or federal fair housing law.

19  (15) Engaging in misleading or untruthful advertising

20  or using a trade name or insignia of membership in a home

21  inspection organization of which the licensee is not a

22  member.

23  (16) Failing, within 30 days, to provide information

24  in response to a written request made by the Department.

25  (17) Failing to include within the home inspection

26  report the home inspector's license number and the date of
    SB3897 Enrolled  - 140 - LRB104 18005 AAS 31442 b

1   expiration of the license. The names of (i) all persons

2   who conducted the home inspection; and (ii) all persons

3   who prepared the subsequent written evaluation or any part

4   thereof must be disclosed in the report. It is a violation

5   of this Act for a home inspector to sign a home inspection

6   report knowing that the names of all such persons have not

7   been disclosed in the home inspection report.

8   (18) Advising a client as to whether the client should

9   or should not engage in a transaction regarding the

10  residential real property that is the subject of the home

11  inspection.

12  (19) Performing a home inspection in a manner that

13  damages or alters the residential real property that is

14  the subject of the home inspection without the consent of

15  the owner.

16  (20) Performing a home inspection when the home

17  inspector is providing or may also provide other services

18  in connection with the residential real property or

19  transaction, or has an interest in the residential real

20  property, without providing prior written notice of the

21  potential or actual conflict and obtaining the prior

22  consent of the client as provided by rule.

23  (21) Aiding or assisting another person in violating

24  any provision of this Act or rules adopted under this Act.

25  (22) Inability to practice with reasonable judgment,

26  skill, or safety as a result of habitual or excessive use
    SB3897 Enrolled           - 141 - LRB104 18005 AAS 31442 b

1   or addiction to alcohol, narcotics, stimulants, or any

2   other chemical agent or drug, which may result in

3   significant harm to the public.

4   (23) A finding by the Department that the licensee,

5   after having the license placed on probationary status,

6   has violated the terms of probation.

7   (24) Willfully making or filing false records or

8   reports related to the practice of home inspection,

9   including, but not limited to, false records filed with

10  State agencies or departments.

11  (25) Charging for professional services not rendered,

12  including filing false statements for the collection of

13  fees for which services are not rendered.

14  (26) Practicing under a false or, except as provided

15  by law, an assumed name.

16  (27) Cheating on or attempting to subvert the

17  licensing examination administered under this Act.

18  (28) Engaging in any of the following prohibited

19  fraudulent, false, deceptive, or misleading advertising

20  practices:

21  (i) advertising as a home inspector or operating a

22  home inspection business entity unless there is a duly

23  licensed home inspector responsible for all inspection

24  activities and all inspections;

25  (ii) advertising that contains a misrepresentation

26  of facts or false statements regarding the licensee's
    SB3897 Enrolled        - 142 - LRB104 18005 AAS 31442 b

1   professional achievements, degrees, training, skills,

2   or qualifications in the home inspection profession or

3   any other profession requiring licensure;

4   (iii) advertising that makes only a partial

5   disclosure of relevant facts related to pricing or

6   home inspection services; and

7   (iv) advertising that claims this State or any of

8   its political subdivisions endorse the home inspection

9   report or its contents.

10  (29) Disclosing, except as otherwise required by law,

11  inspection results or client information obtained without

12  the client's written consent. A home inspector shall not

13  deliver a home inspection report to any person other than

14  the client of the home inspector without the client's

15  written consent.

16  (30) Providing fees, gifts, waivers of liability, or

17  other forms of compensation or gratuities to persons

18  licensed under any real estate professional licensing Act

19  act in this State as consideration or inducement for the

20  referral of business.

21  (31) Violating the terms of any order issued by the

22  Department.

23  (b) The Department may suspend, revoke, or refuse to issue

24 or renew an education provider's license, may reprimand, place

25 on probation, or otherwise discipline an education provider

26 licensee, and may suspend or revoke the course approval of any
    SB3897 Enrolled  - 143 - LRB104 18005 AAS 31442 b

1 course offered by an education provider, for any of the

2 following:

3   (1) Procuring or attempting to procure licensure by

4   knowingly making a false statement, submitting false

5   information, making any form of fraud or

6   misrepresentation, or refusing to provide complete

7   information in response to a question in an application

8   for licensure.

9   (2) Failing to comply with the covenants certified to

10  on the application for licensure as an education provider.

11  (3) Committing an act or omission involving

12  dishonesty, fraud, or misrepresentation or allowing any

13  such act or omission by any employee or contractor under

14  the control of the education provider.

15  (4) Engaging in misleading or untruthful advertising.

16  (5) Failing to retain competent instructors in

17  accordance with rules adopted under this Act.

18  (6) Failing to meet the topic or time requirements for

19  course approval as the provider of a pre-license

20  curriculum course or a continuing education course.

21  (7) Failing to administer an approved course using the

22  course materials, syllabus, and examinations submitted as

23  the basis of the course approval.

24  (8) Failing to provide an appropriate classroom

25  environment for presentation of courses, with

26  consideration for student comfort, acoustics, lighting,
    SB3897 Enrolled           - 144 - LRB104 18005 AAS 31442 b

1   seating, workspace, and visual aid material.

2   (9) Failing to maintain student records in compliance

3   with the rules adopted under this Act.

4   (10) Failing to provide a certificate, transcript, or

5   other student record to the Department or to a student as

6   may be required by rule.

7   (11) Failing to fully cooperate with a Department

8   investigation by knowingly making a false statement,

9   submitting false or misleading information, or refusing to

10  provide complete information in response to written

11  interrogatories or a written request for documentation

12  within 30 days of the request.

13  (c) (Blank).

14  (d) The Department may refuse to issue or may suspend

15 without hearing, as provided for in the Code of Civil

16 Procedure, the license of any person who fails to file a tax

17 return, to pay the tax, penalty, or interest shown in a filed

18 tax return, or to pay any final assessment of tax, penalty, or

19 interest, as required by any tax Act administered by the

20 Illinois Department of Revenue, until such time as the

21 requirements of the tax Act are satisfied in accordance with

22 subsection (g) of Section 2105-15 of the Civil Administrative

23 Code of Illinois.

24  (e) (Blank).

25  (f) In cases where the Department of Healthcare and Family

26 Services has previously determined that a licensee or a
    SB3897 Enrolled  - 145 - LRB104 18005 AAS 31442 b

1 potential licensee is more than 30 days delinquent in the

2 payment of child support and has subsequently certified the

3 delinquency to the Department, the Department may refuse to

4 issue or renew or may revoke or suspend that person's license

5 or may take other disciplinary action against that person

6 based solely upon the certification of delinquency made by the

7 Department of Healthcare and Family Services in accordance

8 with item (5) of subsection (a) of Section 2105-15 of the Civil

9 Administrative Code of Illinois.

10  (g) The determination by a circuit court that a licensee

11 is subject to involuntary admission or judicial admission, as

12 provided in the Mental Health and Developmental Disabilities

13 Code, operates as an automatic suspension. The suspension will

14 end only upon a finding by a court that the patient is no

15 longer subject to involuntary admission or judicial admission

16 and the issuance of a court order so finding and discharging

17 the patient.

18  (h) (Blank).

19  (i) In accordance with subsection (g-5) of Section 2105-15

20 of the Civil Administrative Code of Illinois, the Department

21 may refuse to issue, refuse to renew, suspend, or revoke,

22 without a hearing, the license of any person or entity who

23 fails to pay, perform, or secure workers' compensation

24 obligations as determined by and based solely upon the

25 certification of the Department of Insurance or the Illinois

26 Workers' Compensation Commission.
    SB3897 Enrolled         - 146 - LRB104 18005 AAS 31442 b

1 (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24;
2 revised 6-25-25.)

3   (225 ILCS 441/15-10.1)

4   (Section scheduled to be repealed on January 1, 2027)

5   Sec. 15-10.1. Citations.

6   (a) The Department may adopt rules to permit the issuance

7 of citations to any licensee for failure to comply with the

8 continuing education requirements set forth in this Act or as

9 established by rule. The citation shall be issued to the

10 licensee and shall contain the licensee's name, the licensee's

11 address, the licensee's license number, the number of required

12 hours of continuing education that have not been successfully

13 completed on or before by the licensee's licensee within the

14 renewal deadline period, and the penalty imposed, which shall

15 not exceed $2,000. The issuance of a citation shall not excuse

16 the licensee from completing all continuing education required

17 for that term of licensure renewal period.

18  (b) Service of a citation shall be made in person,

19 electronically, or by mail to the licensee at the licensee's

20 address of record or email address of record, and the citation

21 must clearly state that if the cited licensee wishes to

22 dispute the citation, the cited licensee may make a written

23 request, within 30 days after the citation is served, for a

24 hearing before the Department. If the cited licensee does not

25 request a hearing within 30 days after the citation is served,
    SB3897 Enrolled           - 147 - LRB104 18005 AAS 31442 b

1 then the citation shall become a final, non-disciplinary order

2 shall be entered, and any fine imposed is due and payable

3 within 30 60 days after the entry of that final order. If the

4 cited licensee requests a hearing within 30 days after the

5 citation is served, the Department shall afford the cited

6 licensee a hearing conducted in the same manner as a hearing

7 provided for in this Act for any violation of this Act and

8 shall determine whether the cited licensee committed the

9 violation as charged and whether the fine as levied is

10 warranted. If the violation is found, any fine shall

11 constitute non-public discipline and be due and payable within

12 30 days after the order of the Secretary, which shall

13 constitute a final order of the Department. No change in

14 license status may be made by the Department until a final

15 order of the Department has been issued.

16  (c) Payment of a fine that has been assessed pursuant to

17 this Section shall not constitute disciplinary action

18 reportable on the Department's website or elsewhere unless a

19 licensee has previously received 2 or more citations and been

20 assessed 2 or more fines.

21  (d) Nothing in this Section shall prohibit or limit the

22 Department from taking further action pursuant to this Act and

23 rules for additional, repeated, or continuing violations.

24 (Source: P.A. 102-20, eff. 1-1-22.)

25  (225 ILCS 441/15-11)
    SB3897 Enrolled  - 148 - LRB104 18005 AAS 31442 b

1   (Section scheduled to be repealed on January 1, 2027)

2   Sec. 15-11. Illegal discrimination.

3   (a) When there has been an adjudication in a civil or

4 criminal proceeding that a licensee has illegally

5 discriminated while engaged in any activity for which a

6 license is required under this Act, the Department, following

7 the provision of notice to the licensee and a hearing

8 conducted in accordance with Section 15-15 and upon the

9 determination by the Secretary as to the extent of the

10 suspension or revocation, shall suspend or revoke the license

11 of that licensee in a timely manner, unless the adjudication

12 is in the appeal process. The finding or judgment of the civil

13 or criminal proceeding is a matter of record and the merits of

14 the finding or judgment shall not be challenged in a request

15 for a hearing by the licensee.

