225 ILCS 458/15-5
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002.|Article 15 - Disciplinary Provisions

(Section scheduled to be repealed on January 1, 2027)Sec. 15-5. Unlicensed practice; civil penalty; injunctive relief; unlawful influence.(a) A person who violates Section 5-5 of this Act  shall, in addition to any other penalty provided by law, pay a civil penalty  to the Department   in an amount not  to exceed $25,000   for each violation as determined by the Secretary.  The  civil penalty shall  be assessed by the Secretary   after a hearing in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a license.(b) The Department   has the authority to investigate any activity that may violate  this Act.(c) A civil penalty imposed pursuant to subsection (a) shall be paid within  60 days after the effective date  of the order imposing the  civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.  Any civil penalty collected under this Act shall be made payable to the Department of Financial and Professional Regulation   and  deposited into the Appraisal Administration Fund.  In addition to or in lieu of  the imposition of a civil  penalty, the Department   may report a violation of this Act or the failure or refusal to  comply with an order of the Department   to the Attorney General or to the appropriate State's Attorney.(d) Practicing as an appraiser without holding an active license as required  under this Act  is declared  to be adverse to the public welfare, to constitute a public nuisance, and to  cause irreparable harm to the  public welfare.  The Secretary, the Attorney General, or the State's  Attorney  of any county in the State  may maintain an action for injunctive relief in any circuit court to enjoin any  person from  engaging in such practice.Upon the filing of a verified petition in a circuit court, the court, if  satisfied by affidavit or otherwise that  a person has been engaged in the practice of real estate appraisal without an active license,  may enter a temporary restraining order without notice or bond  enjoining the defendant  from further practice.  The showing of non-licensure, by affidavit or  otherwise, is sufficient  for the issuance of a temporary injunction.  If it is established that the defendant has been or is engaged  in unlawful practice, the court  may enter an order or judgment perpetually enjoining the defendant from further  unlawful practice.  In all  proceedings under this Section, the court, in its discretion, may apportion the  costs among the parties interested  in the action, including the cost of filing the complaint, service of process,  witness fees and expenses, court  reporter charges, and reasonable attorneys' fees.  These injunction proceedings shall be in addition to, and not in lieu of, all  penalties and other remedies  provided in this Act.(e) No person shall influence or attempt to influence through coercion, extortion, or bribery the independent judgment of an appraiser licensed or certified under this Act in the development, reporting, result, or review of a real estate appraisal.    A person who violates this subsection (e) is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for any subsequent offense.  (Source: P.A. 102-20, eff. 1-1-22.)