(225 ILCS 407/10‑1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10‑1.
Necessity of license; exemptions.
(a) It is unlawful for any
person, corporation,
limited liability company, partnership, or other entity to conduct an auction,
provide an auction
service, hold himself or herself out as an auctioneer, or advertise his or her
services as an auctioneer
in the State of Illinois without a license issued by OBRE under this Act,
except at:
(1) an auction conducted solely by or for a |
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not‑for‑profit organization for charitable purposes;
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(2) an auction conducted by the owner of the
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property, real or personal;
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(3) an auction for the sale or lease of real
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property conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act;
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(4) an auction conducted by a business registered as
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a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law;
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(5) an auction conducted by an agent, officer, or
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employee of a federal agency in the conduct of his or her official duties; and
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(6) an auction conducted by an agent, officer, or
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employee of the State government or any political subdivision thereof performing his or her official duties.
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(b) Nothing in this Act shall be construed to apply to a new or used
vehicle dealer
or a vehicle auctioneer licensed by the Secretary of State of Illinois, or
to any employee of the
licensee, who is a resident of the State of Illinois,
while the employee is acting in the regular scope of his or her employment for
the licensee
while conducting an auction that is not open to the public, provided that
only new or used vehicle dealers,
rebuilders, automotive parts recyclers, scrap processors, or out‑of‑state
salvage vehicle buyers licensed by the Secretary of State or licensed by
another jurisdiction may buy property at the auction, or to sales by or
through the licensee.
(c) Nothing in this Act shall be construed to prohibit a person under the
age of 18 from selling property under $250 in value while under the direct
supervision of a licensed auctioneer.
(d) Nothing in this Act, except Section 10‑27, shall be construed to
apply to a person while providing an Internet auction listing service as
defined
in Section 10‑27.
(Source: P.A. 91‑603, eff. 1‑1‑00; 92‑798, eff. 8‑15‑02.)
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(225 ILCS 407/10‑27)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10‑27.
Registration of Internet Auction Listing Service.
(a) For the purposes of this Section:
(1) "Internet Auction Listing Service" means a |
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website on the Internet, or other interactive computer service that is designed to allow or advertised as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an on‑line bid submission process using that website or interactive computer service and that does not examine, set the price, or prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.
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(2) "Interactive computer service" means any
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information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.
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(b) It is unlawful for any person, corporation, limited liability company,
partnership, or other entity to provide an Internet auction listing service in
the State of Illinois for compensation without being registered with the Office
of Banks and Real Estate (OBRE) when:
(1) the person, corporation, limited liability
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company, partnership, or other entity providing the Internet auction listing service is located in the State of Illinois;
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(2) the prospective seller or seller, prospective
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lessor or lessor, or prospective purchaser or purchaser is located in the State of Illinois and is required to agree to terms with the person, corporation, limited liability company, partnership, or other entity providing the Internet auction listing service, no matter where that person, corporation, limited liability company, partnership, or other entity is located; or
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(3) the personal property or services offered for
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sale or lease are located or will be provided in the State of Illinois.
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(c) Any person, corporation, limited liability company, partnership, or
other entity that provides an Internet auction listing service in the State of
Illinois for compensation under any of the circumstances listed in subsection
(b) shall register with OBRE on forms provided by OBRE accompanied by the
required fee as provided by rule. Such registration shall include
information as required by OBRE and established by rule as OBRE deems necessary
to enable users of the Internet auction listing service in Illinois to identify
the entity providing the service and to seek redress or further information
from such entity. The fee shall be sufficient to cover the reasonable costs of
OBRE in administering and enforcing the provisions of this Section. The
registrant shall be required to certify:
(1) that the registrant does not act as the agent of
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users who sell items on its website, and acts only as a venue for user transactions;
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(2) that the registrant requires sellers and bidders
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to register with the website and provide their name, address, telephone number and e‑mail address;
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(3) that the registrant retains such information for
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a period of at least 2 years;
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(4) that the registrant retains transactional
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information consisting of at least seller identification, high bidder identification, and item sold for at least 2 years from the close of a transaction, and has a mechanism to identify all transactions involving a particular seller or buyer;
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(5) that the registrant has a mechanism to receive
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complaints or inquiries from users;
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(6) that the registrant adopts and reasonably
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implements a policy of suspending, in appropriate circumstances, the accounts of users who, based on the registrant's investigation, are proven to have engaged in a pattern of activity that appears to be deliberately designed to defraud consumers on the registrant's website; and
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(7) that the registrant will comply with OBRE and
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law enforcement requests for stored data in its possession, subject to the requirements of applicable law.
