(765 ILCS 101/Art. 15 heading)
Article 15.
Disciplinary Provisions
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(765 ILCS 101/15-5)
Sec. 15-5. Investigation. The Department may
investigate the actions or qualifications of any person or persons holding or
claiming to hold a certificate of registration under this Act. Such a person
is
referred to as "the respondent" in this Article.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-10)
Sec. 15-10. Disciplinary hearings; record; appointment of administrative
law judge.
(a) The Department has the authority to conduct hearings
before an administrative law judge on proceedings to revoke, suspend, place on
probation, reprimand, or refuse to issue or renew registrants registered under
this
Act, or to impose a civil penalty not to exceed $25,000 upon any registrant
registered under this Act.
(b) The Department, at its expense, shall preserve a
record
of all proceedings at the formal hearing of any case involving the refusal to
issue
or the revocation, suspension, or other discipline of a registrant. The
notice of
hearing, complaint, and all other documents in the nature of pleadings and
written
motions filed in the proceedings, the transcript of testimony, the report of
the
Board, and the orders of the Department shall be the
record of
proceeding. At all hearings or prehearing conferences, the Department and the respondent shall be entitled to have a court reporter in
attendance for purposes of transcribing the proceeding or prehearing
conference.
(c) The Secretary has the authority to appoint any attorney duly
licensed
to practice law in the State of Illinois to serve as an administrative law
judge in
any action for refusal to issue or renew a certificate of registration or to
discipline
a registrant or person holding a certificate of registration. The
administrative law
judge has full authority to conduct the hearing. The administrative law judge
shall
report his or her findings and recommendations to the Secretary. If the Secretary
disagrees with the recommendation of the administrative law
judge, the Secretary may issue an order in contravention of the
recommendation.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-15)
Sec. 15-15. Notice of proposed disciplinary action; hearing.
(a) Before taking any disciplinary action with regard to any registrant,
the
Department shall:
(1) notify the respondent in writing, at least 30
| | calendar days prior to the date set for the hearing, of any charges made, the time and place for the hearing of the charges, and that testimony at the hearing will be heard under oath; and
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(2) inform the respondent that upon failure to file
| | an answer and request a hearing before the date originally set for the hearing, default will be taken against the respondent and the respondent's registration may be suspended or revoked, or the respondent may be otherwise disciplined, as the Department may deem proper.
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(b) If the respondent fails to file an answer after receiving notice, the
respondent's registration may, in the discretion of the Department, be revoked or suspended, or the respondent may be
otherwise
disciplined as deemed proper,
without
a hearing, if the act or acts charged constitute sufficient grounds for that
action
under this Act.
(c) At the time and place fixed in the notice, the Department shall proceed to hearing of the charges. Both the respondent and the
complainant shall be accorded ample opportunity to present in person, or by
counsel, statements, testimony, evidence, and argument that may be pertinent to
the charges or any defense to the charges.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-20)
Sec. 15-20. Disciplinary consent orders. Notwithstanding any other
provisions of this Act concerning
the conduct of hearings and recommendations for disciplinary actions, the
Department has the authority to negotiate agreements with
registrants
and applicants resulting in disciplinary consent orders. Any such consent
order
may provide for any form of discipline provided for in the Act. Any such
consent
order shall provide that it is not entered into as a result of any coercion by
the Department. Any such consent order shall be accepted by
signature or rejected by the Secretary in a timely manner.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-25)
Sec. 15-25. Disciplinary action; civil penalty. The Department may refuse to issue or renew any registration, or revoke
or suspend
any registration or
place on probation or administrative supervision, or reprimand any
registrant, or impose a civil penalty not to exceed $25,000, for any one or
any
combination of the following causes:
(1) A registrant's disregard or violation of any
| | provision of this Act or of the rules adopted by the Department to enforce this Act.
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(2) A conviction of the registrant or any principal
| | of the registrant of (i) a felony under the laws of any U.S. jurisdiction, (ii) a misdemeanor under the laws of any U.S. jurisdiction if an essential element of the offense is dishonesty, or (iii) a crime under the laws of any U.S. jurisdiction if the crime relates directly to the practice of the profession regulated by this Act.
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(3) A registrant's making any misrepresentation for
| | the purpose of obtaining a registration or certificate of registration.
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(4) A registrant's discipline by another U.S.
| | jurisdiction, state agency, or foreign nation regarding the practice of the profession regulated by this Act, if at least one of the grounds for the discipline is the same as or substantially equivalent to one of those set forth in this Act.
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(5) A finding by the Department that the registrant,
| | after having his or her registration placed on probationary status, has violated the terms of probation.
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(6) A registrant's practicing or attempting to
| | practice under a name other than the name as shown on his or her registration or any other legally authorized name.
