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Rep. Kathleen Willis
Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5167
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5167 as follows:
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| 3 | | on page 28, by replacing lines 16 through 22 with "community |
| 4 | | association policy. If the fidelity insurance is not secured |
| 5 | | and paid for by the association, the community association |
| 6 | | manager or the community association management firm that |
| 7 | | secures and pays for the insurance shall provide a current |
| 8 | | certificate of fidelity insurance to the community association |
| 9 | | for which it provides community association management |
| 10 | | services within 10 days of a request for such certificate by |
| 11 | | the community association for its records."; and
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| 12 | | by replacing line 26 on page 28 through line 3 on page 29 with |
| 13 | | "accounts for each community association. The funds shall not, |
| 14 | | in any event, be commingled with the supervising community |
| 15 | | association manager's or community association management |
| 16 | | firm's funds. The funds shall not, in any event, be |
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| 1 | | commingled"; and
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| 2 | | on page 29, by replacing lines 15 through 21 with "association |
| 3 | | management firm. The community association manager or the |
| 4 | | community association management firm shall provide a current |
| 5 | | certificate of general liability and errors and omissions |
| 6 | | insurance to the community association for which it provides |
| 7 | | community association management services within 10 days of a |
| 8 | | request for such certificate by the community association for |
| 9 | | its records."; and
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| 10 | | on page 30, by deleting lines 1 and 2; and
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| 11 | | on page 30, line 17, by replacing "by" with "by"; and
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| 12 | | on page 63, line 3, by replacing "his or her" with "the his or |
| 13 | | her"; and
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| 14 | | on page 64, line 6, by replacing "his or her" with "the |
| 15 | | broker's his or her"; and
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| 16 | | on page 104, line 21, after "5-25,", by inserting "15-15"; and
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| 17 | | on page 115, immediately below line 26, by inserting the |
| 18 | | following:
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| 1 | | "(225 ILCS 458/15-15)
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| 2 | | (Section scheduled to be repealed on January 1, 2027)
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| 3 | | Sec. 15-15. Investigation; notice; hearing.
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| 4 | | (a) Upon the motion of the Department
or the Board or
upon |
| 5 | | a complaint in
writing of a person setting forth facts that, if |
| 6 | | proven, would constitute
grounds for suspension, revocation,
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| 7 | | or other disciplinary action against a licensee or applicant |
| 8 | | for licensure, the Department
shall investigate the actions of |
| 9 | | the licensee or applicant. If, upon investigation, the |
| 10 | | Department believes that there may be cause for suspension, |
| 11 | | revocation, or other disciplinary action, the Department shall |
| 12 | | use the services of a State certified general real estate |
| 13 | | appraiser, a State certified residential real estate |
| 14 | | appraiser, or the Real Estate Coordinator to assist in |
| 15 | | determining whether grounds for disciplinary action exist |
| 16 | | prior to commencing formal disciplinary proceedings.
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| 17 | | (b) Formal disciplinary proceedings shall commence upon |
| 18 | | the issuance of a
written complaint
describing the charges |
| 19 | | that are the basis of the disciplinary action and
delivery of |
| 20 | | the detailed complaint to the address of
record of the |
| 21 | | licensee or applicant. For an associate real estate trainee |
| 22 | | appraiser, a copy shall also be sent to the licensee's |
| 23 | | supervising appraiser of record. The Department
shall notify |
| 24 | | the licensee or
applicant
to file a verified written
answer |
| 25 | | within 20 days after the service of the notice and complaint.
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| 26 | | The
notification shall inform the licensee or applicant of the
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| 1 | | right to be heard in person or by
legal counsel; that the |
| 2 | | hearing will be afforded not sooner than 20 days after
service
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| 3 | | of the complaint; that failure to file an answer will result in |
| 4 | | a default being
entered against the licensee or applicant;
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| 5 | | that the license may be suspended, revoked, or placed on
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| 6 | | probationary status; and that other
disciplinary action may be |
| 7 | | taken pursuant to this Act, including limiting the
scope, |
| 8 | | nature, or extent of the licensee's
practice. If the licensee |
| 9 | | or applicant fails to file an answer after service of
notice, |
| 10 | | the respective license may,
at the discretion of the |
| 11 | | Department, be suspended,
revoked, or placed on probationary
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| 12 | | status and the Department
may take whatever disciplinary
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| 13 | | action it deems proper,
including limiting the scope, nature, |
| 14 | | or extent of the person's practice,
without a hearing.
