2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002. › Article 15 - Disciplinary Provisions

(225 ILCS 458/Art. 15 heading)
ARTICLE 15.  
		DISCIPLINARY PROVISIONS
(Scheduled to be repealed on January 1, 2027)
(225 ILCS 458/15-5)
(Section scheduled to be repealed on January 1, 2027)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.)
(225 ILCS 458/15-10)
(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 or applicant under this Act or any person who holds oneself out as an applicant or 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,  unfavorable military discharge, source of income, or any other protected class 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.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
(225 ILCS 458/15-10.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10.1. Citations.
(a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in this Act or as established by rule. The citation shall be issued to the licensee. For associate real estate trainee appraisers, a copy shall also be sent to the licensee's supervising appraiser of record. The citation shall contain the licensee's name, the licensee's address, the licensee's license number, the number of required hours of continuing education that have not been successfully completed by the licensee within the renewal period, and the penalty imposed, which shall not exceed $2,000.  The issuance of a citation shall not excuse the licensee from completing all continuing education required for that renewal period.
(b) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record. Service of a citation must clearly state that if the cited licensee wishes to dispute the citation, the cited licensee may make a written request, within 30 days after the citation is served, for a hearing before the Department.  If the cited licensee does not request a hearing within 30 days after the citation is served, then the citation shall become a final, non-disciplinary order, and any fine imposed is due and payable within 60 days after that final order.  If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited licensee a hearing conducted in the same manner as a hearing provided for in this Act for any violation of this Act and shall determine whether the cited licensee committed the violation as charged and whether the fine as levied is warranted.  If the violation is found, any fine shall constitute non-public discipline and be due and payable within 30 days after the order of the Secretary, which shall constitute a final order of the Department. No change in license status may be made by the Department until a final order of the Department has been issued.
(c) Payment of a fine that has been assessed pursuant to this Section shall not constitute disciplinary action reportable on the Department's website or elsewhere unless a licensee has previously received 2 or more citations and been assessed 2 or more fines.
(d)  Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/15-11)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-11.  Illegal discrimination. When there has been an adjudication in a civil or criminal proceeding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, upon the recommendation of the Board as to the extent of the suspension or revocation, shall suspend or revoke the license of that licensee in a timely manner, unless the adjudication is in the appeal process. When there has been an order in an administrative proceeding finding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, upon recommendation of the Board as to the nature and extent of the discipline, shall take one or more of the disciplinary actions provided for in Section 15-10 in a timely manner, unless the administrative order is in the appeal process.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/15-15)
(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, the Department shall investigate the actions or qualifications of any person who is a licensee, applicant for licensure, unlicensed person, person rendering or offering to render appraisal services, or holding or claiming to hold a license under this Act. 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 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 person charged. 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 person 
to file a verified written
answer within 20 days after the service of the notice and complaint.
The
notification shall inform the person 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 person;
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 person 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 person charged 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 person 
either 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 person may present
the Secretary
 with a motion in writing
for a rehearing and shall
specify the particular grounds for the request. If the person 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 person
 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 person'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; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 458/15-17)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-17. Temporary suspension. The Secretary may temporarily suspend the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing provided in Section 15-10 of this Act, if the Secretary finds that the public interest, safety, or welfare requires such emergency action. In the event that the Secretary temporarily suspends a license without a hearing before the Board, a hearing shall be held within 30 days after the suspension has occurred. The suspended licensee may seek a continuance of the hearing, during which time the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after  the date of suspension, the licensee's license shall be automatically reinstated.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-18)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-18. Report of fraud. Whenever the Secretary becomes aware, based on reliable information, that any person or entity regulated by the Department, other than a person or entity regulated under this Act, is engaged or has been engaged in real estate appraising for mortgage loan purposes in a manner that constitutes fraud or misrepresentation or constitutes dishonest, unethical, or unprofessional conduct of a character likely to defraud or harm the public, the Secretary shall refer that matter in a timely manner to the appropriate disciplinary board or investigative body charged with investigating and prosecuting the unlawful conduct of such regulated person or entity and may also refer the matter to the Attorney General or other appropriate law enforcement agency, as deemed appropriate by the Secretary.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-20. Administrative Review Law; certification fees; Illinois Administrative
Procedure Act.
