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2005 Illinois Code - 225 ILCS 407/ Auction License Act. Article 20 - Disciplinary Provisions

(225 ILCS 407/Art. 20 heading)
ARTICLE 20.

DISCIPLINARY PROVISIONS

(225 ILCS 407/20‑5)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑5.

Unlicensed practice; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to
practice as an auctioneer, an associate auctioneer, an auction firm, or any
other licensee under this
Act without being licensed under this Act shall, in addition to any other
penalty provided by law,
pay a civil fine to OBRE in an amount not to exceed $10,000 for each offense as
determined by the
OBRE.  The civil fine shall be assessed by the OBRE after a hearing is held in
accordance with the
provisions set forth in this Act regarding a hearing for the discipline of a
license.

(b) The OBRE has the authority and power to investigate any and all
unlicensed
activity
pursuant to this Act.

(c) The civil fine shall be paid within 60 days after the effective date of
the
order imposing
the civil fine.  The order shall constitute a judgement and may be filed and
execution had thereon
in the same manner from any court of record.

(d) Conducting an auction or providing an auction service in Illinois
without
holding a valid
and current license under this Act 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, the
Attorney General, the State's Attorney of any county in the State, or any other
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 the person or entity from engaging in such practice.

Upon the filing of a verified petition in a circuit court, the court, if
satisfied by affidavit or
otherwise that the person or entity has been engaged in the practice of
auctioning without a valid and
current license, may enter a temporary restraining order without notice or bond
enjoining the
defendant from further practice.  Only the showing of non‑licensure, by
affidavit or otherwise, is
necessary in order for a temporary injunction to be issued.  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
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 case of 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.  These injunction proceedings shall
be in addition to, and
not in lieu of, all penalties and other remedies provided in this Act.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑10)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑10.

Violations.

The commission of a single act prohibited by
this Act or
prohibited by the rules promulgated under this Act or a violation of a
disciplinary order issued under
this Act constitutes a violation of this Act.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑15)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑15.

Disciplinary actions; grounds.

The OBRE may refuse to issue
or renew a
license, may place on probation or administrative supervision, suspend, or
revoke any license or may
reprimand or otherwise discipline or impose a civil fine not to exceed $10,000
upon any licensee
hereunder for any one or any combination of the following causes:

(1) False or fraudulent representation or material

misstatement in furnishing information to the OBRE in obtaining or seeking to obtain a license.

(2) Violation of any provision of this Act or the

rules promulgated pursuant to this Act.

(3) Conviction of any crime, an essential element of

which is dishonesty or fraud, or larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game, conviction in this or another state of a crime that is a felony under the laws of this State, or conviction of a felony in a federal court.

(4) Being adjudged to be a person under legal

disability or subject to involuntary admission or to meet the standard for judicial admission as provided in the Mental Health and Developmental Disabilities Code.

(5) Discipline of a licensee by another state, 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 the equivalent to one of the grounds for discipline set forth in this Act or for failing to report to the OBRE, within 30 days, any adverse final action taken against the licensee by any other licensing jurisdiction, government agency, law enforcement agency, or court, or liability for conduct that would constitute grounds for action as set forth in this Act.

(6) Engaging in the practice of auctioneering,

conducting an auction, or providing an auction service without a license or after the license was expired, revoked, suspended, or terminated or while the license was inoperative.

(7) Attempting to subvert or cheat on the auctioneer

exam or any continuing education exam, or aiding or abetting another to do the same.

(8) Directly or indirectly giving to or receiving

from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional service not actually or personally rendered.

(9) Making any substantial misrepresentation or

untruthful advertising.

(10) Making any false promises of a character likely

to influence, persuade, or induce.

(11) Pursuing a continued and flagrant course of

misrepresentation or the making of false promises through a licensee, agent, employee, advertising, or otherwise.

(12) Any misleading or untruthful advertising, or

using any trade name or insignia of membership in any auctioneer association or organization of which the licensee is not a member.

(13) Commingling funds of others with his or her own

funds or failing to keep the funds of others in an escrow or trustee account.

(14) Failure to account for, remit, or return any

moneys, property, or documents coming into his or her possession that belong to others, acquired through the practice of auctioneering, conducting an auction, or providing an auction service within 30 days of the written request from the owner of said moneys, property, or documents.

(15) Failure to maintain and deposit into a special

account, separate and apart from any personal or other business accounts, all moneys belonging to others entrusted to a licensee while acting as an auctioneer, associate auctioneer, auction firm, or as a temporary custodian of the funds of others.

(16) Failure to make available to OBRE personnel

during normal business hours all escrow and trustee records and related documents maintained in connection with the practice of auctioneering, conducting an auction, or providing an auction service within 24 hours after a request from OBRE personnel.