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| 15 | | (c) At the time and place fixed in the notice, the Board |
| 16 | | shall conduct
hearing of the charges, providing
both the |
| 17 | | accused person and the complainant ample opportunity to |
| 18 | | present in
person
or by counsel such statements, testimony, |
| 19 | | evidence, and argument as may be
pertinent to the charges or
to |
| 20 | | a defense thereto.
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| 21 | | (d) The Board shall present to the Secretary
a written |
| 22 | | report of its
findings of fact and
recommendations. A copy of |
| 23 | | the report shall be served upon the licensee or
applicant,
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| 24 | | either personally, by
mail, or, at the discretion of the |
| 25 | | Department, by electronic means. For associate real estate |
| 26 | | trainee appraisers, a copy shall also be sent to the |
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| 1 | | licensee's supervising appraiser of record. Within 20 days |
| 2 | | after the service, the licensee or applicant may present
the |
| 3 | | Secretary
with a motion in writing
for a rehearing and shall
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| 4 | | specify the particular grounds for the request. If the accused |
| 5 | | orders a
transcript of the record
as provided in this Act, the |
| 6 | | time elapsing thereafter and before the transcript
is ready |
| 7 | | for delivery to the
accused shall not be counted as part of the |
| 8 | | 20 days. If the Secretary
is
not satisfied that
substantial |
| 9 | | justice has been done, the Secretary
may order a rehearing by
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| 10 | | the Board or other
special committee appointed by the |
| 11 | | Secretary, may remand the matter to the
Board for its
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| 12 | | reconsideration of the matter based on the pleadings and |
| 13 | | evidence presented to
the Board, or may enter
a final order in |
| 14 | | contravention of the Board's recommendation. Notwithstanding a |
| 15 | | licensee's or applicant's failure to file a motion for |
| 16 | | rehearing, the Secretary
shall have the right to take any of
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| 17 | | the actions specified in this
subsection (d). Upon the |
| 18 | | suspension or revocation of a license, the licensee
shall
be |
| 19 | | required to surrender the respective license to the |
| 20 | | Department, and upon failure or refusal to do so, the |
| 21 | | Department
shall have
the right to seize the
license.
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| 22 | | (e) The Department
has the power to issue subpoenas and
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| 23 | | subpoenas duces tecum
to bring before it any person in this |
| 24 | | State, to take testimony, or to require
production of any |
| 25 | | records
relevant to an inquiry or hearing by the Board in the |
| 26 | | same manner as prescribed
by law in judicial
proceedings in |
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| 1 | | the courts of this State. In a case of refusal of a witness to
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| 2 | | attend, testify, or to produce
books or papers concerning a |
| 3 | | matter upon which the witness might be lawfully
examined, the |
| 4 | | circuit court
of the county where the hearing is held, upon |
| 5 | | application of the Department
or any
party to the proceeding, |
| 6 | | may compel obedience by proceedings as for contempt.
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| 7 | | (f) Any license that is revoked may not be
restored for a |
| 8 | | minimum period
of 3 years.
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| 9 | | (g) In addition to the provisions of this Section |
| 10 | | concerning the conduct of
hearings and the
recommendations for |
| 11 | | discipline, the Department
has the authority to negotiate
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| 12 | | disciplinary and non-disciplinary
settlement agreements |
| 13 | | concerning any license issued under this Act. All such
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| 14 | | agreements shall be
recorded as Consent Orders or Consent to |
| 15 | | Administrative Supervision Orders.
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| 16 | | (h) The Secretary
shall have the authority to appoint an |
| 17 | | attorney duly
licensed to practice law in the
State of |
| 18 | | Illinois to serve as the hearing officer in any action to |
| 19 | | suspend,
revoke, or otherwise discipline
any license issued by |
| 20 | | the Department. The Hearing Officer
shall have full authority
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| 21 | | to conduct the hearing.
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| 22 | | (i) The Department, at its expense, shall preserve a |
| 23 | | record of all formal hearings of
any contested case involving
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| 24 | | the discipline of a license. At all hearings or pre-hearing |
| 25 | | conferences, the Department
and the licensee shall be
entitled |
| 26 | | to have the proceedings transcribed by a certified shorthand |