2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 454/ - Real Estate License Act of 2000. › Article 20 - Disciplinary Provisions

(225 ILCS 454/Art. 20 heading)
ARTICLE 20.  
		DISCIPLINARY PROVISIONS
(225 ILCS 454/20-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-5. Index of decisions. The Department shall maintain an index of formal decisions regarding the issuance,
refusal to issue, renewal,
refusal to renew, revocation, and suspension of licenses and probationary or
other disciplinary
action taken under this Act.  The
index shall be available to the public during regular business hours.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-10. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to
practice as a managing broker, broker, or residential leasing agent
without being licensed under
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 offense as determined by the Department.  The civil penalty
 shall be
assessed by the Department after a hearing is held in accordance with the provisions set
forth in this Act
regarding the provision of a hearing for the discipline of a license.
(b) The Department has the authority and power to investigate any and all unlicensed
activity.
(c) The civil penalty 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
execution had thereon in the
same manner from any court of record.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-15. Violations. The commission of a single act prohibited by this Act or prohibited by the
rules adopted under
this Act or a violation of a disciplinary order issued under this Act
constitutes a violation of this
Act.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20. Nature of and grounds for discipline.
(a) The Department may refuse to issue or renew a license, may place on probation, suspend,
or
revoke any
license, reprimand, or take any other disciplinary or non-disciplinary action as the Department may deem proper and impose a
fine not to exceed
$25,000 for each violation upon any licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee or against a licensee in handling one's own property, whether held by deed, option, or otherwise, for any one or any combination of the
following causes:
(1) Fraud or misrepresentation in applying for, or     procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
(2) The licensee's conviction of or plea of guilty or     plea of nolo contendere, as set forth in subsection (e) of Section 5-25, to: (A) a felony or misdemeanor in this State or any other jurisdiction; (B) the entry of an administrative sanction by a government agency in this State or any other jurisdiction; or (C) any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(3) Inability to practice the profession with     reasonable judgment, skill, or safety as a result of a physical illness, mental illness, or disability.
(4) Practice under this Act as a licensee in a retail     sales establishment from an office, desk, or space that is not separated from the main retail business and located within a separate and distinct area within the establishment.
(5) Having been disciplined by another state, the     District of Columbia, a territory, a foreign nation, or a governmental agency 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.  A certified copy of the record of the action by the other state or jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage     without a license or after the licensee's license or temporary permit was expired or while the license was inactive, revoked, or suspended.
(7) Cheating on or attempting to subvert the Real     Estate License Exam or a continuing education course or examination.
(8) Aiding or abetting an applicant to subvert or     cheat on the Real Estate License Exam or continuing education exam administered pursuant to this Act.
(9) Advertising that is inaccurate,  misleading, or     contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or     untruthful advertising.
(11) Making any false promises of a character likely     to influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of     misrepresentation or the making of false promises through licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or     using any trade name or insignia of membership in any real estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction     without providing written notice to all parties for whom the licensee acts.
(15) Representing or attempting to represent, or     performing licensed activities for, a broker other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or     documents coming into the licensee's  possession that belong to others.
(17) Failure to maintain and deposit in a special     account, separate and apart from personal and other business accounts, all escrow moneys belonging to others entrusted to a licensee while acting as a broker, escrow agent, or temporary custodian of the funds of others or failure to maintain all escrow moneys on deposit in the account until the transactions are consummated or terminated, except to the extent that the moneys, or any part thereof, shall be:
(A) disbursed prior to the consummation or         termination (i) in accordance with the written direction of the principals to the transaction or their duly authorized agents, (ii) in accordance with directions providing for the release, payment, or distribution of escrow moneys contained in any written contract signed by the principals to the transaction or their duly authorized agents, or (iii) pursuant to an order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the         Office of the State Treasurer to be handled as unclaimed property pursuant to the Revised Uniform Unclaimed Property Act.  Escrow moneys may be deemed abandoned under this subparagraph (B) only: (i) in the absence of disbursement under subparagraph (A); (ii) in the absence of notice of the filing of any claim in a court of competent jurisdiction; and (iii) if 6 months have elapsed after the receipt of a written demand for the escrow moneys from one of the principals to the transaction or the principal's duly authorized agent.
