reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.190 - Mailing Address of Record and Email Address of Record

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 2105-7 of the Civil Administrative Code
				  of Illinois [ 20 ILCS 2105 ], all applicants and licensees shall:
a) provide a valid mailing address and email
				address to the Department, which shall serve as the mailing address of record
				and/or email address of record, respectively, at the time of application for
				licensure or renewal of a license; and
b) inform the Division, through electonic
				means, of any change to the mailing address of record and/or email address of
				record within 14 days after the change. A licensee who fails to notify the
				Division of any address change shall be responsible for any failure to comply
				with any notice sent to the licensee by the Division to the extent it may
				affect his or her license status or penalties assessed by the
				Division.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.210 - Assumed Name

Current through Register Vol. 48, No. 28, July 12, 2024
If a licensee operates under any name other than that
				  appearing on his or her license, he or she shall submit to the Division a
				  certified copy of his or her registration under the Assumed Business Name Act
				  [805 ILCS 405 ] at the time of application or within 30 days after
				  registration.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.220 - Supervisory Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) A sponsoring
				auctioneer, auction firm and managing auctioneer shall have the duty and be
				responsible to supervise, manage, and control any licensed auctioneer sponsored
				or managed by the sponsoring auctioneer, auction firm or managing auctioneer
				while conducting an auction, acting as an auctioneer or providing an auction
				service. In addition, a sponsoring auctioneer, auction firm and managing
				auctioneer shall have the duty and be responsible to supervise, manage, and
				control any unlicensed agent or employee while conducting an auction, acting as
				an auctioneer or providing an auction service. Any violation of the Act by a
				licensed or unlicensed employee or agent of a sponsoring auctioneer, auction
				firm or managing auctioneer shall be deemed to be a violation by the sponsoring
				auctioneer, auction firm or managing auctioneer.
b) Only the managing and/or sponsoring
				auctioneer shall execute and issue a 45 Day Permit Sponsor Card and terminate a
				sponsored licensee's license.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.230 - Advertising; Buyer Premium; Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all advertising for a specific auction
				(including any print advertising, classified ads, display ads, sale bills,
				brochures, internet advertising, calendar ads and line ads paid for by a
				licensee or seller, and websites), a licensee shall clearly disclose the name
				of the sponsoring auctioneer or the sponsoring auctioneer's properly registered
				assumed business name. The name of a sponsored auctioneer may be included in
				the advertisement.
b) The
				disclosure requirements in subsection (a) do not apply to radio and television
				advertisements, institutional advertising, signs or calendars run by any
				publication for which payment is not made by a licensee or seller.
c) A licensee shall conspicuously post or
				deliver to all registered participants the complete terms and conditions of the
				auction. The licensee shall clearly announce before the auction the material
				terms and conditions necessary to understand the procedures for the auction,
				including but not limited to payment terms and removal and any changes to the
				posted or delivered terms and conditions. The terms and conditions shall
				include the material information necessary to understand the procedures for the
				auction, expressly including payment terms, and, if applicable, buyer
				registration and buyer premium charges.
d) If a licensee conducts an auction or
				provides an auction service in which a buyer premium is charged or collected,
				the licensee shall clearly disclose on any advertisement that there is a buyer
				premium charge and the terms of the buyer premium.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.240 - Unlicensed Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				unlicensed assistant shall include, but not be limited to, clerks, cashiers,
				clerical assistants, ring assistants and laborers.
b) An unlicensed assistant may, while under
				the direct supervision of, the sponsoring and/or managing auctioneer:
1) prepare, track and document information
				during the course of an auction, such as a description of the property being
				sold or leased, the buyer of the property, and the price bid and accepted on
				the property;
2) collect, accept,
				record and deposit moneys received from the sale or lease of property at an
				auction;
3) prepare, track, compute
				and document on forms (e.g., settlement sheets) information from the sale or
				lease of property at an auction and disburse funds to sellers;
4) secure and assemble documents and
				information for an auction contract and complete contract forms at the
				direction of the sponsoring and/or managing auctioneer;
5) draft and distribute advertising copy,
				fliers and promotional materials for an auction at the direction of the
				sponsoring and/or managing auctioneer;
6) perform bookkeeping activities;
7) monitor licenses and personnel files of
				licensed and unlicensed employees and agents;
8) acknowledge a bid from a member of the
				audience during the sale or lease of property at an auction and convey the bid
				to the auctioneer, but only the auctioneer may accept such bid for the sale or
				lease of property at an auction; and
9) move, handle and set up property to be
				sold or leased at auction at the direction of, and under the supervision of,
				the sponsoring and/or managing auctioneer.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.250 - Felony Convictions; Discipline of Other Professional License; Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				licensee who has a license issued pursuant to the Act or this Part shall notify
				the Division in writing within 30 days from the date of conviction for any
				crime described by Section 20-15(3) of the Act. In addition to the notice, the
				licensee shall provide to the Division the court record and documents involved
				with the conviction or other information as required by the Division to
				determine fitness for licensure.
b)
				A licensee who has had another license disciplined pursuant to Section 20-15(5)
				of the Act shall notify the Division in writing within 30 days after any
				adverse final order. In addition to the notice, the licensee shall provide to
				the Division the record and/or documents involved with the disciplinary action
				or other information as required by the Division to determine fitness for
				licensure.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.260 - Advertising; Auction without Reserve; Absolute Auction

