Rep. Marcus C. Evans, Jr.
Filed: 3/16/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 562 




2 AMENDMENT NO. ______. Amend House Bill 562 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Regulatory Sunset Act is amended by 
5changing Section 4.32 and by adding Section 4.41 as follows:

6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following 
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act. 
10 The Cemetery Oversight Act. 
11 The Collateral Recovery Act.
12 The Community Association Manager Licensing and 
13Disciplinary Act. 
14 The Crematory Regulation Act. 
15 The Detection of Deception Examiners Act.

16 The Home Inspector License Act.

 
 
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1 The Illinois Health Information Exchange and Technology 
2Act. 
3 The Medical Practice Act of 1987. 
4 The Registered Interior Designers Act.

5 The Massage Licensing Act.

6 The Petroleum Equipment Contractors Licensing Act.

7 The Radiation Protection Act of 1990. 
8 The Real Estate Appraiser Licensing Act of 2002.
9 The Water Well and Pump Installation Contractor's License 
10Act. 
11(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; 
12101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)

13 (5 ILCS 80/4.41 new)
14 Sec. 4.41. Act repealed on January 1, 2032. The following 
15Act is repealed on January 1, 2032:
16 The Home Inspector License Act.

17 Section 10. The Home Inspector License Act is amended by 
18changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20, 
195-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5, 
2025-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1, 
21and 15-36 as follows:




22 (225 ILCS 441/1-10)



23 (Section scheduled to be repealed on January 1, 2022)

 
 
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1 Sec. 1-10. Definitions. As used in this Act, unless the 
2context
otherwise requires:

3 "Address of record" means the designated street address, 
4which may not be a post office box, recorded by the Department 
5in the applicant's or licensee's application file or license 
6file as maintained by the Department's licensure maintenance 
7unit. It is the duty of the applicant or licensee to inform the 
8Department of any change of address and those changes must be 
9made either through the Department's website or by contacting 
10the Department. 
11 "Applicant" means a person who applies to the Department 
12for a license under this
Act.

13 "Client" means a person who engages or seeks to engage the 
14services of a
home inspector for an inspection assignment.

15 "Department" means the Department of Financial and 
16Professional Regulation. 

17 "Email address of record" means the designated email 
18address recorded by the Department in the applicant's 
19application file or the licensee's license file, as maintained 
20by the Department. 
21 "Home inspection" means the examination and evaluation of 
22the exterior and
interior components of residential real 
23property, which includes the inspection
of any 2 or more of the 
24following components of residential real property in

25connection with or to facilitate the sale, lease, or other 
26conveyance of, or
the proposed sale, lease or other conveyance 
 
 
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1of, residential real property:


2  (1) heating, ventilation, and air conditioning system;


3  (2) plumbing system;


4  (3) electrical system;


5  (4) structural composition;


6  (5) foundation;


7  (6) roof;


8  (7) masonry structure; or


9  (8) any other residential real property component as 
10 established by rule.

11 "Home inspector" means a person or entity who, for another 
12and for compensation either
direct or indirect, performs home 
13inspections.

14 "Home inspection report" or "inspection report" means a 
15written evaluation
prepared and issued by a home inspector 
16upon completion of a home inspection,
which meets the 
17standards of practice as established by the Department.

18 "Inspection assignment" means an engagement for which a 
19home inspector is
employed or retained to conduct a home 
20inspection and prepare a home inspection
report.

21 "License" means the privilege conferred by the Department 
22to a person who has fulfilled all requirements prerequisite to 
23any type of licensure under this Act.
24 "Licensee" means a home inspector, home inspector entity, 
25or home inspector education provider. 
26 "Person" means individuals, entities, corporations, 
 
 
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1limited liability
companies, registered limited liability 
2partnerships, and partnerships, foreign
or domestic, except 
3that when the context otherwise requires, the term may
refer 
4to a single individual or other described entity.

5 "Residential real property" means real property that is 
6used or intended to
be used as a residence by one or more 
7individuals.

8 "Secretary" means the Secretary of Financial and 
9Professional Regulation or the Secretary's designee. 
10 "Standards of practice" means recognized standards and 
11codes to be used in a
home
inspection, as determined by the 
12Department and established by rule.

13(Source: P.A. 97-226, eff. 7-28-11.)


14 (225 ILCS 441/1-12 new)
15 Sec. 1-12. Address of record; email address of record. All 
16applicants and licensees shall:
17  (1) provide a valid address and email address to the 
18 Department, which shall serve as the address of record and 
19 email address of record, respectively, at the time of 
20 application for licensure or renewal of a license; and
21  (2) inform the Department of any change of address of 
22 record or email address of record within 14 days after 
23 such change through the Department's website or by 
24 contacting the Department.




 
 
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1 (225 ILCS 441/5-5)



2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 5-5. Necessity of license; use of title; exemptions. 

4 (a) It is unlawful for any person, including any
entity, 
5to act or assume
to act as a home
inspector, to engage in the 
6business of home inspection, to develop a home
inspection 
7report, to practice as a home inspector, or to advertise or 
8hold oneself
himself, herself, or itself
out to be a home 
9inspector without a home inspector license issued under this

10Act. A person who violates this subsection is guilty of a Class 
11A misdemeanor for the first offense and a Class 4 felony for 
12the second and any subsequent offenses.

13 (b) It is unlawful for any person, other than a
person who 
14holds a valid
home inspector license issued pursuant to this 
15Act, to use the title "home
inspector" or
any other title, 
16designation, or abbreviation likely to create the impression

17that the person is licensed as a home inspector pursuant to 
18this Act. A person
who violates this subsection is guilty of a 
19Class A misdemeanor.

