What article of the Illinois Real Estate License Act lists specific violations for which licensees may be subject to discipline?

      [225 ILCS 454/Art. 20 heading]
ARTICLE 20. DISCIPLINARY PROVISIONS

    [225 ILCS 454/20‑5]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑5. Index of decisions. OBRE shall maintain an index of formal decisions regarding the issuance, refusal to issue, renewal, refusal to renew, revocation, and suspension of licenses and probationary or other disciplinary action taken under this Act on or after December 31, 1999. The decisions shall be indexed according to the Sections of statutes and the administrative rules, if any, that are the basis for the decision. The index shall be available to the public during regular business hours.
[Source: P.A. 91‑245, eff. 12‑31‑99.]

    [225 ILCS 454/20‑10]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑10. Unlicensed practice; civil penalty.
    [a] Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a real estate broker, real estate salesperson, or leasing agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil fine to OBRE in an amount not to exceed $25,000 for each offense as determined by OBRE. The civil fine shall be assessed by OBRE after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a license.
    [b] OBRE has the authority and power to investigate any and all unlicensed activity.
    [c] The civil fine shall be paid within 60 days after the effective date of the order imposing the civil fine. The order shall constitute a judgement and may be filed and execution had thereon in the same manner from any court of record.
[Source: P.A. 91‑245, eff. 12‑31‑99.]

    [225 ILCS 454/20‑15]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑15. 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. 91‑245, eff. 12‑31‑99.]

    [225 ILCS 454/20‑20]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑20. Disciplinary actions; causes. OBRE may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, or may censure, reprimand, or otherwise discipline or impose a civil fine not to exceed $25,000 upon any licensee hereunder for any one or any combination of the following causes:
    [a] When the applicant or licensee has, by false or fraudulent representation, obtained or sought to obtain a license.
    [b] When the applicant or licensee has been convicted of any crime, an essential element of which is dishonesty or fraud or larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game, has been convicted in this or another state of a crime that is a felony under the laws of this State, or has been convicted of a felony in a federal court.
    [c] When the applicant or licensee has been 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.
    [d] When the licensee performs or attempts to perform any act as a broker or salesperson in a retail sales establishment from an office, desk, or space that is not separated from the main retail business by a separate and distinct area within the establishment.
    [e] Discipline of a licensee by another state, the District of Columbia, a territory, 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 the equivalent of one of the grounds for discipline set forth in this Act, in which case the only issue will be whether one of the grounds for that discipline is the same or equivalent to one of the grounds for discipline under this Act.
    [f] When the applicant or licensee has engaged in real estate activity without a license or after the licensee's license was expired or while the license was inoperative.
    [g] When the applicant or licensee attempts to subvert or cheat on the Real Estate License Exam or continuing education exam or aids and abets an applicant to subvert or cheat on the Real Estate License Exam or continuing education exam administered pursuant to this Act.
    [h] When the licensee in performing, attempting to perform, or pretending to perform any act as a broker, salesperson, or leasing agent or when the licensee in handling his or her own property, whether held by deed, option, or otherwise, is found guilty of:
        [1] Making any substantial misrepresentation or