16  (b) When there has been an order in an administrative

17 proceeding finding that a licensee has illegally discriminated

18 while engaged in any activity for which a license is required

19 under this Act, the Department, following the provision of

20 notice to the licensee and a hearing conducted in accordance

21 with Section 15-15 and upon the determination by the Secretary

22 as to the nature and extent of the discipline, shall take one

23 or more of the disciplinary actions provided for in Section

24 15-10 of this Act in a timely manner, unless the

25 administrative order is in the appeal process. The finding of

26 the administrative order is a matter of record and the merits
   SB3897 Enrolled       - 149 - LRB104 18005 AAS 31442 b

1 of the finding shall not be challenged in a request for a
2 hearing by the licensee.
3 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

4  (225 ILCS 441/15-15)

5  (Section scheduled to be repealed on January 1, 2027)

6  Sec. 15-15. Investigation; notice; hearing. The Department

7 may investigate the actions of any person who is an applicant,

8 licensee, person or persons rendering or offering to render

9 home inspection services, or any person holding or claiming to

10 hold a license as a home inspector. The Department shall,

11 before refusing to issue or renew a license or to discipline a

12 person pursuant to Section 15-10, at least 30 days prior to the

13 date set for the hearing, (i) notify the person charged in

14 writing and the person's managing licensed home inspector, if

15 any, of the charges made and the time and place for the hearing

16 on the charges, (ii) direct the person to file a written answer

17 with the Department under oath within 20 days after the

18 service of the notice, and (iii) inform the person that

19 failure to file an answer will result in a default entered

20 against the person. At the time and place fixed in the notice,

21 the Department shall proceed to hear the charges and the

22 parties or of their counsel shall be accorded ample

23 opportunity to present any pertinent statements, testimony,

24 evidence, and arguments. The Department may continue the

25 hearing from time to time. In case the person, after receiving
    SB3897 Enrolled         - 150 - LRB104 18005 AAS 31442 b

1 the notice, fails to file an answer, the license, may, in the

2 discretion of the Department, be revoked, suspended, placed on

3 probationary status, or the Department may take whatever

4 disciplinary actions considered proper, including limiting the

5 scope, nature, or extent of the person's practice or the

6 imposition of a fine, without a hearing, if the act or acts

7 charged constitute sufficient grounds for that action under

8 the Act. The notice may be served by mail, or, at the

9 discretion of the Department, by electronic means to the

10 address of record or email address of record specified by the

11 person as last updated with the Department.

12  The Secretary shall have the authority to appoint an

13 attorney duly licensed to practice law in the State of

14 Illinois to serve as the hearing officer in any action to

15 suspend, revoke, or otherwise discipline any license issued by

16 the Department. The hearing officer shall have full authority

17 to conduct the hearing.

18  A copy of the hearing officer's report or any Order of

19 Default, along with a copy of the original or amended

20 complaint giving rise to the action, shall be served upon the

21 person by the Department in the manner provided in this Act for

22 the service of a notice of hearing. Within 20 days after

23 service, the person may present to the Department a motion in

24 writing for a rehearing, which shall specify the particular

25 grounds for rehearing. If the person orders from the reporting

26 service and pays for a transcript of the record within the time
    SB3897 Enrolled             - 151 - LRB104 18005 AAS 31442 b

 1 for filing a motion for rehearing, then the 20-day period
 2 during which a motion may be filed shall commence upon the
 3 delivery of the transcript to the applicant or licensee. The
 4 Department may respond to the motion, or if a motion for
 5 rehearing is denied, then upon denial, the Secretary may enter
 6 an order in accordance with the recommendations of the hearing
 7 officer. If the Secretary disagrees in any regard with the
 8 report of the hearing officer, the Secretary may issue an
 9 order in contravention thereof. A copy of the Department's
10 final disciplinary order shall be delivered to the person and
11 the person's managing home inspector, if any.
12 (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)

13  Section 45. The Real Estate Appraiser Licensing Act of

14 2002 is amended by changing Sections 1-10, 5-25, 5-30, 15-10,

15 15-10.1, 15-11, 15-15, and 25-10 as follows:

16  (225 ILCS 458/1-10)

17  (Section scheduled to be repealed on January 1, 2027)

18  Sec. 1-10. Definitions. As used in this Act, unless the

19 context otherwise requires:

20  "Accredited college or university, junior college, or

21 community college" means a college or university, junior

22 college, or community college that is approved or accredited

23 by the Board of Higher Education, a regional or national

24 accreditation association, or by an accrediting agency that is
    SB3897 Enrolled  - 152 - LRB104 18005 AAS 31442 b

1 recognized by the U.S. Secretary of Education.

2   "Address of record" means the designated street address,

3 which may not be a post office box, recorded by the Department

4 in the applicant's or licensee's application file or license

5 file as maintained by the Department.

6   "Applicant" means a person who applies to the Department

7 for a license under this Act.

8   "Appraisal" means (noun) the act or process of developing

9 an opinion of value; an opinion of value (adjective) of or

10 pertaining to appraising and related functions, such as

11 appraisal practice or appraisal services.

12  "Appraisal assignment" means a valuation service provided

13 pursuant to an agreement between an appraiser and a client.

14  "Appraisal firm" means an appraisal entity that is 100%

15 owned and controlled by a person or persons licensed in

16 Illinois as a certified general real estate appraiser or a

17 certified residential real estate appraiser. "Appraisal firm"

18 does not include an appraisal management company.

19  "Appraisal management company" means any corporation,

20 limited liability company, partnership, sole proprietorship,

21 subsidiary, unit, or other business entity that directly or

22 indirectly: (1) provides appraisal management services to

23 creditors or secondary mortgage market participants, including

24 affiliates; (2) provides appraisal management services in

25 connection with valuing the consumer's principal dwelling as

26 security for a consumer credit transaction (including consumer
    SB3897 Enrolled  - 153 - LRB104 18005 AAS 31442 b

1 credit transactions incorporated into securitizations); and

2 (3) any appraisal management company that, within a given

3 12-month period, oversees an appraiser panel of 16 or more

4 State-certified appraisers in Illinois or 25 or more

5 State-certified or State-licensed appraisers in 2 or more

6 jurisdictions. "Appraisal management company" includes a

7 hybrid entity.

8   "Appraisal practice" means valuation services performed by

9 an individual acting as an appraiser, including, but not

10 limited to, appraisal or appraisal review.

11  "Appraisal qualification board (AQB)" means the

12 independent board of the Appraisal Foundation, which, under

13 the provisions of Title XI of the Financial Institutions

14 Reform, Recovery, and Enforcement Act of 1989, establishes the

15 minimum education, experience, and examination requirements

16 for real property appraisers to obtain a state certification

17 or license.

18  "Appraisal report" means any communication, written or

19 oral, of an appraisal or appraisal review that is transmitted

20 to a client upon completion of an assignment.

21  "Appraisal review" means the act or process of developing

22 and communicating an opinion about the quality of another

23 appraiser's work that was performed as part of an appraisal,

24 appraisal review, or appraisal assignment.

25  "Appraisal Subcommittee" means the Appraisal Subcommittee

26 of the Federal Financial Institutions Examination Council as
    SB3897 Enrolled         - 154 - LRB104 18005 AAS 31442 b

1 established by Title XI.

2   "Appraiser" means a person who performs real estate or

3 real property appraisals competently and in a manner that is

4 independent, impartial, and objective.

5   "Appraiser panel" means a network, list, or roster of

6 licensed or certified appraisers approved by the appraisal

7 management company or by the end-user client to perform

8 appraisals as independent contractors for the appraisal

9 management company. "Appraiser panel" includes both appraisers

10 accepted by an appraisal management company for consideration

11 for future appraisal assignments and appraisers engaged by an

12 appraisal management company to perform one or more

13 appraisals. For the purposes of determining the size of an

14 appraiser panel, only independent contractors of hybrid

15 entities shall be counted towards the appraiser panel.

16  "Associate real estate trainee appraiser" means an

17 entry-level appraiser who holds a license of this

18 classification under this Act with restrictions as to the

19 scope of practice in accordance with this Act.

20  "Automated valuation model" means an automated system that

21 is used to derive a property value through the use of available

22 property records and various analytic methodologies such as

23 comparable sales prices, home characteristics, and price

24 changes.

25  "Board" means the Real Estate Appraisal Administration and

26 Disciplinary Board.
    SB3897 Enrolled  - 155 - LRB104 18005 AAS 31442 b

1   "Broker price opinion" means an estimate or analysis of

2 the probable selling price of a particular interest in real

3 estate, which may provide a varying level of detail about the

4 property's condition, market, and neighborhood and information

5 on comparable sales. The activities of a real estate broker or

6 managing broker engaging in the ordinary course of business as

7 a broker, as defined in this Section, shall not be considered a

8 broker price opinion if no compensation is paid to the broker

9 or managing broker, other than compensation based upon the

10 sale or rental of real estate.

11  "Classroom hour" means 50 minutes of instruction out of

12 each 60-minute segment of coursework.

13  "Client" means the party or parties who engage an

14 appraiser by employment or contract in a specific appraisal

15 assignment.

16  "Comparative market analysis" is an analysis or opinion

17 regarding pricing, marketing, or financial aspects relating to

18 a specified interest or interests in real estate that may be

19 based upon an analysis of comparative market data, the

20 expertise of the real estate broker or managing broker, and

21 such other factors as the broker or managing broker may deem

22 appropriate in developing or preparing such analysis or

23 opinion. The activities of a real estate broker or managing

24 broker engaging in the ordinary course of business as a

25 broker, as defined in this Section, shall not be considered a

26 comparative market analysis if no compensation is paid to the
    SB3897 Enrolled          - 156 - LRB104 18005 AAS 31442 b

1 broker or managing broker, other than compensation based upon

2 the sale or rental of real estate.

3   "Coordinator" means the Real Estate Appraisal Coordinator

4 created in Section 25-15.

5   "Department" means the Department of Financial and

6 Professional Regulation.

7   "Email address of record" means the designated email

8 address recorded by the Department in the applicant's

9 application file or the licensee's license file maintained by

10 the Department.

11  "Evaluation" means a valuation permitted by the appraisal

12 regulations of the Federal Financial Institutions Examination

13 Council and its federal agencies for transactions that qualify

14 for the appraisal threshold exemption, business loan

15 exemption, or subsequent transaction exemption.

