2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 441/ - Home Inspector License Act. › Article 25 - Administrative Provisions

(225 ILCS 441/Art. 25 heading)
ARTICLE 25.  
		ADMINISTRATIVE PROVISIONS
(225 ILCS 441/25-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-5. Division of Real Estate General Fund; surcharge.
(a) The Home Inspector Administration Fund is
created as a special fund in the State Treasury. Prior to July 1, 2023, all fees, fines, and
penalties received
by the Department under this Act shall be deposited into the Home Inspector
Administration Fund.
All earnings attributable to investment of funds in the Home Inspector
Administration Fund shall be credited to the Home Inspector Administration
Fund.
Subject to appropriation, the moneys in the Home Inspector
Administration Fund shall be appropriated to the Department for the expenses incurred by
the Department in the administration of this Act.
(a-5)     The Division of Real Estate General Fund is created as a special fund in the State Treasury. Beginning on July 1, 2023, all fees, fines, and penalties received by the Department under this Act shall be deposited into the Division of Real Estate General Fund. All earnings attributable to investment of funds in the Division of Real Estate General Fund shall be credited to the Division of Real Estate General Fund. Subject to appropriation, the moneys in the Division of Real Estate General Fund shall be appropriated to the Department for the expenses incurred by the Department in the administration of this Act.
(b) (Blank).
(c) (Blank).
(c-5) Moneys in the Home Inspection Administration Fund and the Division of Real Estate General 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.
(d) Upon the completion of
any audit of the Department, as prescribed by the Illinois State Auditing Act, that
includes an audit of the Home Inspector Administration Fund or the Division of Real Estate General Fund, the Department shall make
the audit report open to inspection by any interested person.
(e)    Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2023, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Home Inspector Administration Fund into the Division of Real Estate General Fund.  Upon completion of the transfer, the Home Inspector Administration Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Division of Real Estate General Fund.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 441/25-10)
Sec. 25-10. (Repealed).
(Source: P.A. 92-239, eff. 8-3-01. Repealed by P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-15. Liaison; duties. The Secretary shall appoint an employee
of the Department to:
(1) (blank);
(2) be the direct liaison between the Department, the     profession, home inspectors, and related industry organizations and associations; and
(3) prepare and circulate to licensees such     educational and informational material as the Department deems necessary for providing guidance or assistance to licensees.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/25-17)
Sec. 25-17. (Repealed).
(Source: P.A. 97-226, eff. 7-28-11. Repealed by P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/25-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-20. Powers and duties of the Department. The Department 
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.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-25. Rules. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-27)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-27. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any person to take oral or written testimony or compel the production of any books, papers, records, or any other documents the Secretary or the Secretary's designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases in the courts of this State.
(b) Any circuit court, upon the application of the licensee or the Department, may order the attendance and testimony of witnesses and the production of relevant documents, files, records, books, and papers in connection with any hearing or investigation. The circuit court may compel obedience to its order by proceedings for contempt.
(c) The Secretary or the Secretary's designee, the hearing officer, or a certified shorthand court reporter may administer oaths at any hearing the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/25-30)
(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.
(Source: P.A. 92-239, eff. 8-3-01.)