2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 458/ - Real Estate Appraiser Licensing Act of 2002. › Article 1 - General Provisions

(225 ILCS 458/Art. 1 heading)
ARTICLE 1.  
		GENERAL PROVISIONS
(Scheduled to be repealed on January 1, 2027)
(225 ILCS 458/1-1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-1. 
		Short title. 
		This Act
may be cited as the Real Estate Appraiser Licensing Act of 2002.
(Source: P.A. 92-180, eff. 7-1-02.)
(225 ILCS 458/1-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-5. Legislative intent. The intent of the General Assembly in
enacting this Act is to
evaluate the competency of persons engaged in the appraisal of real estate and
to license and regulate
those persons for the protection of the public.  Additionally, it is the intent
of the General Assembly for
this Act to be consistent with the provisions of Title XI of the federal
Financial Institutions Reform,
Recovery, and Enforcement Act of 1989.
(Source: P.A. 102-687, eff. 12-17-21.)
(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-10. Definitions. As used in this Act, unless the context
otherwise requires:
"Accredited college or university, junior college,  or community college" means a college or university, junior college, or community college that is approved or accredited by the Board of Higher Education, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.
"Address of record" means the designated street address, which may not be a post office box, recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department.
"Applicant" means a person who applies to the Department

for a license under this Act.
"Appraisal" means
(noun) the act or process of developing an opinion
of value; an
opinion of value (adjective) of or pertaining to appraising
and related functions, such as appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided pursuant to an agreement between an appraiser and a client.
"Appraisal firm" means an appraisal entity that is 100% owned and controlled by a person or persons licensed in Illinois as a certified general real estate appraiser or a certified residential real estate appraiser. "Appraisal firm" does not include an appraisal management company.
"Appraisal management company" means any corporation, limited liability company, partnership, sole proprietorship, subsidiary, unit, or other business entity that directly or indirectly: (1) provides appraisal management services to creditors or secondary mortgage market participants, including affiliates; (2) provides appraisal management services in connection with valuing the consumer's principal dwelling as security for a consumer credit transaction (including consumer credit transactions incorporated into securitizations); and (3) any appraisal management company that, within a given 12-month period, oversees an appraiser panel of 16 or more State-certified appraisers in Illinois or 25 or more State-certified or State-licensed appraisers in 2 or more jurisdictions. "Appraisal management company" includes a hybrid entity.
"Appraisal practice" means valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal or appraisal review.
"Appraisal qualification board (AQB)" means the independent board of the Appraisal Foundation, which, under the provisions of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, establishes the minimum education, experience, and examination requirements for real property appraisers to obtain a state certification or license.
"Appraisal report" means any communication, written or oral, of an appraisal or  appraisal review that is transmitted to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal, appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal
Financial Institutions
Examination Council as established by Title XI.
"Appraiser" means  a person who performs
real estate or real property
appraisals competently and in a manner that is independent, impartial, and objective.
"Appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by the appraisal management company or by the end-user client to perform appraisals as independent contractors for the appraisal management company. "Appraiser panel" includes both appraisers accepted by an appraisal management company for consideration for future appraisal assignments and appraisers engaged by an appraisal management company to perform one or more appraisals. For
the purposes of determining the size of an appraiser panel,
only independent contractors of hybrid entities shall be
counted towards the appraiser panel.
"Associate real estate trainee appraiser" means an entry-level appraiser who holds
a license of this classification under this Act with restrictions as to the scope of practice
in
accordance with this Act.
"Automated valuation model" means an automated system that is used to derive a property value through the use of available property records and various analytic methodologies such as comparable sales prices, home characteristics, and price changes.
"Board" means the Real Estate Appraisal Administration and Disciplinary Board.
"Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of each 60-minute
segment of coursework.
"Client" means the party or parties who engage an appraiser by employment or contract in a specific appraisal assignment.
"Comparative market analysis" is an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate.
"Coordinator" means the Real Estate Appraisal Coordinator created in Section 25-15.
"Department" means the Department of  Financial and Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department.
"Evaluation" means a valuation permitted by the appraisal regulations of the Federal Financial Institutions Examination Council and its federal agencies for transactions that qualify for the appraisal threshold exemption, business loan exemption, or subsequent transaction exemption.
"Federal financial institutions regulatory agencies" means the Board of
Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the
Consumer Financial Protection Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real estate-related financial
transaction in which a federal
financial institutions regulatory agency
engages in, contracts for, or
regulates and requires the services
of an appraiser.
"Financial institution" means any bank, savings bank, savings and loan
association, credit union,
mortgage broker, mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales
Finance Agency Act, or a corporate fiduciary, subsidiary, affiliate, parent
company, or holding company
of any such licensee, or any institution involved in real estate financing that
is regulated by state or
federal law.
"Hybrid entity" means an appraisal management company that hires an appraiser as an employee to perform an appraisal and engages an independent contractor to perform an appraisal.
"License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this Act.
"Licensee" means any person licensed under this Act.
"Multi-state licensing system" means a web-based platform that allows an applicant to submit the application or license renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship, corporation, limited liability company, partnership, and joint venture, foreign or domestic, except that when the context otherwise requires, the term may refer to more than one individual or other described entity.
"Real estate" means an identified parcel or tract of land, including any
improvements.
"Real estate related financial transaction" means any transaction involving:
(1) the sale, lease, purchase, investment in, or     exchange of real property, including interests in property or the financing thereof;
(2) the refinancing of real property or interests in     real property; and
(3) the use of real property or interest in property     as security for a loan or investment, including mortgage backed securities.
"Real property" means the interests, benefits, and rights inherent in the
ownership of real estate.
"Secretary" means the Secretary of  Financial and Professional Regulation or the Secretary's designee.
"State certified general real estate
appraiser" means an appraiser who holds a
license of this classification under this Act
and such classification applies to
the appraisal of all types of real property without restrictions as to
the scope of practice.
"State certified residential real estate
appraiser" means an appraiser who
holds a
license of this classification
under this Act
and such classification applies to
the appraisal of
one to 4 units of
residential real property without regard to transaction value or complexity,
but with restrictions as to the
scope of practice
in a federally related transaction in accordance with Title
XI, the provisions of USPAP,
criteria established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i)  an appraiser who holds a valid license under this Act as either a State certified general real estate appraiser or a State certified residential real estate appraiser, who co-signs an appraisal report for an associate real estate trainee appraiser or (ii) a State certified general real estate appraiser who holds a valid license under this Act who co-signs an appraisal report for a State certified residential real estate appraiser on properties other than one to 4 units of residential real property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial Institutions Reform,
Recovery, and
Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional Appraisal Practice as
promulgated by the
Appraisal Standards Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects of property value.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 458/1-12)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-12. Address of record; email address of record. All applicants and licensees shall:
(1) provide a valid address and email address to the     Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and
(2) inform the Department of any change of address of     record or email address of record within 14 days after such change through the Department's website.
(Source: P.A. 102-20, eff. 1-1-22.)