2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002. › Article 5 - Licensing Provisions

(225 ILCS 458/Art. 5 heading)
ARTICLE 5.  
		LICENSING PROVISIONS
(Scheduled to be repealed on January 1, 2027)
(225 ILCS 458/5-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It
 is unlawful for a person to (i) act, offer services, or advertise services

as a State certified general real estate
appraiser, State certified residential real estate appraiser, or associate real estate trainee appraiser, (ii)
 develop a real estate appraisal,
(iii)

practice as a real estate
appraiser, or (iv)

advertise as a real estate
appraiser

without a license issued under this Act.  A person who
violates this subsection is
guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(a-5) It is unlawful for  a person, unless registered as an appraisal management company, to solicit clients or enter into an appraisal engagement with clients without either a certified residential real estate appraiser license or a certified general real estate appraiser license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(b) It
 is unlawful for a person, other than a
person who holds a valid license issued pursuant to this
Act as a State certified general real estate appraiser, a
State
certified
residential real estate appraiser,
or an associate real estate trainee appraiser to use these titles or any other title, designation, or
abbreviation likely to create the
impression that the person is licensed as a real estate appraiser pursuant to
this Act.  A person who
violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(c)
This Act does not apply to a person who holds a valid license as a real estate broker or managing broker pursuant to the Real Estate License Act of 2000 who prepares or provides a broker price opinion or comparative market analysis in compliance with Section 10-45 of the Real Estate License Act of 2000.
(d) Nothing in this Act shall preclude a State certified general real estate appraiser, a State certified residential real estate appraiser, or an associate real estate trainee appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group.  However, no State appraisal license or certification shall be issued under this Act to a partnership, association, corporation, firm, or group.
(e) This Act does not apply to a county assessor, township assessor, multi-township assessor, county supervisor of assessments, or any deputy or employee of any county assessor, township assessor, multi-township assessor, or county supervisor of assessments in performance of respective duties in accordance with the provisions of the Property Tax Code.
(e-5) For the purposes of this Act, valuation waivers may be prepared by a licensed appraiser notwithstanding any other provision of this Act, and the following types of valuations are not  appraisals and may not be represented to be appraisals, and a license is not required under this Act to

perform such valuations if the valuations are performed by (1) an employee of the Illinois Department of Transportation who has completed a minimum of 45 hours of course work in real estate appraisal, including the principles of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and has at least 2 years' experience in a field closely related to real estate; (2) a county engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; (3) an employee of a municipality who has (i) completed a minimum of 45 hours of coursework in real estate appraisal, including the principles of real estate appraisals,  appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and (ii) has either 2 years' experience in a field clearly related to real estate or has completed 20 hours of additional coursework that is sufficient for a person to complete waiver valuations as approved by the Federal Highway Administration; or (4) a municipal engineer who has completed coursework that is sufficient for waiver valuations to be approved by the Federal Highway Administration and who is a registered professional engineer under the Professional Engineering Act of 1989, under the following circumstances:
(A) a valuation waiver in an amount not to exceed     $20,000 prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by (1) an employee of the Illinois Department of Transportation and co-signed, with a license number affixed,  by another employee of the Illinois Department of Transportation who is a registered professional engineer under the Professional Engineering Practice Act of 1989 or (2) an employee of a municipality and co-signed with a license number affixed by a county or municipal engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; and
(B) a valuation waiver in an amount not to exceed     $20,000 prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by a county or municipal engineer who is employed by a county or municipality and is a registered professional engineer under the Professional Engineering Practice Act of 1989. The valuation shall include the county or municipal engineer's signature and license number.
Nothing in this subsection (e-5) shall be construed to allow the State of Illinois, a political subdivision thereof, or any public body to acquire real estate by eminent domain in any manner

