(225 ILCS 454/Art. 30 heading)
ARTICLE 30.
SCHOOLS AND INSTRUCTORS
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(225 ILCS 454/30-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-5. Licensing of pre-license schools, school branches, and
instructors.
(a) No person shall operate a pre-license school or school branch without
possessing a valid
pre-license school or school branch license issued by the Department. No person shall
act as a pre-license instructor at a pre-license school or school branch
without possessing
a valid pre-license
instructor license issued by the Department. Every person who desires to obtain a
pre-license school,
school branch, or pre-license instructor license shall make application to the Department
in writing in form
and substance satisfactory to the Department and pay the required fees prescribed by
rule. In addition to any
other information required to be contained in the application, every
application for an original license shall include the applicant's Social Security number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
Every application for a renewal or restored license shall require the applicant's customer identification number.
The Department
shall issue a pre-license school, school branch, or pre-license instructor
license to applicants who meet
qualification criteria established by rule. The Department may refuse to issue, suspend,
revoke, or otherwise discipline a pre-license school, school branch, or
pre-license instructor
license or may withdraw
approval of a course offered by a pre-license school for good cause.
Disciplinary proceedings
shall be conducted by the Board in the same manner as other disciplinary
proceedings under this
Act.
(b) All pre-license instructors must teach at least one course within the
period of licensure or
take an instructor training program approved by the Department in lieu thereof. A
pre-license instructor
may teach at more than one licensed pre-license school.
(c) The term of license for pre-license schools, branches, and instructors
shall be 2 years as
established by rule.
(d) The Department or the Advisory Council may, after notice, cause a pre-license
school to attend an
informal conference before the Advisory Council for failure to comply with any
requirement for
licensure or for failure to comply with any provision of this Act or the rules
for the administration
of this Act. The Advisory Council shall make a recommendation to the Board as
a result of its
findings at the conclusion of any such informal conference.
(e) For purposes of this Section, the term "pre-license" shall also include the 30-hour post-license course required to be taken to retain a broker's license.
(Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
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(225 ILCS 454/30-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-10. Advisory Council; powers and duties. There is created within the Department an Advisory Council to be comprised of 5 members
appointed by the Governor. The members' terms shall be 4 years or until their successor is appointed and the expiration of their terms shall be staggered. No member shall be reappointed to the Advisory Council for a term that would cause his or her service on the Advisory Council to be longer than 12
years in a lifetime. Two of the members shall be licensees who are current
members of the Board,
one member shall be a representative of an Illinois real estate trade
organization who is not a
member of the Board, one member shall be a representative of a licensed
pre-license school or
continuing education school, and one member shall be a representative of an
institution of higher
education that offers pre-license and continuing education courses. The Real Estate Coordinator
shall serve as the chairman of the Advisory Council, ex officio, without vote. Three Advisory Council members shall constitute a quorum. A quorum is required for all Advisory Council decisions.
The Advisory Council shall recommend criteria for the licensing and renewal of pre-license
schools, pre-license instructors, continuing education schools, and continuing
education instructors; review
applications for these licenses to determine if the applicants meet the
qualifications for licensure
established in this Act and by rule; approve pre-license school and continuing
education
curricula; and make recommendations to the Board regarding rules to be adopted
for the conduct of schools and instructors and the
administration of the education provisions of this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/30-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-15. Licensing of continuing education schools; approval of
courses.
(a) Only continuing education schools in possession of a valid continuing
education
school license
may provide real estate continuing education courses that will satisfy the
requirements of this
Act. Pre-license schools licensed to offer pre-license education courses for
salespersons, brokers and
managing brokers shall qualify for a continuing education school license upon completion
of an application
and the submission of the required fee. Every entity that desires to obtain a
continuing education
school license shall make application to the Department in writing in forms prescribed by the Department
and pay
the fee prescribed by rule. In addition to any other information required to
be contained in the
application, every application for an original or renewed license shall include
the applicant's Social
Security number.
(b) The criteria for a continuing education license
shall include the
following:
(1) A sound financial base for establishing,
| | promoting, and delivering the necessary courses. Budget planning for the School's courses should be clearly projected.
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(2) A sufficient number of qualified, licensed
| | instructors as provided by rule.
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(3) Adequate support personnel to assist with
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(4) Maintenance and availability of records of
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(5) The ability to provide each participant who
| | successfully completes an approved program with a certificate of completion signed by the administrator of a licensed continuing education school on forms provided by the Department.
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(6) The continuing education school must have a
| | written policy dealing with procedures for the management of grievances and fee refunds.
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(7) The continuing education school shall maintain
| | lesson plans and examinations for each course.
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(8) The continuing education school shall require a
| | 70% passing grade for successful completion of any continuing education course.