Current through Register Vol. 48, No. 28, July 12, 2024
a) No advertisement or announcement for an
				"absolute auction" or "auction without reserve" shall include any terms or
				language regarding a minimum bid or minimum price.
b) No advertisement or announcement for an
				"absolute auction" or "auction without reserve" shall be issued unless:
1) there are no liens or encumbrances on the
				property to be sold other than current tax obligations, easements, or
				restrictions of record to any person other than the seller, unless every holder
				of each lien or encumbrance provides the auctioneer written evidence of a
				binding commitment that the liens or encumbrances shall be released immediately
				after the sale or at closing, without regard to the amount of the highest bid
				on the property or the identity of the high bidder; and
2) within the auction contract there is a
				binding written requirement that the seller, or agent of the seller, shall
				accept the highest bid, and transfer ownership of the property, without regard
				to the amount of the highest bid or the identity of the high bidder, and that
				the seller, or agent of the seller, shall not bid at the "absolute auction" or
				"auction without reserve", or otherwise participate in the bidding
				process.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.270 - Escrow or Trust Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				the purposes of the Act and this Part "escrow monies" means all monies,
				promissory note, legal tender or financial consideration entrusted to, held by,
				and deposited with an auctioneer or auction firm in consideration of property
				sold or leased by the auctioneer or auction firm for the benefit of the parties
				to the transaction.
b) Pursuant to
				Section 20-15 of the Act, licensees who accept escrow monies shall maintain and
				deposit in a special account, separate and apart from any personal or ordinary
				business accounts, all monies entrusted to the licensee while acting as an
				auctioneer, while conducting an auction or providing an auction
				service.
c) A licensee may maintain
				more than one special account or may elect to hold all escrow monies in one
				special account. A licensee who accepts escrow monies shall maintain a special
				account, and shall maintain a bookkeeping system in his or her office or place
				of business, including systems of electronic data processing, consisting of the
				following:
1) A record book, called a
				journal, for each special account, that shall show the chronological sequence
				in which escrow monies were received and disbursed by the licensee and a
				running balance after each entry;
2) For each auction, a deal file which
				contains clerk sheets and settlement sheets that correspond to journal
				entries;
3) A record or account
				ledger (e.g., check ledger) that shall show the date, amount of monies
				deposited into the special account, and date, amount and payee of any money
				disbursed from the special account; and
4) Bank statements for each special account
				shall be reconciled monthly within 10 days after the receipt of the bank
				statement, except where there has been no transactional activity during the
				previous month. The reconciliation shall include a written work sheet comparing
				the balances as shown on the bank statement, the journal and the ledger,
				respectively, in order to insure agreement between the special account and the
				journal and the ledger entries with respect to the special account. Each
				reconciliation shall be kept for at least three years from the last day of the
				month covered by the reconciliation.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart B - AUCTION LICENSE › Section 1440.280 - Termination for Failure to Pay Taxes, Child Support or Student Loan