20 (c) The licensing requirements of this Article do not 
21apply to:


22  (1) any person who is employed as a code enforcement 
23 official by the State
of Illinois or any unit of local 
24 government, while acting within the scope of
that 
25 government employment;


26  (2) any person licensed in this State by any other law 
 
 
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1 who is engaging in the profession or occupation for which 
2 the person is licensed by the State of Illinois while

3 acting within the scope of his or her license; or


4  (3) any person engaged by the owner or lessor of 
5 residential real
property for the purpose of preparing a 
6 bid or estimate as to the work
necessary or the costs 
7 associated with performing home construction, home

8 remodeling, or home repair work on the residential real 
9 property, provided
such person does not hold himself or 
10 herself out, or advertise or hold oneself out as himself 
11 or
herself, as being engaged in business as a home 
12 inspector.

13 (d) The licensing of home inspector entities required 
14under this Act does not apply to an entity whose ownership 
15structure is one licensed home inspector operating a sole 
16proprietorship, a single member limited liability company, or 
17a single shareholder corporation, and that home inspector is 
18the only licensed home inspector performing inspections on the 
19entity's behalf. The licensed home inspector who is the sole 
20proprietor, sole shareholder, or single member of the company 
21or entity shall comply with all other provisions of this Act.
22(Source: P.A. 97-226, eff. 7-28-11.)





23 (225 ILCS 441/5-10)



24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 5-10. Application for home inspector license. 
 
 
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1 (a) Every natural person
who
desires to obtain a home 
2inspector license shall:

3  (1) apply to the Department in a manner on forms 
4 prescribed by the Department and accompanied by the 
5 required
fee; all applications shall contain the 
6 information that, in the judgment of the Department, 
7 enables the Department to pass on the qualifications of 
8 the applicant for a license to practice as a home 
9 inspector as set by rule;

10  (2) be at least 18 years of age;

11  (3) successfully complete a 4-year course of study in 
12 a high school or secondary school or an equivalent course 
13 of study approved by the state in which the school is 
14 located, or possess a high school equivalency certificate, 
15 which shall be verified under oath by the applicant 
16 provide evidence of having attained a high school diploma 
17 or completed
an
equivalent course of study as determined 
18 by an examination conducted by the
Illinois State Board of 
19 Education;

20  (4) personally take and pass a written examination and 
21 a field an examination authorized by the Department; and

22  (5) prior to taking the examination, provide evidence

23 to the Department that the applicant he or she has

24 successfully completed the prerequisite classroom hours of 
25 instruction in home
inspection, as established by rule.

26 (b) The Department shall not require applicants to report 
 
 
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1the following information and shall not consider the following 
2criminal history records in connection with an application for 
3licensure or registration:
4  (1) juvenile adjudications of delinquent minors as 
5 defined in Section 5-105 of the Juvenile Court Act of 1987 
6 subject to the restrictions set forth in Section 5-130 of 
7 that Act;
8  (2) law enforcement records, court records, and 
9 conviction records of an individual who was 17 years old 
10 at the time of the offense and before January 1, 2014, 
11 unless the nature of the offense required the individual 
12 to be tried as an adult;
13  (3) records of arrest not followed by a charge or 
14 conviction;
15  (4) records of arrest where the charges were dismissed 
16 unless related to the practice of the profession; however, 
17 applicants shall not be asked to report any arrests, and 
18 an arrest not followed by a conviction shall not be the 
19 basis of denial and may be used only to assess an 
20 applicant's rehabilitation;
21  (5) convictions overturned by a higher court; or
22  (6) convictions or arrests that have been sealed or 
23 expunged.
24 (c) An applicant or licensee shall report to the 
25Department, in a manner prescribed by the Department, upon 
26application and within 30 days after the occurrence, if during 
 
 
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1the term of licensure, (i) any conviction of or plea of guilty 
2or nolo contendere to forgery, embezzlement, obtaining money 
3under false pretenses, larceny, extortion, conspiracy to 
4defraud, or any similar offense or offenses or any conviction 
5of a felony involving moral turpitude, (ii) the entry of an 
6administrative sanction by a government agency in this State 
7or any other jurisdiction that has as an essential element 
8dishonesty or fraud or involves larceny, embezzlement, or 
9obtaining money, property, or credit by false pretenses, or 
10(iii) a crime that subjects the licensee to compliance with 
11the requirements of the Sex Offender Registration Act.
12 (d) Applicants have 3 years after the date of the 
13application to complete the application process. If the 
14process has not been completed within 3 years, the application 
15shall be denied, the fee forfeited, and the applicant must 
16reapply and meet the requirements in effect at the time of 
17reapplication. 
18(Source: P.A. 100-892, eff. 8-14-18.)





19 (225 ILCS 441/5-12)



20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 5-12. Application for home inspector license; entity. 
22Every
entity that is not a natural person that desires to 
23obtain a home inspector
license shall apply to the Department 
24in a manner prescribed on forms provided by the Department and

25accompanied by the required fee.

 
 
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1 Applicants have 3 years after the date of the application 
2to complete the application process. If the process has not 
3been completed within 3 years, the application shall be 
4denied, the fee forfeited, and the applicant must reapply and 
5meet the requirements in effect at the time of reapplication. 
6 A corporation, limited liability company, partnership, or 
7entity shall, as a condition of licensure, designate a 
8managing licensed home inspector. The managing home inspector 
9of any home inspector entity shall be responsible for the 
10actions of all licensed and unlicensed employees, agents, and 
11representatives of that home inspector entity while it is 
12providing a home inspection or home inspection service. All 
13other requirements for home inspector entities shall be 
14established by rule.
15(Source: P.A. 97-226, eff. 7-28-11.)





16 (225 ILCS 441/5-16)



17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 5-16. Renewal of license. 

