Article 5 - Licensing Provisions
(225 ILCS 458/Art. 5 heading) ARTICLE 5. LICENSING PROVISIONS (Scheduled to be repealed on January 1, 2012)
(225 ILCS 458/5‑5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑5. Necessity of license; use of title; exemptions.
(a) It is unlawful for a person to (i) act, offer services, or advertise services as a State certified general real estate appraiser, State certified residential real estate appraiser, or associate real estate trainee appraiser, (ii) develop a real estate appraisal, (iii) practice as a real estate appraiser, (iv) advertise or hold himself or herself out to be a real estate appraiser, or (v) solicit clients or enter into an appraisal engagement with clients without a license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(b) It is unlawful for a person, other than a person who holds a valid license issued pursuant to this Act as a State certified general real estate appraiser, a State certified residential real estate appraiser, or an associate real estate trainee appraiser to use these titles or any other title, designation, or abbreviation likely to create the impression that the person is licensed as a real estate appraiser pursuant to this Act. A person who violates this subsection is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense.
(c) The licensing requirements of this Act do not require a person who holds a valid license pursuant to the Real Estate License Act of 2000, to be licensed as a real estate appraiser under this Act, unless that person is providing or attempting to provide an appraisal report, as defined in Section 1‑10 of this Act, in connection with a federally‑related transaction. Nothing in this Act shall prohibit a person who holds a valid license under the Real Estate License Act of 2000 from performing a comparative market analysis or broker price opinion for compensation, provided that the person does not hold himself out as being a licensed real estate appraiser.
(d) Nothing in this Act shall preclude a State certified general real estate appraiser, a State certified residential real estate appraiser, or an associate real estate trainee appraiser from rendering appraisals for or on behalf of a partnership, association, corporation, firm, or group. However, no State appraisal license or certification shall be issued under this Act to a partnership, association, corporation, firm, or group.
(e) This Act does not apply to a county assessor, township assessor, multi‑township assessor, county supervisor of assessments, or any deputy or employee of any county assessor, township assessor, multi‑township assessor, or county supervisor of assessments who is performing his or her respective duties in accordance with the provisions of the Property Tax Code.
(f) A State real estate appraisal certification or license is not required under this Act for any of the following:
(1) A person, partnership, association, or
| corporation that performs appraisals of property owned by that person, partnership, association, or corporation for the sole use of that person, partnership, association, or corporation. | |
(2) A court‑appointed commissioner who conducts an |
| appraisal pursuant to a judicially ordered evaluation of property. | |
However, any person who is certified or licensed under this |
| Act and who performs any of the activities set forth in this subsection (f) must comply with the provisions of this Act. A person who violates this subsection (f) is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for any subsequent offense. | |
(g) This Act does not apply to an employee, officer, |
| director, or member of a credit or loan committee of a financial institution or any other person engaged by a financial institution when performing an evaluation of real property for the sole use of the financial institution in a transaction for which the financial institution would not be required to use the services of a State licensed or State certified appraiser pursuant to federal regulations adopted under Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, nor does this Act apply to the procurement of an automated valuation model. | |
"Automated valuation model" means an automated system |
| that is used to derive a property value through the use of publicly available property records and various analytic methodologies such as comparable sales prices, home characteristics, and historical home price appreciations. | |
(Source: P.A. 96‑844, eff. 12‑23‑09.) |
(225 ILCS 458/5‑10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑10. Application for State certified general real estate appraiser.
(a) Every person who desires to obtain a State certified general real estate appraiser license shall:
(1) apply to the Department on forms provided by the |
| Department accompanied by the required fee; |
|
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination |
| authorized by the Department and endorsed by the AQB; |
|
(5) prior to taking the examination, provide evidence |
| to the Department, in Modular Course format, with each module conforming to the Real Property Appraiser Qualification Criteria established and adopted by the AQB, that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and |
|
(6) prior to taking the examination, provide evidence |
| to the Department that he or she has successfully completed the prerequisite experience requirements in appraising as established by AQB and by rule. |
|
(b) Applicants must provide evidence to the Department of (i) holding a Bachelor's degree or higher from an accredited college or university or (ii) successfully passing 30 semester credit hours or the equivalent from an accredited college or university, junior college, or community college in the following subjects:
(1) English composition;
(2) micro economics;
(3) macro economics;
(4) finance;
(5) algebra, geometry, or higher mathematics;
(6) statistics;
(7) introduction to computers‑word |
| processing and spreadsheets; |
|
(8) business or real estate law; and
(9) two elective courses in accounting, geography, |
| agricultural economics, business management, or real estate. |
|
If an accredited college or university accepts the |
| College‑Level Examination Program (CLEP) examinations and issues a transcript for the exam showing its approval, it will be considered credit for the college course for the purposes of meeting the requirements of this subsection (b). |
|
(Source: P.A. 96‑844, eff. 12‑23‑09; 96‑1000, eff. 7‑2‑10.) |
(225 ILCS 458/5‑15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑15. Application for State certified residential real estate appraiser.