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Division
				receives information that a licensee who has been issued a license under the
				Act has failed to pay or is more than 30 days in arrearage on taxes, court
				ordered child support or a student loan pursuant to Section 20-20 of the Act,
				the Division shall notify a licensee that his or her license will be
				automatically terminated in 30 days from the date of the notice, unless the
				appropriate administering agency provides to the Division information and proof
				that the licensee has corrected the failure to pay the arrearage.
b) The licensee may request a hearing on the
				termination, but the hearing shall be limited to the presentation of evidence
				on the issues of mistaken identity, proof that the respondent has entered into
				a payment plan or that the debt has been discharged in bankruptcy.
c) The Division and the Board shall not hear
				evidence as to whether a licensee has failed to pay or is in arrearage on the
				payments. The responsibility for the hearing of evidence is with the
				appropriate administering agency.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.300 - Continuing Education Schools Approval and License

Current through Register Vol. 48, No. 28, July 12, 2024
Approval of continuing education (CE) schools. Those entities
				  seeking approval as CE schools shall maintain an office for maintenance of all
				  records, office equipment and office space necessary for customer
				  service.
a) The CE school's office may
				be subject to inspection by authorized representatives of the Division during
				regular working hours and upon at least 24 hours' notice when the Division has
				reason to believe that there is not full compliance with the Act or this Part
				and that this inspection is necessary to ensure full compliance.
b) The Division shall be reimbursed by any
				out-of-state CE school for all reasonable expenses incurred by the inspector in
				the course of the inspection.
c)
				Entities seeking approval as CE schools shall file a CE school application, on
				forms provided by the Division, along with the required fee. The application
				shall include the following:
1) An agreement
				by the applicant that the applicant shall provide to the Division, upon
				request, a schedule including location, date, time and name of instructor of
				each CE course to be offered;
2)
				The CE school's certification:
A) that the
				content areas of all CE courses offered by the CE school for CE credit will
				conform to those listed in this Part;
B) that all CE courses offered by the CE
				school for CE credit will comply with the criteria in this Section;
C) the CE school will be responsible for
				verifying attendance at each CE course and providing a certificate of
				completion signed by the CE school on forms provided by the Division. Further,
				that the school will maintain these records for not less than 5 years and shall
				make these records available for inspection by the Division during regular
				business hours;
D) that, upon
				request by the Division, the CE school will submit evidence as is necessary to
				establish compliance with this Section. The evidence shall be required when the
				Division has reason to believe that there is not full compliance with the Act
				and this Part and that this information is necessary to ensure
				compliance;
E) that the CE school
				will only offer CE, other than self-study CE, in an environment that is
				conducive to learning (i.e., adequate lighting, seating) and does not
				jeopardize the health, safety, and welfare of the attendees; and
F) that financial resources are available to
				equip and maintain its office in a manner necessary to enable the CE school to
				comply with this Section and this Part, documented by a current balance sheet,
				an income statement or any similar evidence requested by the
				Division.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.310 - Continuing Education

