2005 Illinois Code - 225 ILCS 407/ Auction License Act. Article 30 - Administrative Provisions
(225 ILCS 407/Art. 30 heading)
ARTICLE 30.
ADMINISTRATIVE PROVISIONS
(225 ILCS 407/30‑5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑5.
OBRE; powers and duties.
The OBRE shall exercise the powers
and
duties
prescribed by the Civil Administrative Code of Illinois for the administration
of licensing acts and
shall exercise such other powers and duties as prescribed by this Act. The
OBRE may contract with
third parties for services necessary for the proper administration of this Act.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑10.
Rules.
OBRE, after notifying and considering the
recommendations of the
Advisory Board, if any, shall adopt any rules that may be necessary for the
administration,
implementation and enforcement of this Act.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑15. Auction Regulation Administration Fund. A special fund to be
known as the
Auction Regulation Administration Fund is created in the State Treasury. All
fees received by the
OBRE under this Act shall be deposited into the Auction Regulation
Administration Fund. Subject
to appropriation, the moneys deposited into the Auction Regulation
Administration Fund shall be
used by the OBRE for the administration of this Act. Moneys in the Auction
Regulation
Administration Fund may be invested and reinvested in the same manner as
authorized for pension
funds in Article 14 of the Illinois Pension Code. All earnings, interest, and
dividends received from
investment of funds in the Auction Regulation Administration Fund shall be
deposited into the
Auction Regulation Administration Fund and shall be used for the same purposes
as other moneys
deposited in the Auction Regulation Administration Fund.
This fund shall be created on July 1, 1999. The State Treasurer shall cause
a transfer of
$300,000 to the Auction Regulation Administration Fund from the Real Estate
License
Administration Fund on August 1, 1999. The State Treasurer shall cause a
transfer of $200,000 on
August 1, 2000 and a transfer of $100,000 on January 1, 2002 from the Auction
Regulation
Administration Fund to the Real Estate License Administration Fund, or if there
is a sufficient fund
balance in the Auction Regulation Administration Fund to properly administer
this Act, the OBRE
may recommend to the State Treasurer to cause a transfer from the Auction
Regulation
Administration Fund to the Real Estate License Administration Fund on a date
and in an amount
which is accelerated, but not less than set forth in this Section. In
addition
to the license fees
required under this Act, each initial applicant for licensure under this Act
shall pay to the OBRE an
additional $100 for deposit into the Auction Regulation Administration Fund for
a period of 2 years
or until such time the original transfer amount to the Auction Regulation
Administration Fund from
the Real Estate License Administration Fund is repaid.
Moneys in the Auction Regulation Administration Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105‑300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
Upon completion of any audit of the OBRE as prescribed by the Illinois State
Auditing Act,
which includes an audit of the Auction Regulation Administration Fund, the OBRE
shall make the
audit open to inspection by any interested party.
(Source: P.A. 94‑91, eff. 7‑1‑05.)
(225 ILCS 407/30‑20)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑20.
Auction Recovery Fund.
A special fund to be known as the
Auction
Recovery Fund is created in the State Treasury. The moneys in the Auction
Recovery Fund shall
be used by the OBRE exclusively for carrying out the purposes established
pursuant to the
provisions of Section 30‑35 of this Act.
The sums received by the OBRE pursuant to the provisions of Sections 20‑5
through
Sections 20‑20 of this Act shall be deposited into the State Treasury and held
in the Auction
Recovery Fund. In addition to the license fees required under this Act, each
initial and renewal
applicant shall pay to the OBRE an additional $25 for deposit into the Auction
Recovery Fund for
a period of 2 years after the effective date of this Act. After such time the
Auction Regulation
Administration Fund has totally repaid the Real Estate License Administration
Fund, the State
Treasurer shall cause a transfer of $50,000 from the Auction Regulation
Administration Fund to the
Auction Recovery Fund annually on January 1 so as to sustain a minimum balance
of $400,000 in
the Auction Recovery Fund. If the fund balance in the Auction Recovery Fund on
January 1 of any
year after 2002 is less than $100,000, in addition to the renewal license fee
required under this Act,
each renewal applicant shall pay the OBRE an additional $25 fee for deposit
into the Auction
Recovery Fund.
