225 ILCS 407

in effect

225 ILCS 407/5-1

(225 ILCS 407/5-1) (Section scheduled to be repealed on January 1, 2030) Sec. 5-1. Short title. This Act may be cited as the Auction License Act. (Source: P.A. 91-603, eff. 1-1-00.)

(225 ILCS 407/5-5) (Section scheduled to be repealed on January 1, 2030) Sec. 5-5. Legislative intent. The General Assembly finds that Illinois does not have the ability, without legislation, to enter into reciprocal agreements with other states to allow residents of Illinois to practice auctioneering in other states. This body further finds that, without legislation, Illinois does not have the ability to evaluate the competency of persons engaged in the auction business or to regulate this business for the protection of the public. Therefore, it is the purpose of this Act to license and regulate auctioneers. (Source: P.A. 91-603, eff. 1-1-00.)

225 ILCS 407/5-10 Definitions

(225 ILCS 407/5-10) (Text of Section before amendment by P.A. 104-145) (Section scheduled to be repealed on January 1, 2030) Sec. 5-10. Definitions. As used in this Act: "Advertisement" means any written, oral, or electronic communication that contains a promotion, inducement, or offer to conduct an auction or offer to provide an auction service, including but not limited to brochures, pamphlets, radio and television scripts, telephone and direct mail solicitations, electronic media, and other means of promotion. "Advisory Board" or "Board" means the Auctioneer Advisory Board. "Auction" means the sale or lease of property, real or personal, by means of exchanges between an auctioneer and prospective purchasers or lessees, which consists of a series of invitations for offers made by the auctioneer and offers by prospective purchasers or lessees for the purpose of obtaining an acceptable offer for the sale or lease of the property, including the sale or lease of property via mail, telecommunications, or the Internet. "Auction contract" means a written agreement between an auctioneer or auction firm and a seller or sellers. "Auction firm" means any corporation, partnership, or limited liability company that acts as an auctioneer and provides an auction service. "Auction school" means any educational institution, public or private, that offers a curriculum of auctioneer education and training approved by the Department. "Auction service" means the service of arranging, managing, advertising, or conducting auctions. "Auctioneer" means a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or expectation of receiving valuable consideration by the means of or process of an auction or sale at auction or providing an auction service, offers, negotiates, or attempts to negotiate an auction contract, sale, purchase, or exchange of goods, chattels, merchandise, personal property, real property, or any commodity that may be lawfully kept or offered for sale by or at auction. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department. "Buyer premium" means any fee or compensation paid by the successful purchaser of property sold or leased at or by auction, to the auctioneer, auction firms, seller, lessor, or other party to the transaction, other than the purchase price. "Department" means the Department of Financial and Professional Regulation. "Division" means the Division of Real Estate within the Department. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit. "Goods" means chattels, movable goods, merchandise, or personal property or commodities of any form or type that may be lawfully kept or offered for sale. "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet. "Internet auction listing service" means a website on the Internet, or other interactive computer service, that is designed to allow or advertise as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an online bid submission process using that website or interactive computer service and that does not examine, set the price, prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer. "Licensee" means any person licensed under this Act. "Managing auctioneer" means any person licensed as an auctioneer who manages and supervises licensees. "Person" means an individual, association, partnership, corporation, or limited liability company or the officers, directors, or employees of the same. "Pre-renewal period" means the 24 months prior to the expiration date of a license issued under this Act. "Real estate" means real estate as defined in Section 1-10 of the Real Estate License Act of 2000 or its successor Acts. "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.) (Text of Section after amendment by P.A. 104-145) (Section scheduled to be repealed on January 1, 2030) Sec. 5-10. Definitions. As used in this Act: "Advertisement" means any written, oral, or electronic communication that contains a promotion, inducement, or offer to conduct an auction or offer to provide an auction service, including but not limited to brochures, pamphlets, radio and television scripts, telephone and direct mail solicitations, electronic media, Internet online, and other means of promotion. "Advisory Board" or "Board" means the Auctioneer Advisory Board. "Auction" means the sale or lease of property, real or personal, by means of exchanges between an auctioneer and prospective purchasers or lessees, which consists of a series of invitations or bids for offers made by the auctioneer to prospective purchasers or lessees for the purpose of obtaining an acceptable offer for the sale or lease of property via mail, telecommunications, or the Internet online. "Auction contract" means a written agreement between an auctioneer or auction firm and a seller or sellers. "Auction firm" means any corporation, partnership, or limited liability company that acts as an auctioneer and provides an auction service. "Auction school" means any educational institution, public or private, that offers a curriculum of auctioneer education and training approved by the Department. "Auction service" means the service of arranging, managing, advertising, or conducting auctions. "Auctioneer" means a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or expectation of receiving valuable consideration by the means of or process of an auction or sale at auction or providing an auction service, offers, negotiates, or attempts to negotiate an auction contract, sale, purchase, or exchange of goods, chattels, merchandise, personal property, real property, or any commodity that may be lawfully kept or offered for sale by or at auction. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department. "Buyer premium" means any fee or compensation paid by the successful purchaser of property sold or leased at or by auction, to the auctioneer, auction firms, seller, lessor, or other party to the transaction, other than the purchase price. "Department" means the Department of Financial and Professional Regulation. "Division" means the Division of Real Estate within the Department. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit. "Estate sale" means a sale for liquidation of personal property of an estate owned by one or more individuals, families, or legal representatives of the estate that is advertised and scheduled for a predetermined amount of time and to which the public is invited to participate in a negotiation or bid for the purchase of the personal property. "Estate sale service" means the performance of an auction service for the owners of personal property to be sold at an estate sale, where an auctioneer undertakes the responsibility of conducting the sale. "Estate sale service" does not include the sale of real property. "Goods" means chattels, movable goods, merchandise, or personal property or commodities of any form or type that may be lawfully kept or offered for sale. "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet. "Internet auction listing service" means a website on the Internet, or other interactive computer service, that is designed to allow or advertise as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an online bid submission process using that website or interactive computer service and that does not examine, set the price, prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer. "Licensee" means any person licensed under this Act. "Managing auctioneer" means any person licensed as an auctioneer who manages and supervises licensees. "Online auction" means an auction or auction service conducted by an auctioneer via a website on the Internet, an application, an interactive computer service, or other similar media. "Person" means an individual, association, partnership, corporation, or limited liability company or the officers, directors, or employees of the same. "Pre-renewal period" means the 24 months prior to the expiration date of a license issued under this Act. "Real estate" means real estate as defined in Section 1-10 of the Real Estate License Act of 2000 or its successor Acts. "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (Source: P.A. 104-145, eff. 1-1-26.)