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Continuing Education Requirements
1) In
				accordance with Section 10-30 of the Act, during each pre-renewal period, prior
				to the expiration date of the license, each auctioneer who makes application to
				renew his or her license must successfully complete 12 hours of auction
				continuing education courses approved by the Division from a school reviewed by
				the Board and approved by the Division.
2) Auctioneers licensed in Illinois but
				residing and practicing in other states shall comply with the CE requirements
				set forth in this Section, unless they are exempt pursuant to Section 10-30 of
				the Act and this Section.
3) The
				Division will conduct internal audits of its records to verify compliance with
				this Section.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.320 - Expiration and Renewal for Continuing Education Schools and Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every continuing
				education school and course license shall expire on December 31 of each odd
				numbered year.
b) Each licensed CE
				school shall be responsible for renewal of the CE school and course license on
				forms provided by the Division. Failure to receive a renewal form shall not
				constitute a valid reason for failure to pay the renewal fee or to renew the
				appropriate license.
c) The
				applicable fees shall be those set forth in Section
				1440.170 of this
				Part.
d) Operation of a CE school
				on an expired or inoperative license shall constitute the unlicensed or
				unauthorized practice and shall be grounds for discipline pursuant to Section
				20-15 of the Act.
e) Any continuing
				education school whose license under the Act has expired for more than two
				years shall not be eligible to renew its license and must make an initial
				application in accordance with the Act and this Part.
f) Any CE school whose license has expired
				for less than two years may renew the license at any time by complying with the
				requirements of the Act and this Part, making application and paying the
				required fees and penalties.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.330 - Distance Education Programs

Current through Register Vol. 48, No. 28, July 12, 2024
Distance education programs shall be affiliated with an
				  approved school and meet the curriculum requirements set forth in Section
				  1440.310 of
				  this Part, as applicable. Distance education programs means those courses
				  designed to be taken by means other than attendance in a classroom, e.g.,
				  internet courses or correspondence/home study type courses.
a) The program shall be approved by the
				Division in accordance with Section 30-10 of the Act, and the approved school
				shall:
1) Maintain a brief description of each
				lesson;
2) Maintain a list of
				titles, authors, publishers, and copyright dates of all instructional
				materials;
3) Require minimum
				passing scores for all examinations of no less than 70%.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.340 - Class Attendance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Attendance at all classes is mandatory;
				however, credit for absences not to exceed 10% of the class hours may be made
				up by attendance at make-up classes as provided in subsection (b). Absences in
				excess of 10% of class hours shall result in failure of the course.
b) Each school shall provide time and
				facilities for conducting make-up classes for students who were absent from the
				regularly scheduled class period.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.350 - Withdrawal of Approval of School and Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written recommendation of the Board,
				the Division shall withdraw the approval of the continuing education school or
				course when the quality of the program fails to continue to meet the
				established criteria set forth in this Part or if approval of the school or
				program was based upon false or deceptive information.
b) If the Board has reason to believe there
				has been any fraud, dishonesty, or lack of integrity in the furnishing of any
				documentation for the evaluation of a school or program, it shall refer the
				matter for investigation and any disciplinary action that might be appropriate
				under the Act and this Part.
c) A
				CE school whose program or courses are being reconsidered shall be given at
				least 30 days written notice prior to any reconsideration by the Board. The
				officials in charge may either submit written comments or request a hearing
				before the Board.
d) In the event
				the auction license of the administrator of an approved school is suspended or
				revoked, the school approval shall automatically be rescinded.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1440 - AUCTION LICENSE ACT › Subpart C - CONTINUING EDUCATION › Section 1440.360 - Discipline of Schools

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
				recommendation of the Board to the Secretary, the Division may refuse to issue
				or renew a license, reprimand, fine, withdraw approval, place on probation,
				suspend, or revoke any license or otherwise discipline any license of any
				school, or applicant for the license, and may impose a civil penalty not to
				exceed $10,000 upon a licensee, when at any time:
1) The quality of the course, instruction or
				program fails to meet the established criteria set forth in the Act and this
				Part.
2) If the license approval
				was based upon false or deceptive information.
3) If any other professional license,
				accreditation, or certification by the Division of the school is suspended,
				revoked, or otherwise disciplined.
4) When the applicant or licensee has:
A) subverted or attempted to subvert the
				integrity of any exam or course, including through improper reproduction of an
				exam, providing an answer key to an exam, cheating, bribery or otherwise, or
				aids and abets an applicant or licensee to subvert the integrity of any exam or
				course;
B) made any substantial
				misrepresentation or misleading or untruthful advertising, including without
				limitation guaranteeing success or a "pass score" on any exam or in any course
				or using any trade name or insignia of membership in any educational or any
				auction organization of which the applicant or licensee is not a
				member;
C) offered auction courses
				without utilizing qualified instructors;
D) failed to provide information to the
				Division as required under any provision of the Act or this Part; or
E) disregarded or violated any provisions of
				the Act or this Part.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.15 - Information Required From Licensee or Applicant