19 (a) The expiration date and renewal period for a home 
20inspector license
issued under this Act shall be set by rule. 
21Except as otherwise provided in
subsections (b) and (c) of 
22this Section, the holder of a license may renew the
license 
23within 90 days preceding the expiration date by:


24  (1) completing and submitting to the Department a 
25 renewal application in a manner prescribed form as

 
 
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1 provided by the Department;


2  (2) paying the required fees; and


3  (3) providing evidence of successful completion of the 
4 continuing
education requirements through courses approved 
5 by the Department given by
education providers licensed by 
6 the Department, as established by rule.

7 (b) A home inspector whose license under this Act has 
8expired may
renew the license for a period of 2 years following 
9the expiration
date by complying with the requirements of 
10subparagraphs (1), (2), and (3) of
subsection (a) of
this

11Section and paying any late penalties established by rule.

12 (c) Notwithstanding subsection (b), a
home inspector whose 
13license under this Act has expired may renew
the license 
14without paying any lapsed
renewal fees or late penalties if 
15(i) the license expired while the home
inspector was on
active 
16duty with the United States Armed Services, (ii) application 
17for renewal
is made within
2 years following the termination 
18of the military service or related education,
training, or

19employment, and (iii) the applicant furnishes to the 
20Department an affidavit that the applicant he or
she was so 
21engaged.

22 (d) The Department shall provide reasonable care and due 
23diligence to ensure that each
licensee under this Act is 
24provided a renewal application at least 90 days
prior to the

25expiration date, but it is the responsibility of each licensee 
26to renew the
his or her license prior to its expiration date.

 
 
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1(Source: P.A. 97-226, eff. 7-28-11.)





2 (225 ILCS 441/5-17)



3 (Section scheduled to be repealed on January 1, 2022)

4 Sec. 5-17. Renewal of home inspector license; entity. 

5 (a) The expiration date and renewal period for a home 
6inspector
license for an entity that is not a natural person 
7shall be set by rule. The
holder of
a license may renew the 
8license within 90 days preceding the
expiration date by 
9completing and submitting to the Department a renewal

10application in a manner prescribed form as provided by the 
11Department and paying the required fees.

12 (b) An entity that is not a natural person whose license 
13under this Act has
expired may renew the license for a period 
14of 2 years following
the expiration date by complying with the 
15requirements of subsection
(a) of this Section and paying any 
16late penalties established
by rule.

17(Source: P.A. 97-226, eff. 7-28-11.)





18 (225 ILCS 441/5-20)



19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 5-20. Endorsement. The Department may, in its 
21discretion, license as a home inspector, by endorsement, on 
22payment of the required fee, an applicant who is a home 
23inspector licensed under the laws of another state or 
24territory, if (i) the requirements for licensure in the state 
 
 
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1or territory in which the applicant was licensed were, at the 
2date of his or her licensure, substantially equivalent to the 
3requirements in force in this State on that date or (ii) there 
4were no requirements in force in this State on the date of his 
5or her licensure and the applicant possessed individual 
6qualifications on that date that are substantially similar to 
7the requirements under this Act. The Department may adopt any 
8rules necessary to implement this Section.
9 Applicants have 3 years after the date of application to 
10complete the application process. If the process has not been 
11completed within 3 years, the application shall be denied, the 
12fee forfeited, and the applicant must reapply and meet the 
13requirements in effect at the time of reapplication. 

14(Source: P.A. 97-226, eff. 7-28-11.)





15 (225 ILCS 441/5-25)



16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 5-25. Pre-license education requirements. The 
18prerequisite curriculum and
classroom hours necessary for a 
19person to be approved to sit for the
examination for a home 
20inspector shall be established by rule. Approved education, as 
21prescribed by this Act and its associated administrative rules 
22for licensure as a home inspector, shall be valid for 2 years 
23after the date of satisfactory completion of the education.

24(Source: P.A. 92-239, eff. 8-3-01.)




 
 
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1 (225 ILCS 441/5-30)



2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 5-30. Continuing education renewal requirements. The 
4continuing
education requirements for a person to renew a 
5license as a home inspector
shall be established by rule. The 
6Department shall establish a continuing education completion 
7deadline for home inspector licensees and require evidence of 
8compliance with continuing education requirements in a manner 
9established by rule before the renewal of a license. 

10(Source: P.A. 100-831, eff. 1-1-19.)


11 (225 ILCS 441/5-50 new)
12 Sec. 5-50. Insurance.
13 (a) All applicants for a home inspector license and all 
14licensees shall maintain general liability insurance in an 
15amount of not less than $100,000.
16 (b) Failure of an applicant or a licensee to carry and 
17maintain the insurance required by this Section, to timely 
18submit proof of coverage upon the Department's request, or to 
19timely report any claims made against such policies of 
20insurance shall be grounds for the denial of an application to 
21renew a license, or the suspension or revocation of the 
22license.
23 (c) The policies of insurance submitted by an applicant 
24for a new license or an applicant for renewal of a license must 
25include the name of the applicant as it appears or will appear 
 
 
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1on the license.
2 (d) A home inspector shall maintain the insurance required 
3by this Section for at least one year after the latest home 
4inspection report the home inspector delivered.
5 (e) The Department may adopt rules to implement this 
6Section.




7 (225 ILCS 441/10-10)



8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 10-10. Retention of records. A person licensed under 
10this Act shall
retain the original or a true and exact copy of 
11all written contracts that engage the licensee's engaging
his 
12or her services as a home inspector and all home inspection 
13reports,
including any supporting data used to develop the 
14home inspection report, for a
period of 5 years or 2 years 
15after the final disposition of any judicial
proceeding, which 
16includes any appeal, in which testimony was given, whichever 
17is longer.

