reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.740 - Unlicensed Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Licensees may utilize the services of unlicensed assistants to assist them with
				administrative, clerical or personal activities for which a license under the
				Act is not required. Compensation for unlicensed assistants cannot be
				transaction based.
b) An unlicensed
				assistant, under the supervision of a licensee, may engage in the following
				activities. This list is not intended to increase or decrease the scope of
				licensed activities.
1) Answer the telephone,
				receive inquiries, and forward messages and inquiries to a licensee;
2) Submit listing data and changes to a
				multiple listing service;
3) Follow
				up on a transaction after a contract has been signed;
4) Assemble documents for a
				closing;
5) Obtain public
				information from any government source (e.g., a courthouse, sewer district,
				water district or other repository of public information);
6) Have keys made or secure entry codes for a
				listing;
7) Draft advertising copy
				and promotional materials for approval by a licensee or, in the case of a new
				broker licensee who has not successfully completed the 45-hour post-license
				education, with the approval of the designated managing broker;
8) Place advertising;
9) Record and deposit earnest money, security
				deposits and rents at the direction of, and with approval by, the designated
				managing broker;
10) Complete
				contract forms with business and factual information at the direction and
				approval of a licensee or, in the case of a new broker licensee who has not
				successfully completed the 45-hour post-license education, with the approval of
				the designated managing broker;
11)
				Monitor licenses and personnel files;
12) Compute commission checks and perform
				bookkeeping activities;
13) Place
				signs on property;
14) Prepare and
				distribute promotional information under the direction and approval of a
				licensee or, in the case of a new broker licensee who has not successfully
				completed the 45-hour post-license education, with the approval of the
				designated managing broker;
15)
				Schedule appointments for the licensee (this does not include making phone
				calls, telemarketing or performing other activities to solicit business on
				behalf of the licensee);
16)
				Respond to questions by quoting directly from published information;
17) Sit at a property for a broker tour that
				is not open to the public;
18)
				Gather feedback on showings; and
19) Provide concierge services and other
				similar amenities to existing tenants.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.745 - Business Entity for Direct Payment of Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every sponsored licensee who forms a
				business entity as set forth in Section 10-20(e) of the Act, for the purpose of
				receiving the sponsored licensee's compensation, shall submit to the Licensing
				Section of the Division authorization to conduct or transact business in
				Illinois issued by the SOS. For purposes of this Section, a "business entity"
				shall:
1) Mean a corporation whose shares are
				solely owned by the licensee or a single member limited liability company when
				the single member is the licensee; or
2) Be a business entity owned together by the
				licensee and the licensee's spouse, provided that the licensee and the
				licensee's spouse are both sponsored by the same sponsoring broker or the
				licensee's spouse is not also licensed.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.750 - Special Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Escrow
				Moneys Defined
1) "Escrow moneys" means all
				moneys, promissory notes or any other type or manner of legal tender or
				financial consideration deposited with any person for the mutual benefit of the
				parties to the transaction. A transaction exists once an agreement has been
				reached and an accepted real estate contract is signed, or a lease is agreed to
				by the parties. Escrow moneys include without limitation earnest moneys and
				security deposits, except those security deposits in which the person holding
				the security deposit is also the sole owner of the property being leased or
				sold and for which the security deposit is being held.
2) As set forth in the terms of a written
				agreement between a licensee and a client, such as a property management
				agreement, rent moneys paid to a licensee for transmittal to the licensee's
				client (e.g., the owner) shall not be considered to be "escrow moneys". In
				addition, other moneys held in a custodial account by a licensee for
				transmittal to a licensee's client, as set forth in the terms of a written
				agreement, such as a contract for deed, shall not be subject to this Section.
				For purposes of this Section, "in writing" or "written" can mean by physical or
				electronic means.
3) Earnest money
				constitutes escrow moneys whether in the form of personal checks, cashier's
				checks, money orders, cash or any other forms of legal tender, including
				legally recognized cryptocurrencies.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.755 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) A sponsoring
				broker shall keep, or cause to be kept, at the sponsoring broker's physical or
				virtual principal office, escrow records, transaction records, employment
				agreements and records reflecting the payment of compensation, as set forth in
				this Section.