16  "Federal financial institutions regulatory agencies" means

17 the Board of Governors of the Federal Reserve System, the

18 Federal Deposit Insurance Corporation, the Office of the

19 Comptroller of the Currency, the Consumer Financial Protection

20 Bureau, and the National Credit Union Administration.

21  "Federally related transaction" means any real

22 estate-related financial transaction in which a federal

23 financial institutions regulatory agency engages in, contracts

24 for, or regulates and requires the services of an appraiser.

25  "Financial institution" means any bank, savings bank,

26 savings and loan association, credit union, mortgage broker,
    SB3897 Enrolled             - 157 - LRB104 18005 AAS 31442 b

1 mortgage banker, licensee under the Consumer Installment Loan

2 Act or the Sales Finance Agency Act, or a corporate fiduciary,

3 subsidiary, affiliate, parent company, or holding company of

4 any such licensee, or any institution involved in real estate

5 financing that is regulated by state or federal law.

6   "Hybrid entity" means an appraisal management company that

7 hires an appraiser as an employee to perform an appraisal and

8 engages an independent contractor to perform an appraisal.

9   "License" means the privilege conferred by the Department

10 to a person that has fulfilled all requirements prerequisite

11 to any type of licensure under this Act.

12  "Licensee" means any person licensed under this Act.

13  "Multi-state licensing system" means a web-based platform

14 that allows an applicant to submit the application or license

15 renewal application to the Department online.

16  "Person" means an individual, entity, sole proprietorship,

17 corporation, limited liability company, partnership, and joint

18 venture, foreign or domestic, except that when the context

19 otherwise requires, the term may refer to more than one

20 individual or other described entity.

21  "Real estate" means an identified parcel or tract of land,

22 including any improvements.

23  "Real estate related financial transaction" means any

24 transaction involving:

25  (1) the sale, lease, purchase, investment in, or

26  exchange of real property, including interests in property
    SB3897 Enrolled     - 158 - LRB104 18005 AAS 31442 b

1   or the financing thereof;

2   (2) the refinancing of real property or interests in

3   real property; and

4   (3) the use of real property or interest in property

5   as security for a loan or investment, including mortgage

6   backed securities.

7   "Real property" means the interests, benefits, and rights

8 inherent in the ownership of real estate.

9   "Secretary" means the Secretary of Financial and

10 Professional Regulation or the Secretary's designee.

11  "State certified general real estate appraiser" means an

12 appraiser who holds a license of this classification under

13 this Act and such classification applies to the appraisal of

14 all types of real property without restrictions as to the

15 scope of practice.

16  "State certified residential real estate appraiser" means

17 an appraiser who holds a license of this classification under

18 this Act and such classification applies to the appraisal of

19 one to 4 units of residential real property without regard to

20 transaction value or complexity, but with restrictions as to

21 the scope of practice in a federally related transaction in

22 accordance with Title XI, the provisions of USPAP, criteria

23 established by the AQB, and further defined by rule.

24  "Supervising appraiser" means either (i) an appraiser who

25 holds a valid license under this Act as either a State

26 certified general real estate appraiser or a State certified
    SB3897 Enrolled      - 159 - LRB104 18005 AAS 31442 b

1 residential real estate appraiser, who co-signs an appraisal

2 report for an associate real estate trainee appraiser or (ii)

3 a State certified general real estate appraiser who holds a

4 valid license under this Act who co-signs an appraisal report

5 for a State certified residential real estate appraiser on

6 properties other than one to 4 units of residential real

7 property without regard to transaction value or complexity.

8   "Title XI" means Title XI of the federal Financial

9 Institutions Reform, Recovery, and Enforcement Act of 1989.

10  "USPAP" means the Uniform Standards of Professional

11 Appraisal Practice as promulgated by the Appraisal Standards

12 Board pursuant to Title XI and by rule.

13  "Valuation services" means services pertaining to aspects

14 of property value.

15 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;

16 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

17  (225 ILCS 458/5-25)

18  (Section scheduled to be repealed on January 1, 2027)

19  Sec. 5-25. Renewal of license.

20  (a) The expiration date and renewal period for a State

21 certified general real estate appraiser license or a State

22 certified residential real estate appraiser license issued

23 under this Act shall be set by rule. Except as otherwise

24 provided in subsections (b) and (f) of this Section, the

25 holder of a license may renew the license within 90 days
    SB3897 Enrolled      - 160 - LRB104 18005 AAS 31442 b

1 preceding the expiration date by:

2   (1) completing and submitting to the Department, or

3   through a multi-state licensing system as designated by

4   the Secretary, a renewal application form as provided by

5   the Department;

6   (2) paying the required fees; and

7   (3) providing evidence to the Department, or through a

8   multi-state licensing system as designated by the

9   Secretary, of successful completion of the continuing

10  education requirements through courses approved by the

11  Department from education providers licensed by the

12  Department, as established by the AQB and by rule.

13  (b) A State certified general real estate appraiser or

14 State certified residential real estate appraiser whose

15 license under this Act has expired may renew the license for a

16 period of 2 years following the expiration date by complying

17 with the requirements of paragraphs (1), (2), and (3) of

18 subsection (a) of this Section and paying any late penalties

19 established by rule.

20  (c) (Blank).

21  (d) The expiration date and renewal period for an

22 associate real estate trainee appraiser license issued under

23 this Act shall be set by rule. Except as otherwise provided in

24 subsections (e) and (f) of this Section, the holder of an

25 associate real estate trainee appraiser license may renew the

26 license within 90 days preceding the expiration date by:
    SB3897 Enrolled         - 161 - LRB104 18005 AAS 31442 b

1        (1) completing and submitting to the Department, or

2   through a multi-state licensing system as designated by

3   the Secretary, a renewal application form as provided by

4   the Department;

5        (2) paying the required fees; and

6        (3) providing evidence to the Department, or through a

7   multi-state licensing system as designated by the

8   Secretary, of successful completion of the continuing

9   education requirements through courses approved by the

10  Department from education providers approved by the

11  Department, as established by rule.

12  (e) Any associate real estate trainee appraiser whose

13 license under this Act has expired may renew the license for a

14 period of 2 years following the expiration date by complying

15 with the requirements of paragraphs (1), (2), and (3) of

16 subsection (d) of this Section and paying any late penalties

17 as established by rule.

18  (f) Notwithstanding subsections (b) (c) and (e), an

19 appraiser whose license under this Act has expired may renew

20 or convert the license without paying any lapsed renewal fees

21 or late penalties if the license expired while the appraiser

22 was:

23       (1) on active duty with the United States Armed

24  Services;

25       (2) serving as the Coordinator or an employee of the

26  Department who was required to surrender the license
    SB3897 Enrolled        - 162 - LRB104 18005 AAS 31442 b

1   during the term of employment.

2   Application for renewal must be made within 2 years

3 following the termination of the military service or related

4 education, training, or employment and shall include an

5 affidavit from the licensee of engagement.

6   (g) The Department shall provide reasonable care and due

7 diligence to ensure that each licensee under this Act is

8 provided with a renewal application at least 90 days prior to

9 the expiration date, but timely renewal or conversion of the

10 license prior to its expiration date is the responsibility of

11 the licensee.

12  (h) The Department shall not issue or renew a license if

13 the applicant or licensee has an unpaid fine or fee from a

14 disciplinary matter or from a non-disciplinary action imposed

15 by the Department until the fine or fee is paid to the

16 Department or the applicant or licensee has entered into a

17 payment plan and is current on the required payments.

18  (i) The Department shall not issue or renew a license if

19 the applicant or licensee has an unpaid fine or civil penalty

20 imposed by the Department for unlicensed practice until the

21 fine or civil penalty is paid to the Department or the

22 applicant or licensee has entered into a payment plan and is

23 current on the required payments.

24 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22;

25 103-236, eff. 1-1-24.)
    SB3897 Enrolled       - 163 - LRB104 18005 AAS 31442 b

1   (225 ILCS 458/5-30)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 5-30. Endorsement. The Department may issue an

4 appraiser license, without the required examination, to an

5 applicant licensed by another state, territory, possession of

6 the United States, or the District of Columbia, if (i) the

7 licensing requirements of that licensing authority are, on the

8 date of licensure, substantially equal to the requirements set

9 forth under this Act or to a person who, at the time of the

10 application, possessed individual qualifications that were

11 substantially equivalent to the requirements of this Act and

12 or (ii) the applicant provides the Department with evidence of

13 good standing from the Appraisal Subcommittee National

14 Registry report and a criminal history records check in

15 accordance with Section 5-22. An applicant under this Section

16 shall pay all of the required fees.

17 (Source: P.A. 102-20, eff. 1-1-22.)

18  (225 ILCS 458/15-10)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 15-10. Grounds for disciplinary action.

21  (a) The Department may suspend, revoke, refuse to issue,

22 renew, or restore a license and may reprimand, place on

23 probation or administrative supervision, or take any

24 disciplinary or non-disciplinary action, including imposing

25 conditions limiting the scope, nature, or extent of the real
    SB3897 Enrolled  - 164 - LRB104 18005 AAS 31442 b

1 estate appraisal practice of a licensee or reducing the

2 appraisal rank of a licensee, and may impose an administrative

3 fine not to exceed $25,000 for each violation upon a licensee

4 or applicant under this Act or any person who holds oneself out

5 as an applicant or licensee for any one or combination of the

6 following:

7   (1) Procuring or attempting to procure a license by

8   knowingly making a false statement, submitting false

9   information, engaging in any form of fraud or

10  misrepresentation, or refusing to provide complete

11  information in response to a question in an application

12  for licensure.

13  (2) Failing to meet the minimum qualifications for

14  licensure as an appraiser established by this Act.

15  (3) Paying money, other than for the fees provided for

16  by this Act, or anything of value to a member or employee

17  of the Board or the Department to procure licensure under

18  this Act.

19  (4) Conviction of, or plea of guilty or nolo

20  contendere, as enumerated in subsection (e) of Section

21  5-22, under the laws of any jurisdiction of the United

22  States to: (i) that is a felony, misdemeanor, or

23  administrative sanction or (ii) that is a crime that

24  subjects the licensee to compliance with the requirements

25  of the Sex Offender Registration Act.

26  (5) Committing an act or omission involving
    SB3897 Enrolled   - 165 - LRB104 18005 AAS 31442 b

1   dishonesty, fraud, or misrepresentation with the intent to

2   substantially benefit the licensee or another person or

3   with intent to substantially injure another person as

4   defined by rule.

5   (6) Violating a provision or standard for the

6   development or communication of real estate appraisals as

7   provided in Section 10-10 of this Act or as defined by

8   rule.

9   (7) Failing or refusing without good cause to exercise

10  reasonable diligence in developing, reporting, or

11  communicating an appraisal, as defined by this Act or by

12  rule.