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(7) A registrant's failure to file a return, or to
| | pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of any such tax Act are satisfied.
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(8) A registrant's engaging in dishonorable,
| | unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(9) A registrant's aiding or abetting another person
| | or persons in disregarding or violating any provision of this Act or of the rules adopted by the Department to enforce this Act.
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(10) Any representation in any document or
| | information filed with the Department which is false or misleading.
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(11) A registrant's disseminating or causing to be
| | disseminated any false or misleading promotional materials or advertisements in connection with a timeshare plan.
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(12) A registrant's concealing, diverting, or
| | disposing of any funds or assets of any person in a manner that impairs the rights of purchasers of timeshare interests in the timeshare plan.
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(13) A registrant's failure to perform any
| | stipulation or agreement made to induce the Department to issue an order relating to the timeshare plan.
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(14) A registrant's engaging in any act that
| | constitutes a violation of Section 3-102, 3-103, 3-104, or 3-105 of the Illinois Human Rights Act.
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(15) A registrant's failure to provide information
| | requested in writing by the Department, within 30 days of the request, either as the result of a formal or informal complaint to the Department or as a result of a random audit conducted by the Department, which would indicate a violation of this Act.
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(16) A registrant's failure to account for or remit
| | any escrow funds coming into his or her possession which belonged to others.
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(17) A registrant's failure to make available to
| | Department personnel during normal business hours all escrow records and related documents maintained in connection therewith, within 24 hours after a request from the Department personnel.
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(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-30)
Sec. 15-30. Subpoenas; attendance of witnesses; oaths.
(a) The Department has the power to issue subpoenas ad
testificandum and to bring before it any persons, and to take testimony either
orally or by deposition, or both, with the same fees and mileage and in the
same
manner as prescribed in civil cases in the courts of this State. The Department has the power to issue subpoenas duces tecum and to bring
before
it any documents, papers, files, books, and records, with the same costs and in
the
same manner as prescribed in civil cases in the courts of this State.
(b) Upon application of the Department or its designee
or
of the applicant, registrant, or person holding a certificate of registration
against
whom proceedings under this Act are pending, any circuit court may enter an
order compelling the enforcement of any subpoena issued by the Department in connection with any hearing or investigation.
(c) The Secretary and the designated administrative law judge have power
to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-35)
Sec. 15-35. Administrative law judge's findings of fact, conclusions of
law,
and recommendations. At the conclusion of the hearing, the administrative law
judge shall present to the Secretary a written report of the administrative
law
judge's findings of fact, conclusions of law, and recommendations regarding
discipline or a civil penalty. The report shall contain a finding of whether
or not the respondent
violated this Act or failed to comply with conditions
required
in this Act. The administrative law judge shall specify the nature of the
violation
or failure to comply.
If the Secretary disagrees in any regard with the report of the
administrative law judge, the Secretary may issue an order in contravention
of the report. The Secretary shall provide a written report to the
administrative law judge on any deviation and shall specify with particularity
the
reasons for that action in the final order.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-40)
Sec. 15-40. Rehearing. After any hearing involving disciplinary action
against a
registrant, a copy of the administrative law judge's report shall be served on
the
respondent by the Department, either personally or as
provided in this Act for the service of the notice of hearing. Within 20
calendar
days after the service, the respondent may present to the Department a motion in writing for a rehearing. The motion shall specify the
particular grounds for rehearing.
If the respondent orders a transcript of the record from the reporting service
and pays for it within the time for filing a motion for rehearing, the 20
calendar
day period within which a motion for rehearing may be filed shall commence upon
the delivery of the transcript to the respondent.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing a motion, or if a motion for rehearing is denied, then
upon
denial, the Secretary may enter an order in accordance with the
recommendations of the administrative law judge, except as otherwise provided
in this Article.
Whenever the Secretary is not satisfied that substantial justice has been
done in the hearing or in the administrative law judge's report,
the Secretary
may order a rehearing by the same or some other duly qualified administrative
law judge.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-45)
Sec. 15-45. Order or certified copy. An order or a certified copy of
an
order, over the seal of the Department and purporting to
be
signed by the Secretary, shall be prima facie proof of the following:
(1) That the signature is the genuine signature of
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(2) That the Secretary is duly appointed and
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(3) That the administrative law judge is duly
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(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-50)
Sec. 15-50. Restoration of certificate of registration. At any time
after the
suspension or revocation of any certificate of registration, the Department may restore the certificate of registration to the respondent
upon
the written recommendation of the Secretary, unless after an
investigation and a hearing the Secretary determines that
restoration is not in the public interest.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-55)
Sec. 15-55. Surrender of certificate of registration. Upon the
revocation or
suspension of a certificate of registration, the registrant shall immediately
surrender the certificate of registration to the Department. If
the registrant fails to do so, the Department has the
right to
seize the certificate of registration.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-60)
Sec. 15-60. Administrative Review Law. All final administrative
decisions
of the Department under this Act are subject to judicial
review
under the Administrative Review Law and the rules implementing that Law. The
term "administrative decision" is defined as in Section 3-101 of the Code of
Civil
Procedure.