Current through Register Vol. 48, No. 28, July 12, 2024
a) Address of Record and Email Address of
			 Record
1) Pursuant to Section 2105-7 of the
			 Civil Administrative Code of Illinois [20 ILCS 2105
			 ], all applicants and licensees shall:
A)
			 Provide to the Division a valid address, which shall not be a post office box,
			 and a valid email address, 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
B) Inform
			 the Division, in a format and manner prescribed by the Division, within 14 days
			 after any change, in the address of record or email address of
			 record.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.30 - Application for Licensure as a Community Association Manager

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant for
			 a license as a Community Association Manager shall file an application, on
			 forms supplied by the Division, that includes the following:
1) verification that the applicant is at
			 least 18 years of age;
2)
			 successful completion of a 4-year course of study in a high school, secondary
			 school, or an equivalent course of study approved by the state in which the
			 school is located, or possession of a high school equivalency certificate,
			 which shall be verified under oath by the applicant.
3) satisfactory evidence of having completed
			 at least 20 hours in community association management courses as set forth in
			 Section 1445.40;
4) successful completion of the examination
			 in Section 1445.50; and
5) the fee required by Section
			 1445.100;
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.35 - Community Association Management Firms

Current through Register Vol. 48, No. 28, July 12, 2024
a) It shall be unlawful for persons to render
			 community association management services in this State in the form of a
			 corporation, limited liability company, partnership, limited partnership or
			 limited liability partnership in accordance with Section 50 of the Act unless
			 the person holds a community association management firm license. A Community
			 Association Management Firm seeking a license shall file an application with
			 the Department, on forms provided by the Department, together with the
			 following:
1) If an assumed name is to be
			 used, a certified copy of the assumed name certificate, pursuant to the Assumed
			 Business Name Act [805 ILCS 405 ];
2) A Federal Employer Identification Number
			 (FEIN);
3) A properly completed
			 Community Association Management Firm information form;
4) The fee required by Section
			 1445.100(a)(3);
			 and
5) Evidence that the Community
			 Association Management Firm has a licensed and designated Community Association
			 Manager.
6) The application form
			 prescribed by the Department for initial licensure and renewal of licensure
			 will require all applicants to provide the following information:
A) whether the applicant is custodian of
			 Association Accounts;
B) the
			 average number of Association Accounts the applicant handles as a custodian
			 during the most recent calendar year; and
C) whether the applicant maintains
			 crime/fidelity insurance for such Association Accounts the applicant handles as
			 custodian.
7) If a
			 Community Association Management Firm maintains multiple offices under a single
			 Community Association Management Firm license, the address of record and email
			 address of record for all offices so maintained and a certification that the
			 Community Association Management Firm's designated Community Association
			 Manager shall assume all responsibilities and perform all duties required of a
			 designated Community Association Manager for all offices maintained by the
			 Community Association Management Firm.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.40 - Pre-license Education

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant for a license as a Community Association Manager
				shall provide evidence of successful completion of a minimum of 20 credit hours
				in community association management coursework as follows:
a) All community association manager
			 applicants must satisfactorily complete a minimum of 20 pre-licensing credit
			 hours of instruction approved by the Division during the 24 months immediately
			 preceding the date the licensure examination is taken and passed. No applicant
			 shall be allowed to take the licensure examination unless the applicant
			 provides satisfactory evidence of completion of the requisite education. Each
			 hour shall consist of at least 50 minutes of instruction.
b) The 20 credit hours of education shall be
			 comprised of courses in the following areas:
1) State and federal laws relating to the
			 operation of all types of community associations, governing documents, and
			 State laws relating to for-profit corporations and to nonprofit
			 corporations;
2) Preparation of
			 community association budgets and community association finances;
3) Management, personnel matters, customer
			 service and ethics;
4) Maintenance
			 operations;
5) Insurance matters
			 relating to community associations;
6) Procedures for noticing and conducting
			 community association meetings; and
7) Project management.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.50 - Licensure Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section
				1445.30(a)(4),
				a community association manager applicant shall successfully complete and pass
				at least one of the following examinations:
a) Community Association Managers
			 International Certification Board (CAMICB) examination;
b) Institute of Real Estate Management (IREM)
			 Community Association Management Exam (COMEXM); or
c) An examination approved by the
			 Department.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.60 - Endorsement