1) Escrow Records for Each
				Interest Bearing and Non-Interest Bearing Escrow Account or Account Where
				Escrow Funds Have Been Deposited. These records shall include:
A) Journals required by Section
				1450.750(i)(1);
B) Monthly bank statements;
C) Ledgers required by Section
				1450.750(i)(2);
D) Monthly reconciliations required by
				Section
				1450.750(i)(3);
				and
E) Master Log of Escrow
				Accounts required by Section
				1450.750(i)(5).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.760 - Disclosure of Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 10-10(c) of the Act, a licensee shall
				  disclose, in writing, either physically or electronically, any compensation the
				  licensee expects to receive or that the licensee's sponsoring broker will
				  receive that arises out of a referral to any person or entity in which the
				  licensee or licensee's sponsoring broker has any interest greater than 1%. This
				  provision applies when the compensation is for the purpose of the client
				  obtaining services related to the transaction, including any financial
				  institution, insurance broker, mortgage broker, home inspector or any other
				  third party services.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.765 - Disclosure of Licensee Status

Current through Register Vol. 48, No. 28, July 12, 2024
A licensee who sells, leases or purchases any interest,
				  directly or indirectly, for purposes of Section 10-27 of the Act, must
				  disclose, in writing to all parties, the licensee's status as a licensee prior
				  to initiating a transaction when the licensee:
a) Is selling, leasing or seeking to purchase
				real estate as sole owner, tenant in common, joint tenant, or tenant by the
				entirety;
b) Holds a beneficial
				interest in a land trust selling, leasing or seeking to purchase an interest in
				the subject real estate;
c) Is a
				partner in a partnership, limited partnership or limited liability partnership
				selling, leasing or seeking to purchase an interest in the subject real
				estate;
d) Is an officer, director
				and/or shareholder of a corporation, other than a publicly traded corporation,
				selling, leasing or seeking to purchase an interest in the subject real
				estate;
e) Is a manager or member
				of a limited liability company selling, leasing or seeking to purchase an
				interest in the subject real estate; or
f) Has any direct or indirect interest in the
				subject real estate.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.770 - Brokerage Agreements and Listing Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Exclusive brokerage agreements, including
				exclusive listing agreements and exclusive buyer brokerage agreements, shall be
				in writing and shall indicate the minimum services that must be provided as set
				forth in Section 15-75 of the Act. Failure to include language in a brokerage
				agreement providing for minimum services as set forth in Section 15-75 of the
				Act or language in the brokerage agreement waiving those minimum services
				provided for in Section 15-75 of the Act will, under the definition of
				"exclusive brokerage agreement" in Section 1-10 of the Act, result in the
				brokerage agreement being considered to be non-exclusive. For purposes of this
				Section, "in writing" or "written" means physical or electronic
				writing.
b) Written buyer brokerage
				agreements, whether exclusive or non-exclusive, shall contain the following:
1) Agreed basis or amount of compensation and
				time of payment;
2) Name of the
				sponsoring broker and the buyers;
3) Signatures of the sponsoring broker and
				the buyers or an authorized signator on behalf of the buyers;
4) Duties of the buyer's broker;
				and
5) One of the following,
				clearly set forth:
A) The duration of the
				buyer brokerage agreement; or
B)
				The buyers' right to terminate the agreement annually by giving no more than 30
				days prior written notice.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.775 - Written Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				licensee shall solicit, accept or execute any contract or other document
				relating to a real estate transaction that contains any blanks with the
				intention of filling them in after the parties have signed or initialed the
				contract or other document. This shall not be construed to mean that there will
				never be a blank space on a contract or any other document.
b) No licensee shall make any addition to,
				deletion from or alteration of any signed contract or other document relating
				to a real estate transaction without the written consent or direction from all
				signatories. No licensee shall process any contract or other document that has
				been altered after being signed, unless each addition, deletion or alteration
				is signed or initialed by all signatories at the time of the addition, deletion
				or alteration.