225 ILCS 407/10-1

(225 ILCS 407/10-1) (Section scheduled to be repealed on January 1, 2030) Sec. 10-1. Necessity of license; exemptions. (a) It is unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct an auction, provide an auction service, hold oneself out as an auctioneer, or advertise services as an auctioneer in the State of Illinois without a license issued by the Department under this Act, except at: (1) an auction conducted solely by or for a not-for-profit organization for charitable purposes in which the individual receives no compensation; (2) an auction conducted by the owner of the property, real or personal; (3) an auction for the sale or lease of real property conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act; (4) an auction conducted by a business registered as a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law; (5) an auction conducted by an agent, officer, or employee of a federal agency in the conduct of the agent's, officer's, or employee's official duties; and (6) an auction conducted by an agent, officer, or employee of the State government or any political subdivision thereof performing official duties. (b) Nothing in this Act shall be construed to apply to a new or used vehicle dealer or a vehicle auctioneer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of employment for the licensee while conducting an auction that is not open to the public, provided that only new or used vehicle dealers, rebuilders, automotive parts recyclers, or scrap processors licensed by the Secretary of State or licensed by another state or jurisdiction may buy property at the auction, or to sales by or through the licensee. Out-of-state salvage vehicle buyers licensed in another state or jurisdiction may also buy property at the auction. (c) Nothing in this Act shall be construed to prohibit a person under the age of 18 from selling property under $250 in value while under the direct supervision of a licensed auctioneer. (d) Nothing in this Act shall be construed to apply to a person providing an Internet auction listing service as defined in Section 5-10. (e) Nothing in this Act shall be construed to apply to a third-party reseller of personal property where owners or representatives of an estate have transferred ownership of the property to the reseller to be sold anonymously. A third-party reseller may include, but is not limited to, a retail seller, a consignment seller, or a distributor who does not conduct an estate sale. (f) Nothing in this Section shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor; any such person acting under an order of any court, under the direction of any public authority, or pursuant to any judicial decree; or any such person acting pursuant to a trust agreement, deed of trust, or will. (g) The licensing of auction firms required under this Act does not apply to an entity whose ownership structure consists of one licensed auctioneer operating either (i) a sole proprietorship, a single member limited liability company, or a single shareholder corporation, or (ii) a limited liability company, corporation, or partnership co-owned solely with the auctioneer's unlicensed spouse. The auctioneer owner or operator must be the only licensee performing auctions on the entity's behalf and shall comply with all other provisions of this Act. (Source: P.A. 104-145, eff. 1-1-26; 104-746, eff. 7-31-26.)

225 ILCS 407/10-5

(225 ILCS 407/10-5) (Section scheduled to be repealed on January 1, 2030) Sec. 10-5. Requirements for auctioneer license; application. (a) Every person who desires to obtain an auctioneer license under this Act shall: (1) apply to the Department on forms provided by the Department accompanied by the required fee; (2) be at least 18 years of age; (3) have attained a high school diploma or successfully completed an equivalent course of study determined by an examination conducted by the Illinois State Board of Education; and (4) pass a written examination authorized by the Department to prove competence, including but not limited to general knowledge of Illinois and federal laws pertaining to personal property contracts, auctions, real property, ethics, and other topics relating to the auction business. (b) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration: (1) juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act; (2) law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult; (3) records of arrest not followed by a charge or conviction; (4) records of arrest where the charges were dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of denial and may be used only to assess an applicant's rehabilitation; (5) convictions overturned by a higher court; or (6) convictions or arrests that have been sealed or expunged. (c) An applicant or licensee shall report to the Department, in a manner prescribed by the Department, and within 30 days after the occurrence if during the term of licensure: (i) any conviction of, or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; or (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses. (Source: P.A. 101-345, eff. 8-9-19; 102-970, eff. 5-27-22.)

225 ILCS 407/10-15 (Repealed)

(225 ILCS 407/10-15) Sec. 10-15. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/10-15a (Repealed)

(225 ILCS 407/10-15a) Sec. 10-15a. (Repealed). (Source: P.A. 96-730, eff. 8-25-09. Repealed by P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/10-20

(225 ILCS 407/10-20) (Section scheduled to be repealed on January 1, 2030) Sec. 10-20. Requirements for auction firm license; application. Any corporation, limited liability company, or partnership who desires to obtain an auction firm license shall: (1) apply to the Department on forms provided by the Department accompanied by the required fee; (2) provide evidence to the Department that the auction firm has a properly licensed managing auctioneer; and (3) any requirement as defined by rule. (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/10-22

(225 ILCS 407/10-22) (Section scheduled to be repealed on January 1, 2030) Sec. 10-22. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. (Source: P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/10-25 (Repealed)

(225 ILCS 407/10-25) Sec. 10-25. (Repealed). (Source: P.A. 91-603, eff. 1-1-00. Repealed by P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/10-27 (Repealed)

(225 ILCS 407/10-27) Sec. 10-27. (Repealed). (Source: P.A. 96-730, eff. 8-25-09. Repealed by P.A. 100-534, eff. 9-22-17.)