(17) Making or filing false records or reports in

his or her practice, including but not limited to false records or reports filed with State agencies.

(18) Failing to voluntarily furnish copies of all

written instruments prepared by the auctioneer and signed by all parties to all parties at the time of execution.

(19) Failing to provide information within 30 days

in response to a written request made by the OBRE.

(20) Engaging in any act that constitutes a

violation of Section 2‑102, 3‑103, or 3‑105 of the Illinois Human Rights Act.

(21) Causing a payment from the Auction Recovery

Fund.

(22) Engaging in dishonorable, unethical, or

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

(23) Offering or advertising real estate for sale or

lease at auction without a valid broker or salesperson's license under the Real Estate License Act of 1983, or any successor Act, unless exempt from licensure under the terms of the Real Estate License Act of 1983, or any successor Act.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑20)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑20.

Termination without hearing for failure to pay taxes, child
support, or a
student loan.  OBRE may terminate or otherwise discipline any license issued
under this Act without
hearing if the appropriate administering agency provides adequate information
and proof that the
licensee has:

(1) failed to file a return, 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 the tax act are satisfied;

(2) failed to pay any court ordered child support as

determined by a court order or by referral from the Illinois Department of Public Aid; or

(3) failed to repay any student loan or assistance

as determined by the Illinois Student Assistance Commission.

If a license is terminated or otherwise disciplined pursuant to this Section,
the licensee may
request a hearing as provided by this Act within 30 days of notice of
termination or discipline.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑25)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑25.

Investigation.

OBRE may investigate the actions or
qualifications of any
person or persons holding or claiming to hold a license under this Act, who
shall hereinafter be
called the respondent.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑30)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑30.

Consent orders.

Notwithstanding any provisions concerning
the
conduct of
hearings and recommendations for disciplinary actions, OBRE has the authority
to negotiate
agreements with licensees and applicants resulting in disciplinary consent
orders.  The consent
orders may provide for any form of discipline provided for in this Act.  The
consent orders shall
provide that they were not entered into as a result of any coercion by OBRE.
Any consent order
shall be accepted by or rejected by the Commissioner in a timely manner.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑35)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑35.

Subpoenas; attendance of witnesses; oaths.

(a) OBRE shall have the power to issue subpoenas ad testificandum (subpoena
for
documents) 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.  OBRE shall have 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) Any circuit court may, upon application of OBRE or its designee or of
the
applicant,
licensee, or person holding a certificate of licensure against whom proceedings
under this Act are
pending, enter an order compelling the enforcement of any OBRE subpoena issued
in connection
with any hearing or investigation.

(c) The Commissioner or his or her designee or the Board shall have power to
administer
oaths to witnesses at any hearing that OBRE is authorized to conduct and any
other oaths authorized
in any Act administered by OBRE.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑40)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑40.

Hearings; record of hearings.

(a) OBRE shall have the authority to conduct hearings before the Advisory
Board
on
proceedings to revoke, suspend, place on probation or administrative review,
reprimand, or refuse
to issue or renew any license under this Act or to impose a civil penalty not
to exceed $10,000 upon
any licensee under this Act.

(b) OBRE, at its expense, shall preserve a record of all proceedings at the
formal hearing of
any case involving the discipline of any license under this Act.  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 order of OBRE shall
be the record of
proceeding.  At all hearings or prehearing conference, OBRE and the respondent
shall be entitled
to have a court reporter in attendance for purposes of transcribing the
proceeding or prehearing
conference.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑45)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑45.

Notice.

OBRE shall (i) notify the respondent in writing at
least 30 days prior
to the date set for the hearing of any charges made and the time and place for
the hearing of the
charges to be heard under oath and (ii) inform the respondent that, upon
failure to file an answer
before the date originally set for the hearing, default will be taken against
the
respondent and the
respondent's license may be suspended, revoked, or otherwise disciplined as
OBRE may deem
proper before taking any disciplinary action with regard to any license under
this Act.

If the respondent fails to file an answer after receiving notice, the
respondent's license may,
in the discretion of OBRE, be revoked, suspended, or otherwise disciplined as
deemed proper,
without a hearing, if the act or acts charged constitute sufficient grounds for
such action under this
Act.

At the time and place fixed in the notice, OBRE shall proceed to hearing of
the charges and
both the respondent and the complainant shall be accorded ample opportunity to
present in person
or by counsel such statements, testimony, evidence, and argument as may be
pertinent to the charges
or any defense thereto.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑50)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑50.