The funds held in the Auction Recovery Fund may be invested and reinvested in
the same
manner as funds in the Auction Regulation Administration Fund. All earnings
received from
investment may be deposited into the Auction Recovery Fund and may be used for
the same
purposes as other moneys deposited into the Auction Recovery Fund or may be
deposited into the
Auction Education Fund as provided in Section 30‑25 of this Act and as
established by rule.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑25)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑25.
Auction Education Fund.
A special fund to be known as the
Auction
Education Fund is created in the State Treasury. The Auction Education Fund
shall be administered
by OBRE. Subject to appropriation, moneys deposited into the Auction Education
Fund may be
used for the advancement of education in the auction industry, as established
by rule. The moneys
deposited in the Auction Education Fund may be invested and reinvested in the
same manner as
funds in the Auction Regulation Administration Fund. All earnings received
from investment shall
be deposited into the Auction Education Fund and may be used for the same
purposes as other
moneys deposited into the Auction Education Fund.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑30)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑30.
Auction Advisory Board.
(a) There is hereby created the Auction Advisory Board. The Advisory Board
shall consist
of 7 members and shall be appointed by the Commissioner. In making the
appointments, the
Commissioner shall give due consideration to the recommendations by members and
organizations
of the industry, including but not limited to the Illinois State Auctioneers
Association. Four
members of the Advisory Board shall be licensed auctioneers, except that for
the initial
appointments, these members may be persons without a license, but who have been
auctioneers for
at least 5 years preceding their appointment to the Advisory Board. One member
shall be a public
member who represents the interests of consumers and who is not licensed under
this Act or the
spouse of a person licensed under this Act or who has any responsibility for
management or
formation of policy of or any financial interest in the auctioneering
profession or any other
connection with the profession. One member shall be actively engaged in the
real estate industry
and licensed as a broker or salesperson. One member shall be the Director of
Auction Regulation,
ex‑officio, and shall serve as the Chairperson of the Advisory Board.
(b) Members shall be appointed for a term of 4 years, except that of the
initial appointments,
3 members shall be appointed to serve a term of 3 years and 4 members shall be
appointed to serve
a term of 4 years, including the Director. The Commissioner shall fill a
vacancy for the remainder
of any unexpired term. Each member shall serve on the Advisory Board until his
or her successor
is appointed and qualified. No person shall be appointed to serve more than
2 terms, including
the unexpired portion of a term due to vacancy. To the extent practicable, the
Commissioner shall
appoint members to insure that the various geographic regions of the State are
properly represented
on the Advisory Board.
(c) A majority of the Advisory Board members currently appointed shall
constitute a
quorum. A vacancy in the membership of the Advisory Board shall not impair the
right of a quorum
to exercise all of the rights and perform all the duties of the Board.
(d) Each member of the Advisory Board shall receive a per diem stipend in an
amount to be
determined by the Commissioner. Each member shall be paid his or her necessary
expenses while
engaged in the performance of his or her duties.
(e) Members of the Advisory Board shall be immune from suit in an action
based
upon any
disciplinary proceedings or other acts performed in good faith as members of
the Advisory Board.
(f) The Advisory Board shall meet monthly or as convened by the Chairperson.
(g) The Advisory Board shall advise the OBRE on matters of licensing and
education and
make recommendations to the OBRE on those matters and shall hear and make
recommendations
to the Commissioner on disciplinary matters that require a formal evidentiary
hearing.
(h) The Commissioner shall give due consideration to all recommendations of
the
Advisory
Board.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑35)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑35.
Director of Auction Regulation.