225 ILCS 407/10-30

(225 ILCS 407/10-30) (Section scheduled to be repealed on January 1, 2030) Sec. 10-30. Expiration, renewal, and continuing education. (a) License expiration dates, renewal periods, renewal fees, and procedures for renewal of licenses issued under this Act shall be set by rule of the Department. An entity may renew its license by paying the required fee and by meeting the renewal requirements adopted by the Department under this Section. (b) All renewal applicants must provide proof as determined by the Department of having met the continuing education requirements by the deadline set forth by the Department by rule. At a minimum, the rules shall require an applicant for renewal licensure as an auctioneer to provide proof of the completion of at least 12 hours of continuing education during the pre-renewal period established by the Department for completion of continuing education from schools approved by the Department, as established by rule. (c) The Department, in its discretion, may waive enforcement of the continuing education requirements of this Section and shall adopt rules defining the standards and criteria for such waiver. (d) (Blank). (e) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments. (f) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or civil penalty imposed by the Department for unlicensed practice until the fine or civil penalty is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

225 ILCS 407/10-35 (Repealed)

(225 ILCS 407/10-35) Sec. 10-35. (Repealed). (Source: P.A. 96-730, eff. 8-25-09. Repealed by P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/10-40

(225 ILCS 407/10-40) (Section scheduled to be repealed on January 1, 2030) Sec. 10-40. Expiration, renewal, and restoration. (a) An auctioneer whose license has lapsed or expired shall have 2 years from the expiration date to renew the license without examination. The licensee shall complete an application to the Department, provide evidence of successful completion of all hours of approved continuing education during the period of time the license had lapsed, and pay all fees and penalties as established by rule. (a-5) An auctioneer whose license has lapsed or expired for more than 2 years but less than 5 years may restore the license without examination by (i) applying to the Department, (ii) providing evidence of the licensee's successful completion of all hours of approved continuing education during the lapsed periods prior to the date of the application, (iii) paying the required fees, and (iv) satisfying any other requirements as established by rule. An auctioneer whose license has been expired for more than 5 years shall be required to meet the requirements of a new license. (b) Notwithstanding any other provisions of this Act to the contrary, any auctioneer whose license under this Act has expired is eligible to renew or restore such license without paying any lapsed fees and penalties if the license expired while the auctioneer was: (1) on active duty with the United States Army, United States Marine Corps, United States Navy, United States Air Force, United States Coast Guard, the State Militia called into service or training; (2) engaged in training or education under the supervision of the United States prior to induction into military service; or (3) serving as an employee of the Department, while the employee was required to surrender the license. An auctioneer shall also be eligible to renew a license under paragraphs (1), (2), and (3) without completing the continuing education requirements for a period of 2 years following the termination of the service or education if the termination was by other than dishonorable discharge and the licensee furnishes the Department with an affidavit specifying that the licensee has been so engaged. (c) At any time after the suspension, revocation, placement on probationary status, or other disciplinary action taken under this Act with reference to any license, the Department may restore the license to the licensee without examination upon the order of the Secretary, if the licensee submits a properly completed application, pays the appropriate fees, and otherwise complies with the conditions of the order. (d) An auctioneer who notifies the Department, in a manner prescribed by the Department, may place a license on inactive status for a period not to exceed 2 years and shall be excused from the payment of renewal fees until the auctioneer notifies the Department in writing of the auctioneer's intention to resume active practice. (e) An auctioneer requesting that a license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements. (f) No licensee with a nonrenewed or inactive license status shall provide auction services as set forth in this Act. (Source: P.A. 103-236, eff. 1-1-24; 104-746, eff. 7-31-26.)

225 ILCS 407/10-45

(225 ILCS 407/10-45) (Section scheduled to be repealed on January 1, 2030) Sec. 10-45. Nonresident auctioneer reciprocity. (a) An individual holding a license to engage in auctions issued to the individual by the proper authority of a state, territory, or possession of the United States of America or the District of Columbia that has licensing requirements equal to or substantially equivalent to the requirements of this State and that otherwise meets the requirements of this Act may obtain a license under this Act without examination if: (1) the Department has entered into a valid reciprocal agreement with the proper authority of the state, territory, or possession of the United States of America or the District of Columbia from which the nonresident applicant has a valid license; (2) the applicant provides the Department with a certificate of good standing from the applicant's state of licensure; (3) the applicant completes and submits an application as provided by the Department; and (4) the applicant pays all applicable fees required under this Act. (b) A nonresident applicant shall file an irrevocable consent with the Department that actions may be commenced against the applicant or nonresident licensee in a court of competent jurisdiction in this State by the service of summons, process, or other pleading authorized by the law upon the Secretary. The consent shall stipulate and agree that service of the process, summons, or pleading upon the Secretary shall be taken and held in all courts to be valid and binding as if actual service had been made upon the applicant in Illinois. If a summons, process, or other pleading is served upon the Secretary, it shall be by duplicate copies, one of which shall be retained by the Department and the other immediately forwarded by certified or registered mail or email to the last known business address or email address of record of the applicant or nonresident licensee against whom the summons, process, or other pleading may be directed. (Source: P.A. 104-746, eff. 7-31-26.)

225 ILCS 407/10-50

(225 ILCS 407/10-50) (Section scheduled to be repealed on January 1, 2030) Sec. 10-50. Fees; disposition of funds. (a) The Department shall establish by rule a schedule of fees for the administration and maintenance of this Act. Such fees shall be nonrefundable. (b) Prior to July 1, 2023, all fees collected under this Act shall be deposited into the General Professions Dedicated Fund and appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act. Beginning on July 1, 2023, all fees, fines, penalties, or other monies received or collected pursuant to this Act shall be deposited in the Division of Real Estate General Fund. On or after July 1, 2023, at the direction of the Department, the Comptroller shall direct and the Treasurer shall transfer the remaining balance of funds collected under this Act from the General Professions Dedicated Fund to the Division of Real Estate General Fund. (Source: P.A. 102-970, eff. 5-27-22; 103-8, eff. 6-7-23; 103-236, eff. 1-1-24.)