c) A true copy of
				the original or corrected contract or other document relating to a real estate
				transaction shall be delivered within 24 hours after the time of signing or
				initialing the original or correction to the person signing or initialing the
				contract or other document.
d) All
				forms used by licensees intended to become binding real estate contracts shall
				clearly state that fact in the heading in large bold type. No licensee shall
				use a form designated Offer to Purchase when it is intended that the form shall
				be a binding real estate contract.
e) This Section applies to all written
				agreements, whether physical or electronic.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.780 - Referral Fees and Affinity Relationships

Current through Register Vol. 48, No. 28, July 12, 2024
a) No licensee may pay a referral fee to an
				unlicensed person who is not a principal to the transaction. Any person
				receiving a referral fee must be duly licensed as a residential leasing agent,
				broker or managing broker in Illinois or hold an equivalent license of another
				state or country of domicile. If the person's country of domicile does not have
				a licensing statute for licensees, then in order to receive a referral fee, the
				person must comply with the laws, if any, of the country of domicile concerning
				the practice of real estate.
b)
				Request for Referral Fee
1) No licensee may
				request a referral fee unless reasonable cause for payment of the referral fee
				exists. Reasonable cause for payment of a referral fee means:
A) An actual introduction of a client was
				made to a licensee; or
B) A
				contractual referral fee relationship exists with the
				licensee.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.785 - Rental Finding Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definition and Application
1) A rental
				finding service is any business that finds, attempts to find or offers to find,
				for any person who pays or is obligated to pay a fee or other valuable
				consideration, a unit of rental real estate or a lessee to occupy a unit of
				rental real estate not owned or leased by the rental finding service.
2) Any person, corporation, limited liability
				company, partnership, limited partnership or limited liability partnership that
				operates a rental finding service shall be considered a licensee, obtain the
				appropriate license, and comply with this Section.
3) This Section shall not apply to persons
				exempted by Section 5-20 of the Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart G - COMPENSATION AND BUSINESS PRACTICES › Section 1450.790 - Broker Price Opinions and Comparative Market Analyses

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual who is a licensed managing
				broker or broker and also a licensed appraiser as set forth in the Real Estate
				Appraiser Licensing Act of 2002 [225 ILCS 458] must include the broker's or
				managing broker's name and license number, not the appraiser's license number,
				on the initial page of the broker price opinion or comparative market
				analysis.
b) A broker or managing
				broker preparing a broker price opinion or comparative market analysis that
				does not comply with Section 10-45 of the Act is subject to discipline for:
1) False, untruthful or misleading
				statements;
2) Inadequate or
				improper preparation of a broker price opinion or comparative market analysis;
				or
3) Any violation set forth in
				Section 20-20 of the Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart H - AGENCY RELATIONSHIPS › Section 1450.800 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Licensees in receipt of confidential information must take
				  reasonable steps to safeguard that information from unauthorized
				  disclosure.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart H - AGENCY RELATIONSHIPS › Section 1450.810 - Failure to Disclose Information Not Affecting Physical Condition of Real Estate

Current through Register Vol. 48, No. 28, July 12, 2024
This Section is intended to apply to actions taken by the
				  Department under the Act and to all civil actions in Illinois. No cause of
				  action shall arise against a licensee for the failure to disclose:
a) That an occupant of the real estate was
				afflicted with Human Immunodeficiency Virus (HIV) or any other medical
				condition;
b) That the real estate
				was the site of an act or occurrence that had no effect on the physical
				condition of the property or its environment or the structures located on that
				real estate, as set forth in Section 15-20 of the Act. These acts shall
				include, but are not limited to, murder or suicide;
c) Fact situations regarding real estate that
				is not the subject of the transaction; or
d) Physical conditions located on real estate
				that is not the subject of the transaction and do not have a substantial
				adverse effect on the value of the real estate that is the subject of the
				transaction.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart H - AGENCY RELATIONSHIPS › Section 1450.820 - Dual Agency Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
A licensee shall not serve as a dual agent in any transaction
				  when the licensee, or an entity in which the licensee has or will have any
				  ownership interest, directly or indirectly, is a party to the
				  transaction.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart H - AGENCY RELATIONSHIPS › Section 1450.830 - Disclosure of Contemporaneous Offers

Current through Register Vol. 48, No. 28, July 12, 2024
"Contemporaneous offers" under Section 15-15(b) of the Act
				  shall be offers to purchase or lease on behalf of 2 or more clients represented
				  by the same designated agent for the same real estate parcel or unit that the
				  designated agent knows or has reason to know will be taken under consideration
				  by the owners or owners' representative at the same time. If there are
				  contemporaneous offers from 2 or more clients of a designated agent, the
				  designated agent shall provide written disclosure, physically or
				  electronically, to those clients and, upon request by the clients, refer the
				  clients to another designated agent.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.900 - Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
Conduct that constitutes dishonorable, unethical or
				  unprofessional conduct of a character likely to deceive, defraud or harm the
				  public includes, but is not limited to:
a) Failure to act in the best interests of a
				client.