(a) Every person who desires to obtain a State certified residential real estate appraiser license shall:
(1) apply to the Department on forms provided by the
| Department accompanied by the required fee; | |
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination |
| authorized by the Department and endorsed by the AQB; | |
(5) prior to taking the examination, provide evidence |
| to the Department, in Modular Course format, with each module conforming to the Real Property Appraiser Qualification Criteria established and adopted by the AQB, that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and | |
(6) prior to taking the examination, provide evidence |
| to the Department that he or she has successfully completed the prerequisite experience requirements as established by AQB and by rule. | |
(b) Applicants must provide evidence to the Department of (i) holding an Associate's degree or its equivalent from an accredited college or university, junior college, or community college or (ii) successfully passing 21 semester credit hours or the equivalent from an accredited college or university, junior college, or community college in the following subjects:
(1) English composition;
(2) principals of economics (micro or macro);
(3) finance;
(4) algebra, geometry, or higher mathematics;
(5) statistics;
(6) introduction to computers‑word |
| processing and spreadsheets; and | |
(7) business or real estate law.
If an accredited college or university accepts the |
| College‑Level Examination Program (CLEP) examinations and issues a transcript for the exam showing its approval, it will be considered credit for the college course for the purposes of the requirements of this subsection (b). | |
(Source: P.A. 96‑844, eff. 12‑23‑09.) |
(225 ILCS 458/5‑20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑20. Application for associate real estate trainee appraiser. Every person who desires to obtain an associate real estate trainee appraiser license shall:
(1) apply to the Department on forms provided by
| the Department accompanied by the required fee; | |
(2) be at least 18 years of age;
(3) provide evidence of having attained a high |
| school diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education; | |
(4) personally take and pass an examination |
| authorized by the Department; and | |
(5) prior to taking the examination, provide |
| evidence to the Department that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by rule. | |
(Source: P.A. 96‑844, eff. 12‑23‑09.) |
(225 ILCS 458/5‑20.5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑20.5. Duration of application. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑21)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑21. Change of address notification. Any individual licensed under this Act must inform the Department of any change of address in a manner and within the amount of time determined by the Department.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑25. Renewal of license.
(a) The expiration date and renewal period for a State certified general real estate appraiser license or a State certified residential real estate appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (b) and (f) of this Section, the holder of a license may renew the license within 90 days preceding the expiration date by:
(1) completing and submitting to the Department a
| renewal application form as provided by the Department; | |
(2) paying the required fees; and
(3) providing evidence of successful completion of |
| the continuing education requirements through courses approved by the Department from education providers licensed by the Department, as established by the AQB and by rule. | |
(b) A State certified general real estate appraiser or State certified residential real estate appraiser whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (a) of this Section and paying any late penalties established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an associate real estate trainee appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (e) and (f) of this Section, the holder of an associate real estate appraiser license may renew the license within 90 days preceding the expiration date by:
(1) completing and submitting to the Department a |
| renewal application form as provided by the Department; | |
(2) paying the required fees; and
(3) providing evidence of successful completion of |
| the continuing education requirements through courses approved by the Department from education providers approved by the Department, as established by rule. | |
(e) Any associate real estate appraiser trainee whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (d) of this Section and paying any late penalties as established by rule. An associate real estate trainee appraiser license may not be renewed more than 2 times.
(f) Notwithstanding subsections (c) and (e), an appraiser whose license under this Act has expired may renew or convert the license without paying any lapsed renewal fees or late penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed |
| |
(2) serving as the Coordinator of Real Estate |
| Appraisal or an employee of the Department who was required to surrender his or her license during the term of employment. | |
Application for renewal must be made within 2 years following the termination of the military service or related education, training, or employment. The licensee shall furnish the Department with an affidavit that he or she was so engaged.
(g) The Department shall provide reasonable care and due diligence to ensure that each licensee under this Act is provided with a renewal application at least 90 days prior to the expiration date, but each licensee is responsible to timely renew or convert his or her license prior to its expiration date.
(Source: P.A. 96‑844, eff. 12‑23‑09.) |
(225 ILCS 458/5‑30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑30. Endorsement. The Department may issue an appraiser license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia, if (i) the licensing requirements of that licensing authority are, on the date of licensure, substantially equal to the requirements set forth under this Act or to a person who, at the time of his or her application, possessed individual qualifications that were substantially equivalent to the requirements of this Act or (ii) the applicant provides the Department with evidence of good standing from the Appraisal Subcommittee National Registry report. An applicant under this Section shall pay all of the required fees.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑35. Pre‑license education requirements.
(a) The prerequisite classroom hours necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be in accordance with AQB criteria and established by rule.
(b) The prerequisite classroom hours necessary for a person to sit for the examination for licensure as an associate real estate trainee appraiser shall be established by rule.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑40. Pre‑license experience requirements. The prerequisite experience necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑45. Continuing education renewal requirements.
(a) The continuing education requirements for a person to renew a license as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule.
(b) The continuing education requirements for a person to renew a license as an associate real estate trainee appraiser shall be established by rule.
(Source: P.A. 96‑844, eff. 12‑23‑09.)
(225 ILCS 458/5‑50)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑50. Temporary practice permits. A nonresident appraiser who holds a valid appraiser license in another state, territory, possession of the United States, or the District of Columbia may be granted a temporary practice permit to practice as an appraiser in the State of Illinois upon making an application and paying the applicable fees pursuant to Appraisal Subcommittee policy statements and as established by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.) |
(225 ILCS 458/5‑55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑55. Fees. The Department shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of the Department in administering and enforcing the provisions of this Act. The Department may also establish rules for general fees to cover the reasonable expenses of carrying out other functions and responsibilities under this Act.
(Source: P.A. 96‑844, eff. 12‑23‑09.)