State Codes and Statutes

Statutes > Illinois > Chapter225 > 1364 > 022504540HArt_20


      (225 ILCS 454/Art. 20 heading)
ARTICLE 20. DISCIPLINARY PROVISIONS

    (225 ILCS 454/20‑5)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑5. Index of decisions. The Department shall maintain an index of formal decisions regarding the issuance, refusal to issue, renewal, refusal to renew, revocation, and suspension of licenses and probationary or other disciplinary action taken under this Act on or after December 31, 1999. The index shall be available to the public during regular business hours.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑10)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑10. Unlicensed practice; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a real estate broker, real estate salesperson, or leasing agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $25,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a license.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court of record.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑15)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑15. Violations. The commission of a single act prohibited by this Act or prohibited by the rules promulgated under this Act or a violation of a disciplinary order issued under this Act constitutes a violation of this Act.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/20‑20)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑20. Grounds for discipline.
    (a) The Department may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, reprimand, or take any other disciplinary or non‑disciplinary action as the Department may deem proper or impose a fine not to exceed $25,000 upon any licensee under this Act or against a licensee in handling his or her own property, whether held by deed, option, or otherwise, for any one or any combination of the following causes:
        (1) Fraud or misrepresentation in applying for, or
     procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
        (2) The conviction of, plea of guilty or plea of nolo
     contendre to a felony or misdemeanor, an essential element of which is dishonesty or fraud or larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game, in this State, or any other jurisdiction.
        (3) Inability to practice the profession with
     reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill, or a mental illness or disability.
        (4) Practice under this Act as a licensee in a retail
     sales establishment from an office, desk, or space that is not separated from the main retail business by a separate and distinct area within the establishment.
        (5) Disciplinary action of another state or
     jurisdiction against the license or other authorization to practice as a managing broker, broker, salesperson, or leasing agent if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for discipline set forth in this Act. A certified copy of the record of the action by the other state or jurisdiction shall be prima facie evidence thereof.
        (6) Engaging in the practice of real estate brokerage
     without a license or after the licensee's license was expired or while the license was inoperative.
        (7) Cheating on or attempting to subvert the Real
     Estate License Exam or continuing education exam.
        (8) Aiding or abetting an applicant to subvert or
     cheat on the Real Estate License Exam or continuing education exam administered pursuant to this Act.
        (9) Advertising that is inaccurate, misleading, or
     contrary to the provisions of the Act.
        (10) Making any substantial misrepresentation or
     untruthful advertising.
        (11) Making any false promises of a character likely
     to influence, persuade, or induce.
        (12) Pursuing a continued and flagrant course of
     misrepresentation or the making of false promises through licensees, employees, agents, advertising, or otherwise.
        (13) Any misleading or untruthful advertising, or
     using any trade name or insignia of membership in any real estate organization of which the licensee is not a member.
        (14) Acting for more than one party in a transaction
     without providing written notice to all parties for whom the licensee acts.
        (15) Representing or attempting to represent a
     broker other than the sponsoring broker.
        (16) Failure to account for or to remit any moneys
     or documents coming into his or her possession that belong to others.
        (17) Failure to maintain and deposit in a special
     account, separate and apart from personal and other business accounts, all escrow moneys belonging to others entrusted to a licensee while acting as a real estate broker, escrow agent, or temporary custodian of the funds of others or failure to maintain all escrow moneys on deposit in the account until the transactions are consummated or terminated, except to the extent that the moneys, or any part thereof, shall be:
            (A) disbursed prior to the consummation or
         termination (i) in accordance with the written direction of the principals to the transaction or their duly authorized agents, (ii) in accordance with directions providing for the release, payment, or distribution of escrow moneys contained in any written contract signed by the principals to the transaction or their duly authorized agents, or (iii) pursuant to an order of a court of competent jurisdiction; or
            (B) deemed abandoned and transferred to the
         Office of the State Treasurer to be handled as unclaimed property pursuant to the Uniform Disposition of Unclaimed Property Act. Escrow moneys may be deemed abandoned under this subparagraph (B) only: (i) in the absence of disbursement under subparagraph (A); (ii) in the absence of notice of the filing of any claim in a court of competent jurisdiction; and (iii) if 6 months have elapsed after the receipt of a written demand for the escrow moneys from one of the principals to the transaction or the principal's duly authorized agent.