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant who
			 is licensed/registered under the laws of another state or territory of the
			 United States and who wishes to be licensed in Illinois as a Community
			 Association Manager shall submit to the Division in a manner prescribed by the
			 Division:
1) An application, on forms
			 prescribed by the Division and signed by the applicant, on which all questions
			 have been truthfully answered; and
2) Certification from the state or territory
			 of the United States or the foreign country in which the applicant was
			 originally licensed/registered and is currently licensed/registered, stating:
A) The time during which the applicant was
			 licensed/registered;
B) Whether the
			 file of the applicant contains any record of disciplinary actions;
			 and
C) Examinations taken and
			 passed;
D) Any pre-license
			 education requirements.
3) The required fee set forth in Section
			 1445.100(a)(2).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.70 - Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every Community
			 Association Manager license issued under the Act shall expire August 31 of
			 odd-numbered years. The holder of a license may renew that license during the
			 90 days preceding the expiration date by completing the renewal form, paying
			 the required fee, completing all required continuing education, and meeting any
			 other requirements established for renewal.
b) Every Community Association Management
			 firm license issued under the Act shall expire August 31 of odd-numbered years.
			 Licenses first issued in 2023 shall expire August 31, 2025. The holder of a
			 license may renew that license during the 90 days preceding the expiration date
			 by completing the renewal form, paying the required fee, and meeting any other
			 requirements established for renewal.
c) It is the responsibility of each licensee
			 to notify the Division of any change of address of record within 14 days after
			 such change through the Department's website or in a manner prescribed by the
			 Department. Failure to receive a renewal form from the Division shall not
			 constitute an excuse for failure to pay the renewal fee or to renew the
			 license. Practice on a non-renewed license shall be considered unlicensed
			 practice and shall be subject to the disciplinary provisions of the
			 Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.80 - Inactive Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Licensed
			 Community Association Managers or licensed Community Association Management
			 Firms who notify the Division, in a manner prescribed by the Division, may
			 place their licenses on inactive status for a period not to exceed 2 years and
			 shall be excused from paying renewal fees until they notify the Division in
			 writing of the intention to resume active practice.
b) Any licensed Community Association Manager
			 or licensed Community Association Management Firm seeking restoration from
			 inactive status shall do so in accordance with Section
			 1445.90.
c) Any Community Association Manager whose
			 license is in non-renewed or inactive status shall not use the title "licensed
			 Community Association Manager" in the State of Illinois. Any Community
			 Association Management Firm whose license is in non-renewed or inactive status
			 shall not use the title "licensed Community Association Management Firm" in the
			 State of Illinois. Any person violating this subsection shall be considered to
			 be practicing without a license and shall be subject to the disciplinary
			 provisions of the Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.90 - Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Community
			 Association Manager whose license has been in non-renewed status or expired for
			 5 years or less may have the license restored upon payment of the restoration
			 fee plus all lapsed renewal fees as set forth in Section
			 1445.100, and completion of all
			 required continuing education.
b)
			 Any person seeking restoration of a license that has been placed on inactive
			 status for 2 years or less shall file an application, on forms prescribed by
			 the Division, together with the fee required by Section
			 1445.100 and, if applicable, the
			 current renewal fee required by Section
			 1445.100 and, if a Community
			 Association Manager, proof of compliance with the continuing education
			 requirements.
c) When the accuracy
			 of any submitted documentation or the relevance or sufficiency of the course
			 work or experience is questioned by the Division because of a lack of
			 information, discrepancies or conflicts in information given, or a need for
			 clarification, the licensee seeking restoration shall provide information as
			 the Division, in its discretion, may find necessary.
d) Military Renewal or Restoration. A person
			 is eligible for the restoration or renewal without paying any lapsed renewal
			 fees of an expired license if:
1) that
			 person's license
expired while:
A)
in federal service on active duty
			 with the Armed Forces of the United States or called into service or training
			 with the State Militia; or
B)
in training or education under the
			 supervision of the United States preliminary to induction into the military
			 service;
and
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.100 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The following fees shall be paid to the Department and are not
				refundable:
a) Application Fees
1) The application fee for a license as a
			 Community Association Manager is $300. In addition, applicants for an
			 examination shall be required to pay, either to the Department or to the
			 designated testing service, a fee covering the cost of determining an
			 applicant's eligibility and providing the examination. Failure to appear for
			 the examination on the scheduled date, at the time and place specified, after
			 the application for examination has been received and acknowledged by the
			 Division or the designated testing service, shall result in the forfeiture of
			 the examination fee.
2) The
			 application fee for a license as a Community Association Manager certified or
			 licensed under the laws of another jurisdiction is $300.
3) The application fee for a license as a
			 Community Association Management Firm is $650.
4) The application fee for approval as a CE
			 sponsor is $100.
5) The application
			 fee for approval a pre-license or CE course is $50 per credit hour.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.105 - Fidelity Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 designated Community Association Manager or the Community Association
			 Management Firm that employs the designated Community Association Manager may
			 have access to or disburse community association funds unless there is fidelity
			 insurance in place to insure against loss or theft of community association
			 funds.
b) The fidelity insurance
			 must at all times be in the maximum amount of coverage available to protect
			 funds in the custody or control of the designated Community Association Manager
			 or the Community Association Management Firm providing services to the
			 association and shall cover the:
1) designated
			 Community Association Manager;
2)
			 the Community Association Management Firm;
3) all community association
			 managers;
4) all partners,
			 officers, and employees of the Community Association Management Firm;
			 and
5) the community association's
			 officers, directors and employees.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.110 - Supervision and Management