other than provided for in the Eminent Domain Act.
(f) A State real estate appraisal certification or license is not required under this Act for any person, partnership, association, or corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation.
Any person who is certified or licensed under this Act and who performs any of the activities set forth in this subsection (f) must comply with the provisions of this Act. A person who violates this subsection (f) is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(g) This Act does not apply to an employee, officer, director, or member of a credit or loan committee of a  financial institution or any other person engaged by a financial institution when performing an evaluation of real property for the sole use of the financial institution in a transaction for which the financial institution would not be required to use the services of a State licensed or State certified appraiser pursuant to federal regulations adopted under Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(h) This Act does not apply to the procurement of an automated valuation model.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-7. Multi-state licensing system. The Secretary may require participation in a third-party, multi-state licensing system for licensing under this Act. The multi-state licensing system may share regulatory information and maintain records in compliance with the provisions of this Act. The multi-state licensing system may charge an applicant an administration fee.
(Source: P.A. 100-604, eff. 7-13-18.)
(225 ILCS 458/5-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-10. Application for State
certified general real estate appraiser.
(a) Every person who
desires to obtain a State certified general real estate appraiser license
shall:
(1) apply to the Department  on forms provided by the     Department, or through a multi-state licensing system as designated by the Secretary,  accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination     authorized by the Department  and endorsed by the AQB;
(5) prior to taking the examination, provide evidence     to the Department, or through a multi-state licensing system as designated by the Secretary, of successful completion of the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; evidence shall be in a Modular Course format with each module conforming to the Required Core Curriculum established and adopted by the AQB; and
(6) prior to taking the examination, provide evidence      to the Department, or through a multi-state licensing system as designated by the Secretary, of successful completion of the prerequisite experience and educational requirements in appraising as established by AQB and by rule.
(b) Applicants must provide evidence to the Department, or through a multi-state licensing system as designated by the Secretary, of holding a Bachelor's degree or higher from an accredited college or university.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-15. Application for State certified residential real estate
appraiser.  Every person who
desires to obtain a State certified residential real estate appraiser license
shall:
(1) apply to the Department  on forms provided by the     Department, or through a multi-state licensing system as designated by the Secretary,  accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination     authorized by the Department  and endorsed by the AQB;
(5) prior to taking the examination, provide evidence     to the Department, or through a multi-state licensing system as designated by the Secretary, of successful completion of the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; evidence shall be in a Modular Course format with each module conforming to the Required Core Curriculum established and adopted by the AQB; and
(6) prior to taking the examination, provide evidence     to the Department, or through a multi-state licensing system as designated by the Secretary, of successful completion of the prerequisite experience and educational requirements as established by AQB and by rule.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-20. Application for associate real estate trainee
appraiser. Every person who desires to obtain an associate real estate trainee appraiser
license shall:
(1) apply to the Department  on forms provided by the     Department, or through a multi-state licensing system as designated by the Secretary,  accompanied by the required fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school     diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education;
(4) (blank); and
(5) provide evidence  to the Department, or through a     multi-state licensing system as designated by the Secretary, of successful completion of   the prerequisite qualifying and any conditional education requirements as established by rule.
(Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22.)
(225 ILCS 458/5-20.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-20.5. Duration of application.  Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall expire, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-21)
Sec. 5-21. (Repealed).
(Source: P.A. 96-844, eff. 12-23-09. Repealed by P.A. 97-602, eff. 8-26-11.)
(225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-22. Criminal history records check.
(a) An application for licensure by examination or restoration shall include the applicant's fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. These fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department may adopt any rules necessary to implement this Section.
(b) The Secretary may designate a multi-state licensing system to perform the functions described in subsection (a).  The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to the multi-state licensing system. The Department may adopt any rules necessary to implement this subsection.
(c) The Department shall not consider the following criminal history records in connection with an application for licensure:
(1) juvenile adjudications of delinquent minors as     defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
(2) law enforcement records, court records, and     conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
(3) records of arrest not followed by a charge or     conviction;
(4) records of arrest in which the charges were     dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or     expunged.
(d) If an applicant makes a false statement of material fact on the application, the false statement may in itself be sufficient grounds to revoke or refuse to issue a license.
(e) An applicant or licensee shall report to the Department, in a manner prescribed by the Department, upon application and within 30 days after the occurrence, if during the term of licensure, (i) any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude, (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses, or (iii) a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period
for a State certified general
real estate appraiser license
or a State certified residential
real estate appraiser license issued under
this Act shall be set by rule.
 Except as otherwise provided in subsections (b) and (f) of this Section, the
holder of a license may renew
the license within 90 days preceding the expiration date by:
(1) completing and submitting to the Department, or     through a multi-state licensing system as designated by the Secretary,  a renewal application form as provided by the Department;
(2) paying the required fees; and
(3) providing evidence to the Department, or through     a multi-state licensing system as designated by the Secretary, of successful completion of the continuing education requirements through courses approved by the Department  from education providers licensed by the Department, as established by the AQB and by rule.
(b) A State certified general real estate appraiser
or State certified
residential real estate
appraiser whose license under this Act has expired may renew
the license for a period of
2 years following the expiration date by complying with the requirements of
paragraphs (1), (2),
and (3) of subsection (a)
of this Section and paying any late penalties established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an associate real estate
trainee appraiser license issued under this
Act shall be set by rule.  Except as otherwise provided in subsections (e) and
(f) of this Section, the holder
of an associate real estate trainee appraiser license may renew the license within 90
days preceding the expiration date by:
(1) completing and submitting to the Department, or     through a multi-state licensing system as designated by the Secretary,  a renewal application form as provided by the Department;
(2) paying the required fees; and
(3) providing evidence to the Department,  or through     a multi-state licensing system as designated by the Secretary, of successful completion of the continuing education requirements through courses approved by the Department  from education providers approved by the Department, as established by rule.
(e) Any associate real estate trainee appraiser whose license under this Act has
expired may
renew the license for a period of 2 years following the expiration date
by complying with the requirements of paragraphs
(1), (2), and (3) of subsection (d) of this Section and paying any late
penalties
as established by rule.
(f) Notwithstanding subsections (c) and (e), an
appraiser whose license
under this Act has expired may renew or convert the license without
paying any lapsed renewal
fees or late penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed     Services;
(2) serving as the Coordinator or an employee of the     Department  who was required to surrender the license during the term of employment.
Application for renewal must be made within 2 years following
the termination of the military service or related education, training, or
employment and shall include an affidavit from the licensee of engagement.
(g) The Department
 shall provide reasonable care and due diligence to ensure that each
licensee under this Act
is provided with a renewal application at least 90 days prior to the expiration
date, but

