(765 ILCS 86/15-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15-5. Disciplinary action; civil penalty.
(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation, with regard to any registration for any one or combination of the following:
(1) Violations of this Act, or of the rules
promulgated under this Act.
(2) (Blank).
(3) A registrant's making any misrepresentation for
the purpose of obtaining an exemption or certificate of registration.
(4) Disciplinary action against a registrant by
another U.S. jurisdiction, state agency, or foreign nation regarding the making of land sales regulated by this Act, if at least one of the grounds for the discipline is the same as or substantially equivalent to one of those set forth in this Act.
(5) A finding by the Department that the registrant,
after having his or her registration placed on probationary status, has violated the terms of probation.
(6) A registrant's practicing or attempting to
practice under a name other than the name as shown on his or her registration or any other legally authorized name.
(7) (Blank).
(8) A registrant's engaging in dishonorable,
unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(9) A registrant's aiding or abetting another person
or persons in disregarding or violating any provision of this Act or of the rules adopted by the Department to enforce this Act.
(10) Any representation in any document or
information filed with the Department which is false or misleading.
(11) A registrant's disseminating or causing to be
disseminated any false or misleading promotional materials or advertisements in connection with a registered subdivision.
(12) A registrant's concealing, diverting, or
disposing of any funds or assets of any person in a manner that impairs the rights of purchasers of lots within a registered subdivision.
(13) A registrant's failure to perform any
stipulation or agreement made to induce the Department to issue an order relating to the registered subdivision.
(14) A registrant's engaging in any act that
constitutes a violation of Section 3-102, 3-103, 3-104, or 3-105 of the Illinois Human Rights Act.
(15) A registrant's failure to provide information
requested in writing by the Department, within 30 days of the request.
(16) A registrant's failure to account for or remit
any escrow funds coming into his or her possession which belonged to others.
(17) A registrant's failure to make available to
Department personnel during normal business hours all escrow records and related documents maintained in connection therewith, within 24 hours of a request from Department personnel.
(18) A registrant's failure to comply with any
provision of this Act or the rules implementing this Act, or any order made by the Department.
(19) A person's offering for sale, as an agent,
salesman, or broker for a subdivider, developer, or owner, subdivided lands or a subdivision, wherever situated, without first complying with this Act.
(20) A registrant's failure to provide to the
purchaser a translation of the Illinois Public Property Report or any contract, lien, or note as required by this Act.
(21) A registrant's advertising for sale in this
State any parcel in a subdivision, or in any other manner assisting an owner, subdivider, or developer of a subdivision who has not complied with this Act to offer subdivided land within this State.
(22) A registrant's making any material change in the
plan of disposition and development of the subdivision or subdivided lands subsequent to receiving a certificate of registration, without obtaining written approval of an amendment to the registration.
(23) A registrant's encumbering a lot or parcel, or
allowing a lot or parcel to be encumbered, after a contract for its sale has been signed by the parties to the contract.
(b) (Blank).
(c) Violation of tax Acts. The Department may refuse to issue or renew or may suspend the registration of any person who fails to file a return, pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(Source: P.A. 96-855, eff. 12-31-09.)
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Last modified: February 18, 2015