    The account shall be noninterest bearing, unless the
     character of the deposit is such that payment of interest thereon is otherwise required by law or unless the principals to the transaction specifically require, in writing, that the deposit be placed in an interest bearing account.
        (18) Failure to make available to the Department all
     escrow records and related documents maintained in connection with the practice of real estate within 24 hours of a request for those documents by Department personnel.
        (19) Failing to furnish copies upon request of
     documents relating to a real estate transaction to a party who has executed that document.
        (20) Failure of a sponsoring broker to timely
     provide information, sponsor cards, or termination of licenses to the Department.
        (21) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (22) Commingling the money or property of others
     with his or her own money or property.
        (23) Employing any person on a purely temporary or
     single deal basis as a means of evading the law regarding payment of commission to nonlicensees on some contemplated transactions.
        (24) Permitting the use of his or her license as a
     broker to enable a salesperson or unlicensed person to operate a real estate business without actual participation therein and control thereof by the broker.
        (25) Any other conduct, whether of the same or a
     different character from that specified in this Section, that constitutes dishonest dealing.
        (26) Displaying a "for rent" or "for sale" sign on
     any property without the written consent of an owner or his or her duly authorized agent or advertising by any means that any property is for sale or for rent without the written consent of the owner or his or her authorized agent.
        (27) Failing to provide information requested by the
     Department, or otherwise respond to that request, within 30 days of the request.
        (28) Advertising by means of a blind advertisement,
     except as otherwise permitted in Section 10‑30 of this Act.
        (29) Offering guaranteed sales plans, as defined in
     clause (A) of this subdivision (29), except to the extent hereinafter set forth:
            (A) A "guaranteed sales plan" is any real estate
         purchase or sales plan whereby a licensee enters into a conditional or unconditional written contract with a seller, prior to entering into a brokerage agreement with the seller, by the terms of which a licensee agrees to purchase a property of the seller within a specified period of time at a specific price in the event the property is not sold in accordance with the terms of a brokerage agreement to be entered into between the sponsoring broker and the seller.
            (B) A licensee offering a guaranteed sales plan
         shall provide the details and conditions of the plan in writing to the party to whom the plan is offered.
            (C) A licensee offering a guaranteed sales plan
         shall provide to the party to whom the plan is offered evidence of sufficient financial resources to satisfy the commitment to purchase undertaken by the broker in the plan.
            (D) Any licensee offering a guaranteed sales
         plan shall undertake to market the property of the seller subject to the plan in the same manner in which the broker would market any other property, unless the agreement with the seller provides otherwise.
            (E) The licensee cannot purchase seller's
         property until the brokerage agreement has ended according to its terms or is otherwise terminated.
            (F) Any licensee who fails to perform on a
         guaranteed sales plan in strict accordance with its terms shall be subject to all the penalties provided in this Act for violations thereof and, in addition, shall be subject to a civil fine payable to the party injured by the default in an amount of up to $25,000.
        (30) Influencing or attempting to influence, by any
     words or acts, a prospective seller, purchaser, occupant, landlord, or tenant of real estate, in connection with viewing, buying, or leasing real estate, so as to promote or tend to promote the continuance or maintenance of racially and religiously segregated housing or so as to retard, obstruct, or discourage racially integrated housing on or in any street, block, neighborhood, or community.
        (31) Engaging in any act that constitutes a
     violation of any provision of Article 3 of the Illinois Human Rights Act, whether or not a complaint has been filed with or adjudicated by the Human Rights Commission.
        (32) Inducing any party to a contract of sale or
     lease or brokerage agreement to break the contract of sale or lease or brokerage agreement for the purpose of substituting, in lieu thereof, a new contract for sale or lease or brokerage agreement with a third party.
        (33) Negotiating a sale, exchange, or lease of real
     estate directly with any person if the licensee knows that the person has an exclusive brokerage agreement with another broker, unless specifically authorized by that broker.
        (34) When a licensee is also an attorney, acting as
     the attorney for either the buyer or the seller in the same transaction in which the licensee is acting or has acted as a broker or salesperson.