The account shall be noninterest bearing, unless the     character of the deposit is such that payment of interest thereon is otherwise required by law or unless the principals to the transaction specifically require, in writing, that the deposit be placed in an interest-bearing account.
(18) Failure to make available to the Department all     escrow records and related documents maintained in connection with the practice of real estate within 24 hours of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of     documents relating to a real estate transaction to a party who has executed that document.
(20) Failure of a sponsoring broker or licensee to     timely provide sponsorship or termination of sponsorship information to the Department.
(21) Engaging in dishonorable, unethical, or     unprofessional conduct of a character likely to deceive, defraud, or harm the public, including, but not limited to, conduct set forth in rules adopted by the Department.
(22) Commingling the money or property of others with     the licensee's own money or property.
(23) Employing any person on a purely temporary or     single deal basis as a means of evading the law regarding payment of commission to nonlicensees on some contemplated transactions.
(24) Permitting the use of one's license as a broker     to enable a residential leasing agent or unlicensed person to operate a real estate business without actual participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a     different character from that specified in this Section, that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on     any property without the written consent of an owner or the owner's duly authorized agent or advertising by any means that any property is for sale or for rent without the written consent of the owner or the owner's authorized agent.
(27) Failing to provide information requested by the     Department, or otherwise respond to that request, within 30 days of the request.
(28) Advertising by means of a blind advertisement,     except as otherwise permitted in Section 10-30 of this Act.
(29) A licensee under this Act or an unlicensed     individual offering guaranteed sales plans, as defined in Section 10-50, except to the extent set forth in Section 10-50.
(30) Influencing or attempting to influence, by any     words or acts, a prospective seller, purchaser, occupant, landlord, or tenant of real estate, in connection with viewing, buying, or leasing real estate, so as to promote or tend to promote the continuance or maintenance of racially and religiously segregated housing or so as to retard, obstruct, or discourage racially integrated housing on or in any street, block, neighborhood, or community.
(31) Engaging in any act that constitutes a violation     of any provision of Article 3 of the Illinois Human Rights Act, whether or not a complaint has been filed with or adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or     lease or brokerage agreement to break the contract of sale or lease or brokerage agreement for the purpose of substituting, in lieu thereof, a new contract for sale or lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real     estate directly with any person if the licensee knows that the person has an exclusive brokerage agreement with another broker, unless specifically authorized by that broker.
(34) When a licensee is also an attorney, acting as     the attorney for either the buyer or the seller in the same transaction in which the licensee is acting or has acted as a managing broker or broker.
(35) Advertising or offering merchandise or services     as free if any conditions or obligations necessary for receiving the merchandise or services are not disclosed in the same advertisement or offer.  These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a real estate site.  As used in this subdivision (35), "free" includes terms such as "award", "prize", "no charge", "free of charge", "without charge", and similar words or phrases that reasonably lead a person to believe that one may receive or has been selected to receive something of value, without any conditions or obligations on the part of the recipient.
(36) (Blank).
(37) Violating the terms of any order issued by the     Department.
(38) Paying or failing to disclose compensation in     violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a     client of the licensee to allow the licensee to retain a portion of the escrow moneys for payment of the licensee's commission or expenses as a condition for release of the escrow moneys to that party.
(40) Disregarding or violating any provision of this     Act or the published rules adopted  by the Department to enforce this Act or aiding or abetting any individual, foreign or domestic partnership, registered limited liability partnership, limited liability company, corporation, or other business entity in disregarding any provision of this Act or the published rules adopted by the Department  to enforce this Act.
(41) Failing to provide the minimum services required     by Section 15-75 of this Act when acting under an exclusive brokerage agreement.
(42) Habitual or excessive use of or addiction to     alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a managing broker, broker, or residential leasing agent's inability to practice with reasonable skill or safety.
(43)  Enabling, aiding, or abetting an auctioneer, as     defined in the Auction License Act, to conduct a real estate auction in a manner that is in violation of this Act.
(44) Permitting any residential leasing agent or     temporary residential leasing agent permit holder to engage in activities that require a broker's or managing broker's license.
(45) Failing to notify the Department, within 30 days     after the occurrence, of the information required in subsection (e) of Section 5-25.
(46) A designated managing broker's failure to     provide an appropriate written company policy or failure to perform any of the duties set forth in Section 10-55.