Board's findings of fact, conclusions of law, and
recommendation to the
Commissioner.   At the conclusion of the hearing, the Advisory Board shall
present to the
Commissioner a written report of its findings of facts, conclusions of law, and
recommendations
regarding discipline or a fine.  The report shall contain a finding whether or
not the accused person
violated this Act or failed to comply with the conditions required in this Act.
 The Advisory Board
shall specify the nature of the violation or failure to comply and shall make
its recommendations to
the Commissioner.

If the Commissioner disagrees in any regard with the report of the Advisory
Board, the
Commissioner may issue an order in contravention of the report.  The
Commissioner shall provide
a written report to the Advisory Board on any deviation and shall specify with
particularity the
reasons for that action in the final order.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑55)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑55.

Motion for rehearing; rehearing.

In any hearing involving
the
discipline of
a license, a copy of the Advisory Board's report shall be served upon the
respondent by OBRE, 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 OBRE a motion in writing
for a rehearing,
which shall specify the particular grounds for rehearing.

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
Commissioner may enter an
order in accordance with the recommendations of the Advisory Board, except as
provided for in this
Act.  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.

Whenever the Commissioner is not satisfied that substantial justice has been
done in the hearing or
in the Advisory Board's report, the Commissioner may order a rehearing by the
same.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑60)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑60.

Order; certified copy.

An order or a certified copy of an
order, over the seal
of OBRE and purporting to be signed by the Commissioner or his or her designee,
shall be prima
facie proof  that:

(1) the signature is the genuine signature of the

Commissioner or his or her designee;

(2) the Commissioner is duly appointed and

qualified; and

(3) the Advisory Board is duly appointed and

qualified.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑65)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑65.

Restoration of license.

At any time after the suspension or
revocation of any
license, OBRE may restore the license to the accused person upon the written
recommendation of
the Advisory Board, unless after an investigation and a hearing the Advisory
Board determines that
restoration is not in the public interest.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑70)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑70.

Surrender of license.

Upon the revocation or suspension of
any license the
licensee shall immediately surrender the license to OBRE.  If the licensee
fails to do so, OBRE shall
have the right to seize the license.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑75)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑75.

Administrative Review Law.

All final administrative
decisions
of OBRE are
subject to judicial review under the Administrative Review Law and its rules.
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 final decision on the review, the acts, orders, sanctions, and
rulings
of OBRE
regarding any license shall remain in full force and effect, unless modified or
suspended by a court
order pending final judicial decision.  OBRE shall not be required to certify
any record to the court,
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 OBRE
acknowledging payment of the
costs of furnishing and certifying the record.  Failure on the part of the
plaintiff to file a receipt in
court shall be grounds for dismissal of the action.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑80)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑80.

Summary suspension.

The Commissioner may temporarily suspend
any
license pursuant to this Act, without hearing, simultaneously with the
institution of proceedings for
a hearing provided for in this Act, if the Commissioner finds that the evidence
indicates that the
public interest, safety, or welfare requires emergency action.  In the event
that the Commissioner
temporarily suspends any license without a hearing, a hearing shall be held
within 30 calendar days
after the suspension has begun.  The suspended licensee 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. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑85)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑85.

Action for compensation; allegation and proof of license.


No action or
counterclaim shall be maintained by any person in any court in this State with
respect to any
agreement, contract, or services for which a license is required by this Act or
to recover the agreed
price or any compensation under any such agreement or for such services for
which a license is
required by this Act without alleging and proving that the person had a valid
license at the time of
making such agreement or doing such work.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑90)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑90.

Cease and desist orders.

OBRE may issue cease and desist
orders to persons
who engage in activities prohibited by this Act.  Any person in violation of a
cease and desist order
obtained by OBRE is subject to all of the remedies provided by law.

(Source: P.A. 91‑603, eff. 1‑1‑00.)

(225 ILCS 407/20‑95)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20‑95.

Returned checks; fine.

A person who delivers a check or
other
payment to
OBRE that is returned to OBRE unpaid by the financial institution upon which it
is drawn shall pay
to OBRE, in addition to the amount already owed to OBRE, a fee of $50.   OBRE shall
notify the person that his or her check has been returned and that the person
shall pay to OBRE by
certified check or money order the amount of the returned check plus the $50
fee within 30 calendar
days after the date of the notification.  If, after the expiration of 30
calendar days of the notification,
the person has failed to submit the necessary remittance, OBRE shall
automatically terminate the
license or deny the application without a hearing.  If, after termination or
denial, the person seeks
a license, he or she shall petition OBRE for restoration and he or she may be
subject to additional
discipline or fines.  The Commissioner may waive the fines due under this
Section in individual
cases where the Commissioner finds that the fines would be unreasonable or
unnecessarily
burdensome.

(Source: P.A. 91‑603, eff. 1‑1‑00; 92‑146, eff. 1‑1‑02.)

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