        [2] Making any false promises of a character likely

        [3] Pursuing a continued and flagrant course of

        [4] Any misleading or untruthful advertising, or

        [5] Acting for more than one party in a transaction

        [6] Representing or attempting to represent a broker

        [7] Failure to account for or to remit any moneys or

        [8] Failure to maintain and deposit in a special

        [9] Failure to make available to the real estate

        [10] Failing to furnish copies upon request of all

        [11] Failure of a sponsoring broker to timely

        [12] Engaging in dishonorable, unethical, or

        [13] Commingling the money or property of others

        [14] Employing any person on a purely temporary or

        [15] Permitting the use of his or her license as a

        [16] Any other conduct, whether of the same or a

        [17] Displaying a "for rent" or "for sale" sign on

        [18] Failing to provide information requested by

        [19] Advertising by means of a blind advertisement,

        [20] Offering guaranteed sales plans, as defined in

            [A] A "guaranteed sales plan" is any real estate

            [B] A licensee offering a guaranteed sales plan

            [C] A licensee offering a guaranteed sales plan

            [D] Any licensee offering a guaranteed sales

            [E] Any licensee who fails to perform on a

        [21] Influencing or attempting to influence, by any

        [22] Engaging in any act that constitutes a

        [23] Inducing any party to a contract of sale or

        [24] Negotiating a sale, exchange, or lease of real

        [25] When a licensee is also an attorney, acting as

        [26] Advertising or offering merchandise or services

        [27] Disregarding or violating any provision of the

        [28] Violating the terms of a disciplinary order

        [29] Paying compensation in violation of Article 10

        [30] Requiring a party to a transaction who is not a

        [31] Disregarding or violating any provision of this

        [32] Failing to provide the minimum services required

[Source: P.A. 93‑957, eff. 8‑19‑04.]

    [225 ILCS 454/20‑60]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑60. Hearing; investigation; notice; disciplinary consent order.
    [a] OBRE may conduct hearings through the Board or a duly appointed hearing officer on proceedings to suspend, revoke, or to refuse to issue or renew licenses of persons applying for licensure or licensed under this Act or to censure, reprimand, or impose a civil fine not to exceed $25,000 upon any licensee hereunder and may revoke, suspend, or refuse to issue or renew these licenses or censure, reprimand, or impose a civil fine not to exceed $25,000 upon any licensee hereunder.
    [b] Upon the motion of either OBRE or the Board or upon the verified complaint in writing of any persons setting forth facts that if proven would constitute grounds for suspension or revocation under this Act, OBRE, the Board, or its subcommittee shall cause to be investigated the actions of any person so accused who holds a license or is holding himself or herself out to be a licensee. This person is hereinafter called the accused.
    [c] Prior to initiating any formal disciplinary proceedings resulting from an investigation conducted pursuant to subsection [b] of this Section, that matter shall be reviewed by a subcommittee of the Board according to procedures established by rule. The subcommittee shall make a recommendation to the full Board as to the validity of the complaint and may recommend that the Board not proceed with formal disciplinary proceedings if the complaint is determined to be frivolous or without merit.
    [d] Except as provided for in Section 20‑65 of this Act, OBRE shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as OBRE may deem proper with regard to any license:
        [1] notify the accused in writing at least 30 days