13  (8) Violating a provision of this Act or the rules

14  adopted pursuant to this Act.

15  (9) Having been disciplined by another state, the

16  District of Columbia, a territory, a foreign nation, a

17  governmental agency, or any other entity authorized to

18  impose discipline if at least one of the grounds for that

19  discipline is the same as or the equivalent of one of the

20  grounds for which a licensee may be disciplined under this

21  Act.

22  (10) Engaging in dishonorable, unethical, or

23  unprofessional conduct of a character likely to deceive,

24  defraud, or harm the public.

25  (11) Accepting an appraisal assignment when the

26  employment itself is contingent upon the appraiser
    SB3897 Enrolled     - 166 - LRB104 18005 AAS 31442 b

1   reporting a predetermined estimate, analysis, or opinion

2   or when the fee to be paid is contingent upon the opinion,

3   conclusion, or valuation reached or upon the consequences

4   resulting from the appraisal assignment.

5   (12) Developing valuation conclusions based on the

6   race, color, religion, sex, national origin, ancestry,

7   age, marital status, family status, physical or mental

8   disability, sexual orientation, pregnancy, order of

9   protection status, military status, unfavorable military

10  discharge, source of income, or any other protected class,

11  as defined under the Illinois Human Rights Act, of the

12  prospective or present owners or occupants of the area or

13  property under appraisal.

14  (13) Violating the confidential nature of government

15  records to which the licensee gained access through

16  employment or engagement as an appraiser by a governmental

17  government agency.

18  (14) Being adjudicated liable in a civil proceeding on

19  grounds of fraud, misrepresentation, or deceit. In a

20  disciplinary proceeding based upon a finding of civil

21  liability, the appraiser shall be afforded an opportunity

22  to present mitigating and extenuating circumstances, but

23  may not collaterally attack the civil adjudication.

24  (15) Being adjudicated liable in a civil proceeding

25  for violation of a state or federal fair housing law.

26  (16) Engaging in misleading or untruthful advertising
    SB3897 Enrolled  - 167 - LRB104 18005 AAS 31442 b

1   or using a trade name or insignia of membership in a real

2   estate appraisal or real estate organization of which the

3   licensee is not a member.

4   (17) Failing to fully cooperate with a Department

5   investigation by knowingly making a false statement,

6   submitting false or misleading information, or refusing to

7   provide complete information in response to written

8   interrogatories or a written request for documentation

9   within 30 days of the request.

10  (18) Failing to include within the certificate of

11  appraisal for all written appraisal reports the

12  appraiser's license number and licensure title. All

13  appraisers providing significant contribution to the

14  development and reporting of an appraisal must be

15  disclosed in the appraisal report. It is a violation of

16  this Act for an appraiser to sign a report, transmittal

17  letter, or appraisal certification knowing that a person

18  providing a significant contribution to the report has not

19  been disclosed in the appraisal report.

20  (19) Violating the terms of a disciplinary order or

21  Consent consent to Administrative Supervision

22  administrative supervision order.

23  (20) Habitual or excessive use or addiction to

24  alcohol, narcotics, stimulants, or any other chemical

25  agent or drug that results in a licensee's inability to

26  practice with reasonable judgment, skill, or safety that
    SB3897 Enrolled        - 168 - LRB104 18005 AAS 31442 b

1   may result in significant harm to the public.

2   (21) A physical or mental illness or disability which

3   results in the inability to practice under this Act with

4   reasonable judgment, skill, or safety.

5   (22) Gross negligence in developing an appraisal or in

6   communicating an appraisal or failing to observe one or

7   more of the Uniform Standards of Professional Appraisal

8   Practice.

9   (23) A pattern of practice or other behavior that

10  demonstrates incapacity or incompetence to practice under

11  this Act.

12  (24) Using or attempting to use the seal, certificate,

13  or license of another as one's own; falsely impersonating

14  any duly licensed appraiser; using or attempting to use an

15  inactive, expired, suspended, or revoked license; or

16  aiding or abetting any of the foregoing.

17  (25) Solicitation of professional services by using

18  false, misleading, or deceptive advertising.

19  (26) Making a material misstatement in furnishing

20  information to the Department.

21  (27) Failure to furnish information to the Department

22  upon written request.

23  (b) The Department may reprimand, suspend, revoke, or

24 refuse to issue or renew an education provider's license, may

25 reprimand, place on probation, or otherwise discipline an

26 education provider, and may suspend or revoke the course
    SB3897 Enrolled  - 169 - LRB104 18005 AAS 31442 b

1 approval of any course offered by an education provider and

2 may impose an administrative fine not to exceed $25,000 upon

3 an education provider, for any of the following:

4   (1) Procuring or attempting to procure licensure by

5   knowingly making a false statement, submitting false

6   information, engaging in any form of fraud or

7   misrepresentation, or refusing to provide complete

8   information in response to a question in an application

9   for licensure.

10  (2) Failing to comply with the covenants certified to

11  on the application for licensure as an education provider.

12  (3) Committing an act or omission involving

13  dishonesty, fraud, or misrepresentation or allowing any

14  such act or omission by any employee or contractor under

15  the control of the provider.

16  (4) Engaging in misleading or untruthful advertising.

17  (5) Failing to retain competent instructors in

18  accordance with rules adopted under this Act.

19  (6) Failing to meet the topic or time requirements for

20  course approval as the provider of a qualifying curriculum

21  course or a continuing education course.

22  (7) Failing to administer an approved course using the

23  course materials, syllabus, and examinations submitted as

24  the basis of the course approval.

25  (8) Failing to provide an appropriate classroom

26  environment for presentation of courses, with
    SB3897 Enrolled           - 170 - LRB104 18005 AAS 31442 b

1   consideration for student comfort, acoustics, lighting,

2   seating, workspace, and visual aid material.

3   (9) Failing to maintain student records in compliance

4   with the rules adopted under this Act.

5   (10) Failing to provide a certificate, transcript, or

6   other student record to the Department or to a student as

7   may be required by rule.

8   (11) Failing to fully cooperate with an investigation

9   by the Department by knowingly making a false statement,

10  submitting false or misleading information, or refusing to

11  provide complete information in response to written

12  interrogatories or a written request for documentation

13  within 30 days of the request.

14  (c) In appropriate cases, the Department may resolve a

15 complaint against a licensee through the issuance of a Consent

16 to Administrative Supervision order. A licensee subject to a

17 Consent to Administrative Supervision order shall be

18 considered by the Department as an active licensee in good

19 standing. This order shall not be reported or considered by

20 the Department to be a discipline of the licensee. The records

21 regarding an investigation and a Consent to Administrative

22 Supervision order shall be considered confidential and shall

23 not be released by the Department except as mandated by law.

24 (Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24;

25 revised 6-24-25.)
    SB3897 Enrolled         - 171 - LRB104 18005 AAS 31442 b

1   (225 ILCS 458/15-10.1)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 15-10.1. Citations.

4   (a) The Department may adopt rules to permit the issuance

5 of citations to any licensee for failure to comply with the

6 continuing education requirements set forth in this Act or as

7 established by rule. The citation shall be issued to the

8 licensee. For associate real estate trainee appraisers, a copy

9 shall also be sent to the licensee's supervising appraiser of

10 record. The citation shall contain the licensee's name, the

11 licensee's address, the licensee's license number, the number

12 of required hours of continuing education that have not been

13 successfully completed on or before by the licensee's licensee

14 within the renewal deadline period, and the penalty imposed,

15 which shall not exceed $2,000. The issuance of a citation

16 shall not excuse the licensee from completing all continuing

17 education required for that term of licensure renewal period.

18  (b) Service of a citation shall be made in person,

19 electronically, or by mail to the licensee at the licensee's

20 address of record or email address of record and . Service of a

21 citation must clearly state that if the cited licensee wishes

22 to dispute the citation, the cited licensee may make a written

23 request, within 30 days after the citation is served, for a

24 hearing before the Department. If the cited licensee does not

25 request a hearing within 30 days after the citation is served,

26 then the citation shall become a final, non-disciplinary order
    SB3897 Enrolled           - 172 - LRB104 18005 AAS 31442 b

1 shall be entered, and any fine imposed is due and payable

2 within 30 60 days after the entry of that final order. If the

3 cited licensee requests a hearing within 30 days after the

4 citation is served, the Department shall afford the cited

5 licensee a hearing conducted in the same manner as a hearing

6 provided for in this Act for any violation of this Act and

7 shall determine whether the cited licensee committed the

8 violation as charged and whether the fine as levied is

9 warranted. If the violation is found, any fine shall

10 constitute non-public discipline and be due and payable within

11 30 days after the order of the Secretary, which shall

12 constitute a final order of the Department. No change in

13 license status may be made by the Department until a final

14 order of the Department has been issued.

15  (c) Payment of a fine that has been assessed pursuant to

16 this Section shall not constitute disciplinary action

17 reportable on the Department's website or elsewhere unless a

18 licensee has previously received 2 or more citations and been

19 assessed 2 or more fines.

20  (d) Nothing in this Section shall prohibit or limit the

21 Department from taking further action pursuant to this Act and

22 rules for additional, repeated, or continuing violations.

23 (Source: P.A. 102-20, eff. 1-1-22.)

24  (225 ILCS 458/15-11)

25  (Section scheduled to be repealed on January 1, 2027)
    SB3897 Enrolled  - 173 - LRB104 18005 AAS 31442 b

1   Sec. 15-11. Illegal discrimination.

2   (a) When there has been an adjudication in a civil or

3 criminal proceeding that a licensee has illegally

4 discriminated while engaged in any activity for which a

5 license is required under this Act, the Department, following

6 notice to the licensee and a hearing in accordance with

7 Section 15-15 and upon the recommendation of the Board as to

8 the extent of the suspension or revocation, shall suspend or

9 revoke the license of that licensee in a timely manner, unless

10 the adjudication is in the appeal process. The finding or

11 judgment of the civil or criminal proceeding is a matter of

12 record, the merits of which shall not be challenged in a

13 request for a hearing by the licensee.

14  (b) When there has been an order in an administrative

15 proceeding finding that a licensee has illegally discriminated

16 while engaged in any activity for which a license is required

17 under this Act, the Department, following notice to the

18 licensee and a hearing in accordance with Section 15-15, and

19 upon recommendation of the Board as to the nature and extent of

20 the discipline, shall take one or more of the disciplinary

21 actions provided for in this Act Section 15-10 in a timely

22 manner, unless the administrative order is in the appeal

23 process. The finding of the administrative order is a matter

24 of record, the merits of which shall not be challenged in a

25 request for a hearing by the licensee.

