Article 25 - Administrative Provisions - Illinois Statutes

      (225 ILCS 441/Art. 25 heading)ARTICLE 25. ADMINISTRATIVE PROVISIONS

    (225 ILCS 441/25‑5)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 25‑5. Home Inspector Administration Fund; surcharge.
    (a) The Home Inspector Administration Fund is created as a special fund in the State Treasury. All fees, fines, and penalties received by OBRE under this Act shall be deposited into the Home Inspector Administration Fund. All earnings attributable to investment of funds in the Home Inspector Administration Fund shall be credited to the Home Inspector Administration Fund. Subject to appropriation, the moneys in the Home Inspector Administration Fund shall be appropriated to OBRE for the expenses incurred by OBRE and the Board in the administration of this Act.
    (b) The State Comptroller and State Treasurer shall transfer $150,000 from the Real Estate License Administration Fund to the Home Inspector Administration Fund on July 1, 2002.
    The State Treasurer shall transfer $50,000 from the Home Inspector Administration Fund to the Real Estate License Administration Fund on July 1, 2003, July 1, 2004, and July 1, 2005; except that if there is a sufficient fund balance in the Home Inspector Administration Fund, the Commissioner may recommend the acceleration of any of these repayment transfers to the State Comptroller and State Treasurer, who may, in their discretion, accelerate the transfers in accordance with the Commissioner's recommendation.
    (c) Until a total of $150,000 has been transferred to the Real Estate License Administration Fund from the Home Inspector Administration Fund under subsection (b), each initial applicant for a license under this Act shall pay to OBRE a surcharge of $150 in addition to the license fees otherwise required under this Act.
    (c‑5) Moneys in the Home Inspection Administration Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105‑300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
    (d) Upon the completion of any audit of OBRE, as prescribed by the Illinois State Auditing Act, that includes an audit of the Home Inspector Administration Fund, OBRE shall make the audit report open to inspection by any interested person.
(Source: P.A. 94‑91, eff. 7‑1‑05.)

(225 ILCS 441/25‑10)     (Section scheduled to be repealed on January 1, 2012)     Sec. 25‑10. Home Inspector Advisory Board.     (a) There is hereby created the Home Inspector Advisory Board. The Board shall be composed of 7 voting members appointed by the Commissioner, plus the liaison under Section 25‑15, who shall serve ex officio and without vote. Members shall be appointed to the Board subject to the following conditions:         (1) All appointed members shall have been residents

and citizens of this State for at least 5 years prior to the date of appointment.

(2) The appointed membership of the Board should

reasonably reflect the geographic distribution of the population of the State.

(3) Five appointed members shall be actively engaged

and currently licensed as home inspectors, except that the initial appointees may be persons without a license who have been actively engaged as home inspectors for a period of 5 years immediately before the effective date of this Act. Failure of an initial appointee under this item (3) to obtain a license by January 1, 2003 shall constitute resignation from the Board.

(4) One appointed member shall hold a valid license

as a real estate broker and shall have been actively engaged as a real estate broker for a period of not less than 5 years.

(5) One appointed member shall represent the

interests of the general public. This member and the member's spouse shall not be licensed under this Act, nor be employed by nor have any interest in a home inspection business or a real estate brokerage business.

In making appointments to the Board, the Commissioner shall give due consideration to recommendations by members and organizations representing the home inspection and real estate industries.     (b) The term for members of the Board shall be 4 years, except for the initial appointees. Of the initial appointees, 4 members shall be appointed for terms ending January 1, 2007 and 3 members shall be appointed for terms ending January 1, 2006. No member shall serve more than 10 years in a lifetime.     (c) The Commissioner may terminate the appointment of any member for cause that, in the opinion of the Commissioner, reasonably justifies the termination. Cause for termination may include, without limitation, misconduct, incapacity, neglect of duty, or missing 4 Board meetings during any one calendar year.     (d) A majority of the voting members currently appointed shall constitute a quorum. 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.     (e) The Board shall meet at least quarterly and may be convened by the Chairperson or 3 members of the Board upon 10 days' written notice.     (g) The liaison appointed pursuant to Section 25‑15 of this Act shall serve, ex officio, as Chairperson of the Board, without vote.     (h) The Board shall advise OBRE on matters of licensing and education and shall make recommendations to OBRE on those matters. OBRE shall give due consideration to all recommendations presented by the Board.     (i) The Board shall hear and make recommendations to the Commissioner on disciplinary matters that require a formal evidentiary hearing. The Commissioner shall give due consideration to the recommendations of the Board involving discipline and questions about the standards of professional conduct of licensees.     (j) The Board may make recommendations to OBRE concerning the consistency of the rules with the provisions of this Act and the administration and enforcement of the rules. OBRE shall give due consideration to the recommendations of the Board prior to promulgating rules.     (k) The Board shall make recommendations to OBRE on the approval of courses submitted to OBRE pursuant to this Act and rules. OBRE shall give due consideration to the recommendations of the Board prior to approving courses.     (l) Each voting member of the Board shall receive a per diem stipend in an amount to be determined by the Commissioner. Each voting member shall be paid his or her necessary expenses while engaged in the performance of his or her duties.     (m) Members of the 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 Board. (Source: P.A. 92‑239, eff. 8‑3‑01.)

(225 ILCS 441/25‑15)     (Section scheduled to be repealed on January 1, 2012)     Sec. 25‑15. Liaison; duties. The Commissioner shall appoint an employee of OBRE to:         (1) serve as a liaison to and as Chairperson of the

Home Inspector Advisory Board, without vote;

(2) be the direct liaison between OBRE, the

profession, home inspectors, and related industry organizations and associations; and

(3) prepare and circulate to licensees such

educational and informational material as OBRE deems necessary for providing guidance or assistance to licensees.

(Source: P.A. 92‑239, eff. 8‑3‑01.)

(225 ILCS 441/25‑20)     (Section scheduled to be repealed on January 1, 2012)     Sec. 25‑20. OBRE; powers and duties. The Office of Banks and Real Estate 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 for the administration of this Act. OBRE may contract with third parties for services necessary for the proper administration of this Act, including, without limitation, investigators with the proper knowledge, training, and skills to properly investigate complaints against home inspectors. (Source: P.A. 92‑239, eff. 8‑3‑01.)

(225 ILCS 441/25‑25)     (Section scheduled to be repealed on January 1, 2012)     Sec. 25‑25. Rules. OBRE, after considering any recommendations of the Board, shall adopt any rules that may be necessary for the administration, implementation, and enforcement of this Act. (Source: P.A. 92‑239, eff. 8‑3‑01.)

(225 ILCS 441/25‑30)     (Section scheduled to be repealed on January 1, 2012)     Sec. 25‑30. Exclusive State powers and functions; municipal powers. It is declared to be the public policy of this State, pursuant to paragraph (h) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power and function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units. (Source: P.A. 92‑239, eff. 8‑3‑01.)