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(d) OBRE may refuse to accept a registration which is incomplete or not
accompanied by the required fee. OBRE may impose a civil penalty not to exceed
$10,000 upon any Internet auction listing service that intentionally fails to
register as required by this Section, and may impose such penalty or
revoke, suspend, or place on probation or administrative supervision
the registration of any Internet auction listing service that:
(1) intentionally makes a false or fraudulent
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material representation or material misstatement or misrepresentation to OBRE in connection with its registration, including in the certification required under subsection (c);
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(2) is convicted of any crime, an essential element
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of which is dishonesty, fraud, larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game; or is convicted in this or another state of a crime that is a felony under the laws of this State; or is convicted of a felony in a federal court;
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(3) is adjudged to be a person under legal
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disability or subject to involuntary admission or to meet the standard for judicial admission as provided in the Mental Health and Developmental Disabilities Code;
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(4) has been subject to discipline by another state,
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the District of Columbia, a territory of the United States, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or equivalent to one of the grounds for discipline set forth in this Section or for failing to report to OBRE, within 30 days, any adverse final action taken against the registrant by any other licensing or registering jurisdiction, government agency, law enforcement agency, or court, or liability for conduct that would constitute grounds for action as set forth in this Section;
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(5) fails to make available to OBRE personnel during
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normal business hours all records and related documents maintained in connection with the activities subject to registration under this Section;
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(6) makes or files false records or reports in
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connection with activities subject to registration, including but not limited to false records or reports filed with State agencies;
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(7) fails to provide information within 30 days in
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response to a written request made by the OBRE to a person designated in the registration for receipt of such requests; or
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(8) fails to perform any act or procedure described
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in subsection (c) of this Section.
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(e) Registrations issued pursuant to this Section shall expire on
September 30 of odd‑numbered years. A registrant shall submit a renewal
application to OBRE on forms provided by OBRE along with the required fee as
established by rule.
(f) Operating an Internet auction listing service under any of the
circumstances listed in subsection (b) without being currently registered under
this Section is declared to be adverse to the public welfare, to constitute a
public nuisance, and to cause irreparable harm to the public welfare. The
Commissioner of OBRE, the Attorney General of the State of Illinois, the
State's Attorney of any county in the State, or any other person may maintain
an action and apply for injunctive relief in any circuit court to enjoin the
person or entity from engaging in such practice.
(g) The provisions of Sections 20‑25, 20‑30, 20‑35, 20‑40, 20‑45, 20‑50,
20‑55, 20‑60 and 20‑75 of this Act shall apply to any actions of OBRE
exercising its
authority under subsection (d) as if a person required to register under this
Section were a person holding or claiming to hold a license under this Act.
(h) OBRE shall have the authority to adopt such rules as may be necessary to
implement or interpret the provisions of this Section.
(Source: P.A. 92‑798, eff. 8‑15‑02.)
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(225 ILCS 407/10‑40)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10‑40.
Restoration.
(a) A licensee whose license has lapsed or expired shall have 2 years from
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expiration date
to restore his or her license without examination. The expired licensee shall
make application to the
OBRE on forms provided by the OBRE, including a properly completed 45‑day
permit sponsor card,
provide evidence of successful completion of 12 hours of approved continuing
education during the
period of time the license had lapsed, and pay all lapsed fees and penalties as
established by
administrative rule.
(b) Notwithstanding any other provisions of this Act to the contrary, any
licensee whose
license under this Act has expired is eligible to restore such license without
paying any lapsed fees
and penalties provided that the license expired while the licensee was:
(1) on active duty with the United States Army, |
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United State Marine Corps, United States Navy, United States Air Force, United States Coast Guard, the State Militia called into service or training;
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(2) engaged in training or education under the
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supervision of the United States prior to induction into military service; or
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(3) serving as an employee of the OBRE, while the
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employee was required to surrender his or her license due to a possible conflict of interest.
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A licensee shall be eligible to restore a license under the provisions of
this subsection for a
period of 2 years following the termination of the service, education, or
training by providing a
properly completed application and 45‑day permit sponsor card, provided that
the termination was
by other than dishonorable discharge and provided that the licensee furnishes
the OBRE with an
affidavit specifying that the licensee has been so engaged.
(c) At any time after the suspension, revocation, placement on probationary
status, or other
disciplinary action taken under this Act with reference to any license, the
OBRE may restore the
license to the licensee without examination upon the order of the Commissioner,
if the licensee
submits a properly completed application and 45‑day permit sponsor card, pays
appropriate fees, and
otherwise complies with the conditions of the order.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/10‑45)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10‑45.
Nonresident auctioneer reciprocity.
(a) A person holding a license to engage in auctions issued to him or her by
the proper
authority of a state, territory, or possession of the United States of America
or the District of
Columbia that has licensing requirements equal to or substantially equivalent
to the requirements
of this State and that otherwise meets the requirements of this Act may obtain
a license under this
Act without examination, provided:
(1) that the OBRE has entered into a valid |
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reciprocal agreement with the proper authority of the state, territory, or possession of the United States of America or the District of Columbia from which the nonresident applicant has a valid license;
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(2) that the applicant provides the OBRE with a
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certificate of good standing from the applicant's resident state;
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(3) that the applicant completes and submits an
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application as provided by the OBRE; and
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(4) that the applicant pays all applicable fees
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(b) A nonresident applicant shall file an irrevocable consent with the OBRE
that actions may
be commenced against the applicant or nonresident licensee in a court of
competent jurisdiction in
this State by the service of summons, process, or other pleading authorized by
the law upon the
Commissioner. The consent shall stipulate and agree that service of the
process, summons, or
pleading upon the Commissioner shall be taken and held in all courts to be
valid and binding as if
actual service had been made upon the applicant in Illinois. If a summons,
process, or other pleading
is served upon the Commissioner, it shall be by duplicate copies, one of which
shall be retained by
the OBRE and the other immediately forwarded by certified or registered mail to
the last known
business address of the applicant or nonresident licensee against whom the
summons, process, or other
pleading may be directed.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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