225 ILCS 407/15-5 Representations

(225 ILCS 407/15-5) (Section scheduled to be repealed on January 1, 2030) Sec. 15-5. Representations. An auctioneer or auction firm, or the licensees, agents, or employees of an auctioneer or auction firm, conducting an auction or providing an auction service shall not: (1) misrepresent a fact material to a purchaser's decision to buy at or by auction; (2) predict specific or immediate increases in the value of any item offered for sale at auction; or (3) materially misrepresent the qualities or characteristics of any item offered for sale at auction. (Source: P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/15-10

(225 ILCS 407/15-10) (Section scheduled to be repealed on January 1, 2030) Sec. 15-10. Auction contract. Any auctioneer or auction firm shall not conduct an auction or provide an auction service, unless the auctioneer or auction firm enters into a written auction contract with the seller of any property at auction prior to the date of the auction. Any agreement shall state whether the auction is with reserve or absolute. The agreement shall be signed by the auctioneer or auction firm conducting an auction or providing an auction service and the seller or sellers, or the legal agent of the seller or sellers of the property to be offered at or by auction, and shall include, but not be limited to the following disclosures: (1) Licensees shall disclose: (A) the name, license number, business address, and phone number of the auctioneer or auction firm conducting an auction or providing an auction service; (B) the fee to be paid to the auctioneer or auction firm for conducting an auction or providing an auction service; (C) an estimate of the advertising costs that shall be paid by the seller or sellers of property at auction and a disclosure that, if the actual advertising costs exceeds 120% of the estimated advertising cost, the auctioneer or auction firm shall pay the advertising costs that exceed 120% of the estimated advertising costs or shall have the seller or sellers agree in writing to pay for the actual advertising costs in excess of 120% of the estimated advertising costs; and (D) the buyer premium and the party to the transaction that receives it. (2) Sellers shall disclose: (A) the name, address, and phone number of the seller or sellers or the legal agent of the seller or sellers of property to be sold at auction; (B) any mortgage, lien, easement, or encumbrance of which the seller has knowledge on any property or goods to be sold or leased at or by auction; and (C) if known to the seller, an acknowledgment that (i) all property or goods offered for sale or by auction are owned by the seller, (ii) the seller has full legal authority to sell such property or goods, and (iii) to the best of the seller's knowledge, the property or goods to be sold have been lawfully obtained. (Source: P.A. 104-130, eff. 1-1-26.)

225 ILCS 407/15-15

(225 ILCS 407/15-15) (Section scheduled to be repealed on January 1, 2030) Sec. 15-15. Supervisory duties. The auction firm and managing auctioneer shall have the duty and responsibility to supervise, manage, and control any sponsored licensee, agent, or employee while conducting an auction or providing an auction service. Any violation of this Act by a licensee, agent, or employee of an auction firm or managing auctioneer shall be deemed to be a violation by the auction firm or managing auctioneer as well as by the licensee, agent, or employee. (Source: P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/15-20 (Repealed)

(225 ILCS 407/15-20) Sec. 15-20. (Repealed). (Source: P.A. 91-603, eff. 1-1-00. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/15-25

(225 ILCS 407/15-25) (Section scheduled to be repealed on January 1, 2030) Sec. 15-25. Auction firm. No corporation, limited liability company, or partnership shall be licensed without being managed by a licensed auctioneer. The managing auctioneer of any auction firm shall be responsible for the actions of all licensed and unlicensed employees, agents, and representatives of said auction firm while the firm is conducting an auction or providing an auction service. (Source: P.A. 91-603, eff. 1-1-00.)

225 ILCS 407/20-5

(225 ILCS 407/20-5) (Section scheduled to be repealed on January 1, 2030) Sec. 20-5. Unlicensed practice; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as an auctioneer, an auction firm, or any other licensee under this Act without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty fine shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding a hearing for the discipline of a license. (b) The Department has the authority and power to investigate any and all unlicensed activity pursuant to this Act. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court of record. (d) Conducting an auction or providing an auction service in Illinois without holding a valid and current license under this Act is declared to be adverse to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Secretary, the Attorney General, the State's Attorney of any county in the State, or any other person may maintain an action in the name of the People of the State of Illinois and may apply for injunctive relief in any circuit court to enjoin the person or entity from engaging in such practice. Upon the filing of a verified petition in a circuit court, the court, if satisfied by affidavit or otherwise that the person or entity has been engaged in the practice of auctioning without a valid and current license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice. Only the showing of non-licensure, by affidavit or otherwise, is necessary in order for a temporary injunction to be issued. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases except as modified by this Section. If it is established that the defendant has been or is engaged in unlawful practice, the court may enter an order or judgment perpetually enjoining the defendant from further practice. In all proceedings hereunder, the court, in its discretion, may apportion the costs among the parties interested in the action, including cost of filing the complaint, service of process, witness fees and expenses, court reporter charges, and reasonable attorneys' fees. In case of violation of any injunctive order entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. These injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this Act. (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/20-10 Violations

(225 ILCS 407/20-10) (Section scheduled to be repealed on January 1, 2030) Sec. 20-10. Violations. The commission of a single act prohibited by this Act or prohibited by the rules promulgated under this Act or a violation of a disciplinary order issued under this Act constitutes a violation of this Act. (Source: P.A. 91-603, eff. 1-1-00.)