b) Deliberately misleading
				a client as to the market value of property.
c) Failing to advertise the property pursuant
				to the terms of the listing agreement.
d) Deliberately misrepresenting to
				prospective purchasers or their agents the condition of property or the
				availability of access to show the property.
e) Purchasing or transferring property
				through an intermediary in order to conceal the purchase by the
				licensee.
f) Inducing a seller to
				list property through false representations.
g) Inducing a seller through false
				representations or false promises to transfer property to the
				licensee.
h) Taking unfair
				advantage of a client's or customer's age, disability or lack of understanding
				of the English language.
i)
				Engaging in licensed activities with the public or other real estate licensees
				in a manner that is abusive, harassing or lewd.
j) Representing oneself as a sponsoring
				broker or designated managing broker without providing actual supervision and
				management of the real estate entity or licensees.
k) Failing to reasonably safeguard
				confidential information or improperly using confidential
				information.
l) Obstructing an
				inspection, audit, investigation, examination or disciplinary
				proceeding.
m) Violation of Section
				1450.750
				(Special Accounts).
n) Assisting or
				inducing a licensee or unlicensed individual to violate the Act or this
				Part.
o) Any conduct constituting a
				breach of duty to the client causing harm to the client in the future. In
				establishing harm, the Department need not prove actual economic damage to the
				client.
p) Use of a managing broker
				license to permit or enable a broker, residential leasing agent, or other
				individual to operate or manage a licensed real estate entity without actual
				participation in and control of that entity by the designated managing
				broker.
q) Accessing a property or
				granting permission to access a property without proper
				authorization.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.905 - Temporary Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary may temporarily suspend a license without a
				  hearing, simultaneously with the institution of proceedings for a hearing
				  provided for in Section 20-60 of the Act, if the Secretary finds evidence
				  indicating that the public interest, safety or welfare imperatively requires
				  emergency action. Emergency action is imperative when a licensee's conduct
				  poses a threat that the public's or another licensee's money or other property
				  will be stolen or embezzled or that continued licensure of a licensee will be a
				  threat to the safety of the public or another licensee.