        (35) Advertising or offering merchandise or services
     as free if any conditions or obligations necessary for receiving the merchandise or services are not disclosed in the same advertisement or offer. These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a real estate site. As used in this subdivision (35), "free" includes terms such as "award", "prize", "no charge", "free of charge", "without charge", and similar words or phrases that reasonably lead a person to believe that he or she may receive or has been selected to receive something of value, without any conditions or obligations on the part of the recipient.
        (36) Disregarding or violating any provision of the
     Land Sales Registration Act of 1989, the Illinois Real Estate Time‑Share Act, or the published rules promulgated by the Department to enforce those Acts.
        (37) Violating the terms of a disciplinary order
     issued by the Department.
        (38) Paying or failing to disclose compensation in
     violation of Article 10 of this Act.
        (39) Requiring a party to a transaction who is not a
     client of the licensee to allow the licensee to retain a portion of the escrow moneys for payment of the licensee's commission or expenses as a condition for release of the escrow moneys to that party.
        (40) Disregarding or violating any provision of this
     Act or the published rules promulgated by the Department to enforce this Act or aiding or abetting any individual, partnership, registered limited liability partnership, limited liability company, or corporation in disregarding any provision of this Act or the published rules promulgated by the Department to enforce this Act.
        (41) Failing to provide the minimum services required
     by Section 15‑75 of this Act when acting under an exclusive brokerage agreement.
        (42) Habitual or excessive use or addiction to
     alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a managing broker, broker, salesperson, or leasing agent's inability to practice with reasonable skill or safety.
    (b) The Department may refuse to issue or renew or may
     suspend the license of any person who fails to file a return, pay the tax, penalty or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (c) The Department shall deny a license or renewal
     authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (d) In cases where the Department of Healthcare and
     Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (e) In enforcing this Section, the Department or Board
     upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
    If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
    In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 30 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 95‑851, eff. 1‑1‑09; 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑21)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑21. Injunctions; cease and desist order.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney for any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or condition, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) Whenever in the opinion of the Department a person violates a provision of this Act, the Department may issue a ruling to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
    (c) Other than as provided in Section 5‑20 of this Act, if any person practices as a real estate broker, real estate salesperson or leasing agent or holds himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson or leasing agent under this Act without being issued a valid existing license by the Department, then any licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, leasing agent, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑22)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑22. Violations. Any person who is found working or acting as a managing broker, real estate broker, real estate salesperson, or leasing agent or holding himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, or leasing agent without being issued a valid existing license is guilty of a Class A misdemeanor and on conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑25)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑25. Returned checks; fees. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fee of $50. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fees due under this Section in individual cases where the Secretary finds that the fees would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑30)
    Sec. 20‑30. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑35)
    Sec. 20‑35. (Repealed).
(Source: P.A. 91‑245, 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑40)
    Sec. 20‑40. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑45)
    Sec. 20‑45. (Repealed).
(Source: P.A. 95‑331, eff. 8‑21‑07. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑50) <

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1364 > 022504540HArt_20


      (225 ILCS 454/Art. 20 heading)
ARTICLE 20. DISCIPLINARY PROVISIONS

    (225 ILCS 454/20‑5)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑5. Index of decisions. The Department shall maintain an index of formal decisions regarding the issuance, refusal to issue, renewal, refusal to renew, revocation, and suspension of licenses and probationary or other disciplinary action taken under this Act on or after December 31, 1999. The index shall be available to the public during regular business hours.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑10)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑10. Unlicensed practice; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a real estate broker, real estate salesperson, or leasing agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $25,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a license.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court of record.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑15)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑15. Violations. The commission of a single act prohibited by this Act or prohibited by the rules promulgated under this Act or a violation of a disciplinary order issued under this Act constitutes a violation of this Act.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/20‑20)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑20. Grounds for discipline.
    (a) The Department may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, reprimand, or take any other disciplinary or non‑disciplinary action as the Department may deem proper or impose a fine not to exceed $25,000 upon any licensee under this Act or against a licensee in handling his or her own property, whether held by deed, option, or otherwise, for any one or any combination of the following causes:
        (1) Fraud or misrepresentation in applying for, or
     procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
        (2) The conviction of, plea of guilty or plea of nolo
     contendre to a felony or misdemeanor, an essential element of which is dishonesty or fraud or larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game, in this State, or any other jurisdiction.
        (3) Inability to practice the profession with
     reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill, or a mental illness or disability.
