2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 454/ - Real Estate License Act of 2000. › Article 25 - Administration Of Licenses

(225 ILCS 454/Art. 25 heading)
ARTICLE 25.  
		ADMINISTRATION OF LICENSES
(225 ILCS 454/25-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-5. The Department; powers and duties. The Department shall exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois
for the administration of licensing acts and shall exercise such other powers
and duties as are
prescribed by this Act. The Department may contract with third parties for services or the development of courses
necessary for the proper
administration of this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/25-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-10. Real Estate Administration and Disciplinary
Board;
duties.
There is created the Real Estate Administration and Disciplinary Board.
The Board shall be composed of 15 persons appointed by the Governor. Members
shall be
appointed to the Board subject to the following conditions:
(1) All members shall have been residents and     citizens of this State for at least 6 years prior to the date of appointment.
(2) Twelve members shall have been actively engaged     as managing brokers or brokers or both for at least the 10 years prior to the appointment, 2 of whom must possess an active pre-license instructor license.
(3) Three members of the Board shall be public     members who represent consumer interests.
None of these members shall be (i) a person who is licensed under this
Act or a similar Act of another jurisdiction, (ii) the spouse or immediate family member of a licensee, or (iii) a person who has an ownership interest in a
real estate brokerage
business.
The members' terms shall be for 4 years and until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years.
Appointments to fill vacancies shall be for the unexpired portion of the term. Those members of the Board that satisfy the requirements of paragraph (2) shall be chosen in a manner such that no area of the State shall be unreasonably represented.
  In making the appointments, the Governor shall give
due consideration
to the recommendations by members and organizations of the profession.
The Governor may terminate the appointment of any member for cause that in the
opinion of the
Governor reasonably justifies the termination. Cause for termination shall
include without limitation
misconduct, incapacity, neglect of duty, or missing 4 board meetings during any
one fiscal
 year.
Each member of the Board may receive a per diem stipend in an amount to be
determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary expenses.  Such compensation and expenses shall be paid
out of the Real Estate
License Administration Fund.
The Secretary shall consider the recommendations of the Board on questions
involving
standards of professional conduct, discipline, education, and policies and procedures
under this Act. With regard to this subject matter, the Secretary may establish temporary or permanent committees of the Board and may consider the recommendations of the Board on matters that include, but are not limited to, criteria for the licensing and renewal of education providers, pre-license and continuing education instructors, pre-license and continuing education curricula, standards of educational criteria, and qualifications for licensure and renewal of professions, courses, and instructors. The Department, after notifying and considering the recommendations of the Board, if any,
may issue rules,
consistent with the provisions of this Act, for the administration and
enforcement thereof and may
prescribe forms that shall be used in connection therewith. Eight Board members shall constitute a quorum. A quorum is required for all Board decisions. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.
The Board shall elect annually, at its first meeting of the fiscal year, a vice chairperson who shall preside, with voting privileges, at meetings when the chairperson is not present. Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 454/25-13)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-13. Rules. The Department, after notifying and considering the recommendations of the Board, if any,
shall adopt,
promulgate, and issue any rules that may be necessary for the implementation
and enforcement of
this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/25-14)
Sec. 25-14. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/25-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-15. Real Estate Coordinator; duties. There shall be in the Department a Real Estate Coordinator,
appointed by the Secretary, who shall hold
a currently valid broker's license, which shall be transferred to inactive status during
the appointment.
The Real Estate Coordinator shall have the
following duties and responsibilities:
(1) act as Chairperson of the Board, ex officio,     without vote;
(2) be the direct liaison between the Department, the     profession, and real estate organizations and associations;
(3) prepare and circulate to licensees any     educational and informational material that the Department  deems necessary for providing guidance or assistance to licensees;
(4) appoint any necessary committees to assist in the     performance of the functions and duties of the Department under this Act; and
(5) subject to the administrative approval of the     Secretary, supervise all real estate activities.
In designating the Real Estate Coordinator, the
Secretary shall give due
consideration to
recommendations by members and organizations of the profession.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/25-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-20. Staff. The Department shall employ a minimum of one investigator per 10,000 licensees and one prosecutor per 20,000 licensees in order to have sufficient staff to perform the Department's obligations under the Act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/25-21)
Sec. 25-21. (Repealed).
