2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002. › Article 25 - Administrative Provisions

(225 ILCS 458/Art. 25 heading)
ARTICLE 25.  
		ADMINISTRATIVE PROVISIONS
(Scheduled to be repealed on January 1, 2027)
(225 ILCS 458/25-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-5. Appraisal Administration Fund; surcharge. The Appraisal
Administration Fund is created as a special fund in the State Treasury.  All
fees, fines, and penalties received by the Department

under this Act shall be deposited into the Appraisal Administration Fund.
Also, moneys received from any federal financial assistance or any gift, grant, or donation may be deposited into the Appraisal Administration Fund. All earnings attributable to investment of funds in the Appraisal
Administration Fund shall be credited to the Appraisal Administration
Fund.  Subject to appropriation, the
moneys in the Appraisal Administration Fund shall be paid
to the Department
 for the expenses incurred by the Department
 and the Board in the administration of this Act. Moneys in the Appraisal 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.
However, moneys in the Appraisal Administration Fund received from any federal financial assistance or any gift, grant, or donation shall be used only in accordance with the requirements of the federal financial assistance, gift, grant, or donation and may not be transferred to the Professions Indirect Cost Fund.
Upon the completion of any audit of the Department, as prescribed by the Illinois State
Auditing Act, which shall include an audit of the Appraisal Administration
Fund, the Department

shall make the audit report open to inspection by any interested person.
(Source: P.A. 102-16, eff. 6-17-21.)
(225 ILCS 458/25-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-10. Real Estate Appraisal Administration and Disciplinary Board; appointment.
(a) There is hereby created the Real Estate Appraisal Administration and Disciplinary Board.  The Board
shall be composed of the Coordinator and 10 persons appointed by the Governor.  Members shall be appointed to the Board
subject to the following conditions:
(1) All appointed members shall have been residents     and citizens of this State for at least 5 years prior to the date of appointment.
(2) The appointed membership of the Board should     reasonably reflect the geographic distribution of the population of the State.
(3) Four appointed members shall have been actively     engaged and currently licensed as State certified general real estate appraisers for a period of not less than 5 years.
(4) Three  appointed members shall have been actively     engaged and currently licensed as State certified residential real estate appraisers for a period of not less than 5 years.
(5) One  appointed member shall hold a valid  license     as a real estate broker for at least 3 years prior to the date of the appointment and  shall hold either a valid State certified general real estate appraiser license or a valid State certified residential appraiser license issued under this Act or a predecessor Act for a period of at least 5 years prior to the appointment.
(6) One appointed member shall be a representative of     a financial institution, as evidenced by proof of employment with a financial institution.
(7) One appointed member shall represent the     interests of the general public.  This member or the member's spouse shall not be licensed under this Act nor be employed by or have any financial interest in an appraisal business, appraisal management company, real estate brokerage business, or a financial institution.
In making appointments as
provided in paragraphs (3) and (4) of this subsection, the Governor shall
give due consideration to recommendations by members and organizations
representing the profession.
In making the appointments as
provided in paragraph (5) of this subsection, the Governor shall give
due consideration to the recommendations by members and organizations
representing the real estate industry.
In making the appointment as provided
in paragraph (6) of this subsection, the Governor
shall give due consideration to the recommendations by members and
organizations representing financial institutions.
(b) The members' terms shall be for 4 years or 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.
(c) The Governor may terminate the appointment of a member for cause that,
in
the opinion of the Governor, reasonably justifies the termination.  Cause for
termination may include, without limitation, misconduct, incapacity, neglect of
duty, or missing 4 Board meetings during any one fiscal year.
(d) A majority of the Board members shall constitute a
quorum.  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.
(e) The Board shall meet at least monthly and may be convened
by the Chairperson, Vice-Chairperson, or 3 members of the Board upon 10 days
written notice.
(f) The Board shall, annually at the first meeting of the fiscal year,
elect a Chairperson and Vice-Chairperson from its
members.  The Chairperson shall preside over the meetings and shall coordinate
with the Coordinator