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 licensee with an ownership interest in or directly employed by a Community
			 Association Management Firm may perform activities at multiple offices or
			 client locations as a licensee only for their Community Association Management
			 Firm.
No community association manager may be the designated community
			 association manager for more than one firm, corporation, limited liability
			 company, partnership or other legal entity.
[225 ILCS
			 427/50(c) ]
b)
The designated community
			 association manager shall supervise and manage all licensed and unlicensed
			 employees acting on behalf of the community association management firm. The
			 designated community association manager shall supervise and manage all
			 independent contractors providing community association management services on
			 behalf of the community association management firm.
[225 ILCS
			 427/50(c) ] This supervision of
			 activities includes, but is not limited to:
1) Implementation of and communication of
			 office policies and procedures established by the community association
			 management firm;
2) Training of
			 licensees and unlicensed employees;
3) Supervising those Association Accounts
			 over which the Community Association Management Firm has delegated
			 responsibility to the designated Community Association Manager in order to
			 ensure compliance with the Association Accounts provisions of the Act, Section
			 1445.120, and this
			 Part;
4) Supervising all
			 advertising, in any media, of any community association management service for
			 which a license is required;
5)
			 Training licensees on the requirements of federal and State laws and local
			 ordinances relating to the practice of community association management;
			 and
6) Overseeing compliance with
			 this Section by licensees and offices under their
			 supervision.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.130 - Association Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Association Accounts
1) "Association Accounts"
			 means all accounts under the care and control of the Community Association
			 Management Firm or an unaffiliated Community Association Manager, and with
			 respect to which a Community Association Management Firm or unaffiliated
			 Community Association Manager has signatory authority, that are deposited with
			 or maintained by the Community Association Management Firm or the unaffiliated
			 Community Association Manager for the benefit of the community associations
			 represented.
The maintenance of such accounts shall be custodial, and
			 such accounts shall be in the name of the respective community
			 association.
[225 ILCS
			 427/55(b) ]
2) Community Association Management Firms or
			 unaffiliated Community Association Managers who accept moneys shall maintain
			 and deposit in an Association Account, separate and apart from personal or
			 other business accounts, all community association moneys entrusted to them
			 while acting as the Community Association Management Firm or as the
			 unaffiliated Community Association Manager.
3) A Community Association Management Firm or
			 unaffiliated Community Association Manager shall maintain a separate segregated
			 Association Account for each association for which they provide community
			 association management services.
4)
			 Every Association Account shall be maintained at a federally insured depository
			 unless otherwise directed in writing by the community association.
5) Commingling Prohibited
Each Community Association Management Firm or unaffiliated
				Community Association Manager shall deposit only Association Account funds
				received in connection with a community association in an Association Account.
				The funds shall not be commingled with the Community Association Management
				Firm's funds, the unaffiliated Community Association Manager's funds or the
				funds of any other community association.
6) The Community Association Management Firm
			 or the unaffiliated Community Association Manager shall provide a receipt to
			 the payor of any cash constituting Association Account funds and shall retain a
			 copy of the receipt.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.200 - Continuing Education

