225 ILCS 458/15-10
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(Section scheduled to be repealed on January 1, 2027)Sec. 15-10. 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 of, or plea of guilty or nolo     contendere, as enumerated in subsection (e) of Section 5-22, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.(5) Committing an act or omission involving     dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as defined by rule.(6) Violating a provision or standard for the     development or communication of real estate appraisals as provided in Section 10-10 of this Act or as defined by rule.(7) Failing or refusing without good cause to     exercise reasonable diligence in developing, reporting, or communicating an appraisal, as defined by this Act or by rule.(8) Violating a provision of this Act or the rules     adopted pursuant to this Act.(9) Having been disciplined by another state, the     District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.(10) Engaging in dishonorable, unethical, or     unprofessional conduct of a character likely to deceive, defraud, or harm the public.(11) Accepting an appraisal assignment when the     employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences resulting from the appraisal assignment.(12) Developing valuation conclusions based on the     race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, sexual orientation, pregnancy, order of protection status, military status, 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 one's own; falsely impersonating any duly licensed appraiser; using or attempting to use an inactive, expired, suspended, or revoked license; or aiding or abetting any of the foregoing.(25)  Solicitation of professional services by using     false, misleading, or deceptive advertising.(26)  Making a material misstatement in furnishing     information to the Department.(27)   Failure to furnish information to the     Department upon written request.(b) The Department   may reprimand suspend, revoke,  or refuse to issue or renew an education provider's  license, may reprimand, place on probation, or otherwise discipline  an education provider  and may suspend or revoke the course approval of any course offered by  an education provider and may impose an administrative fine   not to exceed $25,000 upon  an education provider,  for any of the following:(1) Procuring or attempting to procure licensure by     knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.(2) Failing to comply with the covenants certified to     on the application for licensure as an education provider.(3) Committing an act or omission involving     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 the complaint has been resolved  by a Consent to  Administrative Supervision order.  (Source: P.A. 102-20, eff. 1-1-22.)