        (4) Practice under this Act as a licensee in a retail
     sales establishment from an office, desk, or space that is not separated from the main retail business by a separate and distinct area within the establishment.
        (5) Disciplinary action of another state or
     jurisdiction against the license or other authorization to practice as a managing broker, broker, salesperson, or leasing agent if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for discipline set forth in this Act. A certified copy of the record of the action by the other state or jurisdiction shall be prima facie evidence thereof.
        (6) Engaging in the practice of real estate brokerage
     without a license or after the licensee's license was expired or while the license was inoperative.
        (7) Cheating on or attempting to subvert the Real
     Estate License Exam or continuing education exam.
        (8) Aiding or abetting an applicant to subvert or
     cheat on the Real Estate License Exam or continuing education exam administered pursuant to this Act.
        (9) Advertising that is inaccurate, misleading, or
     contrary to the provisions of the Act.
        (10) Making any substantial misrepresentation or
     untruthful advertising.
        (11) Making any false promises of a character likely
     to influence, persuade, or induce.
        (12) Pursuing a continued and flagrant course of
     misrepresentation or the making of false promises through licensees, employees, agents, advertising, or otherwise.
        (13) Any misleading or untruthful advertising, or
     using any trade name or insignia of membership in any real estate organization of which the licensee is not a member.
        (14) Acting for more than one party in a transaction
     without providing written notice to all parties for whom the licensee acts.
        (15) Representing or attempting to represent a
     broker other than the sponsoring broker.
        (16) Failure to account for or to remit any moneys
     or documents coming into his or her possession that belong to others.
        (17) Failure to maintain and deposit in a special
     account, separate and apart from personal and other business accounts, all escrow moneys belonging to others entrusted to a licensee while acting as a real estate broker, escrow agent, or temporary custodian of the funds of others or failure to maintain all escrow moneys on deposit in the account until the transactions are consummated or terminated, except to the extent that the moneys, or any part thereof, shall be:
            (A) disbursed prior to the consummation or
         termination (i) in accordance with the written direction of the principals to the transaction or their duly authorized agents, (ii) in accordance with directions providing for the release, payment, or distribution of escrow moneys contained in any written contract signed by the principals to the transaction or their duly authorized agents, or (iii) pursuant to an order of a court of competent jurisdiction; or
            (B) deemed abandoned and transferred to the
         Office of the State Treasurer to be handled as unclaimed property pursuant to the Uniform Disposition of Unclaimed Property Act. Escrow moneys may be deemed abandoned under this subparagraph (B) only: (i) in the absence of disbursement under subparagraph (A); (ii) in the absence of notice of the filing of any claim in a court of competent jurisdiction; and (iii) if 6 months have elapsed after the receipt of a written demand for the escrow moneys from one of the principals to the transaction or the principal's duly authorized agent.
    The account shall be noninterest bearing, unless the
     character of the deposit is such that payment of interest thereon is otherwise required by law or unless the principals to the transaction specifically require, in writing, that the deposit be placed in an interest bearing account.
        (18) Failure to make available to the Department all
     escrow records and related documents maintained in connection with the practice of real estate within 24 hours of a request for those documents by Department personnel.
        (19) Failing to furnish copies upon request of
     documents relating to a real estate transaction to a party who has executed that document.
        (20) Failure of a sponsoring broker to timely
     provide information, sponsor cards, or termination of licenses to the Department.
        (21) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (22) Commingling the money or property of others
     with his or her own money or property.
        (23) Employing any person on a purely temporary or
     single deal basis as a means of evading the law regarding payment of commission to nonlicensees on some contemplated transactions.
        (24) Permitting the use of his or her license as a
     broker to enable a salesperson or unlicensed person to operate a real estate business without actual participation therein and control thereof by the broker.
        (25) Any other conduct, whether of the same or a
     different character from that specified in this Section, that constitutes dishonest dealing.
        (26) Displaying a "for rent" or "for sale" sign on
     any property without the written consent of an owner or his or her duly authorized agent or advertising by any means that any property is for sale or for rent without the written consent of the owner or his or her authorized agent.
        (27) Failing to provide information requested by the
     Department, or otherwise respond to that request, within 30 days of the request.
        (28) Advertising by means of a blind advertisement,
     except as otherwise permitted in Section 10‑30 of this Act.