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Continuing Education Credit Hour Requirements
1) Beginning with the renewal period ending
			 August 31, 2025, each Community Association Manager shall complete 12 credit
			 hours of CE for each renewal period.
2) If the current term of the Community
			 Association Manager license ends within the 90 days after the initial Community
			 Association Manager license is issued, the licensee is not required to complete
			 CE for that Community Association manager license term but shall complete all
			 CE requirements before the next Community Association Manager license renewal
			 deadline.
3) Community Association
			 Managers licensed in Illinois, but residing and/or practicing in other states,
			 shall comply with the CE requirements set forth in this Section.
4) The Department shall conduct audits to
			 verify compliance with this Section.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.210 - Curriculum for Continuing Education

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Continuing education courses shall consist of the following topics:
1) State and federal laws relating to the
			 operation of all types of community associations, governing documents and State
			 laws relating to corporations, partnerships, and nonprofit
			 corporations;
2) Preparation of
			 community association budgets and community association accounts;
3) Management, personnel matters, customer
			 service and ethics;
4) Maintenance
			 operations;
5) Insurance matters
			 relating to community associations;
6) Procedures for noticing and conducting
			 community association meetings;
7)
			 Any legislative update to the:
A) Illinois
			 Community Association Manager Licensing and Disciplinary Act;
B) Illinois Condominium Property Act
			 [765 ILCS
			 605 ];
C)
			 Illinois Common Interest Community Association Act [765 ILCS 160
			 ]; or
D) the Illinois General Not
			 for Profit Corporation Act [805 ILCS 105 ], or any
			 administrative rules promulgated in connection that Act;
8) Fair housing, discriminatory practices,
			 and harassment;
9) High rise or
			 townhome management and maintenance;
10) Reserve studies and reserve
			 funding;
11) Any other topic
			 approved by the Department.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.220 - Application for Pre-License Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 An education sponsor seeking to provide pre-license or CE 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
			 1445.100; and
3) A course description, which shall make
			 reference to the textbook or other materials used. 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 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.230 - Application for Education Sponsor and Course Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) Education sponsors requiring approval by
			 the Department shall submit an application on forms prescribed by the
			 Department to the Division for approval, which may include Board review. All
			 courses offered for credit shall comply with the Act and this Part.
1) Upon request by the Division, the
			 education sponsor shall submit evidence necessary to establish compliance with
			 the requirements of the Act and this Part.
2) Upon request by the Division, the
			 education sponsor shall resubmit an application for approval when, in the
			 discretion of the Division, the education sponsor's course offerings,
			 practices, or other matters require additional review.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.240 - Authorization for Third Party Designees to Review Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 60 of the Act, the
			 Department may utilize 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 utilization of the third party.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1445 - COMMUNITY ASSOCIATION MANAGER LICENSING AND DISCIPLINARY ACT › Section 1445.310 - 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.