in developing and distributing an agenda for each meeting.  In the absence of
the Chairperson, the Vice-Chairperson shall preside over the meeting.
(g) The Coordinator shall serve as
a member of the Board without vote.
(h) The Board shall advise and make recommendations to
the Department
 on the education and experience qualifications of any applicant for initial licensure as a State certified general real estate appraiser or  a State certified residential real estate appraiser.  The Department shall not make any decisions concerning education or experience qualifications of an applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser without having first received the advice and recommendation of the Board and
 shall give due consideration to all
such advice and recommendations; however, if the Board does not render advice or make a recommendation within a reasonable amount of time, then the Department may render a decision.
(i) Except as provided in Section 15-17 of this Act, the
 Board shall hear and make recommendations to the
Secretary
 on
 disciplinary matters
that require a formal evidentiary hearing.  The Secretary
 shall give due
consideration to the
recommendations of the Board involving discipline and questions involving
standards of professional
conduct of licensees.
(j) The Department shall seek and the Board shall provide
 recommendations to the Department
 consistent with the
provisions
of this Act and for the administration and enforcement of all
 rules adopted
pursuant to this Act. The Department

shall give due consideration to
such
 recommendations
prior to adopting rules.
(k) The Department shall seek and the Board shall provide
 recommendations to the Department
 on the approval of all courses
submitted to the Department

pursuant to this Act and the rules adopted pursuant to this Act. The Department shall not approve any courses without having first received the recommendation of the Board and
 shall
give due consideration to such

recommendations
prior to approving and licensing courses; however, if the Board does not make a recommendation within a reasonable amount of time, then the Department may approve courses.
(l) Each voting 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.
(m) 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.
(n) If the Department disagrees with any advice or recommendation provided by the Board under this Section to the Secretary or the Department, then notice of such disagreement must be provided to the Board by the Department.
(o) (Blank).
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 458/25-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-15. Real Estate Appraisal Coordinator; appointment;
duties.  The Secretary shall appoint a Coordinator.  In appointing the Coordinator, the Secretary shall give due consideration to recommendations made by members, organizations, and associations of the real estate appraisal industry. The Coordinator must hold a current, valid State certified general real estate appraiser license for a period of at least 5 years prior to appointment. The Coordinator shall not practice during the term of the appointment.  The Coordinator shall be credited with all fees that came due during the Coordinator's employment.

The Coordinator

shall:
(1) serve as a member of the Real Estate Appraisal     Administration and Disciplinary Board without vote;
(2) be the direct liaison between the Department, the     profession, and the real estate appraisal industry organizations and associations;
(3) prepare and circulate to licensees such     educational and informational material as the Department  deems necessary for providing guidance or assistance to licensees;
(4) appoint necessary committees to assist in the     performance of the functions and duties of the Department  under this Act;
(5) (blank); and
(6) be authorized to investigate and determine the     facts of a complaint; the coordinator may interview witnesses, the complainant, and any licensees involved in the alleged matter and make a recommendation as to the findings of fact.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/25-16)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-16. Staff. The Department shall employ a minimum of one investigator per 2,000 licensees in order to have sufficient staff to perform the Department's obligations under this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/25-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-20. Department; powers and duties. The Department of Financial and Professional Regulation

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 for the
administration of this Act. The Department
 may contract with third parties for services
necessary for the proper
administration of this Act, including, without limitation, investigators with
the proper knowledge, training,
and skills to investigate complaints against real estate appraisers.
In addition, the Department may receive federal financial assistance, either directly from the federal government or indirectly through another source, public or private, for the administration of this Act. The Department may also receive transfers, gifts, grants, or donations from any source, public or private, in the form of funds, services, equipment, supplies, or materials. Any funds received pursuant to this Section shall be deposited in the Appraisal Administration Fund unless deposit in a different fund is otherwise mandated and shall be used in accordance with the requirements of the federal financial assistance, gift, grant, or donation for purposes related to the powers and duties of the Department.
The Department
 shall maintain and update a registry of the names and addresses of
all licensees and a listing of disciplinary orders issued pursuant to this Act
and shall transmit the registry, along with any national registry fees that may
be required, to the entity specified by, and in a manner consistent with, Title
XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act
of 1989.
(Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)
(225 ILCS 458/25-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-25. Rules. The Department, after notifying and considering any recommendations of the
Board, if any, shall adopt rules that may be necessary for
administration, implementation, and enforcement of the Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 458/25-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-30. 
		Exclusive State powers and functions; municipal powers. 
		It
is declared to be the public policy of this State, pursuant to paragraph (h)
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 and 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.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/25-35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-35. No private right of action. Except as otherwise expressly provided for in this Act, nothing in this Act shall be construed to grant to any person a private right of action to enforce the provisions of this Act or the rules adopted under this Act.
(Source: P.A. 102-20, eff. 1-1-22.)