a) The Department may consider any one or
				more of the following acts committed by a licensee as cause for temporary
				suspension, including, but not limited to:
1)
				Failure to account for or to remit any moneys or documents that belong to
				others as set forth in Section 20-20(a)(16) of the Act;
2) Failure to maintain and deposit in a
				special or escrow account, separate and apart from personal and other business
				accounts, all escrow moneys belonging to others entrusted to a designated
				managing broker or sponsoring broker while acting as a licensee, escrow agent
				or temporary custodian of the funds of others, as set forth in Section
				20-20(a)(17) of the Act;
3) Failure
				to make escrow records and related documents for the immediately preceding 2
				years available, within 24 hours after request, to the Division during normal
				business hours pursuant to Section 20-20(a)(18) of the Act and Section
				1450.755. This
				action alone may not be sufficient grounds for a temporary
				suspension;
4) Failure to make
				escrow records and related documents more than 2 years old available, within 30
				days after request, to the Division during normal business hours, in physical
				or electronic form, as set forth in Section 20-20(a)(27) of the Act and Section
				1450.755; or
5) Commingling money
				or property of others with the licensee's own money or property, as set forth
				in Section 20-20(a)(22) of the Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.910 - Non-Disciplinary Action

Current through Register Vol. 48, No. 28, July 12, 2024
Non-disciplinary action may include, but is not limited
				  to:
a) Issuance of a citation for
				failure to complete, or untimely completion of, required CE;
b) Restricting a licensee's access to escrow
				funds;
c) Requiring the successful
				completion of licensed real estate courses, including courses for those
				licensees who would otherwise not be required by Section 5-70 of the Act to
				complete CE;
d) Requiring the
				licensee to provide any report, record or document regarding licensed
				activities the Department deems relevant and appropriate;
e) Imposition of an administrative fee;
				or
f) Requiring a mental or
				physical examination required by Section 20-20 of the Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.915 - Suspension or Revocation of a Sponsoring Broker or Designated Managing Broker License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Suspension or
				Revocation of Sponsoring Broker
Upon the effective date of a suspension or revocation of the
				  license of a sponsoring broker or sole proprietorship:
1) The licenses of all sponsored licensees
				automatically become inactive. Each managing broker licensee may resume
				licensed activities only upon securing a new sponsorship, either as a
				self-sponsored managing broker or by another sponsoring broker. Each broker or
				residential leasing agent may resume licensed activities only upon securing a
				sponsorship with another sponsoring broker.
2) Suspensions or revocations of a sponsoring
				broker shall not have an effect on the enforceability of any pending, executed
				real estate contracts.
A) The sponsoring
				broker whose license has been suspended or revoked shall send a written notice,
				in physical or electronic form, to all clients with a pending, executed real
				estate contract stating that the sponsoring broker's license has been suspended
				or revoked and that the suspension or revocation shall not have an effect on
				any pending, executed real estate contracts. The notice shall also identify the
				name, address, email and telephone number of the person in control of the
				escrow money. To the extent clients require additional real estate services,
				the notice shall provide that the clients may seek real estate services from
				another sponsoring broker.
B) A
				suspension or revocation shall not preclude the receipt of any commission or
				other compensation earned by the suspended or revoked sponsoring broker or
				other formerly sponsored licensee prior to the effective date of the suspension
				or revocation of the sponsoring broker.
3) A broker shall not be entitled to
				compensation if the suspension or revocation directly relates to the
				transaction for which the compensation was earned. If the broker already
				received compensation related to the transaction leading to the suspension or
				revocation of the license, the Department or Board may consider that fact when
				imposing discipline.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.920 - Inspections and Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Inspections
1) The Division is authorized to
				inspect areas of a sponsoring broker's office that are open and generally
				available to the public at any time during normal business hours, with or
				without the sponsoring broker's consent. The Division, with at least 24 hours
				notice, may conduct a visual and physical inspection of the non-public areas of
				a sponsoring broker's office and interview any person, including any licensee
				or non-licensee, who may have knowledge or information about the licensee's
				real estate practice, with or without the consent of either the sponsoring
				broker or designated managing broker. The licensee may have an attorney
				present. The Division's action will not be postponed due to a licensee's
				attorney's unreasonable delay.
2)
				The Division is authorized to inspect a virtual office of the sponsoring
				broker, with or without the sponsoring broker's consent. The Division, with at
				least 24 hours notice, may conduct an inspection of the digital infrastructure
				and all electronic records in the sponsoring broker's virtual office, and
				interview any person, including any licensee or non-licensee who may have
				knowledge or information about the licensee's real estate practice, with or
				without consent of either the sponsoring broker or designated managing broker.
				The licensee may have an attorney present. The Division's action will not be
				postponed due to a licensee's attorney's unreasonable delay.