26 (Source: P.A. 102-20, eff. 1-1-22.)
    SB3897 Enrolled       - 174 - LRB104 18005 AAS 31442 b

1   (225 ILCS 458/15-15)

2   (Section scheduled to be repealed on January 1, 2027)

3   Sec. 15-15. Investigation; notice; hearing.

4   (a) Upon the motion of the Department or the Board or upon

5 a complaint in writing of a person setting forth facts that, if

6 proven, would constitute grounds for suspension, revocation,

7 or other disciplinary action, the Department shall investigate

8 the actions or qualifications of any person who is a licensee,

9 applicant for licensure, unlicensed person, person rendering

10 or offering to render appraisal services, or person holding or

11 claiming to hold a license under this Act. If, upon

12 investigation, the Department believes that there may be cause

13 for suspension, revocation, or other disciplinary action, the

14 Department may shall use the services of a State certified

15 general real estate appraiser, a State certified residential

16 real estate appraiser, or the Coordinator to assist in

17 determining whether grounds for disciplinary action exist

18 prior to commencing formal disciplinary proceedings.

19  (b) Formal disciplinary proceedings shall commence upon

20 the issuance of a written complaint describing the charges

21 that are the basis of the disciplinary action and delivery of

22 the detailed complaint to the most recent address of record or

23 email address of record of the person charged as provided to

24 the Department. For an associate real estate trainee

25 appraiser, a copy shall also be sent to the licensee's
    SB3897 Enrolled  - 175 - LRB104 18005 AAS 31442 b

1 supervising appraiser of record at the supervising appraiser's

2 most recent address of record or email address of record as

3 provided to the Department. The Department shall notify the

4 person to file a verified written answer within 20 days after

5 the service of the notice and complaint. The notification

6 shall inform the person of the right to be heard in person or

7 by legal counsel; that the hearing will be afforded not sooner

8 than 20 days after service of the complaint; that failure to

9 file an answer after service of notice will result in a default

10 being entered against the person; that the license may be

11 suspended, revoked, or placed on probationary status; and that

12 the Department may take whatever other disciplinary action may

13 be taken pursuant to this Act, including limiting the scope,

14 nature, or extent of the licensee's practice. If the person

15 fails to file an answer after service of notice, the

16 respective license may, at the discretion of the Department,

17 be suspended, revoked, or placed on probationary status and

18 the Department may take whatever disciplinary action it deems

19 proper, including limiting the scope, nature, or extent of the

20 person's practice, without a hearing.

21  (c) At the time and place fixed in the notice, the

22 Department Board shall conduct a hearing of the charges,

23 providing the parties both the person charged and the

24 complainant ample opportunity to present in person or by

25 counsel such statements, testimony, evidence, and argument as

26 may be pertinent to the charges or to a defense thereto. The
    SB3897 Enrolled         - 176 - LRB104 18005 AAS 31442 b

1 Department may continue such hearing from time to time.

2   If the person fails to file an answer after service of

3 notice, the respective license may, at the discretion of the

4 Department, be suspended, revoked, or placed on probationary

5 status and the Department may take whatever disciplinary

6 action it deems proper, including limiting the scope, nature,

7 or extent of the person's practice, without a hearing, if the

8 act or acts charged constitute sufficient grounds for such

9 action under this Act.

10  (c-5) The Secretary shall have the authority to appoint an

11 attorney duly licensed to practice law in the State of

12 Illinois to serve as the hearing officer in any action to

13 suspend, revoke, or otherwise discipline any license issued by

14 the Department. The Hearing Officer shall have full authority

15 to conduct the hearing.

16  There may be present one or more members of the Board at

17 any such hearing. The hearing officer shall report the hearing

18 officer's findings and recommendations to the Board and the

19 Secretary. The Board shall have 60 days from receipt of the

20 report to review the report of the hearing officer and present

21 its findings of fact, conclusions of law, and recommendations

22 to the Secretary. If the Board fails to present its findings of

23 fact, conclusions of law, and recommendations within the

24 60-day period, the Department may request in writing a direct

25 appeal to the Secretary, in which case the Secretary may issue

26 an order based upon the report of the hearing officer and the
    SB3897 Enrolled    - 177 - LRB104 18005 AAS 31442 b

1 record of the proceedings or issue an order remanding the

2 matter back to the hearing officer for additional proceedings

3 in accordance with the order. If the Board fails to present its

4 findings of fact, conclusions of law, and recommendations

5 within a 60-day period after receiving an Order of Default,

6 the Department may request in writing a direct appeal to the

7 Secretary.

8   (d) The Board shall present to the Secretary a written

9 report of its findings of fact and recommendations. A copy of

10 the report shall be served upon the person either by mail or,

11 at the discretion of the Department, by electronic means. For

12 associate real estate trainee appraisers, a copy shall also be

13 sent to the licensee's supervising appraiser of record. Within

14 20 days after the service, the person may present to the

15 Department Secretary with a motion in writing for a rehearing

16 that specifies and shall specify the particular grounds for

17 the request. If the person orders a transcript of the record

18 from the applicable reporting service and pays for the

19 transcript within the 20-day period for filing a motion for

20 rehearing, the 20-day period shall restart upon the delivery

21 of the transcript.

22  Notwithstanding any other provision of this Section, if

23 the Secretary, upon review, determines that substantial

24 justice has not been done in the revocation, suspension, or

25 refusal to issue or renew a license or any other disciplinary

26 action taken as a result of the entry of the hearing officer's
    SB3897 Enrolled  - 178 - LRB104 18005 AAS 31442 b

1 report, the Secretary may order a rehearing by the Board or

2 other special committee appointed by the Secretary or may

3 remand the matter to the Board for its reconsideration of the

4 matter based on the pleadings and evidence presented to the

5 Board. If the Secretary disagrees in any regard with the

6 report of the Board or the hearing officer, the Secretary may

7 issue an order in contravention of the Board or the hearing

8 officer. If the person orders a transcript of the record as

9 provided in this Act, the time elapsing thereafter and before

10 the transcript is ready for delivery to the person shall not be

11 counted as part of the 20 days. If the Secretary is not

12 satisfied that substantial justice has been done, the

13 Secretary may order a rehearing by the Board or other special

14 committee appointed by the Secretary, may remand the matter to

15 the Board for its reconsideration of the matter based on the

16 pleadings and evidence presented to the Board, or may enter a

17 final order in contravention of the Board's recommendation.

18 Notwithstanding a person's failure to file a motion for

19 rehearing, the Secretary shall have the right to take any of

20 the actions specified in this subsection (d). Upon the

21 suspension or revocation of a license, the licensee shall be

22 required to surrender the respective license to the

23 Department, and upon failure or refusal to do so, the

24 Department shall have the right to seize the license.

25  (e) The Department has the power to issue subpoenas and

26 subpoenas duces tecum to bring before it any person in this
    SB3897 Enrolled            - 179 - LRB104 18005 AAS 31442 b

1 State, to take testimony, or to require production of any

2 records relevant to an inquiry or hearing by the Board in the

3 same manner as prescribed by law in judicial proceedings in

4 the courts of this State. In a case of refusal of a witness to

5 attend, testify, or to produce books or papers concerning a

6 matter upon which the witness might be lawfully examined, the

7 circuit court of the county where the hearing is held, upon

8 application of the Department or any party to the proceeding,

9 may compel obedience by proceedings as for contempt.

10  (f) Any license that is revoked may not be restored for a

11 minimum period of 3 years.

12  (g) In addition to the provisions of this Section

13 concerning the conduct of hearings and the recommendations for

14 discipline, the Department has the authority to negotiate

15 disciplinary and non-disciplinary settlement agreements

16 concerning any license issued under this Act. All such

17 agreements shall be recorded as Consent Orders or Consent to

18 Administrative Supervision Orders.

19  (h) (Blank). The Secretary shall have the authority to

20 appoint an attorney duly licensed to practice law in the State

21 of Illinois to serve as the hearing officer in any action to

22 suspend, revoke, or otherwise discipline any license issued by

23 the Department. The Hearing Officer shall have full authority

24 to conduct the hearing.

25  (i) The Department, at its expense, shall preserve a

26 record of all formal hearings of any contested case involving
    SB3897 Enrolled           - 180 - LRB104 18005 AAS 31442 b

1 the discipline of a license. At all hearings or pre-hearing
2 conferences, the Department and the licensee shall be entitled
3 to have the proceedings transcribed by a certified shorthand
4 reporter. A copy of the transcribed proceedings shall be made
5 available to the licensee by the certified shorthand reporter
6 upon payment of the prevailing contract copy rate.
7 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22;
8 103-236, eff. 1-1-24; revised 6-24-25.)

9   (225 ILCS 458/25-10)

10  (Section scheduled to be repealed on January 1, 2027)

11  Sec. 25-10. Real Estate Appraisal Administration and

12 Disciplinary Board; appointment.

13  (a) There is hereby created the Real Estate Appraisal

14 Administration and Disciplinary Board. The Board shall be

15 composed of the Coordinator and 10 persons appointed by the

16 Governor. Members shall be appointed to the Board subject to

17 the following conditions:

18  (1) All appointed members shall have been residents

19  and citizens of this State for at least 5 years prior to

20  the date of appointment.

21  (2) The appointed membership of the Board should

22  reasonably reflect the geographic distribution of the

23  population of the State.

24  (3) Four appointed members shall have been actively

25  engaged and currently licensed as State certified general
    SB3897 Enrolled     - 181 - LRB104 18005 AAS 31442 b

1   real estate appraisers for a period of not less than 5

2   years.

3   (4) Three appointed members shall have been actively

4   engaged and currently licensed as State certified

5   residential real estate appraisers for a period of not

6   less than 5 years.

7   (5) One appointed member shall hold a valid license as

8   a real estate broker for at least 3 years prior to the date

9   of the appointment and shall hold either a valid State

10  certified general real estate appraiser license or a valid

11  State certified residential appraiser license issued under

12  this Act or a predecessor Act for a period of at least 5

13  years prior to the appointment.

14  (6) One appointed member shall be a representative of

15  a financial institution, as evidenced by proof of

16  employment with a financial institution.

17  (7) One appointed member shall represent the interests

18  of the general public. This member or the member's spouse

19  shall not be licensed under this Act nor be employed by or

20  have any financial interest in an appraisal business,

21  appraisal management company, real estate brokerage

22  business, or a financial institution.

23  In making appointments as provided in paragraphs (3) and

24 (4) of this subsection, the Governor shall give due

25 consideration to recommendations by members and organizations

26 representing the profession.
    SB3897 Enrolled          - 182 - LRB104 18005 AAS 31442 b

1   In making the appointments as provided in paragraph (5) of

2 this subsection, the Governor shall give due consideration to

3 the recommendations by members and organizations representing

4 the real estate industry.

