Article 20 - Administration
(765 ILCS 86/Art. 20 heading) Article 20. Administration
(765 ILCS 86/20‑5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑5. Administration of Act. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois and shall exercise other powers and duties necessary for effectuating the purposes of this Act. The Department may contract with third parties for services necessary for the proper administration of this Act. The Department has the authority to establish public policies and procedures necessary for the administration of this Act.
(Source: P.A. 96‑855, eff. 12‑31‑09.)
(765 ILCS 86/20‑10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑10. Administrative rules. The Department shall adopt rules for the implementation and enforcement of this Act.
(Source: P.A. 96‑855, eff. 12‑31‑09.)
(765 ILCS 86/20‑15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑15. Investigation of subdivisions. The Department may investigate any subdivision offered for sale in this State and may:
(1) Require the applicant to submit reports prepared
| by competent engineers concerning any hazard to which any subdivision offered for sale is subject in the opinion of the Department, or any factor that affects the utility of lots or parcels within the subdivision, and require evidence of compliance. | |
(2) Make an on‑site inspection of each subdivision. |
| In connection with any on‑site inspection, the owner, subdivider, or agent shall defray all expenses incurred by the inspector in the course of the inspection. | |
(3) Make additional on‑site inspections of each |
| subdivision for which the owner, subdivider, or agent shall defray all expenses incurred by the inspector in the course of the inspection. | |
(4) Require the owner, subdivider, or agent to |
| deposit the expenses to be incurred in any inspection, in advance, based upon an estimate by the Department of the expenses likely to be incurred. | |
(5) In those cases where an on‑site inspection of |
| any subdivision has been made under the provisions of this Act, waive an inspection of a subsequent registration submitted as an amendment to the registration covering subdivided land to be sold under the same common promotional plan. An inspection of the subsequent registration may be made in connection with the next succeeding on‑site inspection. | |
(Source: P.A. 96‑855, eff. 12‑31‑09.) |
(765 ILCS 86/20‑20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑20. Forms. The Department may prescribe forms and procedures for submitting to the Department.
(Source: P.A. 96‑855, eff. 12‑31‑09.)
(765 ILCS 86/20‑25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑25. Real Estate License Administration Fund. All fees collected for registration and for civil penalties pursuant to this Act and administrative rules adopted under this Act shall be deposited into the Real Estate Administration Fund. The moneys deposited in the Real Estate Administration License Fund shall be appropriated to the Department for expenses for the administration and enforcement of this Act.
(Source: P.A. 96‑855, eff. 12‑31‑09.)
(765 ILCS 86/20‑30)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑30. Registrations under preceding Act. All registrations of subdivisions under the Land Sales Registration Act of 1989 in effect on the effective date of this Act shall remain in full force and effect after the effective date of this Act and be considered registered under this Act. The provisions of this Act, insofar as they are the same or substantially the same as those of any prior law, shall be construed as a continuation of such prior law and not as a new enactment. Any existing injunction or temporary restraining order validly obtained under the Land Sales Registration Act of 1989 which prohibits unregistered practice of land sales is not invalidated by the enactment of this Act and shall continue to have full force and effect on and after the effective date of this Act. Any existing discipline or investigation pursuant to a violation under the Land Sales Registration Act of 1989 is not invalidated by the enactment of this Act and shall continue to have full force and effect on and after the effective date of this Act.
(Source: P.A. 91‑338, eff. 12‑30‑99.)
(765 ILCS 86/20‑35)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20‑35. 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 registration at the time of making the agreement or doing the work.
(Source: P.A. 91‑338, eff. 12‑30‑99.)