18(Source: P.A. 97-226, eff. 7-28-11.)





19 (225 ILCS 441/15-10)



20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 15-10. Grounds for disciplinary action. 

22 (a) The Department may refuse to issue or renew, or may 
23revoke, suspend, place on probation, reprimand, or take other 
24disciplinary or non-disciplinary action as the Department may 
 
 
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1deem appropriate, including imposing fines not to exceed 
2$25,000 for each violation, with regard to any license for any 
3one or combination of the following:

4  (1) Fraud or misrepresentation in applying for, or 
5 procuring a license under this Act or in connection with 
6 applying for renewal of a license under this Act.

7  (2) Failing to meet the minimum qualifications for 
8 licensure as a home
inspector established by this Act.

9  (3) Paying money, other than for the fees provided for 
10 by this Act, or
anything of value to an employee of the 
11 Department to procure licensure under this Act.

12  (4) Conviction of, or by plea of guilty or nolo 
13 contendere, or finding as enumerated in subsection (c) of 
14 Section 5-10, of guilt, jury verdict, or entry of judgment 
15 or by sentencing of any crime, including, but not limited 
16 to, convictions, preceding sentences of supervision, 
17 conditional discharge, or first offender probation, under 
18 the laws of any jurisdiction of the United States: (i) 
19 that is a felony, ; (ii) that is a misdemeanor, or 
20 administrative sanction, or (ii) an essential element of 
21 which is dishonesty, or that is directly related to the 
22 practice of the profession; or (iii) that is a crime that 
23 subjects the licensee to compliance with the requirements 
24 of the Sex Offender Registration Act.

25  (5) Committing an act or omission involving 
26 dishonesty, fraud, or
misrepresentation
with the intent to 
 
 
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1 substantially benefit the licensee or another person or 
2 with
the intent to substantially injure another person.

3  (6) Violating a provision or standard for the 
4 development or
communication of home inspections as 
5 provided in Section 10-5 of this Act or as
defined in the 
6 rules.

7  (7) Failing or refusing to exercise reasonable

8 diligence
in the development, reporting, or communication 
9 of a home inspection report, as
defined
by this Act or the 
10 rules.

11  (8) Violating a provision of this Act or the rules.

12  (9) Having been disciplined by another state, the 
13 District of Columbia, a
territory, a foreign nation, a 
14 governmental agency, or any other entity
authorized to 
15 impose discipline if at least one of the grounds for
that

16 discipline is the same as or substantially equivalent to 
17 one of the grounds
for which a licensee may be disciplined 
18 under this Act.

19  (10) Engaging in dishonorable, unethical, or 
20 unprofessional conduct of a
character likely to deceive, 
21 defraud, or harm the public.

22  (11) Accepting an inspection assignment when the 
23 employment itself is
contingent upon the home inspector 
24 reporting a predetermined analysis or
opinion, or when the 
25 fee to be paid is contingent upon the analysis, opinion,

26 or conclusion reached or upon the consequences resulting 
 
 
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1 from the home
inspection assignment.

2  (12) Developing home inspection opinions or 
3 conclusions based on the race,
color, religion, sex, 
4 national origin, ancestry, age, marital status, family

5 status, physical or mental disability, military status, or 
6 unfavorable discharge from military status discharge, 
7 sexual orientation, order of protection status, or 
8 pregnancy, as
defined under the Illinois Human Rights Act, 
9 of the prospective or present
owners or occupants of the 
10 area or property under home inspection.

11  (13) Being adjudicated liable in a civil proceeding on 
12 grounds of
fraud,
misrepresentation, or deceit. In a 
13 disciplinary proceeding based upon a
finding of civil 
14 liability, the home inspector shall be
afforded an 
15 opportunity to present mitigating and extenuating 
16 circumstances,
but may not collaterally attack the civil 
17 adjudication.

18  (14) Being adjudicated liable in a civil proceeding 
19 for violation of
a
State or federal fair housing law.

20  (15) Engaging in misleading or untruthful advertising 
21 or using a trade
name or insignia of membership in a home 
22 inspection organization of
which the licensee is not a 
23 member.

24  (16) Failing, within 30 days, to provide information 
25 in response to a written request made by the Department.

26  (17) Failing to include within the home inspection 
 
 
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1 report the home
inspector's license number and the date of 
2 expiration of the license. The names of (i) all persons 
3 who conducted the home inspection; and (ii) all persons 
4 who prepared the subsequent written evaluation or any part 
5 thereof must be disclosed in the report. All
home 
6 inspectors providing significant contribution to the 
7 development and
reporting of a home inspection must be 
8 disclosed in the home inspection report.
It is a violation 
9 of this Act for a home inspector to sign a home inspection

10 report knowing that the names of all such persons have a 
11 person providing a significant contribution to the report

12 has not been disclosed in the home inspection report.

13  (18) Advising a client as to whether the client should 
14 or should not
engage in a transaction regarding the 
15 residential real property that is the
subject of the home 
16 inspection.

17  (19) Performing a home inspection in a manner that 
18 damages or alters the
residential real property that is 
19 the subject of the home inspection without
the consent of 
20 the owner.

21  (20) Performing a home inspection when the home 
22 inspector is providing
or may also provide other services 
23 in connection with the residential real
property or 
24 transaction, or has an interest in the residential real 
25 property,
without providing prior written notice of the 
26 potential or actual conflict and
obtaining the prior 
 
 
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1 consent of the client as provided by rule.