        [2] inform the accused that upon failure to file an

    In case the person fails to file an answer after receiving notice, his or her license may, in the discretion of OBRE, be suspended, revoked, or placed on probationary status, or OBRE may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
    [e] At the time and place fixed in the notice, the Board shall proceed to hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto. The Board or its hearing officer may continue a hearing date upon its own motion or upon an accused's motion for one period not to exceed 30 days. 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 moving party. The non‑moving party shall have the opportunity to object to a continuance on the record at a hearing upon the motion to continue. All motions for continuances and any denial or grant thereof shall be in writing. All motions shall be submitted not later than 48 hours before the scheduled hearing unless made upon an emergency basis. In determining whether good cause for a continuance is shown, the Board or its hearing officer shall 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 party's legal representative or witnesses, and the number of previous requests for continuance.
    [f] Any unlawful act or violation of any of the provisions of this Act upon the part of any licensees employed by a real estate broker or associated by written agreement with the real estate broker, or unlicensed employee of a licensed broker, shall not be cause for the revocation of the license of any such broker, partial or otherwise, unless it appears to the satisfaction of OBRE that the broker had knowledge thereof.
    [g] OBRE or the Board has power to subpoena any persons or documents for the purpose of investigation or hearing with the same fees and mileage and in the same manner as prescribed by law for judicial procedure in civil cases in courts of this State. The Commissioner, the Director, any member of the Board, a certified court reporter, or a hearing officer shall each have power to administer oaths to witnesses at any hearing which OBRE is authorized under this Act to conduct.
    [h] Any circuit court or any judge thereof, upon the application of the accused person, complainant, OBRE, or the Board, may, by order entered, require the attendance of witnesses and the production of relevant books and papers before the Board in any hearing relative to the application for or refusal, recall, suspension, or revocation of a license, and the court or judge may compel obedience to the court's or the judge's order by proceedings for contempt.
    [i] OBRE, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or the revocation, suspension, or other discipline of a licensee. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the orders of OBRE shall be the record of the proceeding. At all hearings or pre‑hearing conferences, OBRE and the accused shall be entitled to have a court reporter in attendance for purposes of transcribing the proceeding or pre‑hearing conference at the expense of the party requesting the court reporter's attendance. A copy of the transcribed proceeding shall be available to the other party for the cost of a copy of the transcript.
    [j] The Board shall present to the Commissioner its written report of its findings and recommendations. A copy of the report shall be served upon the accused, either personally or by certified mail as provided in this Act for the service of the citation. Within 20 days after the service, the accused may present to the Commissioner a motion in writing for a rehearing that shall specify the particular grounds therefor. If the accused shall order and pay for a transcript of the record as provided in this Act, the time elapsing thereafter and before the transcript is ready for delivery to the accused shall not be counted as part of 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 all instances, under this Act, in which the Board has rendered a recommendation to the Commissioner with respect to a particular licensee or applicant, the Commissioner shall, in the event that he or she disagrees with or takes action contrary to the recommendation of the Board, file with the Board and the Secretary of State his specific written reasons of disagreement with the Board. The reasons shall be filed within 60 days of the Board's recommendation to the Commissioner and prior to any contrary action. At the expiration of the time specified for filing a motion for a rehearing, the Commissioner shall have the right to take the action recommended by the Board. Upon the suspension or revocation of a license, the licensee shall be required to surrender his or her license to OBRE, and upon failure or refusal to do so, OBRE shall have the right to seize the license.
    [k] At any time after the suspension, temporary suspension, or revocation of any license, OBRE may restore it to the accused without examination, upon the written recommendation of the Board.
    [l] An order of revocation or suspension or a certified copy thereof, over the seal of OBRE and purporting to be signed by the Commissioner, shall be prima facie proof that:
        [1] The signature is the genuine signature of the

        [2] The Commissioner is duly appointed and qualified.
        [3] The Board and the members thereof are qualified.
Such proof may be rebutted.
    [m] Notwithstanding any provisions concerning the conduct of hearings and recommendations for disciplinary actions, OBRE as directed by the Commissioner has the authority to negotiate agreements with licensees and applicants resulting in disciplinary consent orders. These consent orders may provide for any of the forms of discipline provided in this Act. These consent orders shall provide that they were not entered into as a result of any coercion by OBRE. Any such consent order shall be filed with the Commissioner along with the Board's recommendation and accepted or rejected by the Commissioner within 60 days of the Board's recommendation.
[Source: P.A. 91‑245, eff. 12‑31‑99; 92‑217, eff. 8‑2‑01.]