225 ILCS 407/20-11 Confidentiality

(225 ILCS 407/20-11) (Section scheduled to be repealed on January 1, 2030) Sec. 20-11. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/20-15

(225 ILCS 407/20-15) (Section scheduled to be repealed on January 1, 2030) Sec. 20-15. Disciplinary actions; grounds. The Department may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, or may reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including the imposition of fines not to exceed $10,000 for each violation upon any licensee or applicant under this Act or any person or entity who holds oneself out as an applicant or licensee for any of the following reasons: (1) False or fraudulent representation or material misstatement in furnishing information to the Department in obtaining or seeking to obtain a license. (2) Violation of any provision of this Act or the rules adopted under this Act. (3) Conviction of or entry of a plea of guilty or nolo contendere, as set forth in subsection (c) of Section 10-5, to any crime that is a felony or misdemeanor under the laws of the United States or any state or territory thereof, or entry of an administrative sanction by a governmental agency in this State or any other jurisdiction. (3.5) Failing to notify the Department, within 30 days after the occurrence, of the information required in subsection (c) of Section 10-5. (4) Being adjudged to be a person under legal disability or subject to involuntary admission or to meet the standard for judicial admission as provided in the Mental Health and Developmental Disabilities Code. (5) Discipline of a licensee by another state, the District of Columbia, a territory of the United States, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or equivalent to one of the grounds for discipline set forth in this Act or for failing to report to the Department, within 30 days, any adverse final action taken against the licensee by any other licensing jurisdiction, governmental agency, law enforcement agency, or court, or liability for conduct that would constitute grounds for action as set forth in this Act. (6) Engaging in the practice of auctioneering, conducting an auction, or providing an auction service without a license or after the license was expired, revoked, suspended, or terminated or while the license was inoperative. (7) Attempting to subvert or cheat on the auctioneer exam or any continuing education exam, or aiding or abetting another to do the same. (8) Directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional service not actually or personally rendered, except that an auctioneer licensed under this Act may receive a fee from another licensed auctioneer from this State or jurisdiction for the referring of a client or prospect for auction services to the licensed auctioneer. (9) Making any substantial misrepresentation or untruthful advertising. (10) Making any false promises of a character likely to influence, persuade, or induce. (11) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through a licensee, agent, employee, advertising, or otherwise. (12) Any misleading or untruthful advertising or using any trade name or insignia of membership in any auctioneer association or organization of which the licensee is not a member. (13) Commingling funds of others with the licensee's own funds or failing to keep the funds of others in an escrow or trustee account. (14) Failure to account for, remit, or return any moneys, property, or documents coming into the licensee's possession that belong to others, acquired through the practice of auctioneering, conducting an auction, or providing an auction service within 30 days of the written request from the owner of said moneys, property, or documents. (15) Failure to maintain and deposit into a special account, separate and apart from any personal or other business accounts, all moneys belonging to others entrusted to a licensee while acting as an auctioneer, auction firm, or as a temporary custodian of the funds of others. (16) Failure to make available to Department personnel during normal business hours all escrow and trustee records and related documents maintained in connection with the practice of auctioneering, conducting an auction, or providing an auction service within 24 hours after a request from Department personnel. (17) Making or filing false records or reports in the licensee's practice, including, but not limited to, false records or reports filed with State agencies. (18) Failing to voluntarily furnish copies of all written instruments or executed documents prepared by the auctioneer and signed by all parties to all parties at the time of execution. (19) Failing to provide information within 30 days in response to a written request made by the Department. (20) Engaging in any act that constitutes a violation of the Illinois Human Rights Act. (21) (Blank). (22) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (23) Offering or advertising real estate for sale or lease at auction without a valid broker or managing broker's license under the Real Estate License Act of 1983, or any successor Act, unless exempt from licensure under the terms of the Real Estate License Act of 2000, or any successor Act, except as provided in Section 5-32 of the Real Estate License Act of 2000. (24) Inability to practice the profession with reasonable judgment, skill, or safety as a result of a physical illness, mental illness, or disability. (25) A pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act. (26) 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 a neglected child as defined in the Abused and Neglected Child Reporting Act. (27) Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug, which may result in significant harm to the public. (28) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act. (29) Violating the terms of any order issued by the Department. (Source: P.A. 103-236, eff. 1-1-24; 104-417, eff. 8-15-25; 104-746, eff. 7-31-26.)

225 ILCS 407/20-15.1 Citations

(225 ILCS 407/20-15.1) (Section scheduled to be repealed on January 1, 2030) Sec. 20-15.1. Citations. (a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in this Act or as established by rule. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, the number of required hours of continuing education that have not been successfully completed by the licensee within the renewal period, and the penalty imposed, which shall not exceed $2,000. The issuance of any such citation shall not excuse the licensee from completing all continuing education required for that renewal period. (b) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record, and must clearly state that if the cited licensee wishes to dispute the citation, they may make a written request, within 30 days after the citation is served, for a hearing before the Department. If the cited licensee does not request a hearing within 30 days after the citation is served, then the citation shall become a final, non-disciplinary order, and any fine imposed is due and payable within 60 days after that final order. If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited licensee a hearing conducted in the same manner as a hearing provided for in this Act for any violation of this Act and shall determine whether the cited licensee committed the violation as charged and whether the fine as levied is warranted. If the violation is found, any fine shall constitute non-public discipline and be due and payable within 30 days after the order of the Secretary, which shall constitute a final order of the Department. No change in license status may be made by the Department until a final order of the Department has been issued. (c) Payment of a fine that has been assessed pursuant to this Section shall not constitute disciplinary action reportable on the Department's website or elsewhere unless a licensee has previously received 2 or more citations and been assessed 2 or more fines. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/20-16