2  (21) Aiding or assisting another person in violating 
3 any provision of this Act or rules adopted under this Act. 
4  (22) Inability to practice with reasonable judgment, 
5 skill, or safety as a result of habitual or excessive use 
6 or addiction to alcohol, narcotics, stimulants, or any 
7 other chemical agent or drug. 
8  (23) A finding by the Department that the licensee, 
9 after having the his or her license placed on probationary 
10 status, has violated the terms of probation. 
11  (24) Willfully making or filing false records or 
12 reports related to the in his or her practice of home 
13 inspection, including, but not limited to, false records 
14 filed with State agencies or departments.
15  (25) Charging for professional services not rendered, 
16 including filing false statements for the collection of 
17 fees for which services are not rendered.
18  (26) Practicing under a false or, except as provided 
19 by law, an assumed name.
20  (27) Cheating on or attempting to subvert the 
21 licensing examination administered under this Act. 
22  (28) Engaging in any of the following prohibited 
23 fraudulent, false, deceptive, or misleading advertising 
24 practices:
25   (i) advertising as a home inspector or operating a 
26 home inspection business entity unless there is a duly 
 
 
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1 licensed home inspector responsible for all inspection 
2 activities and all inspections;
3   (ii) advertising that contains a misrepresentation 
4 of facts or false statements regarding the licensee's 
5 professional achievements, degrees, training, skills, 
6 or qualifications in the home inspection profession or 
7 any other profession requiring licensure;
8   (iii) advertising that makes only a partial 
9 disclosure of relevant facts related to pricing or 
10 home inspection services; and
11   (iv) advertising that claims this State or any of 
12 its political subdivisions endorse the home inspection 
13 report or its contents.
14  (29) Disclosing, except as otherwise required by law, 
15 inspection results or client information obtained without 
16 the client's written consent. A home inspector shall not 
17 deliver a home inspection report to any person other than 
18 the client of the home inspector without the client's 
19 written consent.
20  (30) Providing fees, gifts, waivers of liability, or 
21 other forms of compensation or gratuities to persons 
22 licensed under any real estate professional licensing act 
23 in this State as consideration or inducement for the 
24 referral of business.
25 (b) The Department may suspend, revoke,
or refuse to issue

26or renew an education provider's license, may reprimand, place 
 
 
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1on probation, or
otherwise discipline
an education provider

2licensee, and may suspend or revoke the course approval of any 
3course offered
by an education provider, for any of the 
4following:

5  (1) Procuring or attempting to procure licensure by 
6 knowingly making a
false statement, submitting false 
7 information, making any form of fraud or

8 misrepresentation, or refusing to provide complete 
9 information in response to a
question in an application 
10 for licensure.

11  (2) Failing to comply with the covenants certified to 
12 on the application
for licensure as an education provider.

13  (3) Committing an act or omission involving 
14 dishonesty, fraud, or
misrepresentation
or allowing any 
15 such act or omission by any employee or contractor under 
16 the
control of the education provider.

17  (4) Engaging in misleading or untruthful advertising.

18  (5) Failing to retain competent instructors in 
19 accordance with rules
adopted under this Act.

20  (6) Failing to meet the topic or time requirements for 
21 course approval as
the provider of a pre-license 
22 curriculum course or a continuing education
course.

23  (7) Failing to administer an approved course using the 
24 course materials,
syllabus, and examinations submitted as 
25 the basis of the course approval.

26  (8) Failing to provide an appropriate classroom 
 
 
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1 environment for
presentation of courses, with 
2 consideration for student comfort, acoustics,
lighting, 
3 seating, workspace, and visual aid material.

4  (9) Failing to maintain student records in compliance 
5 with the rules
adopted
under this Act.

6  (10) Failing to provide a certificate, transcript, or 
7 other student
record to the Department or to a student as 
8 may be required by rule.

9  (11) Failing to fully cooperate with a Department 
10 investigation by knowingly
making a false statement, 
11 submitting false or misleading information, or
refusing to 
12 provide complete information in
response to written 
13 interrogatories or a written request for
documentation 
14 within 30 days of the request.

15 (c) (Blank). In appropriate cases, the Department may 
16resolve a complaint against a licensee
through the issuance of 
17a Consent to Administrative Supervision order. A
licensee 
18subject to a Consent to Administrative Supervision order
shall 
19be considered by the Department as an active licensee in good 
20standing.
This order shall not be reported as or considered by 
21the Department to be a discipline of
the licensee.
The records 
22regarding an investigation and a Consent to Administrative

23Supervision order shall be considered confidential and shall 
24not be released by
the Department except as
mandated by law. 
25The complainant shall be notified that his or her
complaint 
26has been resolved by a Consent to Administrative Supervision 
 
 
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1order.

2 (d) The Department may refuse to issue or may suspend 
3without hearing, as provided for in the Code of Civil 
4Procedure, the license of any person who fails to file a tax 
5return, to pay the tax, penalty, or interest shown in a filed 
6tax return, or to pay any final assessment of tax, penalty, or 
7interest, as required by any tax Act administered by the 
8Illinois Department of Revenue, until such time as the 
9requirements of the tax Act are satisfied in accordance with 
10subsection (g) of Section 2105-15 of the Civil Administrative 
11Code of Illinois.
12 (e) (Blank).
13 (f) In cases where the Department of Healthcare and Family 
14Services has previously determined that a licensee or a 
15potential licensee is more than 30 days delinquent in the 
16payment of child support and has subsequently certified the 
17delinquency to the Department, the Department may refuse to 
18issue or renew or may revoke or suspend that person's license 
19or may take other disciplinary action against that person 
20based solely upon the certification of delinquency made by the 
21Department of Healthcare and Family Services in accordance 
22with item (5) of subsection (a) of Section 2105-15 of the Civil 
23Administrative Code of Illinois.
24 (g) The determination by a circuit court that a licensee 
25is subject to involuntary admission or judicial admission, as 
26provided in the Mental Health and Developmental Disabilities 
 