        (29) Offering guaranteed sales plans, as defined in
     clause (A) of this subdivision (29), except to the extent hereinafter set forth:
            (A) A "guaranteed sales plan" is any real estate
         purchase or sales plan whereby a licensee enters into a conditional or unconditional written contract with a seller, prior to entering into a brokerage agreement with the seller, by the terms of which a licensee agrees to purchase a property of the seller within a specified period of time at a specific price in the event the property is not sold in accordance with the terms of a brokerage agreement to be entered into between the sponsoring broker and the seller.
            (B) A licensee offering a guaranteed sales plan
         shall provide the details and conditions of the plan in writing to the party to whom the plan is offered.
            (C) A licensee offering a guaranteed sales plan
         shall provide to the party to whom the plan is offered evidence of sufficient financial resources to satisfy the commitment to purchase undertaken by the broker in the plan.
            (D) Any licensee offering a guaranteed sales
         plan shall undertake to market the property of the seller subject to the plan in the same manner in which the broker would market any other property, unless the agreement with the seller provides otherwise.
            (E) The licensee cannot purchase seller's
         property until the brokerage agreement has ended according to its terms or is otherwise terminated.
            (F) Any licensee who fails to perform on a
         guaranteed sales plan in strict accordance with its terms shall be subject to all the penalties provided in this Act for violations thereof and, in addition, shall be subject to a civil fine payable to the party injured by the default in an amount of up to $25,000.
        (30) Influencing or attempting to influence, by any
     words or acts, a prospective seller, purchaser, occupant, landlord, or tenant of real estate, in connection with viewing, buying, or leasing real estate, so as to promote or tend to promote the continuance or maintenance of racially and religiously segregated housing or so as to retard, obstruct, or discourage racially integrated housing on or in any street, block, neighborhood, or community.
        (31) Engaging in any act that constitutes a
     violation of any provision of Article 3 of the Illinois Human Rights Act, whether or not a complaint has been filed with or adjudicated by the Human Rights Commission.
        (32) Inducing any party to a contract of sale or
     lease or brokerage agreement to break the contract of sale or lease or brokerage agreement for the purpose of substituting, in lieu thereof, a new contract for sale or lease or brokerage agreement with a third party.
        (33) Negotiating a sale, exchange, or lease of real
     estate directly with any person if the licensee knows that the person has an exclusive brokerage agreement with another broker, unless specifically authorized by that broker.
        (34) When a licensee is also an attorney, acting as
     the attorney for either the buyer or the seller in the same transaction in which the licensee is acting or has acted as a broker or salesperson.
        (35) Advertising or offering merchandise or services
     as free if any conditions or obligations necessary for receiving the merchandise or services are not disclosed in the same advertisement or offer. These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a real estate site. As used in this subdivision (35), "free" includes terms such as "award", "prize", "no charge", "free of charge", "without charge", and similar words or phrases that reasonably lead a person to believe that he or she may receive or has been selected to receive something of value, without any conditions or obligations on the part of the recipient.
        (36) Disregarding or violating any provision of the
     Land Sales Registration Act of 1989, the Illinois Real Estate Time‑Share Act, or the published rules promulgated by the Department to enforce those Acts.
        (37) Violating the terms of a disciplinary order
     issued by the Department.
        (38) Paying or failing to disclose compensation in
     violation of Article 10 of this Act.
        (39) Requiring a party to a transaction who is not a
     client of the licensee to allow the licensee to retain a portion of the escrow moneys for payment of the licensee's commission or expenses as a condition for release of the escrow moneys to that party.
        (40) Disregarding or violating any provision of this
     Act or the published rules promulgated by the Department to enforce this Act or aiding or abetting any individual, partnership, registered limited liability partnership, limited liability company, or corporation in disregarding any provision of this Act or the published rules promulgated by the Department to enforce this Act.
        (41) Failing to provide the minimum services required
     by Section 15‑75 of this Act when acting under an exclusive brokerage agreement.
        (42) Habitual or excessive use or addiction to
     alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a managing broker, broker, salesperson, or leasing agent's inability to practice with reasonable skill or safety.