(47)   Filing liens or recording written instruments     in any county in the State on noncommercial, residential real property that relate to a broker's compensation for licensed activity under the Act.
(b) 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 in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(c) (Blank).
(d) 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 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 in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(e) (Blank).
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 454/20-20.1)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20.1. Citations.
(a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education and post-license education requirements set forth in this Act or as adopted by rule.  The citation shall be issued to the licensee, and a copy shall be sent to the licensee's designated managing broker and sponsoring broker. The citation shall contain the licensee's name and address, the licensee's license number, the number of required hours of continuing education or post-license education that have not been successfully completed by the licensee's renewal deadline, and the penalty imposed, which shall not exceed $2,000.  The issuance of any such citation shall not excuse the licensee from completing all continuing education or post-license education required for that term of licensure.
(b) Service of a citation shall be made by in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record, and 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 such time as 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 has 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. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 454/20-21)
Sec. 20-21. (Repealed).
(Source: P.A. 101-357, eff. 8-9-19. Repealed by P.A. 102-970, eff. 5-27-22.)
(225 ILCS 454/20-21.1)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-21.1. Injunctions; cease and desist order.
(a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney for any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or condition, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
(b) If, in the opinion of the Department, a person violates a provision of this Act, the Department may issue a ruling to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
(c) Other than as provided in Section 5-20 of this Act, if any person practices as a managing broker, broker, or residential leasing agent or holds themselves out as a licensed sponsoring broker, managing broker, broker, or residential leasing agent under this Act without being issued a valid active license by the Department, then any licensed sponsoring broker, managing broker, broker, residential leasing agent, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a).
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-22)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-22. Violations.   Any person who is found working or acting as a managing broker, broker, or residential leasing agent or holding oneself out as a licensed sponsoring broker, managing broker, broker, or residential leasing agent without being issued a valid active license is guilty of a Class A misdemeanor and, on conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-23)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-23. 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, applicant, or any person who holds oneself out as a licensee or applicant that is 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, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or 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. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-25. Returned checks and dishonored credit card charges; fees. 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 is drawn shall pay to the Department; or (2) presents a credit or debit card for payment that is invalid or expired or against which charges by the Department are declined or dishonored, in addition
to the amount
already owed to the Department, a fee of $50. The Department
 shall notify the person that payment of fees and fines shall be paid to the Department
 by certified
check or money order within 30 calendar days of 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 revoke the license or deny the application, without hearing.  If, after revocation
 or denial, the person seeks a license, the person shall 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 expenses
of processing this
application.  The Secretary may waive the fees due under this Section in
individual cases
where the Secretary finds that the fees would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-30)
Sec. 20-30. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-35)
Sec. 20-35. (Repealed).
(Source: P.A. 91-245, 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-40)
Sec. 20-40. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-45)
Sec. 20-45. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-50. 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 20-20 of this Act in a timely
manner, unless the administrative order is in the appeal process.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-55)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-55. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if
all of the provisions of that Act were included in this Act, except that the
provision of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure Act that provides
that at hearings the
licensee has the right to show compliance with all lawful requirements for
retention, continuation, or
renewal of the license is specifically excluded.  For the purposes of this Act,
the notice required
under the Illinois Administrative Procedure Act is deemed sufficient when
mailed to the
last known address of record.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-60. Investigations notice and hearing. The Department may investigate the actions of any applicant or of any person who is an applicant or person or persons rendering or offering to render services for which a license is required by this Act or any person holding or claiming to hold a license under this Act and may notify the designated managing broker and sponsoring broker of the pending investigation.  The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any other disciplinary action under Article 20 of this Act, at least 30 days before the date set for the hearing,  (i) notify the person charged and the designated managing broker and sponsoring broker in writing of the charges made and the time and place for the hearing on the charges and whether the licensee's license has been temporarily suspended pursuant to Section 20-65, (ii) direct the person to file a written answer to the charges with the
Board under oath within 20 days after service of the notice, and (iii) inform the person that failure to answer will result in a default or that the person's
 license may be suspended, revoked, placed on probationary status,
or
other disciplinary
action taken with regard to the license, including limiting the scope, nature, or extent of the ability to practice, as the Department may consider proper.  At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments.  The Board may continue the hearing from time to time.  In case the person, after receiving the
