Disciplinary Procedures
Any person providing or offering to provide real estate services, or who is licensed or claims to be licensed under the Act, may be investigated by the Department. At least 30 days before the date of a hearing set for examination of such an issue, and prior to taking any disciplinary action (including but not limited to reprimand, probation, or revocation or suspension of license), the Department will do the following:
- In writing, inform the person under investigation of the charges being brought against her and the location and time of the hearing; this notification may be sent by personal delivery or certified mail to the address given by the individual in her last communication with the Department
- Instruct the accused individual to respond to the charges, under oath and in writing, within 20 days of being informed of the charges and hearing
- Notify the individual that unless she responds as instructed, default will be taken against her and disciplinary action, such as imposition of a fine or license suspension, revocation, or probation, may be instituted.
At the hearing, the charges will be presented to the Board, and the accused individual and her counsel will be allowed to offer a defense via statements, arguments, testimony, and evidence. The Board may continue the hearing from time to time. When an individual fails to respond to the notice and the charges are deemed sufficient, the Department may institute disciplinary action without a hearing.
The Department is required to keep a record of all formal hearing proceedings, at the Department’s expense. According to the same guidelines (concerning fees, mileage, and manner) provided for civil cases for state court, the Department is empowered to subpoena materials, such as books, documents, and records, and bring people before it to testify orally or give depositions, or both. All members of the Board as well as the Secretary, the designated hearing officer, may place witnesses under oath in any authorized Department hearing or in other contexts in which the Department is authorized to do so by this act.
The Department will present the licensee with a copy of the Board’s report following the conclusion of the hearing. The licensee may request a rehearing, via a motion in writing, which indicates the reasons justifying a new hearing. This request must be made within 20 days after the licensee has been served with the Department’s report. If the motion for rehearing is denied, the Secretary is empowered to enter an order as recommended by the Board.
If the Secretary determines that emergency action is required to protect the public interest, welfare, or safety, she may move to suspend the accused individual’s license without a hearing first. However, a hearing must be scheduled for within 30 days of the suspension. The licensee may seek a continuance to postpone the hearing, but in such a case, the suspension will remain in effect.
In any action intended to discipline a license holder or to refuse to issue, restore, or renew a license, the Secretary may appoint an Illinois-licensed attorney to serve in her place as the hearing officer, with complete authority to direct the proceedings. The officer must establish findings pertaining to the allegations, the licensee’s conduct, and the law, and present these conclusions to the Board, along with her recommendations. Board members may attend hearings, if they wish, and are required to review the hearing officer’s report and then present the board findings to the Secretary and all parties to the hearing. The Secretary is permitted to enter an order that is inconsistent with the board or hearing officer’s recommendations if she disagrees with either party.
Once the order to suspend or revoke a license has been put through, the licensee is required to immediately hand over her license. If the licensee fails to surrender her license, the Department is empowered to seize it. If the Board so recommends (in writing), the Department can restore the suspended or revoked license at any time following the event. The exception to this is any instance in which the Board further investigates the issue, holds a hearing, and decides that restoring the license would not serve the public interest.
The Secretary may order that another hearing be held (before the same examiners or a different set) in the event that she believes that the disciplinary action taken was unjust.
Right to Petition Administrative/Judicial Review (Section 20-75)
All final administrative decisions are subject to judicial review under the provisions of the Administrative Review Law and its rules. The accused may request a judicial review by petitioning the circuit court of the county of her residence. If the party is not a resident of Illinois, the venue will be in Sangamon County.
Good Moral Character (Section 5-25)
The Board may revoke licenses or refuse to grant licenses to applicants who make false statements on their licensure applications. In evaluating an applicant’s moral character and deciding whether to grant a license, the Board may take into account facts and events from the applicant’s past, including prior conduct; revocation of her license; conviction for a felony that involved moral turpitude; or a conviction or plea of guilty or nolo contendere in cases involving “forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud.”
In evaluating past conduct, the Board will consider the particular details of the behavior or violation, how long ago the event(s) took place, whether the applicant has made restitution or been rehabilitated, and other factors as the Board desires.
Violations (Section 20-22)
Any person who is found working or acting as a managing broker, broker, 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 is guilty of a Class 4 felony.
Injunctions
In addition to criminal prosecutions, the Department has the duty and authority to originate an injunction to prevent or stop a violation or to prevent an unlicensed person from acting as a broker, managing broker, or leasing agent.
A violation of the Illinois Real Estate License Act of 2000 is specifically declared to be harmful to the public welfare and a public nuisance. The attorney general of Illinois, a county state’s attorney, the Department, and even private citizens may seek an injunction to stop or prevent a violation.
Disciplinary Statute of Limitations (Section 20-115)
No action may be taken by the Department against any person for violation of the terms of this act or its rules unless the action is commenced within five years after the occurrence of the alleged violation.
Index of Decisions (Section 20-5)
The Department is required to maintain an index of all its licensee-related formal decisions. This includes all refusals to issue, all renewals or refusals to renew, all revocations or suspensions of licenses, and all probationary and other disciplinary actions. The index is available for public inspection during normal business hours.