(225 ILCS 407/20-16) (Section scheduled to be repealed on January 1, 2030) Sec. 20-16. Illegal discrimination. When there has been an adjudication in a civil or criminal proceeding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, upon the recommendation of the Board as to the extent of the suspension or revocation, shall suspend or revoke the license of that licensee in a timely manner, unless the adjudication is in the appeal process. When there has been an order in an administrative proceeding finding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, upon recommendation of the Board as to the nature and extent of the discipline, shall take one or more of the disciplinary actions provided for in Section 20-15 in a timely manner, unless the administrative order is in the appeal process. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/20-20

(225 ILCS 407/20-20) (Section scheduled to be repealed on January 1, 2030) Sec. 20-20. Suspension without hearing for failure to pay taxes, child support, or workers' compensation obligations. The Department may suspend or otherwise deny any license issued under this Act without hearing if the following administering agency provides adequate information and proof that the licensee has: (1) failed to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax act administered by the Illinois Department of Revenue until the requirements of the tax Act are satisfied; (2) failed to pay any court ordered child support as determined by a court order or by referral from the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid); (3) (blank); or (4) failed to pay or secure workers' compensation obligations as determined by and based solely upon the certification of the Department of Insurance or the Illinois Workers' Compensation Commission. If a license is suspended or otherwise denied pursuant to this Section, the licensee may request a hearing conducted pursuant to the Civil Administrative Code of Illinois. The Department may issue a license or lift the suspension of a license if satisfactory repayment or obligation is determined by the respective State agency. (Source: P.A. 104-746, eff. 7-31-26.)

225 ILCS 407/20-25 (Repealed)

(225 ILCS 407/20-25) Sec. 20-25. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/20-30

(225 ILCS 407/20-30) (Section scheduled to be repealed on January 1, 2030) Sec. 20-30. Consent orders. Notwithstanding any provisions concerning the conduct of hearings and recommendations for disciplinary actions, the Department has the authority to negotiate agreements with licensees and applicants resulting in disciplinary consent orders. The consent orders may provide for any form of discipline provided for in this Act. The consent orders shall provide that they were not entered into as a result of any coercion by the Department. Any consent order shall be accepted by or rejected by the Secretary in a timely manner. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/20-35

(225 ILCS 407/20-35) (Section scheduled to be repealed on January 1, 2030) Sec. 20-35. Subpoenas; attendance of witnesses; oaths. (a) The Department shall have the power to issue subpoenas ad testificandum (subpoena for documents) and to bring before it any persons and to take testimony, either orally or by deposition or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Department shall have the power to issue subpoenas duces tecum and to bring before it any documents, papers, files, books, and records with the same costs and in the same manner as prescribed in civil cases in the courts of this State. (b) Any circuit court may, upon application of the Department or its designee or of the applicant, licensee, or person holding a certificate of licensure against whom proceedings under this Act are pending, enter an order compelling the enforcement of any Department subpoena issued in connection with any hearing or investigation. (c) The Secretary or his or her designee or the Board shall have power to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act administered by the Department. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/20-40

(225 ILCS 407/20-40) (Section scheduled to be repealed on January 1, 2030) Sec. 20-40. Hearings; record of hearings. (a) The Department shall have the authority to conduct hearings on proceedings to revoke, suspend, place on probation or administrative review, reprimand, or refuse to issue or renew any license under this Act or to impose a civil penalty not to exceed $10,000 upon any licensee under this Act. (b) The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. The notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the Board, and orders of the Department shall be in the record of the proceeding. The Department shall furnish a transcript of such record to any person interested in such hearing upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law (20 ILCS 2105/2105-115). (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/20-43

(225 ILCS 407/20-43) (Section scheduled to be repealed on January 1, 2030) Sec. 20-43. Investigations; notice and hearing. The Department may investigate the actions or qualifications of any person who is an applicant, unlicensed person, or person rendering or offering to render auction services, or holding or claiming to hold a license as a licensed auctioneer. At least 30 days before any disciplinary hearing under this Act, the Department shall: (i) notify the person charged in writing of the charges made and the time and place of the hearing; (ii) direct the person to file with the Board a written answer under oath to the charges within 20 days of receiving service of the notice; and (iii) inform the person that if the person fails to file an answer to the charges within 20 days of receiving service of the notice, default may be entered and the license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license as the Department may consider proper, including, but not limited to, limiting the scope, nature, or extent of the licensee's practice, or imposing a fine. At the time and place of the hearing fixed in the notice, the Board shall proceed to hear the charges, and the person or person's counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments in the person's defense. The Board may continue the hearing when it deems it appropriate. Notice of the hearing may be served by certified mail, or, at the discretion of the Department, by an electronic means to the person's last known address or email address of record or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the party's email address on record. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/20-45 (Repealed)

(225 ILCS 407/20-45) Sec. 20-45. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/20-50

(225 ILCS 407/20-50) (Section scheduled to be repealed on January 1, 2030) Sec. 20-50. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the person charged violated this Act or any rules promulgated pursuant to this Act. The Board shall specify the nature of any violations and shall make its recommendations to the Secretary. In making recommendations for any disciplinary action, the Board may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the person, including, but not limited to, previous discipline of the person by the Department, intent, degree of harm to the public and likelihood of future harm to the public, any restitution made by the person, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably proportional to the severity of the violation. The report of the Board's findings of fact, conclusions of law, and recommendations shall be the basis for the Department's decision to refuse to issue, restore, or renew a license, or to take any other disciplinary action. If the Secretary disagrees with the recommendations of the Board, the Secretary may issue an order in contravention of the Board recommendations. The report's findings are not admissible in evidence against the person in a criminal prosecution brought for a violation of this Act, but the hearing and findings are not a bar to a criminal prosecution for the violation of this Act. If the Secretary disagrees in any regard with the report of the Advisory Board, the Secretary may issue an order in contravention of the report. The Secretary shall provide a written report to the Advisory Board on any deviation and shall specify with particularity the reasons for that action in the final order. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/20-55

