2005 Illinois Code - 225 ILCS 458/ Real Estate Appraiser Licensing Act of 2002. Article 5 - Licensing Provisions (Scheduled To Be Repealed On January 1, 2012)
(225 ILCS 458/Art. 5 heading)
ARTICLE 5.
LICENSING PROVISIONS
(Scheduled to be repealed on January 1, 2012)
(225 ILCS 458/5‑5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑5.
Necessity of license; use of title; exemptions.
(a) Beginning July 1, 2002, it is unlawful for a person to act or assume
to
act as a real estate
appraiser, to engage in the
business of real estate appraisal, to develop a real estate appraisal,
to practice as a real estate
appraiser, or to advertise or hold himself or herself out to be a real estate
appraiser in connection with a
federally related transaction
without a real estate appraiser license issued under this Act. A person who
violates this subsection is
guilty of a Class A misdemeanor.
(b) Beginning July 1, 2002, it is unlawful for a person, other than a
person who holds a valid license issued pursuant to this
Act as a State certified general real estate appraiser, a
State
certified
residential real estate appraiser,
an associate real estate appraiser, or as a State licensed real estate
appraiser issued pursuant to
a predecessor Act to use these titles or any other title, designation, or
abbreviation likely to create the
impression that the person is licensed as a real estate appraiser pursuant to
this Act. A person who
violates this subsection is guilty of a Class A misdemeanor.
(c) The licensing requirements of this Act do not require a real estate
broker
or salesperson who holds a
valid license pursuant to the Real Estate License Act of 2000, to be licensed
as a real estate appraiser
under this Act, unless the broker or salesperson is
providing or attempting to provide an appraisal report, as defined in Section
1‑10 of this Act, in connection with a federally‑related transaction.
For the purposes of this subsection, "brokerage service" means the
activity of offering, negotiating,
buying, listing, selling, or leasing real estate or procuring or referring
prospects intended to result in the
listing, sale, purchase, lease, or exchange of real estate for another and for
compensation.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑10.
Application for State
certified general real estate appraiser.
Every person who
desires to obtain a State certified general real estate appraiser license
shall:
(1) apply to OBRE on forms provided by OBRE accompanied by the required fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school diploma or completed
an
equivalent
course of
study as determined by an examination conducted
or accepted
by the Illinois State Board of
Education;
(4) personally take and pass an examination authorized by OBRE and endorsed
by the AQB;
(5) prior to taking the examination, provide evidence to OBRE that he or she
has successfully completed the prerequisite
classroom hours of instruction in appraising as established by the AQB and by
rule; and
(6) prior to taking the examination, provide evidence
to OBRE that he or she has successfully completed the prerequisite
experience requirements in appraising as established by AQB and by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑15.
Application for State certified residential real estate
appraiser. Every person who
desires to obtain a State certified residential real estate appraiser license
shall:
(1) apply to OBRE on forms provided by OBRE accompanied by the required fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school diploma or completed
an equivalent
course of
study as determined by an examination conducted
or accepted
by the Illinois State Board of
Education;
(4) personally take and pass an examination authorized by OBRE and endorsed
by
the AQB;
(5) prior to taking the examination, provide evidence
to OBRE that he or she has successfully completed the prerequisite
classroom hours of instruction in appraising as established by the AQB and by
rule; and
(6) prior to taking the examination, provide evidence
to OBRE that he or she has successfully completed the prerequisite
experience requirements as established by AQB and by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑20.
Application for associate real estate appraiser.
(a) Every person who desires to obtain an associate real estate appraiser
license shall:
(1) apply to OBRE on forms provided by OBRE |
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accompanied by the required fee;
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(2) be at least 18 years of age;
(3) provide evidence of having attained a high
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school diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education;
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(4) personally take and pass an examination
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authorized by OBRE and endorsed by the AQB; and
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(5) prior to taking the examination, provide
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evidence to OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by rule.
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(b) A person who holds a valid license as a licensed real estate
appraiser, issued pursuant to
a predecessor Act, may convert that license to an associate real estate
appraiser license by making application
to OBRE on forms provided by OBRE accompanied by the required fee.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑25.
Renewal of license.
(a) The expiration date and renewal period
for a State certified general
real estate appraiser license
or a State certified residential
real estate appraiser license issued under
this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (f) of this Section, the
holder of a license may renew
the license within 90 days preceding the expiration date by:
(1) completing and submitting to OBRE a renewal |
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application form as provided by OBRE;
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(2) paying the required fees; and
(3) providing evidence of successful completion of
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the continuing education requirements through courses approved by OBRE from education providers licensed by OBRE, as established by the AQB and by rule.
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(b) A State certified general real estate appraiser
or State certified
residential real estate
appraiser whose license under this Act has expired may renew
the license for a period of
2 years following the expiration date by complying with the requirements of
paragraphs (1), (2),
and (3) of subsection (a)
of this Section and paying any late penalties established by rule.