5   In making the appointment as provided in paragraph (6) of

6 this subsection, the Governor shall give due consideration to

7 the recommendations by members and organizations representing

8 financial institutions.

9   (b) The members' terms shall be for 4 years or until a

10 successor is appointed. No member shall be reappointed to the

11 Board for a term that would cause the member's cumulative

12 service to the Board to exceed 12 years. Appointments to fill

13 vacancies shall be for the unexpired portion of the term.

14  (c) The Governor may terminate the appointment of a member

15 for cause that, in the opinion of the Governor, reasonably

16 justifies the termination. Cause for termination may include,

17 without limitation, misconduct, incapacity, neglect of duty,

18 or missing 4 Board meetings during any one fiscal year.

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

20 quorum. A vacancy in the membership of the Board shall not

21 impair the right of a quorum to exercise all of the rights and

22 perform all of the duties of the Board.

23  (e) The Board shall meet at least monthly and may be

24 convened by the Chairperson, Vice-Chairperson, or 3 members of

25 the Board upon 10 days written notice.

26  (f) The Board shall, annually at the first meeting of the
    SB3897 Enrolled    - 183 - LRB104 18005 AAS 31442 b

1 fiscal year, elect a Chairperson and Vice-Chairperson from its

2 members. The Chairperson shall preside over the meetings and

3 shall coordinate with the Coordinator in developing and

4 distributing an agenda for each meeting. In the absence of the

5 Chairperson, the Vice-Chairperson shall preside over the

6 meeting.

7   (g) The Coordinator shall serve as a member of the Board

8 without vote.

9   (h) The Board shall advise and make recommendations to the

10 Department on the education and experience qualifications of

11 any applicant for initial licensure as a State certified

12 general real estate appraiser or a State certified residential

13 real estate appraiser. The Department shall not make any

14 decisions concerning education or experience qualifications of

15 an applicant for initial licensure as a State certified

16 general real estate appraiser or a State certified residential

17 real estate appraiser without having first received the advice

18 and recommendation of the Board and shall give due

19 consideration to all such advice and recommendations; however,

20 if the Board does not render advice or make a recommendation

21 within a reasonable amount of time, then the Department may

22 render a decision.

23  (i) Except as provided in Section 15-17 of this Act, the

24 Board shall hear and make recommendations to the Secretary on

25 disciplinary matters that require a formal evidentiary

26 hearing. The Secretary shall give due consideration to the
    SB3897 Enrolled  - 184 - LRB104 18005 AAS 31442 b

1 recommendations of the Board involving discipline and

2 questions involving standards of professional conduct of

3 licensees.

4   (j) The Department shall seek and the Board shall provide

5 recommendations to the Department consistent with the

6 provisions of this Act and for the administration and

7 enforcement of all rules adopted pursuant to this Act. The

8 Department shall give due consideration to such

9 recommendations prior to adopting rules.

10  (k) The Department shall seek and the Board shall provide

11 recommendations to the Department on the approval of all

12 courses submitted to the Department pursuant to this Act and

13 the rules adopted pursuant to this Act. The Department shall

14 not approve any courses without having first received the

15 recommendation of the Board and shall give due consideration

16 to such recommendations prior to approving and licensing

17 courses; however, if the Board does not make a recommendation

18 within a reasonable amount of time, then the Department may

19 approve courses.

20  (l) Each voting member of the Board may receive a per diem

21 stipend in an amount to be determined by the Secretary. While

22 engaged in the performance of duties, each member shall be

23 reimbursed for necessary expenses.

24  (m) Members of the Board shall be immune from suit in an

25 action based upon any disciplinary proceedings or other acts

26 performed in good faith as members of the Board.
    SB3897 Enrolled       - 185 - LRB104 18005 AAS 31442 b

1   (n) If the Department disagrees with any advice or

2 recommendation provided by the Board under this Section to the

3 Secretary or the Department, then notice of such disagreement

4 must be provided to the Board by the Department.

5   (o) (Blank).

6 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22;

7 103-236, eff. 1-1-24.)

8   Section 50. The Appraisal Management Company Registration

9 Act is amended by changing Sections 10, 15, 20, 43, 45, 60, 65,

10 75, 105, 110, 125, 165 as follows:

11  (225 ILCS 459/10)

12  Sec. 10. Definitions. In this Act:

13  "Address of record" means the principal address recorded

14 by the Department in the applicant's or registrant's

15 application file or registration file maintained by the

16 Department's registration maintenance unit.

17  "Applicant" means a person or entity who applies to the

18 Department for a registration under this Act.

19  "Appraisal" means (noun) the act or process of developing

20 an opinion of value; an opinion of value (adjective) of or

21 pertaining to appraising and related functions.

22  "Appraisal firm" means an appraisal entity that is 100%

23 owned and controlled by a person or persons licensed in

24 Illinois as a certified general real estate appraiser or a
    SB3897 Enrolled  - 186 - LRB104 18005 AAS 31442 b

1 certified residential real estate appraiser. An appraisal firm

2 does not include an appraisal management company.

3   "Appraisal management company" means any corporation,

4 limited liability company, partnership, sole proprietorship,

5 subsidiary, unit, or other business entity that directly or

6 indirectly: (1) provides appraisal management services to

7 creditors or secondary mortgage market participants, including

8 affiliates; (2) provides appraisal management services in

9 connection with valuing the consumer's principal dwelling as

10 security for a consumer credit transaction (including consumer

11 credit transactions incorporated into securitizations); and

12 (3) any appraisal management company that, within a given

13 12-month period, oversees an appraiser panel of 16 or more

14 State-certified appraisers in Illinois or 25 or more

15 State-certified or State-licensed appraisers in 2 or more

16 jurisdictions. "Appraisal management company" includes a

17 hybrid entity.

18  "Appraisal management company national registry fee" means

19 the fee implemented pursuant to Title XI of the federal

20 Financial Institutions Reform, Recovery, and Enforcement Act

21 of 1989 for an appraiser management company's national

22 registry.

23  "Appraisal management services" means one or more of the

24 following:

25  (1) recruiting, selecting, and retaining appraisers;

26  (2) contracting with State-certified or State-licensed
    SB3897 Enrolled        - 187 - LRB104 18005 AAS 31442 b

1   appraisers to perform appraisal assignments;

2   (3) managing the process of having an appraisal

3   performed, including providing administrative services

4   such as receiving appraisal orders and appraisal reports;

5   submitting completed appraisal reports to creditors and

6   secondary market participants; collecting compensation

7   from creditors, underwriters, or secondary market

8   participants for services provided; and or paying

9   appraisers for services performed; and or

10  (4) reviewing and verifying the work of appraisers.

11  "Appraiser panel" means a network, list, or roster of

12 licensed or certified appraisers approved by the appraisal

13 management company or by the end-user client to perform

14 appraisals as independent contractors for the appraisal

15 management company. "Appraiser panel" includes both appraisers

16 accepted by an appraisal management company for consideration

17 for future appraisal assignments and appraisers engaged by an

18 appraisal management company to perform one or more

19 appraisals. For the purposes of determining the size of an

20 appraiser panel, only independent contractors of hybrid

21 entities shall be counted towards the appraiser panel.

22  "Appraiser panel fee" means the amount collected from a

23 registrant that, where applicable, includes an appraisal

24 management company's national registry fee.

25  "Appraisal report" means a written appraisal by an

26 appraiser to a client.
    SB3897 Enrolled          - 188 - LRB104 18005 AAS 31442 b

1   "Appraisal practice service" means valuation services

2 performed by an individual acting as an appraiser, including,

3 but not limited to, appraisal or appraisal review.

4   "Appraisal subcommittee" means the appraisal subcommittee

5 of the Federal Financial Institutions Examination Council as

6 established by Title XI.

7   "Appraiser" means a person who performs real estate or

8 real property appraisals.

9   "Assignment result" means an appraiser's opinions and

10 conclusions developed specific to an assignment.

11  "Audit" includes, but is not limited to, an annual or

12 special audit, visit, or review necessary under this Act or

13 required by the Secretary or the Secretary's authorized

14 representative in carrying out the duties and responsibilities

15 under this Act.

16  "Client" means the party or parties who engage an

17 appraiser by employment or contract in a specific appraisal

18 assignment.

19  "Controlling person" means:

20       (1) an owner, officer, or director of an entity

21  seeking to offer appraisal management services;

22       (2) an individual employed, appointed, or authorized

23  by an appraisal management company who has the authority

24  to:

25              (A) enter into a contractual relationship with a

26       client for the performance of an appraisal management
    SB3897 Enrolled          - 189 - LRB104 18005 AAS 31442 b

1   service or appraisal practice service; and

2            (B) enter into an agreement with an appraiser for

3   the performance of a real estate appraisal activity;

4   (3) an individual who possesses, directly or

5   indirectly, the power to direct or cause the direction of

6   the management or policies of an appraisal management

7   company; or

8   (4) an individual who will act as the sole compliance

9   officer with regard to this Act and any rules adopted

10  under this Act.

11  "Covered transaction" means a consumer credit transaction

12 secured by a consumer's principal dwelling.

13  "Department" means the Department of Financial and

14 Professional Regulation.

15  "Email address of record" means the designated email

16 address recorded by the Department in the applicant's

17 application file or the registrant's registration file

18 maintained by the Department's registration maintenance unit.

19  "Entity" means a corporation, a limited liability company,

20 partnership, a sole proprietorship, or other entity providing

21 services or holding itself out to provide services as an

22 appraisal management company or an appraisal management

23 service.

24  "End-user client" means any person who utilizes or engages

25 the services of an appraiser through an appraisal management

26 company.
    SB3897 Enrolled         - 190 - LRB104 18005 AAS 31442 b

1   "Federally regulated appraisal management company" means

2 an appraisal management company that is owned and controlled

3 by an insured depository institution, as defined in 12 U.S.C.

4 1813, or an insured credit union, as defined in 12 U.S.C. 1752,

5 and regulated by the Office of the Comptroller of the

6 Currency, the Federal Reserve Board, the National Credit Union

7 Association, or the Federal Deposit Insurance Corporation.

8   "Financial institution" means any bank, savings bank,

9 savings and loan association, credit union, mortgage broker,

10 mortgage banker, registrant under the Consumer Installment

11 Loan Act or the Sales Finance Agency Act, or a corporate

12 fiduciary, subsidiary, affiliate, parent company, or holding

13 company of any registrant, or any institution involved in real

14 estate financing that is regulated by State or federal law.

15  "Foreign appraisal management company" means any appraisal

16 management company organized under the laws of any other state

17 of the United States, the District of Columbia, or any other

18 jurisdiction of the United States.