3) Upon any written or oral request by the
				Division for documents in physical or electronic form, a licensee shall, except
				as otherwise allowed by subsection (b), produce the requested documents within
				30 days after the request.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.930 - Case File Review Committee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Division and the Board may appoint a Case File Review Committee that shall be
				composed of at least 2 members of the Board, the Real Estate Coordinator, the
				Real Estate Chief of Investigations and the Real Estate Chief of Prosecutions
				or their designees. The Case File Review Committee members may take action set
				forth in this Section in person or through other means of
				communication.
b) The Case File
				Review Committee may exercise the following duties and responsibilities:
1) Recommend whether a complaint or case file
				be closed or refer the file to Investigations or Prosecutions for further
				review and action.
2) Review
				reports and files submitted to the Case File Review Committee; and
3) Request and review any investigation or
				prosecution files that the Department may have closed.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.935 - Peer Review Advisor

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 25-21 of the Act, the Department may, in its discretion, contract
				with a licensee to act as an advisor to the Department regarding public
				complaints and alleged violations forwarded by the Department to the Peer
				Review Advisor.
b) The Department
				shall not be bound by any recommendation or advice provided by a Peer Review
				Advisor.
c) The Department shall
				only refer matters to the Peer Review Advisor that involve the actions of an
				unlicensed person or a licensee at the same or lower level of licensure held by
				the Peer Review Advisor.
d) The
				Peer Review Advisor shall issue any recommendation or findings to the
				Department in writing unless expressly waived by the Department.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.940 - Rules of Practice in Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Financial and Professional Regulation Rules
				  of Practice in Administrative Hearings (68 Ill. Adm. Code 1110) shall apply to
				  all Department administrative hearings.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart I - DISCIPLINE RULES AND PROCEDURES › Section 1450.945 - Real Estate Recovery Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Necessity of Notice
When any person obtains a judgment in a circuit court that
				  may result in collection from the Real Estate Recovery Fund, that person shall
				  notify the Department of the judgment in writing within 30 days after the entry
				  of the judgment.
b)
				Aggrieved Person
"Aggrieved person", as used in Sections 20-85, 20-90 and
				  20-105 of the Act, means a person who has suffered harm or other injury as a
				  result of the act or omission of a licensee or an unlicensed employee of a
				  licensee in connection with licensed activities, including licensees who are a
				  principal to the transaction but are not providing licensed activities in the
				  transaction, as set forth in the Act.
c) Place and Manner of Notice
Notice required by Section 20-90 of the Act or by this
				  Section shall be sent by certified mail, return receipt requested, by a
				  recognized overnight courier service, or shall be delivered by hand to the
				  office of the Department in Chicago, Illinois, Attention: General
				  Counsel.
d) Contents of
				Notice
Every notice required by Section 20-90 of the Act or by this
				  Section shall include:
1) Copies of
				the following documents provided by the aggrieved parties:
A) The complaint and any amended complaints
				showing the "Filed" stamp of the Clerk of the Court in which the complaint was
				filed;
B) The judgment order and
				any post-judgment orders entered by the Court; and
C) Notice of all supplementary proceedings,
				which notice shall be provided to the Department at least 20 days prior to any
				such proceedings.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart J - GRANTING VARIANCES › Section 1450.1000 - Granting Variances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director may grant variances from this Part in cases in which the Director
				finds that:
1) The provision from which the
				variance is granted is not statutorily mandated;
2) No party will be injured by the granting
				of the variance; and
3) Application
				of the rule from which the variance is granted would, in the particular case,
				be unreasonable or unnecessarily burdensome.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1100 - Application for Education Provider License and Other Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person or
				entity seeking to provide pre-license education, the 45-hour post-license
				education, or CE shall submit:
1) A signed
				and completed education provider's application in a format provided by the
				Division;
2) The required fee set
				forth in Section
				1450.130;
3) A course description, learning objectives,
				comprehensive timed outline and, when applicable, the final examination, answer
				key for each course, and final exam proctor policy; and any other information
				required by the Division;
4)
				Applications and fees for each course, as set forth in Sections
				1450.1105(a)
				and
				1450.1135(a);
				and
5) Authorization to conduct or
				transact business in Illinois issued by the SOS.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1105 - Application for Pre-License and Post-License Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensed education provider seeking to
				provide pre-license courses shall submit for each course:
1) A signed and completed pre-license course
				application in a format provided by the Division;
2) The fee required by Section
				1450.130; and
3) A course description, comprehensive timed
				outline, and, when applicable, final examination, answer key for each course,
				final exam proctor policy, and any other information required by the Division.