(a) All final administrative decisions of the Secretary
 under this Act
are subject to
judicial review pursuant to the
provisions of the Administrative Review Law and the rules adopted pursuant
thereto.  The term
"administrative decision" has the meaning ascribed to it in Section
3-101 of the
Administrative Review Law.
(b) The Department
 shall not be required to certify any record, file any answer or
otherwise appear unless the
party filing the administrative review complaint pays the certification fee to the Department
 as provided by rule.
 Failure on the part of the plaintiff to make such a deposit shall be grounds
for dismissal of the action.
(c) The Illinois Administrative Procedure Act is hereby expressly adopted
and incorporated herein.  In the event of a conflict between
this Act and the Illinois Administrative Procedure Act, this Act shall
control.
(Source: P.A. 96-844, eff. 12-23-09; 97-333, eff. 8-12-11.)
(225 ILCS 458/15-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-30. Statute of limitations. No action may be taken under this
Act against a person licensed
under this Act unless the action is commenced within 5 years after the
occurrence of the alleged violation or within 2 years after final disposition of any judicial proceeding, including any appeals, in which the appraiser provided testimony related to the assignment, whichever period expires last.
A continuing violation is deemed to have occurred on the date when the
circumstances last existed
that gave rise to the alleged continuing violation.
(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
(225 ILCS 458/15-35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-35. Signature of the Secretary. An order of revocation or
suspension or a certified
copy of the order, bearing the seal of the Department
 and purporting to be signed by the Secretary, shall be prima
facie proof that:
(1) the signature is the genuine signature of the     Secretary;
(2) the Secretary  is duly appointed and qualified;     and
(3) the Board and the members thereof are qualified.
This proof may be rebutted.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-40)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-40. Violation of tax Acts. The Department
 may refuse to issue or renew or
may suspend the license
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.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-45)
Sec. 15-45. (Repealed).
(Source: P.A. 96-844, eff. 12-23-09. Repealed by P.A. 100-872, eff. 8-14-18.)
(225 ILCS 458/15-50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-50. Nonpayment of child support. In cases where the Department of Healthcare and Family Services (formerly
Department of
Public Aid) has
previously determined that a licensee or a potential licensee is more than 30
days delinquent in the
payment of child support and has subsequently certified the delinquency to
the Department, the Department may refuse
to issue or renew or may revoke or suspend that person's license or may take
other disciplinary action
against that person based solely upon the certification of delinquency made by
the Department of Healthcare and Family Services (formerly Department of Public
Aid). Redetermination of the delinquency by the Department shall not be required. In cases
regarding the renewal
of a license, the Department shall not renew any license if the Department of Healthcare and Family Services (formerly Department of Public Aid)
has certified the licensee
to be more than 30 days delinquent in the payment of child support, unless the
licensee has arranged for
payment of past and current child support obligations in a manner satisfactory
to the Department of Healthcare and Family Services (formerly Department of
Public Aid). The Department may impose conditions, restrictions, or disciplinary action
upon that renewal.
(Source: P.A. 95-331, eff. 8-21-07; 96-844, eff. 12-23-09.)
(225 ILCS 458/15-55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-55. Checks, credit card charges, or orders to Department dishonored because of insufficient funds. Any person who:
(1) delivers a check or other payment to the     Department  that is returned to the Department unpaid by the financial institution upon which it was drawn; or
(2) presents a credit card or debit card for payment     that is invalid or expired or against which charges by the Department are declined or dishonored;
shall pay to the Department, in addition to the amount already owed to the Department, a fine of
$50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a non-renewed license. The Department shall notify the applicant or licensee that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days after the notification.
  If, after
the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. After termination or denial, the person seeking a license must apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department.  The Department may establish a fee for the processing of an application for restoration of a license to pay all of  the expenses of processing the application.  The Secretary
 may waive
the fines due
under this Section in individual cases where the Secretary
 finds that the
penalties or fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/15-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-60. Cease and desist orders. The Department

may issue cease
and desist orders to persons who engage in activities prohibited
by this Act.  Any person in violation of a cease and desist order
issued by the Department
 is subject to all of the penalties provided by law.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-65. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-602, eff. 8-26-11.)