    (b) The Department may refuse to issue or renew or may
     suspend the license of any person who fails to file a return, pay the tax, penalty or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (c) The Department shall deny a license or renewal
     authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (d) In cases where the Department of Healthcare and
     Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (e) In enforcing this Section, the Department or Board
     upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
    If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
    In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 30 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 95‑851, eff. 1‑1‑09; 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑21)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑21. Injunctions; cease and desist order.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney for any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or condition, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) Whenever in the opinion of the Department a person violates a provision of this Act, the Department may issue a ruling to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
    (c) Other than as provided in Section 5‑20 of this Act, if any person practices as a real estate broker, real estate salesperson or leasing agent or holds himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson or leasing agent under this Act without being issued a valid existing license by the Department, then any licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, leasing agent, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑22)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑22. Violations. Any person who is found working or acting as a managing broker, real estate broker, real estate salesperson, or leasing agent or holding himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, or leasing agent without being issued a valid existing license is guilty of a Class A misdemeanor and on conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑25)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑25. Returned checks; fees. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fee of $50. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fees due under this Section in individual cases where the Secretary finds that the fees would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑30)
    Sec. 20‑30. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑35)
    Sec. 20‑35. (Repealed).
(Source: P.A. 91‑245, 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑40)
    Sec. 20‑40. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑45)
    Sec. 20‑45. (Repealed).
(Source: P.A. 95‑331, eff. 8‑21‑07. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑50) <

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      (225 ILCS 454/Art. 20 heading)
ARTICLE 20. DISCIPLINARY PROVISIONS

    (225 ILCS 454/20‑5)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑5. Index of decisions. The Department shall maintain an index of formal decisions regarding the issuance, refusal to issue, renewal, refusal to renew, revocation, and suspension of licenses and probationary or other disciplinary action taken under this Act on or after December 31, 1999. The index shall be available to the public during regular business hours.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑10)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑10. Unlicensed practice; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a real estate broker, real estate salesperson, or leasing agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $25,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a license.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court of record.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑15)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑15. Violations. The commission of a single act prohibited by this Act or prohibited by the rules promulgated under this Act or a violation of a disciplinary order issued under this Act constitutes a violation of this Act.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/20‑20)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑20. Grounds for discipline.
    (a) The Department may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, reprimand, or take any other disciplinary or non‑disciplinary action as the Department may deem proper or impose a fine not to exceed $25,000 upon any licensee under this Act or against a licensee in handling his or her own property, whether held by deed, option, or otherwise, for any one or any combination of the following causes:
        (1) Fraud or misrepresentation in applying for, or
     procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
        (2) The conviction of, plea of guilty or plea of nolo
     contendre to a felony or misdemeanor, an essential element of which is dishonesty or fraud or larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game, in this State, or any other jurisdiction.
        (3) Inability to practice the profession with
     reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill, or a mental illness or disability.
        (4) Practice under this Act as a licensee in a retail
     sales establishment from an office, desk, or space that is not separated from the main retail business by a separate and distinct area within the establishment.
        (5) Disciplinary action of another state or
     jurisdiction against the license or other authorization to practice as a managing broker, broker, salesperson, or leasing agent if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for discipline set forth in this Act. A certified copy of the record of the action by the other state or jurisdiction shall be prima facie evidence thereof.
        (6) Engaging in the practice of real estate brokerage
     without a license or after the licensee's license was expired or while the license was inoperative.
        (7) Cheating on or attempting to subvert the Real
     Estate License Exam or continuing education exam.
        (8) Aiding or abetting an applicant to subvert or
     cheat on the Real Estate License Exam or continuing education exam administered pursuant to this Act.
        (9) Advertising that is inaccurate, misleading, or
     contrary to the provisions of the Act.
        (10) Making any substantial misrepresentation or
     untruthful advertising.
        (11) Making any false promises of a character likely
     to influence, persuade, or induce.
        (12) Pursuing a continued and flagrant course of
     misrepresentation or the making of false promises through licensees, employees, agents, advertising, or otherwise.
        (13) Any misleading or untruthful advertising, or
     using any trade name or insignia of membership in any real estate organization of which the licensee is not a member.
        (14) Acting for more than one party in a transaction
     without providing written notice to all parties for whom the licensee acts.
        (15) Representing or attempting to represent a
     broker other than the sponsoring broker.
        (16) Failure to account for or to remit any moneys
     or documents coming into his or her possession that belong to others.
