Chapter 16 - Illinois License Law - Exercise 10

Gap-fill exercise

Fill in all the gaps, then press "Check" to check your answers. Use the "Hint" button to get a free letter if an answer is giving you trouble. You can also click on the "[?]" button to get a clue. Note that you will lose points if you ask for hints or clues! The box below includes a word list for this exercise. Words may be used more than once.
   20      25,000      5      suspend   

Hearings, Investigations and Notice, Statute of Limitations

No action against a licensee can be taken by the DFPR for violations of the terms of the act or rules promulgated pursuant to the act unless the action is commenced within years after the occurrence of the alleged violation.

The DFPR conducts hearings through the disciplinary board or a duly appointed hearing officer on proceedings to suspend, revoke, or to refuse to issue or renew licenses. The board may impose a civil fine up to $. The board may refuse to issue or renew a license, place on probation, suspension, censure, reprimand, fine, or revoke a license. The board may restrict a licensee's access to escrow funds, require successful completion of approved real estate courses including continuing education, and require the licensee to make reports, records or documents to the DFPR regarding their real estate activity.

Complaints may come by the motion of either the DFPR, the board or a written complaint submitted by the public. The public originates the majority of complaints. When a complaint is first made, prior to any formal disciplinary procedures, a subcommittee of the board, referred to as the Real Estate Case File Review Committee, will review the complaint. The committee will make a recommendation to the board as to the validity of the complaint and may recommend that the board not proceed with formal disciplinary proceedings if the complaint is without merit or is determined to be frivolous. If the complaint provides facts, that if found to be true, would constitute grounds for discipline, the committee, will order an investigation of the licensee or the person holding himself out to be a licensee.

The accused may avoid a disciplinary hearing before the board by entering into a disciplinary consent order with the DFPR. An informal hearing will be held where the accused will be able to admit guilt and come to a negotiated disciplinary settlement with the DFPR. These informal hearings are usually attended by one or two members of the disciplinary board, the board's attorney and the investigator. The accused may be represented by counsel. Any consent order must be filed with the commissioner along with the board's recommendation and then must be accepted or rejected within 60 days by the commissioner.

The commissioner may temporarily the license of a licensee without a hearing, simultaneously with the institution of proceedings for a hearing if the commissioner finds that evidence indicates that the public interest, safety, or welfare requires emergency action. If the commissioner temporarily suspends the license without a hearing before the board, a hearing must be held within 30 days after the suspension has occurred. The suspended licensee may seek a continuance of the hearing, but the suspension remains in effect.

Except in the kinds of cases just stated, the DFPR before suspending, revoking, placing on probationary status, or taking any other disciplinary action will notify the accused in writing at least 30 days prior to the date set for the hearing of any charges made and the time and place for the hearing of the charges. The DFPR must also inform the accused that upon failure to provide an answer and request a hearing before the date originally set for the hearing, the accused's license will be suspended, revoked, placed on probationary status, or other disciplinary action, including limiting the scope, nature, or extent of the accused's practice.

At the time and place fixed in the notice, the board will proceed to hear the charges and both the accused person an the complainant will be accorded ample opportunity to present in person or by counsel such statements, testimony evidence and argument pertinent to the prosecution or defense of the charges. The board or the hearing officer may continue a hearing date upon its own motion or upon an accused's motion for one 30 day period. The board or its hearing officer may grant further continuances for periods not to exceed 30 days only upon good cause being shown by the party making the motion. The nonmoving party will have an opportunity to object to a continuance at a hearing upon the motion to continue. All motions for continuances must be made in writing and submitted at least 48 hours before the scheduled hearing, unless made on an emergency basis. Any grant or denial of motion must be made in writing. In determining good cause, the board or its hearing officer will consider such factors as the volume of cases pending, the nature and complexity of legal issues raised, the diligence of the party making the request, the availability of the party's legal representative or witnesses, and the number of requests for previous continuances.

A broker associated with the accused licensee by written agreement or an unlicensed employee of the broker will not be disciplined if it appears to the satisfaction of the DFPR that the broker was unaware of the infractions that took place.

The DFPR or the board has power to subpoena any persons or documents for the purpose of investigation or hearing. The DFPR will pay the same fees and mileage and in the same manner as prescribed by law for judicial procedure in civil cases in Illinois courts. At the hearing, the commissioner, the director, any member of the board, a certified court reporter, or a hearing officer has the power to administer oaths to witnesses at any hearing which DFPR is authorized to conduct.

Any circuit court judge, upon application of the accused person, complainant, DFPR, or the board may, by the order entered, require the attendance of witnesses and the production of relevant books and papers before the board. The judge may compel obedience to the order by proceedings for contempt.

The DFPR, at its' own expense must preserve a record of all proceedings at a formal disciplinary hearing. This would include all notices, complaints, pleadings, motions, transcript of testimony, the report of the board, and the orders of the DFPR. At all hearings or pre-hearing conferences, the DFPR and the accused will be entitled to have a court reporter in attendance. The expense of the court reporter is borne by the party requesting one. A copy of the transcribed proceeding is available to the other party at the cost of a copy of the transcript.

When the hearing has been concluded, the board presents a written report of its findings and recommendations to the commissioner. A copy of the report is served upon the accused either personally or by certified mail. Within days after the service, the accused may present to the commissioner a written motion for a rehearing specifying the particular grounds for the rehearing. If the accused orders and pays for a transcript of the record, the time waiting for delivery of the transcript will not be counted in the 20 days.

Whenever the commissioner is satisfied that substantial justice has not been done, the commissioner may order a rehearing by the board or other special committee appointed by the commissioner or may remand the matter to the board for their reconsideration of the matter based on the pleadings and evidence presented to the board.

In cases where the commissioner disagrees with the board and rejects the board's recommendations, the commissioner has 60 days to file with the board and with the Illinois Secretary of State, specific written reasons of disagreement

After the expiration of the time period to appeal, the commissioner has the power to take the action recommended by the board. Upon the suspension or revocation of license, the licensee is required to surrender his license to the DFPR. In the event the licensee does not surrender the license, the DFPR has the right to seize the license.

At anytime after the suspension or revocation of any license and with the written recommendation of the board, the DFPR may restore the license without the licensee being required to complete the state real estate licensing examination.

At least every other month, the DFPR must prepare a summary of disciplinary actions taken since the previous summary report. The summary report contains a brief description of the action and the final disciplinary action that was taken. Summary reports are available upon request and can be found in the DFPR newsletter and on the DFPR web site.

All the final administrative decisions of the DFPR are subject to judicial review pursuant to the provisions of the Administrative Review Law. The DFPR will not be required to certify any record or file any answer or otherwise appear unless the party filing the complaint pays to the DFPR a certification fee. Failure on the part of the plaintiff to pay the fee constitute grounds for dismissal of the action.