				Each outline shall make reference to the textbook used and other material
				related to the course or subject matter and shall conform to the standardized
				curriculum provided by the Division. The applicant shall make any education
				material referenced in the outline available to the Division, upon
				request.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1110 - Application for Education Provider and Course License Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Education
				provider and course licenses shall expire on June 30 of each odd-numbered
				year.
b) Licensed education
				providers shall be responsible for submitting:
1) A renewal application in a format provided
				by the Division;
2) The required
				fee set forth in Section
				1450.130; and
3) A list of updated courses, course
				descriptions, comprehensive timed outlines, proctored final examinations,
				answer keys, and any other information required by the
				Division.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1115 - Application for Pre-License Instructor License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person seeking a pre-license instructor
				license shall meet the following requirements:
1) Pass an examination, authorized by the
				Division, with a minimum score of 75%;
2) Demonstrate expertise by:
A) Holding an active broker or managing
				broker license for the immediately preceding 2 years;
B) Being admitted to the practice of law by
				the Supreme Court of Illinois;
C)
				Having prior teaching experience for a minimum period of 2 years; or
D) Professional background and
				experience.
3) Complete a
				12-hour instructor training program approved by the Division and comprised of:
A) 6 hours devoted to instructor training and
				development; and
B) 6 hours devoted
				to teaching the content of the pre-license courses set forth in Section
				1450.1105.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1120 - Administration of Proficiency Examinations and Eligibility to Take the Proficiency Exam and Transition Courses (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1125 - Pre-License Instructor License Renewal and Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pre-license instructor licenses shall
				expire on June 30 of each odd-numbered year.
b) Licensed pre-license instructors shall be
				responsible for submitting:
1) A renewal
				application in a format provided by the Division;
2) The required fee set forth in Section
				1450.130; and
3) Certification of:
A) Maintaining a valid pre-license
				instructor's license;
B) No lapse
				in licensure greater than 2 years; and
C) One of the following:
i) Teaching at least one pre-license,
				post-license, broker management CE or core CE course during the current term of
				licensure; or
ii) Successful
				completion, during the current term of licensure, of the 12-hour instructor
				training program set forth in Section
				1450.1115(a)(3).
				The 12-hour instructor training program shall not count towards the required
				residential leasing agent, broker or managing broker CE
				requirements.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1130 - Application for Continuing Education School License and Other Requirements (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1135 - Application for Continuing Education Courses and Curriculum

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensed
				education provider seeking to provide CE courses shall submit:
1) A signed and completed CE course
				application in a format provided by the Division;
2) The required fee set forth in Section
				1450.130; and
3) A course description, learning objectives,
				comprehensive timed outline, course objectives and, when required, the final
				examination and answer key for each course, as well as the exam proctor policy
				and written proctor agreement. Materials provided to the students and other
				information may also be required by the Division. Each outline shall make
				reference to the textbook used, if applicable, and other material related to
				the course or subject matter, and shall conform to a standardized curriculum
				approved by the Division.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1137 - Authorization for Third Party Designees to Review Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 30-15(j) of the Act,
				the Department may retain a third party to act as the Board's designee to
				review course materials submitted for approval.
b) The Department may consider the
				recommendation of the Board on the engagement of the third party.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1140 - Application for Continuing Education School and Course License Renewal (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1145 - Application for Continuing Education Instructor License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person seeking a CE instructor license
				shall submit:
1) A signed and completed
				application in a format provided by the Division;
2) The required fee set forth in Section
				1450.130; and
3) A certification that the applicant has
				attended and successfully completed a 6-hour instructor development course.