        (17) Failure to maintain and deposit in a special
     account, separate and apart from personal and other business accounts, all escrow moneys belonging to others entrusted to a licensee while acting as a real estate broker, escrow agent, or temporary custodian of the funds of others or failure to maintain all escrow moneys on deposit in the account until the transactions are consummated or terminated, except to the extent that the moneys, or any part thereof, shall be:
            (A) disbursed prior to the consummation or
         termination (i) in accordance with the written direction of the principals to the transaction or their duly authorized agents, (ii) in accordance with directions providing for the release, payment, or distribution of escrow moneys contained in any written contract signed by the principals to the transaction or their duly authorized agents, or (iii) pursuant to an order of a court of competent jurisdiction; or
            (B) deemed abandoned and transferred to the
         Office of the State Treasurer to be handled as unclaimed property pursuant to the Uniform Disposition of Unclaimed Property Act. Escrow moneys may be deemed abandoned under this subparagraph (B) only: (i) in the absence of disbursement under subparagraph (A); (ii) in the absence of notice of the filing of any claim in a court of competent jurisdiction; and (iii) if 6 months have elapsed after the receipt of a written demand for the escrow moneys from one of the principals to the transaction or the principal's duly authorized agent.
    The account shall be noninterest bearing, unless the
     character of the deposit is such that payment of interest thereon is otherwise required by law or unless the principals to the transaction specifically require, in writing, that the deposit be placed in an interest bearing account.
        (18) Failure to make available to the Department all
     escrow records and related documents maintained in connection with the practice of real estate within 24 hours of a request for those documents by Department personnel.
        (19) Failing to furnish copies upon request of
     documents relating to a real estate transaction to a party who has executed that document.
        (20) Failure of a sponsoring broker to timely
     provide information, sponsor cards, or termination of licenses to the Department.
        (21) Engaging in dishonorable, unethical, or
     unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (22) Commingling the money or property of others
     with his or her own money or property.
        (23) Employing any person on a purely temporary or
     single deal basis as a means of evading the law regarding payment of commission to nonlicensees on some contemplated transactions.
        (24) Permitting the use of his or her license as a
     broker to enable a salesperson or unlicensed person to operate a real estate business without actual participation therein and control thereof by the broker.
        (25) Any other conduct, whether of the same or a
     different character from that specified in this Section, that constitutes dishonest dealing.
        (26) Displaying a "for rent" or "for sale" sign on
     any property without the written consent of an owner or his or her duly authorized agent or advertising by any means that any property is for sale or for rent without the written consent of the owner or his or her authorized agent.
        (27) Failing to provide information requested by the
     Department, or otherwise respond to that request, within 30 days of the request.
        (28) Advertising by means of a blind advertisement,
     except as otherwise permitted in Section 10‑30 of this Act.
        (29) Offering guaranteed sales plans, as defined in
     clause (A) of this subdivision (29), except to the extent hereinafter set forth:
            (A) A "guaranteed sales plan" is any real estate
         purchase or sales plan whereby a licensee enters into a conditional or unconditional written contract with a seller, prior to entering into a brokerage agreement with the seller, by the terms of which a licensee agrees to purchase a property of the seller within a specified period of time at a specific price in the event the property is not sold in accordance with the terms of a brokerage agreement to be entered into between the sponsoring broker and the seller.
            (B) A licensee offering a guaranteed sales plan
         shall provide the details and conditions of the plan in writing to the party to whom the plan is offered.
            (C) A licensee offering a guaranteed sales plan
         shall provide to the party to whom the plan is offered evidence of sufficient financial resources to satisfy the commitment to purchase undertaken by the broker in the plan.
            (D) Any licensee offering a guaranteed sales
         plan shall undertake to market the property of the seller subject to the plan in the same manner in which the broker would market any other property, unless the agreement with the seller provides otherwise.
            (E) The licensee cannot purchase seller's
         property until the brokerage agreement has ended according to its terms or is otherwise terminated.
            (F) Any licensee who fails to perform on a
         guaranteed sales plan in strict accordance with its terms shall be subject to all the penalties provided in this Act for violations thereof and, in addition, shall be subject to a civil fine payable to the party injured by the default in an amount of up to $25,000.
        (30) Influencing or attempting to influence, by any
     words or acts, a prospective seller, purchaser, occupant, landlord, or tenant of real estate, in connection with viewing, buying, or leasing real estate, so as to promote or tend to promote the continuance or maintenance of racially and religiously segregated housing or so as to retard, obstruct, or discourage racially integrated housing on or in any street, block, neighborhood, or community.
