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Article 15 - Disciplinary Provisions

      (765 ILCS 101/Art. 15 heading)Article 15. Disciplinary Provisions

    (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.)

    (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.)

    (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

(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.

(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.)

    (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.)

    (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.

(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.

(3) A registrant's making any misrepresentation for

the purpose of obtaining a registration or certificate of registration.

(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.

(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.

(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.

(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.

(8) A registrant's engaging in dishonorable,

unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(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.

(10) Any representation in any document or

information filed with the Department which is false or misleading.

(11) A registrant's disseminating or causing to be

disseminated any false or misleading promotional materials or advertisements in connection with a timeshare plan.

(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.

(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.

(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.

(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.

(16) A registrant's failure to account for or remit

any escrow funds coming into his or her possession which belonged to others.

(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.

(Source: P.A. 96‑738, eff. 8‑25‑09.)

    (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.)

    (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.)

    (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.)

    (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

the Secretary.

(2) That the Secretary is duly appointed and

qualified.

(3) That the administrative law judge is duly

appointed and qualified.

(Source: P.A. 96‑738, eff. 8‑25‑09.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

(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.)

    (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.)

(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.)