				This course may be the same as the 6-hour instructor training and development
				course set forth in Section
				1450.1115(a)(3)(A).
				The 6-hour instructor training and development course shall not count towards
				residential leasing agent, broker, managing broker CE or pre-license instructor
				renewal requirements.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1150 - Continuing Education Instructor License Renewal and Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
a) CE instructor
				licenses shall expire on June 30 of each odd-numbered year.
b) Licensed CE instructors shall be
				responsible for submitting:
1) A renewal
				application in a format provided by the Division;
2) The required fee set forth in Section
				1450.130; and
3) One of the following:
A) Certification of having taught at least 1
				elective CE course during the current term of licensure; or
B) Successful completion, during the current
				term of licensure, of the 6-hour instructor training and development course set
				forth in Section
				1450.1145(a).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1155 - Correspondence or Home Study Courses

Current through Register Vol. 48, No. 28, July 12, 2024
The Division may consider the recommendation of the Board
				  regarding correspondence or home study course curriculum. Correspondence or
				  home study courses are non-interactive courses in which students review and
				  learn material through self-study, without any mandatory interaction with a
				  licensed instructor, and in which participation and attendance cannot be
				  verified. Correspondence or home study courses shall not include classroom
				  instruction.
a) The following may not
				be taught as correspondence or home study courses:
1) Core CE (see Section 30-15(i)(2) of the
				Act);
2) The 15-hour Broker
				Pre-license Applied Real Estate Principles course (see Section 5-27(a)(5) of
				the Act and Section
				1450.1105(b)(2));
3) The 45-hour broker post-license education
				courses (see Section 5-50(b) of the Act);
4) The 12-hour broker management CE course
				(see Section 5-70(b) of the Act);
5) The 15-hour Managing Broker Pre-license
				Applied Management and Supervision course (see Section 5-28(a)(5) of the Act
				and Section
				1450.1105(d)(2));
				and
6) Sexual Harassment Prevention
				Training (see Section 2105-15.5 of the Department of Professional Regulation
				Law [20 ILCS 2105]).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1160 - Recruitment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Licensees shall
				not recruit exam takers to become associated with a licensee at test facilities
				where the Illinois Real Estate Licensing Examinations are conducted.
b) No licensed education providers shall
				allow the education provider's premises or classrooms to be used during class
				time by anyone to directly or indirectly recruit students to become associated
				with a licensee. Education providers and instructors shall promptly report any
				efforts to recruit students during class time to the Division.
c) The education provider and the testing
				vendor are prohibited from disclosing information about any student to anyone
				other than the Division, except as may be necessary for purposes of completing
				application or testing related and ministerial matters strictly for the benefit
				of the student.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1175 - Waiver of Final Examination Requirements for Certain Education Delivery Methods

Current through Register Vol. 48, No. 28, July 12, 2024
a) The option of
				not requiring a final examination (see Section 30-15(i)(5) of the Act) shall
				apply to CE and pre-license courses. This option shall not apply to the 45-hour
				broker post-license education (see Section 5-50(b) of the Act).
b) To qualify for the final examination
				exemption under Section 30-15(i)(5) of the Act, an education provider shall
				provide evidence, at the Division's request, that all students in a course
				offered in a classroom participate by:
1)
				Recording each student's attendance at the beginning of the class and at the
				end of each class; and
2) Retaining
				a record, either physically or electronically, of each student's participation,
				for a minimum of 5 years. Records required by this subsection (b) are subject
				to audit by the Division after 24 hours notice.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1450 - REAL ESTATE LICENSE ACT OF 2000 › Subpart K - EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL › Section 1450.1180 - Proctor Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The proctor shall authenticate the identity of the student
				  taking the examination; monitor the student and the examination-taking process
				  to ensure that the examination is completed without the aid of additional
				  persons or resources, unless approved by the Division; and protect the
				  confidentiality of educational materials. Proctors must be impartial third
				  parties and may not be an applicant's or licensee's sponsoring broker, managing
				  broker, relative, or colleague.