225 ILCS 458/15-15
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(Section scheduled to be repealed on January 1, 2027)Sec. 15-15. Investigation; notice; hearing.(a) Upon the motion of the Department   or the Board or  upon a complaint in  writing of a person setting forth facts that, if proven, would constitute  grounds for suspension, revocation,  or other disciplinary action against a licensee or applicant for licensure, the Department   shall investigate the actions of the licensee or applicant. If, upon investigation, the Department believes that there may be cause for suspension, revocation, or other disciplinary action, the Department shall use the services of a State certified general real estate appraiser, a State certified residential real estate appraiser, or the Real Estate Coordinator to assist in determining whether grounds for disciplinary action exist prior to commencing formal disciplinary proceedings.(b) Formal disciplinary proceedings shall commence upon the issuance of a  written complaint  describing the charges that are the basis of the disciplinary action and  delivery of the detailed complaint to the address of  record of the licensee or applicant. For an associate real estate trainee appraiser, a copy shall also be sent to the licensee's supervising appraiser of record. The Department   shall notify the licensee or  applicant  to file a verified written  answer within 20 days after the service of the notice and complaint.  The  notification shall inform the licensee or applicant of the   right to be heard in person or by  legal counsel; that the hearing will be afforded not sooner than 20 days after  service   of the complaint; that failure to file an answer will result in a default being  entered against the licensee or applicant;  that the license may be suspended, revoked, or placed on  probationary status; and that other  disciplinary action may be taken pursuant to this Act, including limiting the  scope, nature, or extent of the licensee's  practice. If the licensee or applicant fails to file an answer after service of  notice, the respective license may,  at the discretion of the Department, be suspended,  revoked, or placed on probationary  status and the Department   may take whatever disciplinary  action it deems proper,  including limiting the scope, nature, or extent of the person's practice,  without a hearing.(c) At the time and place fixed in the notice, the Board shall conduct  hearing of the charges, providing  both the accused person and the complainant ample opportunity to present in  person  or by counsel such statements, testimony, evidence, and argument as may be  pertinent to the charges or  to a defense thereto.(d) The Board shall present to the Secretary   a written report of its  findings of fact and  recommendations.  A copy of the report shall be served upon the licensee or  applicant,  either personally, by   mail, or, at the discretion of the Department, by electronic means. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. Within 20 days after the service, the licensee or applicant may present  the Secretary   with a motion in writing  for a rehearing and shall  specify the particular grounds for the request. If the accused orders a  transcript of the record  as provided in this Act, the time elapsing thereafter and before the transcript  is ready for delivery to the  accused shall not be counted as part of the 20 days.  If the Secretary   is  not satisfied that  substantial justice has been done, the Secretary   may order a rehearing by  the Board or other  special committee appointed by the Secretary, may remand the matter to the  Board for its  reconsideration of the matter based on the pleadings and evidence presented to  the Board, or may enter  a final order in contravention of the Board's recommendation. Notwithstanding a licensee's or applicant's failure to file a motion for rehearing, the Secretary    shall have the right to take any of  the actions specified in this  subsection (d). Upon the suspension or revocation of a license, the licensee  shall  be required to surrender the respective license to the Department, and upon failure or refusal to do so, the Department    shall have  the right to seize the  license.(e) The Department   has the power to issue subpoenas and  subpoenas duces tecum  to bring before it any person in this State, to take testimony, or to require  production of any records  relevant to an inquiry or hearing by the Board in the same manner as prescribed  by law in judicial  proceedings in the courts of this State.  In a case of refusal of a witness to  attend, testify, or to produce  books or papers concerning a matter upon which the witness might be lawfully  examined, the circuit court  of the county where the hearing is held, upon application of the Department   or any  party to the proceeding, may compel obedience by proceedings as for contempt.(f) Any license that is revoked may not be  restored for a minimum period  of 3 years.(g) In addition to the provisions of this Section concerning the conduct of  hearings and the  recommendations for discipline, the Department   has the authority to negotiate  disciplinary and non-disciplinary  settlement agreements concerning any license issued under this Act.  All such  agreements shall be  recorded as Consent Orders or Consent to Administrative Supervision Orders.(h) The Secretary   shall have the authority to appoint an attorney duly  licensed to practice law in the  State of  Illinois to serve as the hearing officer in any action to suspend,  revoke, or otherwise discipline  any license issued by the Department.  The Hearing Officer  shall have full authority  to conduct the hearing.(i) The Department, at its expense, shall preserve a record of all formal hearings of  any contested case involving  the discipline of a license.  At all hearings or pre-hearing conferences, the Department   and the licensee shall be  entitled to have the proceedings transcribed by a certified shorthand reporter.   A copy of the transcribed  proceedings shall be made available to the licensee by the certified shorthand  reporter upon payment of  the prevailing contract copy rate.  (Source: P.A. 102-20, eff. 1-1-22.)