19  "Hybrid entity" means an appraisal management company that

20 hires an appraiser as an employee to perform an appraisal and

21 engages an independent contractor to perform an appraisal.

22  "Multi-state licensing system" means a web-based platform

23 that allows an applicant to submit the application or

24 registration renewal to the Department online.

25  "Person"         means  individuals,  entities,            sole

26 proprietorships, corporations, limited liability companies,
    SB3897 Enrolled             - 191 - LRB104 18005 AAS 31442 b

1 and alien, foreign, or domestic partnerships, except that when

2 the context otherwise requires, the term may refer to a single

3 individual or other described entity.

4   "Principal dwelling" means a residential structure that

5 contains one to 4 units, whether or not that structure is

6 attached to real property. "Principal dwelling" includes an

7 individual condominium unit, cooperative unit, manufactured

8 home, mobile home, and trailer, if it is used as a residence.

9   "Principal office" means the actual, physical business

10 address, which shall not be a post office box or a virtual

11 business address, of a registrant, at which (i) the Department

12 may contact the registrant and (ii) records required under

13 this Act are maintained.

14  "Qualified to transact business in this State" means being

15 in compliance with the requirements of the Business

16 Corporation Act of 1983.

17  "Quality control review" means a review of an appraisal

18 report for compliance and completeness, including grammatical,

19 typographical, or other similar errors, unrelated to

20 developing an opinion of value.

21  "Real estate" means an identified parcel or tract of land,

22 including any improvements.

23  "Real estate related financial transaction" means any

24 transaction involving:

25  (1) the sale, lease, purchase, investment in, or

26  exchange of real property, including interests in property
    SB3897 Enrolled          - 192 - LRB104 18005 AAS 31442 b

1   or the financing thereof;

2   (2) the refinancing of real property or interests in

3   real property; and

4   (3) the use of real property or interest in property

5   as security for a loan or investment, including mortgage

6   backed securities.

7   "Real property" means the interests, benefits, and rights

8 inherent in the ownership of real estate.

9   "Secretary" means the Secretary of Financial and

10 Professional Regulation.

11  "USPAP" means the Uniform Standards of Professional

12 Appraisal Practice as adopted by the Appraisal Standards Board

13 under Title XI.

14  "Valuation" means any estimate of the value of real

15 property in connection with a creditor's decision to provide

16 credit, including those values developed under a policy of a

17 government sponsored enterprise or by an automated valuation

18 model or other methodology or mechanism.

19  "Written notice" means a communication transmitted by mail

20 or by electronic means that can be verified between an

21 appraisal management company and a licensed or certified real

22 estate appraiser.

23 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)

24  (225 ILCS 459/15)

25  Sec. 15. Exemptions.
    SB3897 Enrolled          - 193 - LRB104 18005 AAS 31442 b

1   (a) Nothing in this Act shall apply to any of the

2 following:

3   (1) an agency of the federal, State, county, or

4   municipal government or an officer or employee of a

5   governmental government agency, or person, described in

6   this Section when acting within the scope of employment of

7   the officer or employee;

8   (2) a corporate relocation company when the appraisal

9   is not used for mortgage purposes and the end user client

10  is an employer company;

11  (3) any person licensed in this State under any other

12  Act while engaged in the activities or practice for which

13  the person he or she is licensed;

14  (4) any person licensed to practice law in this State

15  who is working with or on behalf of a client of that person

16  in connection with one or more appraisals for that client;

17  (5) an appraiser that enters into an agreement,

18  whether written or otherwise, with another appraiser for

19  the performance of an appraisal, and upon the completion

20  of the appraisal, the report of the appraiser performing

21  the appraisal is signed by both the appraiser who

22  completed the appraisal and the appraiser who requested

23  the completion of the appraisal, except that an appraisal

24  management company may not avoid the requirement of

25  registration under this Act by requiring an employee of

26  the appraisal management company who is an appraiser to
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1   sign an appraisal that was completed by another appraiser

2   who is part of the appraisal panel of the appraisal

3   management company;

4   (6) any person acting as an agent of the Illinois

5   Department of Transportation in the acquisition or

6   relinquishment of land for transportation issues to the

7   extent of their contract scope;

8   (7) a design professional entity when the appraisal is

9   not used for mortgage purposes and the end user client is

10  an agency of State government or a unit of local

11  government;

12  (8) an appraiser firm whose ownership is appropriately

13  certified under the Real Estate Appraiser Licensing Act of

14  2002;

15  (9) an appraisal management company solely engaged in

16  non-residential appraisal management services; or

17  (10) a department or division of an entity that

18  provides appraisal management services only to that

19  entity.

20  (b) A federally regulated appraisal management company

21 shall register with the Department for the sole purpose of

22 collecting required information for, and to pay all fees

23 associated with, the State of Illinois' obligation to register

24 the federally regulated appraisal management company with the

25 Appraisal Management Companies National Registry, but the

26 federally regulated appraisal management company is otherwise
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1 exempt from all other provisions in this Act.

2   (c) In the event that the Final Interim Rule of the federal

3 Dodd-Frank Wall Street Reform and Consumer Protection Act

4 provides that an appraisal management company is a subsidiary

5 owned and controlled by a financial institution regulated by a

6 federal financial institution's regulatory agency and is

7 exempt from State appraisal management company registration

8 requirements, the Department, shall, by rule, provide for the

9 implementation of such an exemption.

10 (Source: P.A. 102-20, eff. 1-1-22.)

11  (225 ILCS 459/20)

12  Sec. 20. Restrictions and limitations. Beginning January

13 1, 2012, it is unlawful for a person or entity to act or assume

14 to act as an appraisal management company as defined in this

15 Act, to engage in the business of appraisal management

16 service, or to advertise or hold oneself himself or herself

17 out to be a registered appraisal management company without

18 first obtaining a registration issued by the Department under

19 this Act. A person or entity that violates this Section is

20 guilty of a Class A misdemeanor for the first offense and a

21 Class 4 felony for second and subsequent offenses.

22 (Source: P.A. 100-604, eff. 7-13-18.)

23  (225 ILCS 459/43)

24  Sec. 43. Application denial. If an application is denied,
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 1 the applicant may, within 20 days after the date of the notice
 2 of denial, make a written request to the Secretary for a
 3 hearing on the application, and the Secretary shall set a time
 4 and place for the hearing. The hearing shall be set for a date
 5 after the receipt by the Secretary of the request for hearing,
 6 and notice of the time and place of the hearing shall be
 7 communicated to the applicant at least 10 days before the date
 8 of the hearing. The applicant shall pay the actual cost of
 9 making the transcript of the hearing before the Secretary
10 issues a his or her decision following the hearing. If,
11 following the hearing, the application is denied, the
12 Secretary shall prepare and keep on file in his or her office a
13 written order of denial thereof that shall contain the his or
14 her findings and the reasons supporting the denial and shall
15 communicate a copy to the applicant in a manner prescribed by
16 the Department. A decision may be reviewed as provided in
17 Section 135.
18 (Source: P.A. 100-604, eff. 7-13-18.)

19  (225 ILCS 459/45)

20  Sec. 45. Expiration and renewal of registration. The

21 expiration date and renewal period for each registration shall

22 be set by rule. A registrant whose registration has expired

23 may reinstate the his or her registration at any time within 5

24 years after the expiration thereof, by making a renewal

25 application and by paying the required fee.
   SB3897 Enrolled    - 197 - LRB104 18005 AAS 31442 b

1  Any registrant whose registration has expired for more

2 than 5 years may have it restored by making an application to

3 the Department, paying the required fee, and filing acceptable

4 proof of fitness to have the registration restored as set by

5 rule.

6 (Source: P.A. 97-602, eff. 8-26-11.)

7  (225 ILCS 459/60)

8  Sec. 60. Returned checks; fines. Any person who delivers

9 a check or other payment to the Department that is returned to

10 the Department unpaid by the financial institution upon which

11 it is drawn shall pay to the Department, in addition to the

12 amount already owed to the Department, a fine of $50. The fines

13 imposed by this Section are in addition to any other

14 discipline provided under this Act for unregistered practice

15 or practice on a nonrenewed registration. The Department shall

16 notify the person that payment of fees and fines shall be paid

17 to the Department by certified check or money order within 30

18 calendar days of the notification. If, after the expiration of

19 30 days after the date of the notification, the person has

20 failed to submit the necessary remittance, the Department

21 shall automatically terminate the registration or deny the

22 application, without hearing. If, after termination or denial,

23 the person seeks a registration, the person he or she shall

24 apply to the Department for restoration or issuance of the

25 registration and pay all fees and fines due to the Department.
    SB3897 Enrolled    - 198 - LRB104 18005 AAS 31442 b

1 The Department may establish a fee for the processing of an
2 application for restoration of a registration to pay all
3 expenses of processing this application. The Secretary may
4 waive the fines due under this Section in individual cases
5 where the Secretary finds that the fines would be unreasonable
6 or unnecessarily burdensome.
7 (Source: P.A. 97-602, eff. 8-26-11.)

8   (225 ILCS 459/65)

9   Sec. 65. Disciplinary actions.

10  (a) The Department may refuse to issue or renew, or may

11 revoke, suspend, place on probation, reprimand, or take other

12 disciplinary or non-disciplinary action as the Department may

13 deem appropriate, including imposing fines not to exceed

14 $25,000 for each violation upon any registrant or applicant

15 under this Act or entity who holds oneself or itself out as an

16 applicant or registrant, for any one or combination of the

17 following:

18  (1) Material misstatement in furnishing information to

19  the Department.

20  (2) Violations of this Act, or of the rules adopted

21  under this Act.

22  (3) Conviction of, or entry of a plea of guilty or nolo

23  contendere to any crime that is a felony under the laws of

24  the United States or any state or territory thereof or

25  that is a misdemeanor of which an essential element is
    SB3897 Enrolled         - 199 - LRB104 18005 AAS 31442 b

1   dishonesty, or any crime that is directly related to the

2   practice of the profession.

3   (4) Making any misrepresentation for the purpose of

4   obtaining registration or violating any provision of this

5   Act or the rules adopted under this Act pertaining to

6   advertising.

7   (5) Professional incompetence.

8   (6) Gross malpractice.

9   (7) Aiding or assisting another person in violating

10  any provision of this Act, the Illinois Real Estate

11  Appraiser Licensing Act of 2002, or the or rules adopted

12  under either this Act.

13  (8) Failing, within 30 days after requested, to

14  provide information in response to a written request made

15  by the Department.

16  (9) Engaging in dishonorable, unethical, or

17  unprofessional conduct of a character likely to deceive,

18  defraud, or harm the public.