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(9) The continuing education school shall identify
| | and use instructors who will teach in a planned program. Suggested criteria for instructor selections include:
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(A) appropriate credentials;
(B) competence as a teacher;
(C) knowledge of content area; and
(D) qualification by experience.
(10) The continuing education school shall provide a
| | proctor or an electronic means of proctoring for each examination. The continuing education school shall be responsible for the conduct of the proctor. The duties and responsibilities of a proctor shall be established by rule.
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| (11) The continuing education school must provide for
| | closed book examinations for each course unless the Advisory Council excuses this requirement based on the complexity of the course material.
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| (c) Advertising and promotion of continuing education activities must be
carried out in
a responsible fashion, clearly showing the educational objectives of the
activity, the nature of the
audience that may benefit from the activity, the cost of the activity to the
participant and the items
covered by the cost, the amount of credit that can be earned, and the
credentials of the faculty.
(d) The Department may or upon request of the Advisory Council shall, after notice,
cause a
continuing education school to attend an informal conference before the
Advisory Council for
failure to comply with any requirement for licensure or for failure to comply
with any provision of
this Act or the rules for the administration of this Act. The Advisory Council
shall make a
recommendation to the Board as a result of its findings at the conclusion of
any such informal
conference.
(e) All continuing education schools shall maintain these minimum criteria
and pay
the required fee in order to retain their continuing education school license.
(f) All continuing education schools shall submit, at the time of initial
application and
with each license renewal, a list of courses with course materials to be
offered by the continuing
education school. The Department, however, shall establish a mechanism whereby
continuing education
schools may apply for and obtain approval for continuing education courses that
are submitted
after the time of initial application or renewal. The Department shall provide to each
continuing education
school a certificate for each approved continuing education course. All
continuing education
courses shall be valid for the period coinciding with the term of license of
the continuing education
school. All continuing education schools shall provide a copy of the
certificate of the continuing
education course within the course materials given to each student or shall
display a copy of the
certificate of the continuing education course in a conspicuous place at the
location of the class.
(g) Each continuing education school shall provide to the Department a monthly report
in a
format determined by the Department, with information concerning students who
successfully completed all
approved continuing education courses offered by the continuing education
school for the prior
month.
(h) The Department, upon the recommendation of the Advisory Council, may temporarily
suspend a licensed continuing education school's approved courses without
hearing and refuse to
accept successful completion of or participation in any of these continuing
education courses for
continuing education credit from that school upon the failure of that
continuing education school
to comply with the provisions of this Act or the rules for the administration
of this Act, until such
time as the Department receives satisfactory assurance of compliance. The Department shall notify
the continuing
education school of the noncompliance and may initiate disciplinary
proceedings pursuant to
this Act. The Department
may refuse to issue, suspend, revoke, or otherwise discipline the license
of a continuing
education school or may withdraw approval of a continuing education course for
good cause.
Failure to comply with the requirements of this Section or any other
requirements
established by rule shall
be deemed to be good cause. Disciplinary proceedings shall be conducted by the
Board in the same
manner as other disciplinary proceedings under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/30-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-20. Fees for continuing education school license; renewal; term. All applications for a continuing education school license shall be
accompanied by a
nonrefundable application fee in an amount established by rule.
All
continuing education schools
shall be required to submit a renewal application, the required fee as
established by rule, and a
listing of the courses to be offered during the year to renew their continuing
education school
licenses. The term for a continuing education school license shall be 2 years
and
as established by
rule.
The fees collected under this Article 30 shall be deposited in the Real Estate
License Administration Fund and
shall be used to defray the cost of administration of the program and per diem
of the Advisory
Council as determined by the Secretary.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/30-25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-25. Licensing of continuing education instructors.
(a) No such person shall act as a continuing education instructor at a continuing education school or branch without possessing a
valid continuing
education instructor license and satisfying any other qualification criteria established by the Department by rule.
(b) After the effective date of this Act, every person who desires to obtain a continuing education instructor's license shall attend and successfully complete a one-day instructor development workshop, as approved by the Department. The term of licensure for a continuing education instructor shall be 2 years and as established by rule. Every person who desires to obtain a continuing education instructor
license shall make
application to the Department in writing on forms prescribed by the Office, accompanied
by the fee
prescribed by rule. In addition to any other information required to be
contained in the application,
every application for an original license shall include the
applicant's Social Security
number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
Every application for a renewal or restored license shall require the applicant's customer identification number.
The Department shall issue a continuing education instructor license to
applicants who meet
qualification criteria established by this Act or rule.
(c) The Department may refuse to issue, suspend, revoke, or otherwise discipline a
continuing education
instructor for good cause. Disciplinary proceedings shall be conducted by the
Board in the same
manner as other disciplinary proceedings under this Act. All continuing
education instructors
must teach at least one course within the period of licensure or take an
instructor training program
approved by the Department in lieu thereof.
(Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
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(225 ILCS 454/30-30)
Sec. 30-30. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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