timely renewal or conversion of the license prior to its expiration date is the responsibility of the licensee.
(h) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.
(i) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or civil penalty imposed by the Department for unlicensed practice until the fine or civil penalty is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 458/5-26)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-26. Inactive licenses. Any licensee who notifies the Department, in writing on forms prescribed by the Department, may elect to place the license on an inactive status and shall, subject to the rules of the Department, be excused from payment of renewal fees until notification in writing to the Department of the desire to resume active status. Any licensee requesting reinstatement from inactive status shall pay the current renewal fee, provide proof of meeting the continuing education requirements for the period of time the license is inactive (not to exceed 2 renewal periods), and follow the requirements for reinstatement as provided by rule. Any licensee whose license is in an inactive status shall not practice in the State of Illinois. The Department will update the licensee's record in the National Registry to show that the license is inactive.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-30. Endorsement. The Department may issue an appraiser license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of
Columbia, if (i) the licensing
requirements of that licensing authority are, on the date of licensure, substantially equal to the requirements set forth under this Act or to a person who, at the time of the application, possessed individual qualifications that were substantially equivalent to the requirements of this Act or (ii) the applicant provides the Department
 with evidence of good standing from
the Appraisal Subcommittee National Registry
 report and a criminal history records check in accordance with Section 5-22. An applicant under this Section shall pay all of the required fees.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-35. Qualifying education requirements. The prerequisite
classroom hours necessary for a person to be
approved to sit for the examination for licensure as a
State
certified general real
estate
appraiser
or
a State certified residential
real estate appraiser
shall be in accordance with AQB criteria and established
by rule.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/5-40)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-40. Qualifying experience requirements. The
prerequisite experience necessary for a person to be approved to sit for the
examination
for licensure as a State certified general real estate
appraiser or a State certified
residential real
estate appraiser shall be established by
rule.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-45. Continuing education renewal requirements.
(a) The continuing education requirements for a person to renew a license as
a State certified general
real estate appraiser
or
a State certified residential real estate appraiser
shall be
established by rule.
(b) The continuing education requirements for a person to
renew a license as an associate real estate trainee appraiser shall be
established by rule.
(c)    Notwithstanding any other provision of this Act to the contrary, the Department shall establish a continuing education completion deadline for appraisal licensees and require evidence of compliance with the continuing education requirements before the renewal of a license.
(Source: P.A. 100-831, eff. 1-1-19.)
(225 ILCS 458/5-50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-50. Temporary practice permits. A nonresident appraiser who holds
a valid appraiser
license in another state, territory, possession of the United States, or the
District of Columbia may be
granted a temporary practice permit to practice as an appraiser in the State of
Illinois upon making
an application and paying the applicable fees as
established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-55. Fees.
(a) The Department
 shall establish rules for fees to be paid by applicants and licensees to
cover the reasonable costs
of the Department
 in administering and enforcing the provisions of this Act. The Department, with the advice of the Board,
 may
also establish rules for
general fees to cover the reasonable expenses of carrying out other functions
and responsibilities under
this Act.
(b) The administration fee charged by the multi-state licensing system shall be paid directly to the multi-state licensing system.
(Source: P.A. 100-604, eff. 7-13-18.)