notice, fails to file an answer, the person's license may, in the discretion of the Department, be suspended,
revoked, placed on
probationary status, or the Department may take whatever disciplinary action considered
proper, including
limiting the scope, nature, or extent of the person's practice or the
imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient grounds for that
action under this Act. The notice may be served by mail, or, at the discretion of the Department, by electronic means as adopted by rule to the address or email address of record and shall include notice to the designated managing broker and sponsoring broker. A copy of the Department's final disciplinary order shall be delivered to the designated managing broker and sponsoring broker.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-62)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-62. Record of proceedings; transcript.   The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case.  The notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the Board, and orders of the Department shall be in the record of the proceeding.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-63)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-63. Subpoenas; depositions; oaths. The Department has the power to subpoena documents, books, records, or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Secretary, the designated hearing officer, and every member of the Board has the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct, and any other oaths authorized in an Act that is administered by the Department.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-64)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-64. Board; rehearing. At the conclusion of a hearing and following deliberation by the Board, a copy of the Board's report shall be served upon the applicant, licensee, or unlicensed person by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion, or if a motion for rehearing is denied, then upon denial, and except as provided in Section 20-72 of this Act, the Secretary may enter an order in accordance with the recommendations of the Board. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, then the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-65. 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 for
in Section 20-60 of this
Act, if the Secretary finds that the evidence indicates that the public
interest, safety, or welfare
imperatively requires emergency action.  In the event that the Secretary
temporarily suspends
the license without a hearing before the Board, a hearing shall be commenced within
30 days after the
suspension has occurred.  The suspended licensee may seek a continuance of the
hearing during
which the suspension shall remain in effect.  The proceeding shall be concluded
without
appreciable delay.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-66)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-66. Appointment of a hearing officer.   The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee, applicant, or unlicensed person.  The hearing officer has full authority to conduct the hearing.  Any Board member may attend the hearing.  The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board.  The Board shall review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary and all parties to the proceeding. If the Secretary disagrees with a recommendation of the Board or of the hearing officer, then the Secretary may issue an order in contravention of the recommendation.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-67)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-67. Order or certified copy; prima facie proof. An order, or certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary is prima facie proof that (i) the signature is the genuine signature of the Secretary, (ii) the Secretary is duly appointed and qualified, and (iii) the Board and its members are qualified to act.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-68)
Sec. 20-68. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-69)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-69. Restoration of a license.  At any time after the successful completion of a term of suspension, revocation, or probation of a license, the Department may restore it to the licensee, upon the written recommendation of the Board, unless after an investigation and a hearing the Board determines that restoration is not in the public interest.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 454/20-70)
Sec. 20-70. 
		(Repealed).
(Source: P.A. 91-245, eff. 12-31-99.  Repealed by P.A. 92-217, eff.
8-2-01.)
(225 ILCS 454/20-72)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-72. Secretary; rehearing. If the Secretary believes that substantial justice has not been done in the revocation or suspension of a license, with respect to  refusal to issue, restore, or renew a license, or any other discipline of an applicant, licensee, or unlicensed person, then the Secretary may order a rehearing by the same or other examiners.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/20-73)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-73. Certifications of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-75)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-75. Administrative Review venue.
(a) All final administrative decisions of the Department are subject to judicial review under
 the Administrative Review Law and its
 rules.  The term "administrative decision" is
defined in Section 3-101
of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court of the court in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County or Cook County.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(225 ILCS 454/20-78)
Sec. 20-78. (Repealed).
(Source: P.A. 97-1002, eff. 8-17-12. Repealed by P.A. 100-188, eff. 1-1-18.)
(225 ILCS 454/20-80)
Sec. 20-80. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-82)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-82. Fines and penalties; Real Estate Recovery Fund. All fines and penalties collected under this Act by the Department shall be deposited in the Real Estate Recovery Fund.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-85)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-85. Recovery from Real Estate Recovery Fund. The Department shall maintain a Real Estate Recovery Fund from which any person aggrieved
by an act,
representation, transaction, or conduct of a licensee or unlicensed employee of
a licensee that is
in violation of this Act or the rules promulgated pursuant thereto,
constitutes
embezzlement of money or property, or results in money or property being
unlawfully obtained
from any person by false pretenses, artifice, trickery, or forgery or by reason
of any fraud,
misrepresentation, discrimination, or deceit by or on the part of any such
licensee or the unlicensed
employee of a licensee and that results in a loss of actual cash money, as
opposed to losses in
market value, may recover. The aggrieved person may recover, by a post-judgment order of the
circuit court of the
county where the violation occurred in a proceeding described in Section 20-90 of this Act, an amount of not more than the amount adopted by rule from
the Fund for
damages sustained by the act, representation, transaction, or conduct, together
with costs of suit and
attorney's fees incurred in connection therewith.  
