2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 441/ - Home Inspector License Act. › Article 15 - Disciplinary Provisions

(225 ILCS 441/Art. 15 heading)
ARTICLE 15.  
		DISCIPLINARY PROVISIONS
(225 ILCS 441/15-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-5. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice home inspection or as a home inspector 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 violation of this Act as
determined by the Department.  The civil penalty shall be assessed by the
Department after a
hearing is held in accordance with the provisions of this Act.
(b) The Department has the authority and power to investigate any
unlicensed activity.
(c) A civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty.  The Department may petition the circuit
court for a
judgment to enforce the collection of the penalty. Prior to July 1, 2023, any civil penalties
collected under this Act shall be made payable to the Department and deposited into the Home Inspector Administration Fund. Beginning on July 1, 2023, any civil penalties collected under this Act shall be made payable to the Department and deposited into the Division of Real Estate General Fund.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation upon any licensee or applicant under this Act or any person or entity who holds oneself out as an applicant or licensee for any one or combination of the following:
(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) Failing to meet the minimum qualifications for     licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided     for by this Act, or anything of value to an employee of the Department to procure licensure under this Act.
(4) Conviction of, or plea of guilty or nolo     contendere, or finding as enumerated in subsection (c) of Section 5-10, 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 the intent to substantially injure another person.
(6) Violating a provision or standard for the     development or communication of home inspections as provided in Section 10-5 of this Act or as defined in the rules.
(7) Failing or refusing to exercise reasonable     diligence in the development, reporting, or communication of a home inspection report, as defined by this Act or the rules.
(8) Violating a provision of this Act or the rules.
(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 substantially equivalent to 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 inspection assignment when the     employment itself is contingent upon the home inspector reporting a predetermined analysis or opinion, or when the fee to be paid is contingent upon the analysis, opinion, or conclusion reached or upon the consequences resulting from the home inspection assignment.
(12) Developing home inspection opinions or     conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, military status, unfavorable discharge from military status, sexual orientation, order of protection status, pregnancy, 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 home inspection.
(13) 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 home inspector shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.
(14) Being adjudicated liable in a civil proceeding     for violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising     or using a trade name or insignia of membership in a home inspection organization of which the licensee is not a member.
(16) Failing, within 30 days, to provide information     in response to a written request made by the Department.
(17) Failing to include within the home inspection     report the home inspector's license number and the date of expiration of the license. The names of (i) all persons who conducted the home inspection; and (ii) all persons who prepared the subsequent written evaluation or any part thereof must be disclosed in the report. It is a violation of this Act for a home inspector to sign a home inspection report knowing that the names of all such persons have not been disclosed in the home inspection report.
(18) Advising a client as to whether the client     should or should not engage in a transaction regarding the residential real property that is the subject of the home inspection.
(19) Performing a home inspection in a manner that     damages or alters the residential real property that is the subject of the home inspection without the consent of the owner.
(20) Performing a home inspection when the home     inspector is providing or may also provide other services in connection with the residential real property or transaction, or has an interest in the residential real property, without providing prior written notice of the potential or actual conflict and obtaining the prior consent of the client as provided by rule.
(21) Aiding or assisting another person in violating     any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,     skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.
(23) A finding by the Department that the licensee,     after having the license placed on probationary status, has violated the terms of probation.
(24) Willfully making or filing false records or     reports related to the practice of home inspection, including, but not limited to, false records filed with State agencies or departments.
(25) Charging for professional services not rendered,     including filing false statements for the collection of fees for which services are not rendered.
(26) Practicing under a false or, except as provided     by law, an assumed name.
(27) Cheating on or attempting to subvert the     licensing examination administered under this Act.
(28)   Engaging in any of the following prohibited     fraudulent, false, deceptive, or misleading advertising practices:
(i) advertising as a home inspector or operating         a home inspection business entity unless there is a duly licensed home inspector responsible for all inspection activities and all inspections;
(ii) advertising that contains a         misrepresentation of facts or false statements regarding the licensee's professional achievements, degrees, training, skills, or qualifications in the home inspection profession or any other profession requiring licensure;
(iii) advertising that makes only a partial         disclosure of relevant facts related to pricing or home inspection services; and
(iv) advertising that claims this State or any of         its political subdivisions endorse the home inspection report or its contents.
(29)   Disclosing, except as otherwise required by     law, inspection results or client information obtained without the client's written consent. A home inspector shall not deliver a home inspection report to any person other than the client of the home inspector without the client's written consent.
(30)   Providing fees, gifts, waivers of liability,     or other forms of compensation or gratuities to persons licensed under any real estate professional licensing act in this State as consideration or inducement for the referral of business.