 
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1Code, operates as an automatic suspension. The suspension will 
2end only upon a finding by a court that the patient is no 
3longer subject to involuntary admission or judicial admission 
4and the issuance of a court order so finding and discharging 
5the patient.
6 (h) (Blank). In enforcing this Act, the Department, upon a 
7showing of a possible violation, may compel an individual 
8licensed to practice under this Act, or who has applied for 
9licensure under this Act, to submit to a mental or physical 
10examination, or both, as required by and at the expense of the 
11Department. The Department may order the examining physician 
12to present testimony concerning the mental or physical 
13examination of the licensee or applicant. No information shall 
14be excluded by reason of any common law or statutory privilege 
15relating to communications between the licensee or applicant 
16and the examining physician. The examining physician shall be 
17specifically designated by the Department. The individual to 
18be examined may have, at his or her own expense, another 
19physician of his or her choice present during all aspects of 
20this examination. The examination shall be performed by a 
21physician licensed to practice medicine in all its branches. 
22Failure of an individual to submit to a mental or physical 
23examination, when directed, shall result in an automatic 
24suspension without hearing.
25 A person holding a license under this Act or who has 
26applied for a license under this Act, who, because of a 
 
 
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1physical or mental illness or disability, including, but not 
2limited to, deterioration through the aging process or loss of 
3motor skill, is unable to practice the profession with 
4reasonable judgment, skill, or safety, may be required by the 
5Department to submit to care, counseling, or treatment by 
6physicians approved or designated by the Department as a 
7condition, term, or restriction for continued, reinstated, or 
8renewed licensure to practice. Submission to care, counseling, 
9or treatment as required by the Department shall not be 
10considered discipline of a license. If the licensee refuses to 
11enter into a care, counseling, or treatment agreement or fails 
12to abide by the terms of the agreement, the Department may file 
13a complaint to revoke, suspend, or otherwise discipline the 
14license of the individual. The Secretary may order the license 
15suspended immediately, pending a hearing by the Department. 
16Fines shall not be assessed in disciplinary actions involving 
17physical or mental illness or impairment.
18 In instances in which the Secretary immediately suspends a 
19person's license under this Section, a hearing on that 
20person's license must be convened by the Department within 15 
21days after the suspension and completed without appreciable 
22delay. The Department shall have the authority to review the 
23subject individual's record of treatment and counseling 
24regarding the impairment to the extent permitted by applicable 
25federal statutes and regulations safeguarding the 
26confidentiality of medical records.
 
 
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1 An individual licensed under this Act and affected under 
2this Section shall be afforded an opportunity to demonstrate 
3to the Department that he or she can resume practice in 
4compliance with acceptable and prevailing standards under the 
5provisions of his or her license. 
6(Source: P.A. 100-872, eff. 8-14-18.)


7 (225 ILCS 441/15-10.1 new)
8 Sec. 15-10.1. Citations.
9 (a) The Department may adopt rules to permit the issuance 
10of citations to any licensee for failure to comply with the 
11continuing education requirements set forth in this Act or as 
12established by rule. The citation shall be issued to the 
13licensee and shall contain the licensee's name, the licensee's 
14address, the licensee's license number, the number of required 
15hours of continuing education that have not been successfully 
16completed by the licensee within the renewal period, and the 
17penalty imposed, which shall not exceed $2,000. The issuance 
18of a citation shall not excuse the licensee from completing 
19all continuing education required for that renewal period.
20 (b) Service of a citation shall be made in person, 
21electronically, or by mail to the licensee at the licensee's 
22address of record or email address of record, and the citation 
23must clearly state that if the cited licensee wishes to 
24dispute the citation, the cited licensee may make a written 
25request, within 30 days after the citation is served, for a 
 
 
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1hearing before the Department. If the cited licensee does not 
2request a hearing within 30 days after the citation is served, 
3then the citation shall become a final, non-disciplinary 
4order, and any fine imposed is due and payable within 60 days 
5after that final order. If the cited licensee requests a 
6hearing within 30 days after the citation is served, the 
7Department shall afford the cited licensee a hearing conducted 
8in the same manner as a hearing provided for in this Act for 
9any violation of this Act and shall determine whether the 
10cited licensee committed the violation as charged and whether 
11the fine as levied is warranted. If the violation is found, any 
12fine shall constitute non-public discipline and be due and 
13payable within 30 days after the order of the Secretary, which 
14shall constitute a final order of the Department. No change in 
15license status may be made by the Department until a final 
16order of the Department has been issued.
17 (c) Payment of a fine that has been assessed pursuant to 
18this Section shall not constitute disciplinary action 
19reportable on the Department's website or elsewhere unless a 
20licensee has previously received 2 or more citations and been 
21assessed 2 or more fines.
22 (d) Nothing in this Section shall prohibit or limit the 
23Department from taking further action pursuant to this Act and 
24rules for additional, repeated, or continuing violations.