The post-judgment order shall not include interest on the judgment.
The maximum liability against the Fund arising out of any one act shall be as adopted by rule, and the post-judgment order shall spread the award equitably among all
co-owners or otherwise
aggrieved persons, if any. The maximum liability against the Fund arising out
of the activities of
any one licensee or one unlicensed employee of a licensee in any one transaction or set of facts that formed the basis of a post-judgment order shall be as adopted by rule.
Nothing in this Section shall be construed to authorize recovery from the Fund
unless the loss of the aggrieved person results from an act or omission of a licensee under this Act
 who was at the time of the act or omission
acting in such
capacity or was apparently acting in such capacity or their unlicensed employee and unless the aggrieved
person has obtained a
valid judgment and post-judgment order of the court as provided for in Section 20-90 of this Act.
(Source: P.A. 100-534, eff. 9-22-17; 101-357, eff. 8-9-19.)
(225 ILCS 454/20-90)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-90. Collection from Real Estate Recovery Fund; procedure.
(a) No action for a judgment that subsequently results in a post-judgment order for
collection from the
Real Estate Recovery Fund shall be started later than 2 years after the date on
which the aggrieved
person knew, or through the use of reasonable diligence should have known, of
the acts or
omissions giving rise to a right of recovery from the Real Estate Recovery
Fund.
(b) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, the aggrieved person must name
as parties
defendant to that action any and all licensees, their
employees, or independent contractors who allegedly committed or are responsible for acts or omissions
giving rise to a right
of recovery from the Real Estate Recovery Fund.  Failure to name as parties
defendant such
licensees, their employees, or independent contractors shall preclude recovery
from the Real Estate
Recovery Fund of any portion of any judgment received in such an action. These parties defendant shall also include any corporations, limited
liability companies,
partnerships, registered limited liability partnership, or other business
associations licensed under this Act that may be
responsible for acts giving rise to a right of recovery from the Real Estate
Recovery Fund.
(c) (Blank).
(d) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal
and proper service upon the parties defendant licensed under this Act under the provisions of Illinois law concerning service of
process in civil actions, the aggrieved person may petition the court where the action to obtain
judgment was begun for an order to allow service of legal process on the Secretary. Service of
process on the Secretary shall be taken and held in that court to be as valid and binding as if
due service had been made upon the parties defendant licensed under this Act. In case any process mentioned in this Section is
served upon the Secretary, the Secretary shall forward a copy of the
process by certified
mail to the licensee's last address on record with the Department. Any judgment obtained
after service of
process on the Secretary under this Act shall apply to and be enforceable
against the Real
Estate Recovery Fund only. The Department may intervene in and defend any such action.
(e) (Blank).
(f) The aggrieved person shall give written notice to the Department within 30 days of
the entry of any
judgment that may result in collection from the Real Estate Recovery Fund. The
aggrieved person shall provide the Department with 20 days prior written notice of all
supplementary
proceedings so as to allow the Department to intervene and participate in all efforts to collect on the
judgment in the same manner as any party.
(g) When any aggrieved person recovers a valid judgment in any court of
competent
jurisdiction in an action in which the court has found the aggrieved person to be injured or otherwise damaged by any licensee or an unlicensed employee of any licensee as a result of
fraud, misrepresentation, discrimination, or deceit or intentional violation of this Act by the licensee or the unlicensed employee of the licensee, the aggrieved person may,
upon the termination
of all proceedings, including review and appeals in connection with the
judgment, file a verified
claim in the court in which the judgment was entered and, upon 30 days' written
notice to the Department,
and to the person against whom the judgment was obtained, may apply to the
court for a post-judgment order
directing payment from the Real Estate Recovery Fund of the amount unpaid
upon the judgment,
not including interest on the judgment, and subject to the limitations stated
in Section 20-85 of this
Act.  The aggrieved person must set out in that verified claim and subsequently prove at an
evidentiary hearing to be
held by the court upon the application that the claim meets all requirements of Section 20-85 and this Section to be eligible for payment from the Real Estate Recovery Fund. The aggrieved party shall be required to
show that the
aggrieved person:
(1) Is not a spouse of the debtor or debtors or the     personal representative of such spouse.