(Source: P.A. 101-357, eff. 8-9-19. Repealed by P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/25-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-25. Real Estate Research and Education Fund. A special fund to be known as the Real Estate Research and Education Fund is created and shall be held in trust in the State treasury. Annually, on September 15th, the State Treasurer shall cause a transfer of $125,000 to the Real Estate Research and Education Fund from the Real Estate License Administration Fund. The Real Estate Research and Education Fund shall be administered by the Department. Money deposited in the Real Estate Research and Education Fund may be used for research and for education at state institutions of higher education or other organizations for research and for education to further the advancement of education in the real estate industry or can be used by the Department for expenses related to the education of licensees. Of the $125,000 annually transferred into the Real Estate Research and Education Fund, $15,000 shall be used to fund a scholarship program for persons of minority racial origin who wish to pursue a course of study in the field of real estate. For the purposes of this Section, "course of study" means a course or courses that are part of a program of courses in the field of real estate designed to further an individual's knowledge or expertise in the field of real estate. These courses shall include, without limitation, courses that a broker licensed under this Act must complete to qualify for a managing broker's license, courses required to obtain the Graduate Realtors Institute designation, and any other courses or programs offered by accredited colleges, universities, or other institutions of higher education in Illinois. The scholarship program shall be administered by the Department or its designee. Moneys in the Real Estate Research and Education Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund and all earnings, interest, and dividends received from such investments shall be deposited in the Real Estate Research and Education Fund and may be used for the same purposes as moneys transferred to the Real Estate Research and Education Fund. Moneys in the Real Estate Research and Education Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/25-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-30. Real Estate License Administration Fund; audit. A special fund to be known as the Real Estate License Administration Fund is
created in the State
Treasury.  All fees received by the Department under this Act shall be deposited in
the Real Estate License Administration Fund.  The
moneys
deposited in the Real Estate License Administration Fund shall be appropriated
to the Department for
expenses of the Department and the Board in the administration of this Act and for the
administration of any
Act administered by the Department providing revenue to this Fund.
Moneys in the Real Estate License Administration Fund may be invested and
reinvested in the
same manner as funds in the Real Estate Recovery Fund.  All earnings received
from such
investment shall be deposited in the Real Estate License Administration Fund
and may be used for
the same purposes as fees deposited in the Real Estate License Administration
Fund.
Moneys in the Real Estate License Administration Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Upon the completion of any audit of the Department, as prescribed by the Illinois State
Auditing Act, which
includes an audit of the Real Estate License Administration Fund, the Department shall
make the audit open
to inspection by any interested person.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/25-35)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-35. Real Estate Recovery Fund. A special fund to be known as the Real Estate Recovery Fund is created in
the
State Treasury. All fines and penalties received by the Department pursuant to Article 20 of this Act
shall be deposited into the State Treasury and held in the Real
Estate Recovery Fund.  The money in the Real Estate Recovery Fund shall be used
by
the Department exclusively for
carrying out the
purposes established by this Act.  If, at any time, the balance remaining in
the Real Estate Recovery Fund is less than
$750,000, the State Treasurer shall cause a transfer of moneys to the Real
Estate Recovery Fund
from the Real Estate License Administration Fund in an amount necessary to
establish a balance of
$800,000 in the Real Estate Recovery Fund.  These funds may be invested and
reinvested in
the same manner
as authorized for pension funds in Article 1 of the Illinois Pension Code.
All
earnings, interest, and
dividends received from investment of funds in the Real Estate Recovery Fund
shall be deposited
into the Real Estate License Administration Fund and shall be used for the same
purposes as other
moneys deposited in the Real Estate License Administration Fund.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/25-37)
Sec. 25-37. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/25-38)
Sec. 25-38. (Repealed).
(Source: P.A. 102-970, eff. 5-27-22. Repealed internally, eff. 10-1-23.)
(225 ILCS 454/25-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-40. Exclusive State powers and functions; municipal powers. It is declared to be the public policy of this State, pursuant to paragraphs
(h) and (i) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any power or function
set forth in this Act to be
exercised by the State is an exclusive State power or function.  Such power or
function shall not be
exercised concurrently, either directly or indirectly, by any unit of local
government, including
home rule units, except as otherwise provided in this Act.
Nothing in this Section shall be construed to affect or impair the validity of
Section 11-11.1-1 of the
Illinois Municipal Code, as amended, or to deny to the corporate authorities of
any municipality the
powers granted in the Illinois Municipal Code to enact ordinances prescribing
fair housing
practices; defining unfair
housing practices; establishing Fair Housing or Human Relations Commissions and
standards for
the operation of these commissions in the administration and enforcement of
such
ordinances;
prohibiting discrimination based on race, color, creed, ancestry, national
origin or physical or
mental disability in the listing, sale, assignment, exchange, transfer, lease,
rental, or financing of real
property for the purpose of the residential occupancy thereof; and prescribing
penalties for
violations of such ordinances.
(Source: P.A. 99-143, eff. 7-27-15.)