        (31) Engaging in any act that constitutes a
     violation of any provision of Article 3 of the Illinois Human Rights Act, whether or not a complaint has been filed with or adjudicated by the Human Rights Commission.
        (32) Inducing any party to a contract of sale or
     lease or brokerage agreement to break the contract of sale or lease or brokerage agreement for the purpose of substituting, in lieu thereof, a new contract for sale or lease or brokerage agreement with a third party.
        (33) Negotiating a sale, exchange, or lease of real
     estate directly with any person if the licensee knows that the person has an exclusive brokerage agreement with another broker, unless specifically authorized by that broker.
        (34) When a licensee is also an attorney, acting as
     the attorney for either the buyer or the seller in the same transaction in which the licensee is acting or has acted as a broker or salesperson.
        (35) Advertising or offering merchandise or services
     as free if any conditions or obligations necessary for receiving the merchandise or services are not disclosed in the same advertisement or offer. These conditions or obligations include without limitation the requirement that the recipient attend a promotional activity or visit a real estate site. As used in this subdivision (35), "free" includes terms such as "award", "prize", "no charge", "free of charge", "without charge", and similar words or phrases that reasonably lead a person to believe that he or she may receive or has been selected to receive something of value, without any conditions or obligations on the part of the recipient.
        (36) Disregarding or violating any provision of the
     Land Sales Registration Act of 1989, the Illinois Real Estate Time‑Share Act, or the published rules promulgated by the Department to enforce those Acts.
        (37) Violating the terms of a disciplinary order
     issued by the Department.
        (38) Paying or failing to disclose compensation in
     violation of Article 10 of this Act.
        (39) Requiring a party to a transaction who is not a
     client of the licensee to allow the licensee to retain a portion of the escrow moneys for payment of the licensee's commission or expenses as a condition for release of the escrow moneys to that party.
        (40) Disregarding or violating any provision of this
     Act or the published rules promulgated by the Department to enforce this Act or aiding or abetting any individual, partnership, registered limited liability partnership, limited liability company, or corporation in disregarding any provision of this Act or the published rules promulgated by the Department to enforce this Act.
        (41) Failing to provide the minimum services required
     by Section 15‑75 of this Act when acting under an exclusive brokerage agreement.
        (42) Habitual or excessive use or addiction to
     alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a managing broker, broker, salesperson, or leasing agent's inability to practice with reasonable skill or safety.
    (b) The Department may refuse to issue or renew or may
     suspend the license of any person who fails to file a return, pay the tax, penalty or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (c) The Department shall deny a license or renewal
     authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (d) In cases where the Department of Healthcare and
     Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (g) of Section 2105‑15 of the Civil Administrative Code of Illinois.
    (e) In enforcing this Section, the Department or Board
     upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
    If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
    In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 30 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 95‑851, eff. 1‑1‑09; 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑21)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑21. Injunctions; cease and desist order.
    (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney for any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or condition, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) Whenever in the opinion of the Department a person violates a provision of this Act, the Department may issue a ruling to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.
    (c) Other than as provided in Section 5‑20 of this Act, if any person practices as a real estate broker, real estate salesperson or leasing agent or holds himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson or leasing agent under this Act without being issued a valid existing license by the Department, then any licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, leasing agent, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑22)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑22. Violations. Any person who is found working or acting as a managing broker, real estate broker, real estate salesperson, or leasing agent or holding himself or herself out as a licensed sponsoring broker, managing broker, real estate broker, real estate salesperson, or leasing agent without being issued a valid existing license is guilty of a Class A misdemeanor and on conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑25)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 20‑25. Returned checks; fees. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fee of $50. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fees due under this Section in individual cases where the Secretary finds that the fees would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑30)
    Sec. 20‑30. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑35)
    Sec. 20‑35. (Repealed).
(Source: P.A. 91‑245, 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑40)
    Sec. 20‑40. (Repealed).
(Source: P.A. 91‑245, eff. 12‑31‑99. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑45)
    Sec. 20‑45. (Repealed).
(Source: P.A. 95‑331, eff. 8‑21‑07. Repealed by P.A. 96‑856, eff. 12‑31‑09.)

    (225 ILCS 454/20‑50) <

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