25 (225 ILCS 441/15-15)



 
 
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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 15-15. Investigation; notice; hearing. The Department 
3may investigate the actions of any applicant or licensee or of 
4any person or persons rendering or offering to render home 
5inspection services or any person holding or claiming to hold 
6a license as a home inspector. The Department shall, before 
7refusing to issue or renew a license or to discipline a 
8licensee pursuant to Section 15-10, at least 30 days prior to 
9the date set for the hearing, (i) notify the accused in 
10writing, of the charges made and the time and place for the 
11hearing on the charges, (ii) direct the licensee or applicant 
12him or her to file a written answer with the Department under 
13oath within 20 days after the service of the notice, and (iii) 
14inform the applicant or licensee that failure to file an 
15answer will result in a default judgment being entered against 
16the applicant or licensee. At the time and place fixed in the 
17notice, the Department shall proceed to hear the charges and 
18the parties of their counsel shall be accorded ample 
19opportunity to present any pertinent statements, testimony, 
20evidence, and arguments. The Department may continue the 
21hearing from time to time. In case the person, after receiving 
22the notice, fails to file an answer, the his or her license, 
23may, in the discretion of the Department, be revoked, 
24suspended, placed on probationary status, or the Department 
25may take whatever disciplinary actions considered proper, 
26including limiting the scope, nature, or extent of the 
 
 
10200HB0562ham001- 31 -LRB102 02734 SPS 23165 a


1person's practice or the imposition of a fine, without a 
2hearing, if the act or acts charged constitute sufficient 
3grounds for that action under the Act. The notice may be served 
4by personal delivery, by mail, or, at the discretion of the 
5Department, by electronic means to the address of record or 
6email address of record specified by the accused as last 
7updated with the Department. The written notice may be served 
8by personal delivery or by certified mail to the accused's 
9address of record. 

10 A copy of the hearing officer's report or any Order of 
11Default, along with a copy of the original complaint giving 
12rise to the action, shall be served upon the applicant, 
13licensee, or unlicensed person by the Department to the 
14applicant, licensee, or unlicensed individual in the manner 
15provided in this Act for the service of a notice of hearing. 
16Within 20 days after service, the applicant or licensee may 
17present to the Department a motion in writing for a rehearing, 
18which shall specify the particular grounds for rehearing. The 
19Department may respond to the motion, or if a motion for 
20rehearing is denied, then upon denial, the Secretary may enter 
21an order in accordance with the recommendations of the hearing 
22officer. If the applicant or licensee orders from the 
23reporting service and pays for a transcript of the record 
24within the time for filing a motion for rehearing, then the 
2520-day period during which a motion may be filed shall 
26commence upon the delivery of the transcript to the applicant 
 
 
10200HB0562ham001- 32 -LRB102 02734 SPS 23165 a


1or licensee. 
2(Source: P.A. 97-226, eff. 7-28-11.)





3 (225 ILCS 441/15-20)



4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 15-20. Administrative Review Law; certification fees;

6Illinois Administrative Procedure Act.
7 (a) All final administrative decisions of the Department 
8under this Act
are subject to
judicial review pursuant to the 
9provisions of the Administrative Review Law and
the rules 
10adopted pursuant thereto. The term "administrative decision" 
11has the
meaning ascribed to it in Section 3-101 of the 
12Administrative
Review Law.

13 (b) The Department shall not be required to certify any 
14record to the court or file any answer in court or otherwise 
15appear in any court in a judicial review proceeding, unless 
16and until the Department has received from the plaintiff 
17payment of the costs of furnishing and certifying the record, 
18which costs shall be determined by the Department. Exhibits 
19shall be certified without cost. Failure on the part of the 
20plaintiff to file a receipt in court is grounds for dismissal 
21of the action.

22 (c) The Illinois Administrative Procedure Act is hereby 
23expressly
adopted
and incorporated herein. In the event of a 
24conflict between this
Act and the Illinois Administrative 
25Procedure Act, this Act shall
control.

 
 
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1 (d) Proceedings for judicial review shall be commenced in 
2the circuit court of the county in which the party applying for 
3review resides, but if the party is not a resident of Illinois, 
4the venue shall be in Sangamon County or Cook County. 
5(Source: P.A. 97-226, eff. 7-28-11.)


6 (225 ILCS 441/15-36 new)
7 Sec. 15-36. No private right of action. Except as 
8otherwise expressly provided for in this Act, nothing in this 
9Act shall be construed to grant to any person a private right 
10of action to enforce the provisions of this Act or the rules 
11adopted under this Act.




12 (225 ILCS 441/15-55)



13 (Section scheduled to be repealed on January 1, 2022)

14 Sec. 15-55. Returned checks and dishonored credit card 
15charges; penalty fee; revocation termination. A person who
(1) 
16delivers a check or other payment to the Department that is 
17returned to the Department unpaid by
the financial institution 
18upon which it was drawn shall pay to the Department; or (2) 
19presents a credit or debit card for payment that is invalid or 
20expired or against which charges by the Department are 
21declined or dishonored, in
addition to the amount already 
22owed, a penalty fee of $50. The Department shall notify
the 
23person, by certified mail return receipt requested, that the

24his or her
check or
payment was returned or that the credit 
 
 
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1card charge was dishonored and
that the person shall pay to the 
2Department by certified check or money order the amount
of the 
3returned check plus a $50 penalty fee within 30 calendar days 
4after the
date of the notification. If, after the expiration 
5of 30 calendar days of the
notification, the person has failed 
6to remit the necessary funds and penalty,
the Department shall 
7automatically revoke terminate the license or deny the 
8application without
hearing. If the returned check or other 
9payment was for issuance of a license
under this Act and that 
10person practices as a home inspector, that person may
be 
11subject to discipline for unlicensed practice as provided in 
12this Act. If,
after revocation termination or denial, the 
13person seeks a license, the applicant or licensee he or she 
14shall
petition
the Department for restoration or issuance of 
15the license and he or she may be subject to additional 
16discipline or
fines. The Secretary may waive the penalties or 
17fines due under this
Section in individual cases where the 
18Secretary finds that the penalties or
fines would be 
19unreasonable or unnecessarily burdensome.

20(Source: P.A. 97-226, eff. 7-28-11.)





