(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may suspend, revoke, refuse to issue, renew, or restore a license and may reprimand place on probation or administrative supervision, or take any disciplinary or non-disciplinary action, including imposing conditions limiting the scope, nature, or extent of the real estate appraisal practice of a licensee or reducing the appraisal rank of a licensee, and may impose an administrative fine not to exceed $25,000 for each violation upon a licensee for any one or combination of the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(2) Failing to meet the minimum qualifications for
licensure as an appraiser established by this Act.
(3) Paying money, other than for the fees provided
for by this Act, or anything of value to a member or employee of the Board or the Department to procure licensure under this Act.
(4) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony; or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.
(6) Violating a provision or standard for the
development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.
(7) Failing or refusing without good cause to
exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.
(8) Violating a provision of this Act or the rules
adopted pursuant to this Act.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(11) Accepting an appraisal assignment when the
employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.
(12) Developing valuation conclusions based on the
race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, or unfavorable military discharge, as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under appraisal.
(13) Violating the confidential nature of government
records to which the licensee gained access through employment or engagement as an appraiser by a government agency.
(14) Being adjudicated liable in a civil proceeding
on grounds of fraud, misrepresentation, or deceit. In a disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.
(15) Being adjudicated liable in a civil proceeding
for violation of a state or federal fair housing law.
(16) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a real estate appraisal or real estate organization of which the licensee is not a member.
(17) Failing to fully cooperate with a Department
investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
(18) Failing to include within the certificate of
appraisal for all written appraisal reports the appraiser's license number and licensure title. All appraisers providing significant contribution to the development and reporting of an appraisal must be disclosed in the appraisal report. It is a violation of this Act for an appraiser to sign a report, transmittal letter, or appraisal certification knowing that a person providing a significant contribution to the report has not been disclosed in the appraisal report.
(19) Violating the terms of a disciplinary order or
consent to administrative supervision order.
(20) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a licensee's inability to practice with reasonable judgment, skill, or safety.
(21) A physical or mental illness or disability which
results in the inability to practice under this Act with reasonable judgment, skill, or safety.
(22) Gross negligence in developing an appraisal or
in communicating an appraisal or failing to observe one or more of the Uniform Standards of Professional Appraisal Practice.
(23) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
(24) Using or attempting to use the seal,
certificate, or license of another as his or her own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.
(25) Solicitation of professional services by using
false, misleading, or deceptive advertising.
(26) Making a material misstatement in furnishing
information to the Department.
(27) Failure to furnish information to the
Department upon written request.
(b) The Department may reprimand suspend, revoke, or refuse to issue or renew an education provider's license, may reprimand, place on probation, or otherwise discipline an education provider and may suspend or revoke the course approval of any course offered by an education provider and may impose an administrative fine not to exceed $25,000 upon an education provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements
for course approval as the provider of a qualifying curriculum course or a continuing education course.
(7) Failing to administer an approved course using
the course materials, syllabus, and examinations submitted as the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as may be required by rule.
(11) Failing to fully cooperate with an investigation
by the Department by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
(c) In appropriate cases, the Department may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order. A licensee subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.
(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12; 98-1109, eff. 1-1-15.)
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Last modified: February 18, 2015