(c) A State licensed real estate appraiser's license
issued pursuant to a
predecessor Act shall continue in effect until the earlier of its expiration
date or September 30, 2003. The holder of such a license may not
renew the license for any period after
September 30, 2003, but may convert the license to an associate real estate
appraiser license under this Act until
September 30, 2003 pursuant to subsection (b) of Section 5‑20 of this Act.
(d) The expiration date and renewal period for an associate real estate
appraiser license issued under this
Act shall be set by rule. Except as otherwise provided in subsections (e) and
(f) of this Section, the holder
of an associate real estate appraiser license may renew the license within 90
days preceding the expiration date by:
(1) completing and submitting to OBRE a renewal
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application form as provided by OBRE;
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(2) paying the required fees; and
(3) providing evidence of successful completion of
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the continuing education requirements through courses approved by OBRE from education providers approved by OBRE, as established by rule.
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(e) Any associate real estate appraiser whose license under this Act has
expired may
renew the license for a period of 2 years following the expiration date
by complying with the requirements of paragraphs
(1), (2), and (3) of subsection (d) of this Section and paying any late
penalties
as established by rule.
(f) Notwithstanding subsections (c) and (e), an
appraiser whose license
under this Act has expired may renew or convert the license without
paying any lapsed renewal
fees or late penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
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(2) serving as the Director of Real Estate Appraisal
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or an employee of OBRE who was required to surrender his or her license during the term of employment.
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Application for renewal must be made within 2 years following
the termination of the military service or related education, training, or
employment. The
licensee shall furnish OBRE with an affidavit that he or she was so engaged.
(g) OBRE shall provide reasonable care and due diligence to ensure that each
licensee under this Act
is provided with a renewal application at least 90 days prior to the expiration
date, but
each licensee is responsible to
timely renew or convert his or her license prior to its expiration date.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑30.
Reciprocity; consent to jurisdiction.
(a) A nonresident who holds a valid appraiser license issued to him or her
by the
proper licensing authority
of a state, territory, possession of the United States, or the District of
Columbia that has licensing
requirements equal to or substantially equivalent to the requirements of the
State of Illinois and otherwise
meets the requirements for licensure may obtain a license without examination,
provided that:
(1) OBRE has entered into a valid reciprocal |
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agreement with the proper licensing authority of the state, territory, or possession of the United States, or the District of Columbia;
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(2) the applicant provides OBRE with a certificate
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of good standing from the licensing authority of the applicant's place of residence or by an Appraisal Subcommittee registry history report;
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(3) the applicant completes and submits an
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application as provided by OBRE and the applicant pays all applicable fees required under this Act.
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(b) A nonresident applicant shall file an irrevocable consent with OBRE
authorizing that actions may be
commenced against the applicant or nonresident licensee in a court of
competent jurisdiction in the State
of Illinois by the service of summons, process, or other pleading authorized by
law upon the
Commissioner. The consent shall stipulate and agree that service of the
summons, process, 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 nonresident licensee 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 OBRE
and the other of which shall be immediately forwarded by certified or
registered mail to the last
known address of the nonresident licensee against whom the summons, process, or
other pleading may be directed.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑35.
Pre‑license education requirements.
(a) The prerequisite
classroom hours necessary for a person to be
approved to sit for the examination for licensure as a
State
certified general real
estate
appraiser
or
a State certified residential
real estate appraiser
shall be in accordance with AQB criteria and established
by rule.
(b) The prerequisite classroom hours necessary for a person
to sit for the examination for licensure as an associate real
estate appraiser shall be established by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑40.
Pre‑license experience requirements.
The
prerequisite experience necessary for a person to be approved to sit for the
examination
for licensure as a State certified general real estate
appraiser or a State certified
residential real
estate appraiser shall be in accordance with AQB criteria and established by
rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑45.
Continuing education renewal requirements.
(a) The continuing education requirements for a person to renew a license as
a State certified general
real estate appraiser
or
a State certified residential real estate appraiser
shall be in accordance with AQB criteria and established by rule.
(b) The continuing education requirements for a person to
renew a license as an associate real estate appraiser shall be
established by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑50)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑50.
Temporary practice permits.
A nonresident appraiser who holds
a valid appraiser
license in another state, territory, possession of the United States, or the
District of Columbia may be
granted a temporary practice permit to practice as an appraiser in the State of
Illinois upon making
an application and paying the applicable fees pursuant to Appraisal
Subcommittee
policy statements and as
established by rule.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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(225 ILCS 458/5‑55)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑55.
Fees.
OBRE shall establish rules for fees to be paid by applicants and licensees to
cover the reasonable costs
of OBRE in administering and enforcing the provisions of this Act. OBRE may
also establish rules for
general fees to cover the reasonable expenses of carrying out other functions
and responsibilities under
this Act.
(Source: P.A. 92‑180, eff. 7‑1‑02.)
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