(31)   Violating the terms of any order issued by the     Department.
(b) The Department may suspend, revoke,
or refuse to issue
or renew an education provider's license, may reprimand, place on probation, or
otherwise discipline
an education provider
licensee, and may suspend or revoke the course approval of any course offered
by an education provider, for any of the following:
(1) Procuring or attempting to procure licensure by     knowingly making a false statement, submitting false information, making 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 education 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 pre-license  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 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.
(c) (Blank).
(d) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family Services 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 in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient.
(h) (Blank).
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/15-10.1)
(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 and 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, and the 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 441/15-11)
(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 determination by the Secretary 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 the determination by the Secretary as to the nature and extent of the discipline, shall take one or more of the disciplinary actions provided for in Section 15-10 of this Act in a timely manner, unless the administrative order is in the appeal process.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/15-15)
(Section scheduled to be repealed on January 1, 2027)
Sec.  15-15. Investigation; notice; hearing. The Department may investigate the actions of any person who is an applicant, licensee, person or persons rendering or offering to render home inspection services, or any person holding or claiming to hold a license as a home inspector. The Department shall, before refusing to issue or renew a license or to discipline a person pursuant to Section 15-10, at least 30 days prior to the date set for the hearing, (i) notify the person charged in writing and the person's managing licensed home inspector, if any, of the charges made and the time and place for the hearing on the charges, (ii) direct the person to file a written answer with the Department under oath within 20 days after the service of the notice, and (iii) inform the person that failure to file an answer will result in a default entered against the person. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties of their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, the license, may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions 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 the Act. The notice may be served by mail, or, at the discretion of the Department, by electronic means to the address of record or email address of record specified by the person as last updated with the Department.
A copy of the hearing officer's report or any Order of Default, along with a copy of the original complaint giving rise to the action, shall be served upon the person by the Department in the manner provided in this Act for the service of a notice of hearing. Within 20 days after service, the person may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If the person 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 during which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee. The Department may respond to the motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with the recommendations of the hearing officer. A copy of the Department's final disciplinary order shall be delivered to the person and the person's managing home inspector, if any.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/15-20)
(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 Department 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 to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file a receipt in court is 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.
(d)   Proceedings for judicial review shall be commenced in the circuit court of the county 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. 102-20, eff. 1-1-22.)
(225 ILCS 441/15-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-25. Temporary suspension. The Secretary may temporarily
suspend the license of a licensee without a hearing,
while instituting a proceeding for a hearing as provided for in Section 15-15
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, 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 the suspension shall remain in effect.   The proceeding shall be
concluded without appreciable delay.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-30)
(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.  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. 92-239, eff. 8-3-01.)
(225 ILCS 441/15-35)
(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; and
(2) the Secretary is duly appointed and qualified.
This proof may be rebutted.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-36)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-36. 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.)
(225 ILCS 441/15-40)
Sec. 15-40. (Repealed).
(Source: P.A. 92-239, eff. 8-3-01. Repealed by P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-45)
Sec. 15-45. (Repealed).
(Source: P.A. 92-239, eff. 8-3-01. Repealed by P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-50)
Sec. 15-50. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-55. Returned checks and dishonored credit card charges; penalty fee; revocation. A 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 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, a penalty fee of $50.  The Department shall notify
the person that the

check or
payment was returned or that the credit card charge was dishonored and
that the person shall pay to the Department by certified check or money order the amount
of the returned check plus a $50 penalty fee within 30 calendar days after the
date of the notification.  If, after the expiration of 30 calendar days of the
notification, the person has failed to remit the necessary funds and penalty,
the Department shall automatically revoke the license or deny the application without
hearing.  If the returned check or other payment was for issuance of a license
under this Act and that person practices as a home inspector, that person may
be subject to discipline for unlicensed practice as provided in this Act.  If,
after revocation or denial, the person seeks a license, the applicant or licensee shall
petition
the Department for restoration or issuance of the license and may be subject to additional discipline or
fines.  The Secretary may waive the penalties or 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 441/15-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-60. Violations; injunction; cease and desist orders.
(a) If any person violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney in the county in which the offense occurs, 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 bond, 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  any person practices as a home inspector or holds oneself out as a home inspector without being licensed under the provisions of this Act, then the Secretary, any licensed home inspector, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof occurred, or in which the person complained of resides or has a principal place of business, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation and may enjoin upon the person obedience.
(c) Whoever knowingly practices or offers to practice home inspection in this State without a license for that purpose shall be guilty of a Class A misdemeanor for the first offense and shall be guilty of a Class 4 felony for the second and any subsequent offense.
(d) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule 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 provide a period of 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.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/15-65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-65. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-70. 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. 97-226, eff. 7-28-11.)