    [225 ILCS 454/20‑90]
    [Section scheduled to be repealed on January 1, 2010]
    Sec. 20‑90. Collection from Real Estate Recovery Fund; procedure.
    [a] No action for a judgment that subsequently results in an order for collection from the Real Estate Recovery Fund shall be started later than 2 years after the date on which the aggrieved person knew, or through the use of reasonable diligence should have known, of the acts or omissions giving rise to a right of recovery from the Real Estate Recovery Fund.
    [b] When any aggrieved person commences action for a judgment that may result in collection from the Real Estate Recovery Fund, the aggrieved person must name as parties defendant to that action any and all individual real estate brokers, real estate salespersons, or their employees who allegedly committed or are responsible for acts or omissions giving rise to a right of recovery from the Real Estate Recovery Fund. Failure to name as parties defendant such individual brokers, salespersons, or their employees shall preclude recovery from the Real Estate Recovery Fund of any portion of any judgment received in such an action. The aggrieved party may also name as additional parties defendant any corporations, limited liability companies, partnerships, registered limited liability partnership, or other business associations that may be responsible for acts giving rise to a right of recovery from the Real Estate Recovery Fund.
    [c] When any aggrieved person commences action for a judgment that may result in collection from the Real Estate Recovery Fund, the aggrieved person must notify OBRE in writing to this effect within 7 days of the commencement of the action. Failure to so notify OBRE shall preclude recovery from the Real Estate Recovery Fund of any portion of any judgment received in such an action. After receiving notice of the commencement of such an action, OBRE upon timely application shall be permitted to intervene as a party defendant to that action.
    [d] When any aggrieved person commences action for a judgment that may result in collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal and proper service upon the defendant under the provisions of Illinois law concerning service of process in civil actions, the aggrieved person may petition the court where the action to obtain judgment was begun for an order to allow service of legal process on the Commissioner. Service of process on the Commissioner shall be taken and held in that court to be as valid and binding as if due service had been made upon the defendant. In case any process mentioned in this Section is served upon the Commissioner, the Commissioner shall forward a copy of the process by certified mail to the licensee's last address on record with OBRE. Any judgment obtained after service of process on the Commissioner under this Act shall apply to and be enforceable against the Real Estate Recovery Fund only. OBRE may intervene in and defend any such action.
    [e] When an aggrieved party commences action for a judgment that may result in collection from the Real Estate Recovery Fund, and the court before which that action is commenced enters judgment by default against the defendant and in favor of the aggrieved party, the court shall upon motion of OBRE set aside that judgment by default. After such a judgment by default has been set aside, OBRE shall appear as party defendant to that action, and thereafter the court shall require proof of the allegations in the pleadings upon which relief is sought.
    [f] The aggrieved person shall give written notice to OBRE within 30 days of the entry of any judgment that may result in collection from the Real Estate Recovery Fund. The aggrieved person shall provide OBRE within 20 days prior written notice of all supplementary proceedings so as to allow OBRE to participate in all efforts to collect on the judgment.
    [g] When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee or an unlicensed employee of any broker, upon the grounds of fraud, misrepresentation, discrimination, or deceit, the aggrieved person may, upon the termination of all proceedings, including review and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon 30 days' written notice to OBRE, and to the person against whom the judgment was obtained, may apply to the court for an order directing payment out of the Real Estate Recovery Fund of the amount unpaid upon the judgment, not including interest on the judgment, and subject to the limitations stated in Section 20‑85 of this Act. The aggrieved person must set out in that verified claim and at an evidentiary hearing to be held by the court upon the application the aggrieved party shall be required to show that the aggrieved person:
        [1] Is not a spouse of the debtor or the personal

        [2] Has complied with all the requirements of this

        [3] Has obtained a judgment stating the amount

        [4] Has made all reasonable searches and inquiries

        [5] By such search has discovered no personal or

        [6] Has diligently pursued all remedies against all

    The aggrieved person shall also be required to prove the amount of attorney's fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 20‑85 of this Act.
    [h] The court shall make an order directed to OBRE requiring payment from the Real Estate Recovery Fund of whatever sum it finds to be payable upon the claim, pursuant to and in accordance with the limitations contained in Section 20‑85 of this Act, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person under subsection [g] of this Section and that the aggrieved person has fully pursued and exhausted all remedies available for recovering the amount awarded by the judgment of the court.
    [i] Should OBRE pay from the Real Estate Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker or salesperson or an unlicensed employee of a broker, the licensee's license shall be automatically terminated upon the issuance of a court order authorizing payment from the Real Estate Recovery Fund. No petition for restoration of a license shall be heard until repayment has been made in full, plus interest at the rate prescribed in Section 12‑109 of the Code of Civil Procedure of the amount paid from the Real Estate Recovery Fund on their account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection [i].
    [j] If, at any time, the money deposited in the Real Estate Recovery Fund is insufficient to satisfy any duly authorized claim or portion thereof, OBRE shall, when sufficient money has been deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate prescribed in Section 12‑109 of the Code of Civil Procedure.
[Source: P.A. 91‑245, eff. 12‑31‑99.]

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