(2) Has complied with all the requirements of this     Section.
(3) Has obtained a judgment stating the amount     thereof and the amount owing thereon, not including interest thereon, at the date of the application.
(4) Has shown evidence of the amount of attorney's     fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 20-85 of this Act. An affidavit from the aggrieved party's attorney shall be sufficient evidence of the attorney's fees incurred.
(h) If, after conducting the evidentiary hearing required under this Section, the court finds the aggrieved party has satisfied the requirements of Section 20-85 and this Section, the court shall, in a post-judgment order directed to the Department, order payment from
the Real Estate
Recovery Fund in the amount of the unpaid balance of the aggrieved party's judgment subject 
to and in
accordance with the limitations contained in Section 20-85 of this Act.
(i) If the Department pays from the Real Estate Recovery Fund any amount in
settlement of a claim
or toward satisfaction of a judgment against any licensee
or an unlicensed
employee of a licensee, the licensee's license shall be automatically revoked
upon the issuance of a
post-judgment order authorizing payment from the Real Estate Recovery Fund.  No
petition for restoration of
a license shall be heard until repayment has been made in full, plus interest
at the rate prescribed in
Section 12-109 of the Code of Civil Procedure of the amount paid from
the Real Estate Recovery Fund on their account, notwithstanding any provision to the contrary in Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. A discharge in bankruptcy shall
not relieve a
person from the penalties and disabilities provided in this subsection (i).
(j) If, at any time, the money deposited in the Real Estate Recovery Fund is
insufficient to
satisfy any duly authorized claim or portion thereof, the Department shall, when
sufficient money has been
deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or
portions thereof, in the
order that such claims or portions thereof were originally filed, plus
accumulated interest at the rate
prescribed in Section 12-109 of the Code of Civil Procedure, provided that amount does not exceed the limits set forth in rules adopted by the Department.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/20-95)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-95. Power of the Department to defend. When the Department receives any process, notice, order, or other document provided for
or
required under
Section 20-90 of this Act, it may enter an appearance, file an answer, appear
at the court hearing,
defend the action, or take whatever other action it deems appropriate on behalf
and in the name of
the parties defendant licensed under this Act or the Department and take recourse through any appropriate method of review on
behalf of and in the
name of the parties defendant licensed under this Act or the Department.
(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
(225 ILCS 454/20-100)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-100. Subrogation of the Department to rights of judgment creditor. When, upon the order of the court, the Department has paid from the Real Estate Recovery
Fund any sum to
the judgment creditor, the Department shall be subrogated to all of the rights of the
judgment creditor and
the judgment creditor shall assign all rights, title, and interest in the
judgment to the Department and any
amount and interest so recovered by the Department on the judgment shall be deposited in
the Real Estate
Recovery Fund.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-105)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-105. 
		Waiver of rights for failure to comply. 
		The failure of an aggrieved person to comply with this Act relating to the
Real Estate Recovery
Fund shall constitute a waiver of any rights under Sections 20-85 and 20-90 of
this
Act.
(Source: P.A. 91-245, eff. 12-31-99.)
(225 ILCS 454/20-110)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-110. Disciplinary actions of the Department not limited. Nothing contained in Sections 20-82 through 20-100 of this Act limits the
authority of the Department
 to take
disciplinary action against any licensee for a violation of this Act or the
rules of the Department, nor shall the repayment in full of all obligations to the Real Estate
Recovery Fund by any
licensee nullify or modify the effect of any other disciplinary proceeding
brought pursuant to this
Act.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 454/20-115)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-115. Time limit on action. No action may be taken by the Department against any person for violation of the terms of
this Act or its
rules unless the action is commenced within 5 years after the occurrence of the
alleged violation. This limitation shall not apply where it is alleged that an initial application for licensure under this Act contains false or misleading information.
(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
(225 ILCS 454/20-120)
Sec. 20-120. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/20-125)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-125. 
		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 for damages or to enforce the
provisions of this Act or
the rules issued under this Act.
(Source: P.A. 91-245, eff. 12-31-99.)