Proceedings for judicial review shall be commenced in the circuit court of the
county in which the party applying for review resides, but if the party
is not a
resident of this State, the venue shall be in Cook or Sangamon County.
Pending the court's final decision on administrative review, the acts,
orders,
sanctions, and rulings of the Department regarding any
registration shall remain in full force and effect unless modified or stayed
by
court order pending a final judicial decision.
The Department
shall not be required to certify any record to the court or file any answer
in court
or otherwise appear in any court in a judicial review proceeding unless
there is
filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the
record.
Failure on the part of the plaintiff to file a receipt in the court is grounds
for
dismissal of the action.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-65)
Sec. 15-65. Public interest, safety, or welfare; summary suspension. The Secretary
may temporarily
suspend any registration pursuant to this Act, without hearing, simultaneously
with the institution of proceedings for a hearing provided for in this Section,
if the
Secretary finds that the evidence indicates that the public interest,
safety, or
welfare imperatively requires emergency action. If the Secretary
temporarily
suspends any registration without a hearing, a hearing must be held within 30
calendar days after the suspension. The person whose registration is suspended
may seek a continuance of the hearing, during which the suspension shall remain
in effect. The proceeding shall be concluded without appreciable delay.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-70)
Sec. 15-70. Non-registered practice; civil penalty; injunction.
(a) Any person who practices, offers to practice, attempts to practice, or
holds
himself or herself out to practice as a registrant under this Act without being
registered 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 registrant.
(b) The Department has the authority and power to
investigate any and all non-registered activity.
(c) A civil penalty imposed under subsection (a) 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 may be had thereon, in the same manner as any judgment
from any
court of record.
(d) Engaging in timeshare practices
in Illinois by any entity not holding a valid and current
certificate of
registration
under
this Act is declared to be inimical to the public welfare, to constitute a
public
nuisance, and to cause irreparable harm to the public welfare. The Secretary,
the Attorney General, the State's Attorney of any county in the State, or any
person may maintain an action in the name of the People of the State of
Illinois,
and may apply for injunctive relief in any circuit court to enjoin such entity
from
engaging in such practice. Upon the filing of a verified petition in the
court, the
court, if satisfied by affidavit or otherwise that such entity has been engaged
in
such practice without a valid and current
certificate of
registration, may enter a temporary
restraining order without notice or bond, enjoining the defendant from such
further
practice. Only the showing of nonregistration, by affidavit or otherwise, is
necessary in order for a temporary injunction to issue. A copy of the verified
complaint shall be served upon the defendant and the proceedings shall
thereafter
be conducted as in other civil cases except as modified by this Section. If it
is
established that the defendant has been or is engaged in such unlawful
practice,
the court may enter an order or judgment perpetually enjoining the defendant
from
further practice. In all proceedings hereunder, the court, in its discretion,
may
apportion the costs among the parties interested in the action, including cost
of
filing the complaint, service of process, witness fees and expenses, court
reporter
charges and reasonable attorneys' fees. In the case of a violation of any
injunctive
order entered under the provisions of this Section, the court may summarily try
and punish the offender for contempt of court. Proceedings for an injunction
under this Section shall be in addition to, and not in lieu of, all penalties
and other
remedies provided in this Act.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-75)
Sec. 15-75.
Action for compensation; proof of
registration.
No action or counterclaim may be maintained by any person in any court in this
State with respect to any agreement, contract, or services for which
registration is
required by this Act, or to recover the agreed price or any compensation under
any
such agreement, or to recover for services for which a registration is
required by
this Act, without alleging and proving that the person had a valid
certificate of registration at
the time of making the agreement or doing the work.
(Source: P.A. 91-585, eff. 1-1-00.)
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(765 ILCS 101/15-80)
Sec. 15-80. Cease and desist orders. The Department
may issue a cease and desist order to any person who engages in any activity
prohibited by this Act. Any person in violation of a cease and desist order
entered
by the Department is subject to all of the remedies
provided
by law.
(Source: P.A. 96-738, eff. 8-25-09.)
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(765 ILCS 101/15-85)
Sec. 15-85.
Statute of limitations.
Any action or proceeding to
enforce
any provision of this Act must be commenced within 5 years following the date
of
the claim upon which the action or proceeding is based accrues.
(Source: P.A. 91-585, eff. 1-1-00.)
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