(225 ILCS 407/20-55) (Section scheduled to be repealed on January 1, 2030) Sec. 20-55. Appointment of a hearing officer. The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee. The hearing officer has full authority to conduct the hearing. Any Board member may attend hearings. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board. The Board shall review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary and to all parties to the proceedings. If the Secretary disagrees with the recommendations of the Board or hearing officer, the Secretary may issue an order in contravention of the Board's recommendations. (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/20-56

(225 ILCS 407/20-56) (Section scheduled to be repealed on January 1, 2030) Sec. 20-56. Board; rehearing. At the conclusion of the hearing, a copy of the Board's report shall be served upon the applicant, licensee, or unlicensed person by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with recommendations of the Board. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee. (Source: P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/20-60

(225 ILCS 407/20-60) (Section scheduled to be repealed on January 1, 2030) Sec. 20-60. Order; certified copy. An order or a certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary or his or her designee, shall be prima facie proof that: (1) the signature is the genuine signature of the Secretary or his or her designee; (2) the Secretary is duly appointed and qualified; and (3) the Advisory Board is duly appointed and qualified. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/20-65

(225 ILCS 407/20-65) (Section scheduled to be repealed on January 1, 2030) Sec. 20-65. Restoration of license. At any time after the suspension, revocation, or probation of any license, the Department may restore the license to the person upon the written recommendation of the Advisory Board, unless after an investigation and a hearing the Advisory Board determines that restoration is not in the public interest. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/20-70 (Repealed)

(225 ILCS 407/20-70) Sec. 20-70. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 101-345, eff. 8-9-19.)

225 ILCS 407/20-75 Administrative Review Law

(225 ILCS 407/20-75) (Section scheduled to be repealed on January 1, 2030) Sec. 20-75. Administrative Review Law. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Cook or Sangamon County. Pending final decision on the review, the acts, orders, sanctions, and rulings of the Department regarding any license shall remain in full force and effect, unless modified or suspended by a court order pending final judicial decision. The Department shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/20-80

(225 ILCS 407/20-80) (Section scheduled to be repealed on January 1, 2030) Sec. 20-80. Summary suspension. The Secretary may temporarily suspend any license pursuant to this Act, without hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Secretary finds that the evidence indicates that the public interest, safety, or welfare requires emergency action. In the event that the Secretary temporarily suspends any license without a hearing, a hearing shall be commenced within 30 calendar days after the suspension has begun. The suspended licensee may seek a continuance of the hearing during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

225 ILCS 407/20-85

(225 ILCS 407/20-85) (Section scheduled to be repealed on January 1, 2030) Sec. 20-85. Action for compensation; allegation and proof of license. No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement, contract, or services for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement or for such services for which a license is required by this Act without alleging and proving that the person had a valid license at the time of making such agreement or doing such work. (Source: P.A. 91-603, eff. 1-1-00.)

225 ILCS 407/20-90 (Repealed)

(225 ILCS 407/20-90) Sec. 20-90. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/20-95

(225 ILCS 407/20-95) (Section scheduled to be repealed on January 1, 2030) Sec. 20-95. Returned checks and dishonored credit card charges; fine. A person who: (i) delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn; or (ii) presents a credit or debit card for payment that is invalid or expired or against which charges by the Department are declined or dishonored, shall pay to the Department, in addition to the amount already owed to the Department, a fee of $50. The Department shall notify the person that the check has been returned and that the person shall pay to the Department by certified check or money order the amount of the returned check plus the $50 fee within 30 calendar days after the date of the notification. If, after the expiration of 30 calendar days of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application without a hearing. If, after termination or denial, the person seeks a license, the applicant or licensee shall petition the Department for restoration or issuance of the license and may be subject to additional discipline or fines. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/20-100 Violations

(225 ILCS 407/20-100) (Section scheduled to be repealed on January 1, 2030) Sec. 20-100. Violations. A person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offense. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/20-105

(225 ILCS 407/20-105) (Section scheduled to be repealed on January 1, 2030) Sec. 20-105. No private right of action. Except as otherwise expressly provided for in this Act, nothing in this Act shall be construed to grant to any person a private right of action to enforce the provisions of this Act or the rules adopted under this Act. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/20-110

(225 ILCS 407/20-110) (Section scheduled to be repealed on January 1, 2030) Sec. 20-110. Cease and desist orders. The Department may issue a cease and desist order to a person who engages in activities prohibited by this Act. Any person in violation of a cease and desist order issued by the Department is subject to all of the penalties provided by law. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/20-115

(225 ILCS 407/20-115) (Section scheduled to be repealed on January 1, 2030) Sec. 20-115. Statute of limitations. No action may be taken under this Act against a person or entity licensed under this Act unless the action is commenced within 5 years after the occurrence of the alleged violation. A continuing violation is deemed to have occurred on the date when the circumstances last existed that gave rise to the alleged continuing violation. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/25-110

(225 ILCS 407/25-110) (Section scheduled to be repealed on January 1, 2030) Sec. 25-110. Licensing of auction schools. (a) Only an auction school licensed by the Department may provide the continuing education courses required for licensure under this Act. (b) An auction school may also provide the course required to obtain the real estate auction certification in Section 5-32 of the Real Estate License Act of 2000. The course shall be approved by the Department upon the recommendation of the Real Estate Administration and Disciplinary Board pursuant to Section 25-10 of the Real Estate License Act of 2000. (c) A person or entity seeking to be licensed as an auction school under this Act shall provide satisfactory evidence of the following: (1) a sound financial base for establishing, promoting, and delivering the necessary courses; (2) a sufficient number of qualified instructors; (3) adequate support personnel to assist with administrative matters and technical assistance; (4) a qualified school administrator who is responsible for the administration of the school, courses, and the actions of the instructors; (5) proof of good standing with the Secretary of State and authority to conduct business in this State; and (6) any other requirements provided by rule. (d) All applicants for an auction school license shall make an initial application to the Department in a manner prescribed by the Department and pay the appropriate fee as provided by rule. In addition to any other information required to be contained in the application as prescribed by rule, every application for an original or renewed license shall include the applicant's Taxpayer Identification Number. The term, expiration date, and renewal of an auction school license shall be established by rule. (e) An auction school shall provide each successful course participant with a certificate of completion signed by the school administrator. The format and content of the certificate shall be specified by rule. (f) All auction schools shall provide the Department a roster of all successful course participants as provided by rule. (Source: P.A. 103-236, eff. 1-1-24; 104-746, eff. 7-31-26; 104-852, eff. 8-21-26.)