21 (225 ILCS 441/15-60)



22 (Section scheduled to be repealed on January 1, 2022)

23 Sec. 15-60. Violations; injunction; cease and desist 
24orders.  
25 (a) If any person violates a provision of this Act, the 
 
 
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1Secretary may, in the name of the People of the State of 
2Illinois, through the Attorney General of the State of 
3Illinois or the State's Attorney in the county in which the 
4offense occurs, petition for an order enjoining the violation 
5or for an order enforcing compliance with this Act. Upon the 
6filing of a verified petition in court, the court may issue a 
7temporary restraining order, without notice or bond, and may 
8preliminarily and permanently enjoin the violation. If it is 
9established that the person has violated or is violating the 
10injunction, the court may punish the offender for contempt of 
11court. Proceedings under this Section shall be in addition to, 
12and not in lieu of, all other remedies and penalties provided 
13by this Act.
14 (b) If any person practices as a home inspector or holds 
15oneself himself or herself out as a home inspector without 
16being licensed under the provisions of this Act, then the 
17Secretary, any licensed home inspector, any interested party, 
18or any person injured thereby may petition for relief as 
19provided in subsection (a) of this Section or may apply to the 
20circuit court of the county in which the violation or some part 
21thereof occurred, or in which the person complained of resides 
22or has a his or her principal place of business or resides, to 
23prevent the violation. The court has jurisdiction to enforce 
24obedience by injunction or by other process restricting the 
25person complained of from further violation and may enjoin 
26enjoining upon the person him or her obedience.
 
 
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1 (c) Whoever knowingly practices or offers to practice home 
2inspection in this State without a license for that purpose 
3shall be guilty of a Class A misdemeanor for the first offense 
4and shall be guilty of a Class 4 felony for the second and any 
5subsequent offense.
6 (d) Whenever, in the opinion of the Department, a person 
7violates any provision of this Act, the Department may issue a 
8rule to show cause why an order to cease and desist should not 
9be entered against that person. The rule shall clearly set 
10forth the grounds relied upon by the Department and shall 
11provide a period of 7 days from the date of the rule to file an 
12answer to the satisfaction of the Department. Failure to 
13answer to the satisfaction of the Department shall cause an 
14order to cease and desist to be issued. 

15(Source: P.A. 97-226, eff. 7-28-11.)





16 (225 ILCS 441/20-5)



17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 20-5. Education provider. 

19 (a) Only education providers licensed by the Department 
20may
provide
the pre-license and continuing education courses 
21required for licensure
under this Act.

22 (b) A person or entity seeking to be licensed as an 
23education
provider under this Act shall provide satisfactory 
24evidence of the following:


25  (1) a sound financial base for establishing, 
 
 
10200HB0562ham001- 37 -LRB102 02734 SPS 23165 a


1 promoting, and delivering the
necessary courses;


2  (2) a sufficient number of qualified instructors;


3  (3) adequate support personnel to assist with 
4 administrative matters and
technical assistance;


5  (4) a written policy dealing with procedures for 
6 management of grievances
and fee refunds;


7  (5) a qualified school administrator, who is 
8 responsible for the
administration of the school, courses, 
9 and the actions of the instructors; and


10  (6) any other requirements provided by rule.

11 (c) All applicants for an education provider's license 
12shall make initial
application to the Department in a manner 
13prescribed on forms
provided by the Department and pay the 
14appropriate fee as provided by rule. In addition to any other 
15information required to be contained in the application as 
16prescribed by rule, every application for an original or 
17renewed license shall include the applicant's tax 
18identification number.
The term, expiration date, and renewal 
19of an education provider's
license shall be established by 
20rule.

21 (d) An education provider shall provide each successful 
22course participant
with a certificate of completion signed by 
23the school administrator.
The format and content of the 
24certificate shall be specified by rule.

25 (e) All education providers shall provide to the 
26Department a monthly roster of all
successful course 
 
 
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1participants as
provided by rule.

2(Source: P.A. 97-226, eff. 7-28-11.)





3 (225 ILCS 441/25-15)



4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 25-15. Liaison; duties. The Secretary shall appoint 
6an employee
of the Department to:


7  (1) (blank);


8  (2) be the direct liaison between the Department, peer 
9 review advisors, the profession, home inspectors,
and 
10 related industry organizations and associations; and


11  (3) prepare and circulate to licensees such 
12 educational and informational
material as the Department 
13 deems necessary for providing guidance or assistance to

14 licensees.

15(Source: P.A. 97-226, eff. 7-28-11.)


16 (225 ILCS 441/25-27)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 25-27. Subpoenas; depositions; oaths. 
19 (a) The Department may subpoena and bring before it any 
20person to take oral or written testimony or compel the 
21production of any books, papers, records, or any other 
22documents the Secretary or the Secretary's his or her designee 
23deems relevant or material to any investigation or hearing 
24conducted by the Department with the same fees and in the same 
 
 
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1manner as prescribed in civil cases in the courts of this 
2State.
3 (b) Any circuit court, upon the application of the 
4licensee or the Department, may order the attendance and 
5testimony of witnesses and the production of relevant 
6documents, files, records, books, and papers in connection 
7with any hearing or investigation. The circuit court may 
8compel obedience to its order by proceedings for contempt.
9 (c) The Secretary, the hearing officer, any member of the 
10Board, or a certified shorthand court reporter may administer 
11oaths at any hearing the Department conducts. Notwithstanding 
12any other statute or Department rule to the contrary, all 
13requests for testimony, production of documents, or records 
14shall be in accordance with this Act. 

15(Source: P.A. 97-226, eff. 7-28-11.)

16 (225 ILCS 441/25-17 rep.)
17 Section 15. The Home Inspector License Act is amended by 
18repealing Section 25-17.


19 Section 99. Effective date. This Act takes effect January 
201, 2022, except that this Section and Section 5 take effect 
21upon becoming law.".