(225 ILCS 427/40)
(Section scheduled to be repealed on January 1, 2020)
Sec. 40.
Qualifications for licensure as a community association manager.
(a) No person shall be qualified for licensure under this Act, unless he or she has applied in writing on the prescribed forms and has paid the required, nonrefundable fees and meets all of the following qualifications:
(1) He or she is at least 21 years of age.
(2) He or she provides satisfactory evidence of
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| having completed at least 20 classroom hours in community association management courses approved by the Board. |
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(3) He or she has passed an examination authorized by |
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(4) He or she has not committed an act or acts, in |
| this or any other jurisdiction, that would be a violation of this Act. |
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(5) He or she is of good moral character. In |
| determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act. Good moral character is a continuing requirement of licensure. Conviction of crimes may be used in determining moral character, but shall not constitute an absolute bar to licensure. |
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(6) He or she has not been declared by any |
| court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent. |
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(7) He or she complies with any additional |
| qualifications for licensure as determined by rule of the Department. |
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(b) The education requirement set forth in item (2) of subsection (a) of this Section shall not apply to persons holding a real estate broker or real estate salesperson license in good standing issued under the Real Estate License Act of 2000.
(c) The examination and initial education requirement of items (2) and (3) of subsection (a) of this Section shall not apply to any person who within 6 months from the effective date of the requirement for licensure, as set forth in Section 170 of this Act, applies for a license by providing satisfactory evidence to the Department of qualifying experience or education, as may be set forth by rule, including without limitation evidence that he or she has (i) practiced community association management for a period of 5 years or (ii) achieved a designation awarded by recognized community association management organizations in the State.
(d) Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of re-application.
(Source: P.A. 96-726, eff. 7-1-10; 96-993, eff. 7-2-10.) |
(225 ILCS 427/55)
(Section scheduled to be repealed on January 1, 2020)
Sec. 55.
Fidelity insurance; segregation of accounts.
(a) A community association manager or the Community Association Management Agency with which he or she is employed shall not have access to and disburse funds of a community association unless each of the following conditions occur:
(1) There is fidelity insurance in place to insure
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| against loss for theft of community association funds. |
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(2) The fidelity insurance is not less than all |
| moneys under the control of the community association manager or the employing Community Association Management Agency for the association. |
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(3) The fidelity insurance covers the community |
| association manager and all partners, officers, and employees of the Community Association Management Agency with whom he or she is employed during the term of the insurance coverage, as well as the association officers, directors, and employees. |
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(4) The insurance company issuing the fidelity |
| insurance may not cancel or refuse to renew the bond without giving at least 10 days' prior written notice. |
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(5) Unless an agreement between the community |
| association and the community association manager or the Community Association Management Agency provides to the contrary, the Association secures and pays for the fidelity insurance. The community association manager and the Community Association Management Agency must be named as additional insured parties on the association policy. |
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(b) A community association manager or Community Association Management Agency that provides community association management services for more than one community association shall maintain separate, segregated accounts for each community association or, with the consent of the association, combine the accounts of one or more associations, but in that event, separately account for the funds of each association. The funds shall not, in any event, be commingled with the community association manager's or Community Association Management Agency's funds. The maintenance of such accounts shall be custodial, and such accounts shall be in the name of the respective community association or community association manager or Community Association Management Agency as the agent for the association.
(c) The community association manager or Community Association Management Agency shall obtain the appropriate general liability and errors and omissions insurance, as determined by the Department, to cover any losses or claims against community association clients.
(d) The Department shall have authority to promulgate additional rules regarding insurance, fidelity insurance and all accounts maintained and to be maintained by a community association manager or Community Association Management Agency.
(Source: P.A. 96-726, eff. 7-1-10 .) |
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85.
Grounds for discipline; refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may revoke a license, or may suspend, place on probation, fine, or take any disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any licensee for any one or combination of the following causes:
(1) Material misstatement in furnishing information
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(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or |
| nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor of which an essential element is dishonesty or that is directly related to the practice of the profession. |
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(4) Making any misrepresentation for the purpose of |
| obtaining a license or violating any provision of this Act or its rules. |
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(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating |
| any provision of this Act or its rules. |
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(8) Failing, within 30 days, to provide information |
| in response to a request made by the Department. |
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(9) Engaging in dishonorable, unethical, or |
| unprofessional conduct of a character likely to deceive, defraud or harm the public as defined by the rules of the Department, or violating the rules of professional conduct adopted by the Department. |
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(10) Habitual or excessive use or addiction to |
| alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety. |
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(11) Discipline by another state, territory, or |
| country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act. |
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(12) Directly or indirectly giving to or receiving |
| from any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered. |
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(13) A finding by the Department that the licensee, |
| after having his or her license placed on probationary status, has violated the terms of probation. |
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(14) Willfully making or filing false records or |
| reports relating to a licensee's practice, including but not limited to false records filed with any State or federal agencies or departments. |
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(15) Being named as a perpetrator in an indicated |
| report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act. |
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(16) Physical illness or mental illness or |
| impairment, including, but not limited to, deterioration through the aging process or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill, or safety. |
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(17) Solicitation of professional services by using |
| false or misleading advertising. |
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(18) A finding that licensure has been applied for or |
| obtained by fraudulent means. |
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(19) Practicing or attempting to practice under a |
| name other than the full name as shown on the license or any other legally authorized name. |
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(20) Gross overcharging for professional services |
| including, but not limited to, (i) collection of fees or moneys for services that are not rendered; and (ii) charging for services that are not in accordance with the contract between the licensee and the community association. |
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(21) Improper commingling of personal and client |
| funds in violation of this Act or any rules promulgated thereto. |
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(22) Failing to account for or remit any moneys or |
| documents coming into the licensee's possession that belong to another person or entity. |
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(23) Giving differential treatment to a person that |
| is to that person's detriment because of race, color, creed, sex, religion, or national origin. |
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(24) Performing and charging for services without |
| reasonable authorization to do so from the person or entity for whom service is being provided. |
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(25) Failing to make available to the Department, |
| upon request, any books, records, or forms required by this Act. |
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(26) Purporting to be a licensee-in-charge of an |
| agency without active participation in the agency. |
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(27) Failing to make available to the Department at |
| the time of the request any indicia of licensure or registration issued under this Act. |
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(b) In accordance with subdivision (a)(5) of Section 15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), the Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State.
(c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will terminate only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient, and upon the recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice as a licensed community association manager.
(d) In accordance with subsection (g) of Section 15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), the Department may refuse to issue or renew or may suspend the license of any person who fails 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 Department of Revenue, until such time as the requirements of that tax Act are satisfied.
(e) In accordance with subdivision (a)(5) of Section 15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) and in cases where the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services.
(f) In enforcing this Section, the Department or Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license or denial of his or her application or renewal until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, deny, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 30 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.) |