225 ILCS 407/25-115

(225 ILCS 407/25-115) (Section scheduled to be repealed on January 1, 2030) Sec. 25-115. Course approval. (a) Only courses that are approved by the Department and offered by licensed auction schools shall be used to meet the requirements of this Act and rules. (b) An auction school licensed under this Act may submit courses to the Department for approval. The criteria, requirements, and fees for courses shall be established by rule. (c) For each course approved, the Department shall issue certification of course approval to the auction school. The term, expiration date, and renewal of a course approval shall be established by rule. (Source: P.A. 103-236, eff. 1-1-24.)

225 ILCS 407/30-5 (Repealed)

(225 ILCS 407/30-5) Sec. 30-5. (Repealed). (Source: P.A. 95-572, Section 5, eff. 6-1-08. Repealed by P.A. 95-572, Section 10, eff. 6-1-08.)

225 ILCS 407/30-7

(225 ILCS 407/30-7) (Section scheduled to be repealed on January 1, 2030) Sec. 30-7. Department; powers and duties. The Department 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 are prescribed by this Act. The Department may contract with third parties for services necessary for the proper administration of this Act. (Source: P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-10 Rules

(225 ILCS 407/30-10) (Section scheduled to be repealed on January 1, 2030) Sec. 30-10. Rules. The Department, 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. 95-572, eff. 6-1-08.)

225 ILCS 407/30-13 The Division of Real Estate General Fund

(225 ILCS 407/30-13) (Section scheduled to be repealed on January 1, 2030) Sec. 30-13. The Division of Real Estate General Fund. Prior to July 1, 2023, all of the fees, fines, and penalties collected under this Act shall be deposited into the General Professions Dedicated Fund. Prior to July 1, 2023, the monies deposited into the General Professions Dedicated Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. Monies in the General Professions Dedicated Fund may be invested and reinvested, with all earnings received from investments to be deposited into that Fund and used for the same purposes as fees deposited in that Fund. Beginning on July 1, 2023, all of the fees, fines, and penalties collected under this Act shall be deposited into the Division of Real Estate General Fund. The monies deposited into the Division of Real Estate General Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. Monies in the Division of Real Estate General Fund may be invested and reinvested, with all earnings received from investments to be deposited into that Fund and used for the same purposes as fees deposited in that Fund. (Source: P.A. 102-970, eff. 5-27-22.)

225 ILCS 407/30-15 (Repealed)

(225 ILCS 407/30-15) Sec. 30-15. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-20 (Repealed)

(225 ILCS 407/30-20) Sec. 30-20. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-25 (Repealed)

(225 ILCS 407/30-25) Sec. 30-25. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-30 Auction Advisory Board

(225 ILCS 407/30-30) (Section scheduled to be repealed on January 1, 2030) 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 Secretary. In making the appointments, the Secretary shall give due consideration to the recommendations by members and organizations of the industry, including, but not limited to, the Illinois State Auctioneers Association. Five members of the Advisory Board shall be licensed auctioneers. 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. One member shall be actively engaged in the real estate industry and licensed as a broker or managing broker. The Advisory Board shall annually elect, at its first meeting of the fiscal year, one of its members to serve as Chairperson. (b) The members' terms shall be for 4 years and until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years. Appointments to fill vacancies shall be made by the Secretary for the unexpired portion of the term. To the extent practicable, the Secretary shall appoint members to ensure that the various geographic regions of the State are properly represented on the Advisory Board. The Secretary shall remove from the Board any member whose license has been revoked or suspended and may remove any member of the Board for neglect of duty, misconduct, incompetence, or for missing 2 board meetings during any one fiscal year. (c) Four Board members shall constitute a quorum. A quorum is required for all Board decisions. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board. (d) Each member of the Advisory Board may receive a per diem stipend in an amount to be determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary expenses. (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 as convened by the Department. (g) The Advisory Board shall advise the Department on matters of licensing and education and make recommendations to the Department on those matters and shall hear and make recommendations to the Secretary on disciplinary matters that require a formal evidentiary hearing. (h) The Secretary shall give due consideration to all recommendations of the Advisory Board. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

225 ILCS 407/30-35 (Repealed)

(225 ILCS 407/30-35) Sec. 30-35. (Repealed). (Source: P.A. 91-603, eff. 1-1-00. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-40 (Repealed)

(225 ILCS 407/30-40) Sec. 30-40. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-45 (Repealed)

(225 ILCS 407/30-45) Sec. 30-45. (Repealed). (Source: P.A. 95-572, eff. 6-1-08. Repealed by P.A. 96-730, eff. 8-25-09.)

225 ILCS 407/30-50

(225 ILCS 407/30-50) (Section scheduled to be repealed on January 1, 2030) Sec. 30-50. Contractual agreements. The Department may enter into contractual agreements with third parties to carry out the provisions of this Act. (Source: P.A. 95-572, eff. 6-1-08.)

225 ILCS 407/30-55

(225 ILCS 407/30-55) (Section scheduled to be repealed on January 1, 2030) Sec. 30-55. Reciprocal agreements. The Department 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. 95-572, eff. 6-1-08.)