The Commissioner shall
appoint
a Director
of Auction Regulation in the OBRE for a term of 4 years. The Director shall
hold a valid auctioneer
license under this Act, which shall be surrendered to OBRE during his or her
appointment, except
for the initial appointment. During the initial appointment, the Director may
be a person without a
license who has been an auctioneer for at least 5 years and who has sufficient
experience and
knowledge in public administration. The Director of Auction Regulation shall
report to the
Commissioner and shall do the following:
(1) act as Chairperson of the Advisory Board, |
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(2) be the direct liaison between OBRE, the
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profession; and the auction organizations and associations;
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(3) prepare and circulate to licensees such
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educational and informational material as the OBRE deems necessary for providing guidance or assistance to licensees;
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(4) appoint any necessary committees to assist in
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the performance of the functions and duties of the OBRE under this Act; and
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(5) subject to the administrative approval of the
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Commissioner, supervise the Auction Regulation division of OBRE.
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In appointing the Director of Auction Regulation, the Commissioner shall give
due
consideration to recommendations by members and organizations of the auction
industry.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑40)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑40.
Auction Recovery Fund; recovery; actions; procedures.
The
OBRE
shall
maintain an Auction Recovery Fund from which any person aggrieved by an act,
representation,
transaction, or the conduct of a duly licensed auctioneer, associate auctioneer
or auction firm that
constitutes a violation of this Act or the regulations promulgated pursuant
thereto or that constitutes
embezzlement of money or property or results in money or property being
unlawfully obtained from
any person by false pretenses, artifice, trickery, or forgery or by reason of
any fraud,
misrepresentation, discrimination or deceit by or on the part of any licensee
or the unlicensed
employee of any auctioneer, associate auctioneer, or auction firm and that
results in a loss of actual
cash money as opposed to losses in market value, may recover. The aggrieved
person may recover,
by order of the circuit court of the county where the violation occurred, an
amount of not more than
$10,000 from the fund for damages sustained by the act, representation,
transaction, or conduct,
together with the costs of suit and attorneys' fees incurred in connection
therewith of not to exceed
15% of the amount of the recovery ordered paid from the Fund. However, no
licensed auctioneer,
associate auctioneer, or auction firm may recover from the Fund, unless the
court finds that the
person suffered a loss resulting from intentional misconduct. The court order
shall not include
interest on the judgment.
The maximum liability against the Fund arising out of any one act by any
auctioneer,
associate auctioneer, or auction firm shall be $50,000, and the judgment order
shall spread the award
equitably among all aggrieved persons.
(Source: P.A. 91‑603, eff. 8‑16‑99.)
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(225 ILCS 407/30‑45)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑45.
Auction Recovery Fund; collection.
(a) No action for a judgment that subsequently results in an order for
collection from the
Auction Recovery Fund shall be started later than 2 years after the date on
which the aggrieved
person knew or, through the use of reasonable diligence, should have known of
the acts or omissions
giving rise to a right of recovery from the Auction Recovery Fund.
(b) When any aggrieved person commences action for a judgment that may
result
in
collection from the Auction Recovery Fund, the aggrieved person must name as
parties to that action
any and all individual auctioneers, associate auctioneers, auction firms, or
their employees or agents
who allegedly committed or are responsible for acts or omissions giving rise to
a right of recovery
from the Auction Recovery Fund. Failure to name these individuals as parties
shall preclude
recovery from the Auction Recovery Fund of any portion of the judgment received
in the action.
(c) When any aggrieved person commences action for a judgment that may
result
in
collection from the Auction Recovery Fund, the aggrieved person must notify
OBRE in writing to
this effect at the time of the commencement of the action. Failure to so
notify OBRE shall preclude
recovery from the Auction Recovery Fund of any portion of the judgment received
in the action.
After receiving notice of the commencement of such an action, OBRE, upon
timely application,
shall be permitted to intervene as a party to that action.
(d) When an aggrieved party commences action for a judgment that may result
in
collection
from the Auction Recovery Fund and the court in which the action is commenced
enters judgment
by default against the defendant and in favor of the aggrieved party, the court
shall, upon motion of
OBRE, set aside that judgment by default. After a judgment by default has been
set aside, OBRE
shall appear as a party to that action and thereafter the court shall require
proof of the allegations in
the pleading upon which relief is sought.
(e) The aggrieved person shall give written notice to OBRE within 30 days
after
the entry
of any judgment that may result in collection from the Auction Recovery Fund.