19  (10) Discipline by another state, the District of

20  Columbia, a territory, or a foreign nation, if at least

21  one of the grounds for the discipline is the same or

22  substantially equivalent to those set forth in this

23  Section.

24  (11) A finding by the Department that the registrant,

25  after having the registrant's registration placed on

26  probationary status, has violated the terms of probation.
    SB3897 Enrolled           - 200 - LRB104 18005 AAS 31442 b

1   (12) Willfully making or filing false records or

2   reports in the registrant's practice, including, but not

3   limited to, false records filed with State agencies or

4   departments.

5   (13) Filing false statements for collection of fees

6   for which services are not rendered.

7   (14) Practicing under a false or, except as provided

8   by law, an assumed name.

9   (15) Fraud or misrepresentation in applying for, or

10  procuring, a registration under this Act or in connection

11  with applying for renewal of a registration under this

12  Act.

13  (16) Being adjudicated liable in a civil proceeding

14  for violation of a state or federal fair housing law.

15  (17) (Blank). Failure to obtain or maintain the bond

16  required under Section 50 of this Act.

17  (18) Failure to pay appraiser panel fees or appraisal

18  management company national registry fees.

19  (19) Violating the terms of any order issued by the

20  Department.

21  (b) The Department may refuse to issue or may suspend

22 without hearing as provided for in the Department of

23 Professional Regulation Law of the Civil Administrative Code

24 of Illinois the registration of any person who fails to file a

25 return, or to pay the tax, penalty, or interest shown in a

26 filed return, or to pay any final assessment of the tax,
    SB3897 Enrolled    - 201 - LRB104 18005 AAS 31442 b

1 penalty, or interest as required by any tax Act administered

2 by the Illinois Department of Revenue, until such time as the

3 requirements of any such tax Act are satisfied.

4   (b-5) The Department may refuse to issue or renew or may

5 suspend without hearing as provided for in the Department of

6 Professional Regulation Law of the Civil Administrative Code

7 of Illinois the registration of any person who fails to pay or

8 secure workers' compensation obligations as determined by and

9 based solely upon the certification of the Department of

10 Insurance or the Illinois Workers' Compensation Commission.

11  (c) An appraisal management company shall not be

12 registered or included on the national registry if the

13 company, in whole or in part, directly or indirectly, is owned

14 by a person who has had an appraiser license or certificate

15 refused, denied, canceled, surrendered in lieu of revocation,

16 or revoked under the Real Estate Appraiser Licensing Act of

17 2002 or the rules adopted under that Act, or similar

18 discipline by another state, the District of Columbia, a

19 territory, a foreign nation, a governmental agency, or an

20 entity authorized to impose discipline if at least one of the

21 grounds for that discipline is the same as or the equivalent of

22 one of the grounds for which a licensee may be disciplined as

23 set forth under this Section.

24 (Source: P.A. 103-236, eff. 1-1-24; revised 6-24-25.)

25  (225 ILCS 459/75)
   SB3897 Enrolled  - 202 - LRB104 18005 AAS 31442 b

1  Sec. 75. Investigations; notice and hearing. The

2 Department may investigate the actions of any person who is an

3 applicant or of any person or persons rendering or offering to

4 render any services requiring registration under this Act or

5 any person holding or claiming to hold a registration as an

6 appraisal management company. The Department shall, before

7 revoking, suspending, placing on probation, reprimanding, or

8 taking any other disciplinary or non-disciplinary action under

9 Section 65 or Section 165 of this Act, at least 30 days before

10 the date set for the hearing, (i) notify the person charged in

11 writing of the charges made and the time and place for the

12 hearing on the charges, (ii) direct the person to file a

13 written answer to the charges with the Department under oath

14 within 20 days after service of the notice, and (iii) inform

15 the person that, if the person fails to answer, default will be

16 entered or that the person's registration may be suspended,

17 revoked, placed on probationary status, or other disciplinary

18 action taken with regard to the registration, including

19 limiting the scope, nature, or extent of the person's

20 practice, as the Department may consider proper. At the time

21 and place fixed in the notice, the Department shall proceed to

22 hear the charges and the parties or their counsel shall be

23 accorded ample opportunity to present any pertinent

24 statements, testimony, evidence, and arguments. The Department

25 may continue the hearing from time to time. In case the person,

26 after receiving the notice, fails to file an answer, the
    SB3897 Enrolled     - 203 - LRB104 18005 AAS 31442 b

 1 person's registration may, in the discretion of the
 2 Department, be suspended, revoked, placed on probationary
 3 status, or the Department may take whatever disciplinary
 4 action considered proper, including limiting the scope,
 5 nature, or extent of the person's practice or the imposition
 6 of a fine, without a hearing, if the act or acts charged
 7 constitute sufficient grounds for that action under this Act.
 8 The written notice may be served by certified mail or
 9 electronic mail to the last address of record or email address
10 of record as provided to the Department or, if in the course of
11 the administrative proceeding the party has previously
12 designated a specific email address at which to accept
13 electronic service for that specific proceeding, by sending a
14 copy by email to the party's email address on record.
15 (Source: P.A. 103-236, eff. 1-1-24.)

16  (225 ILCS 459/105)

17  Sec. 105. Secretary; rehearing. Whenever the Secretary

18 believes that substantial justice has not been done in the

19 revocation, suspension, or refusal to issue, restore, or renew

20 a registration, or other discipline of an applicant or

21 registrant, the Secretary he or she may order a rehearing by

22 the same or other hearing officers.

23 (Source: P.A. 97-602, eff. 8-26-11.)

24  (225 ILCS 459/110)
    SB3897 Enrolled     - 204 - LRB104 18005 AAS 31442 b

1   Sec. 110. Appointment of a hearing officer. The Secretary

2 has the authority to appoint any attorney licensed to practice

3 law in the State to serve as the hearing officer in any action

4 for refusal to issue, restore, or renew a registration or to

5 discipline a registrant. The hearing officer has full

6 authority to conduct the hearing. The hearing officer shall

7 report the his or her findings of fact, conclusions of law, and

8 recommendations to the Secretary. If the Secretary disagrees

9 with the recommendation of the hearing officer, the Secretary

10 may issue an order in contravention of the recommendation.

11 (Source: P.A. 97-602, eff. 8-26-11.)

12  (225 ILCS 459/125)

13  Sec. 125. Surrender of registration. Upon the revocation

14 or suspension of a registration, the registrant shall

15 immediately surrender the his or her registration to the

16 Department. If the registrant fails to do so, the Department

17 has the right to seize the registration.

18 (Source: P.A. 97-602, eff. 8-26-11.)

19  (225 ILCS 459/165)

20  Sec. 165. Prohibited activities.

21  (a) No person or entity acting in the capacity of an

22 appraisal management company shall improperly influence or

23 attempt to improperly influence the development, reporting,

24 result, or review of any appraisal by engaging, without
    SB3897 Enrolled  - 205 - LRB104 18005 AAS 31442 b

1 limitation, in any of the following:

2   (1) Withholding or threatening to withhold timely

3   payment for a completed appraisal, except where addressed

4   in a mutually agreed upon contract.

5   (2) Withholding or threatening to withhold, either

6   expressed or by implication, future business from, or

7   demoting, or terminating, or threatening to demote or

8   terminate an Illinois licensed or certified appraiser.

9   (3) Expressly or impliedly promising future business,

10  promotions, or increased compensation for an independent

11  appraiser.

12  (4) Conditioning an assignment for an appraisal

13  service or the payment of an appraisal fee or salary or

14  bonus on the opinion, conclusion, or valuation to be

15  reached in an appraisal report.

16  (5) Requesting that an appraiser provide an estimated,

17  predetermined, or desired valuation in an appraisal report

18  or provide estimated values or sales at any time prior to

19  the appraiser's completion of an appraisal report.

20  (6) Allowing or directing the removal of an appraiser

21  from an appraisal panel without prior written notice to

22  the appraiser.

23  (7) Requiring an appraiser to sign a non-compete

24  clause when not an employee of the entity.

25  (8) Requiring an appraiser to sign any sort of

26  indemnification agreement that would require the appraiser
    SB3897 Enrolled        - 206 - LRB104 18005 AAS 31442 b

1   to defend and hold harmless the appraisal management

2   company or any of its agents, employees, or independent

3   contractors for any liability, damage, losses, or claims

4   arising out of the services performed by the appraisal

5   management company or its agents, employees, or

6   independent contractors and not the services performed by

7   the appraiser.

8   (9) Prohibiting or attempting to prohibit the

9   appraiser from including or referencing the appraisal fee,

10  the appraisal management company name or identity, or the

11  client's or lender's name or identity within the body of

12  the appraisal report.

13  (10) Requiring Require an appraiser to collect a fee

14  from the borrower or occupant of the property to be

15  appraised.

16  (11) Knowingly withholding any end-user client

17  guidelines, policies, requirements, standards, assignment

18  conditions, and special instructions from an appraiser

19  prior to the acceptance of an appraisal assignment.

20  (b) A person or entity may not structure an appraisal

21 assignment or a contract with an independent appraiser for the

22 purpose of evading the provisions of this Act.

23  (c) No registrant or other person or entity may alter,

24 modify, or otherwise change a completed appraisal report

25 submitted by an independent appraiser, including without

26 limitation, by doing either of the following:
    SB3897 Enrolled         - 207 - LRB104 18005 AAS 31442 b

1   (1) permanently or temporarily removing the

2   appraiser's signature or seal; or

3   (2) adding information to, or removing information

4   from, the appraisal report with an intent to change the

5   value conclusion or the condition of the property.

6   (d) No appraisal management company may require an

7 appraiser to provide it with the appraiser's digital signature

8 or seal. However, nothing in this Act shall be deemed to

9 prohibit an appraiser from voluntarily providing the

10 appraiser's his or her digital signature or seal to another

11 person on an assignment-by-assignment basis, in accordance

12 with USPAP.

13  (e) Nothing in this Act shall prohibit an appraisal

14 management company from requesting that an appraiser:

15  (1) consider additional appropriate property

16  information, including the consideration of additional

17  comparable properties to make or support an appraisal;

18  (2) provide further detail, substantiation, or

19  explanation for the appraiser's value conclusion; or

20  (3) correct factual errors in the appraisal report.

21 (Source: P.A. 97-602, eff. 8-26-11.)

22  (225 ILCS 459/50 rep.)

23  Section 55. The Appraisal Management Company Registration

24 Act is amended by repealing Section 50.

25  Section 99. Effective date. This Act takes effect upon
         SB3897 Enrolled  - 208 - LRB104 18005 AAS 31442 b
1 becoming law.
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