That aggrieved
person shall provide OBRE 20 days written notice of all supplementary
proceeding so as to allow
OBRE to participate in all efforts to collect on the judgment.
(f) When any aggrieved person recovers a valid judgment in any court of
competent
jurisdiction against any licensee or an unlicensed employee or agent of any
licensee on the grounds
of fraud, misrepresentation, discrimination, or deceit, the aggrieved person
may, upon the
termination of all proceedings, including review and appeals in connection with
the judgment, file
a verified claim in the court in which the judgment was entered and, upon 30
days written notice to
OBRE and to the person against whom the judgment was obtained, may apply to the
court for an
order directing payment out of the Auction Recovery Fund of the amount unpaid
upon the judgment,
not including interest on the judgment, and subject to the limitation stated in
Section 30‑40 of this
Act. The aggrieved person must set out in that verified claim and at an
evidentiary hearing to be
held by the court that the aggrieved person:
(1) is not the spouse of the debtor or the personal |
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representative of the spouse;
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(2) has complied with all the requirements of this
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(3) has obtained a judgment stating the amount
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thereof and the amount owing thereon, not including interest thereon, at the date of the application;
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(4) has made all reasonable searches and inquiries
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to ascertain whether the judgment debtor possesses real or personal property or other assets which may be sold or applied in satisfaction of the judgment;
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(5) has discovered no personal or real property or
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other assets liable to be sold or applied, or has discovered certain of them, describing them owned by the judgment debtor and liable to be so applied, and has taken all necessary action and proceeding for the realization thereof, and the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized;
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(6) has diligently pursued all remedies against all
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the judgment debtors and all other persons liable to the aggrieved person in the transaction for which recovery is sought from the Auction Recovery Fund;
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(7) has filed an adversary action to have the debts
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declared non‑dischargeable in any bankruptcy petition matter filed by any judgment debtor or person liable to the aggrieved person. The aggrieved person shall also be required to prove the amount of attorney's fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 30‑40 of this Act.
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(g) The court shall make an order directed to OBRE requiring payment from
the
Auction
Recovery Fund of whatever sum it finds to be payable upon the claim, pursuant
to and in accordance
with the limitations contained in Section 30‑40 of this Act, if the court is
satisfied, upon the hearing,
of the truth of all matters required to be shown by the aggrieved person by
subsection (f) of this
Section and that the aggrieved person has fully pursued and exhausted all
remedies available for
recovering the amount awarded by the judgment of the court.
(h) If the OBRE pays from the Auction Recovery Fund any amount in settlement
of
a claim
or toward satisfaction of a judgment against any licensee, or employee or agent
of any licensee, the
license of said licensee shall be automatically terminated without hearing upon
the issuance of a
court order authorizing payment from the Auction Recovery Fund. No petition
for restoration of the
license shall be heard until repayment of the amount paid from the Auction
Recovery Fund on their
account has been made in full, plus interest at the rate prescribed in Section
12‑109 of the Code of Civil
Procedure. A discharge in bankruptcy shall not
relieve a person from
the penalties and disabilities provided in this subsection.
(i) If, at any time, the money deposited in the Auction Recovery Fund is
insufficient to
satisfy any duly authorized claim or portion thereof, OBRE shall, when
sufficient money has been
deposited in the Auction Recovery Fund, satisfy such unpaid claims or portions
thereof, in the order
that the claims or portions thereof were originally filed, plus accumulated
interest at the rate
prescribed in Section 12‑109 of the Code of Civil Procedure.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑50)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑50.
Contractual agreements.
The OBRE may enter into contractual
agreements
with third parties to carry out the provisions of this Act.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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(225 ILCS 407/30‑55)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30‑55.
Reciprocal agreements.
The OBRE shall have the authority to
enter into
reciprocal licensing agreements with the proper authority of a state,
territory, or possession of the
United States or the District of Columbia having licensing requirements equal
to or substantially
equivalent to the requirements of this State.
(Source: P.A. 91‑603, eff. 1‑1‑00.)
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