Legal Services for Professional Licenses ⋆ IDFPR Lawyers in Chicago and Springfield
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Other Licenses

James B. Goldberg & Associates is committed to providing expert advice to licensees in many fields. Choose your profession below to view information specific to your professional license.

Appraisers

Most Common Disciplinary Issues Concerning Appraisers (see 68 adm. code section 1455.310 for further details).

  1. Aiding another to violate the Act.
  2. Failing to follow the terms of a consent order
  3. Facilitating another in using false credentials in preparing an appraisal report
  4. Delivering an appraisal report without intending to deliver true copy to all users
  5. Falsifying continuing education or no-completion
  6. Failure of supervisor to sign trainee logs
  7. Failure to use due care to prevent unauthorized digital signature
  8. failure to complete National USPAP course by July 1, 2012
  9. Denying employee or contracted appraiser access to workfile without good cause
  10. Failing to provide a completed report for agreed upon compensation
  11. Transmitting an unsigned assignment result to a client
  12. Criminal background
  13. Incorrect information on Appraisal
  14. Falsifying documents

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Real Estate Licensees

Common Disciplinary Rules to Consider for Real Estate Licensees 225 ILCS 454/20-10 unlicensed practice

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 penalty to the Department in an amount not to exceed $25,000.00 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in the Act regarding the provision of a hearing for the discipline of a license.

b) The Department has the authority and power to investigate any and all unlicensed activity.

c) The civil penalty shall be paid within 60 days after the effective date of the Order imposing civil penalty. The Order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court record.

Most Common Real Estate Issues at IDFPR (See 68 adm. code section 1455.310 for further details)

  1. Failing to act in best interest of client
  2. Misleading market value of property to client
  3. Failing to advertise property as obligated to listing agreement.
  4. Misrepresenting the condition of property
  5. Purchasing or transferring property through intermediary in order to conceal
  6. Inducing a seller to list through misrepresentation
  7. Inducing a seller to transfer property through false representations
  8. Taking unfair advantage of a client’s age, disability or lack of English
  9. Engaging of Lewd behavior
  10. Representing oneself as managing broker without supervision.
  11. Failing to safeguard confidential information
  12. misleading or false advertising
  13. Criminal Background

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PERC (Permanent Employee Registration Card)

Section 1240.525 Refusal based on criminal history

a) For purposes of this section, criminal history record information is defined as information collected by criminal justice agencies (defined in 20 ILCS 2630) on individuals consisting of identifiable descriptions and notations of arrests, detention, indictments, information, or other formal criminal charges, and any disposition arising from those charges, sentencing, correctional supervision and release. The individual records must contain both information sufficient to identify the subject of the record and notations regarding any formal criminal justice transaction involving the identified individual.

b) In determining whether an applicant for a “perc” or firearm control card is unfit for such registration because of criminal history record information, IDFPR shall consider the following:

  1. Whether the crime was one of armed violence or any two or more repeated acts of violence towards persons or property. (720 ILCS 5/Art. 33A) or:
    • Crimes involving dishonesty, false statement or some other element of deceit, untruthfulness or falsification (including but not limited to perjury, inducement of perjury, false statement, criminal fraud, embezzlement, false pretense, forgery, counterfeiting and theft).
    • Drug offenses including, but not limited to, the Illinois Controlled Substance Act [720/Art.I] and Federal Drug Enforcement Laws (21 USC 801 et seq.).
    • Sex offenses, including but not limited to, all crimes listed in Article II of the Criminal Code of 1961 [720 ILCS 5/Art.II].
  2. Whether the crime is related to the detective, security, alarm or locksmith profession.
  3. Whether more the 10 years have elapsed since the date of completion of imposed sentence.
  4. Whether the conviction was from a city ordinance violation or conviction for which a jail sentence was not imposed
  5. Whether the applicant has been sufficiently rehabilitated to warrant
    • Completion of probation;
    • Completion of parole supervision; or
    • If no parole was granted, a period of 10 years has elapsed after final discharge or release from any term of imprisonment without subsequent conviction

c) If any one of the following factors exists, this outweighs the presumption of rehabilitation as defined in subsection (b) (5):

  1. Lack of compliance with terms of punishment;
  2. Unwillingness to undergo, or lack of cooperation in , medical or psychiatric treatment/counseling
  3. Falsification of an application for registration with the Division;
  4. Failure to furnish to the Division additional information or failure to appear for a conference with the Division

d) The following criminal history records shall not be considered in connection with an application for registration:

  1. Juvenile adjudications
  2. Records of arrests not followed by a conviction;
  3. Convictions overturned
  4. Convictions expunged

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Architects

Section 1150.90 Standards of Professional Conduct

In order to safeguard life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity in the practice of architecture, the following Standards of Professional Conduct shall be binding on every person applying for or holding a license as an architect and on all partnerships and corporations authorized to practice architecture in this State.

(Source: Amended at 33 Ill. Reg. 11477, effective July 22, 2009) Back to top ↑

Roofers

Section 1460.10 Application for a Roofing License

(Source: Amended at 27 Ill. Reg. 14347, effective August 25, 2003) Back to top ↑

Cemetery Oversight

Section 1249.330 Professional Standards

a) “Dishonorable, unethical or unprofessional conduct”, as used in Section 25-10(a)(9) of the Act, is defined as follows:

  1. In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Division shall consider whether the questioned activities:
    • Violate ethical standards of the profession, including the standards set by Section 10-23 of the Act and Section 1249.330;
    • Caused actual harm to any consumer or member of the public; or
    • Are reasonably likely to cause harm to any consumer or member of the public in the future.
  2. Dishonorable, unethical or unprofessional conduct includes, but is not limited to:
    • Disclosing financial or other confidential information regarding the deceased or the person providing for the burial;
    • Discrimination based on race, color, sex, sexual orientation, age, religion, national origin or other characteristics protected by applicable laws. A religious cemetery may restrict its services to those of the same religious faith;
    • Intentionally or recklessly not providing adequate protection in upholding the sanctity of handling and disposition of human remains;
    • Intentionally or recklessly misrepresenting any laws concerning burial or funeral regulations; and
    • Defrauding or deceiving the consumer by misrepresenting goods or services sold.

b) “Professional incompetence”, as used in Section 25-10(a)(5) of the Act, is defined as follows:

  1. In determining what constitutes professional incompetence, the Division shall consider whether the questioned activities:
    • Violate standards of the profession or rules, regulations or laws governing the cemetery or profession;
    • Caused actual harm to any consumer or member of the public; or
    • Are reasonably likely to cause harm to any consumer or member of the public in the future.
  2. Professional incompetence includes, but is not limited to:
    • Negligent failure to keep accurate and complete records, including failure to include all prices of goods/services in the contract or failure to give a receipt for full or partial payment;
    • Negligently misrepresenting rules, regulations or laws governing the cemetery or profession; or
    • Negligently misrepresenting goods or services sold.

© 2017 James B. Goldberg and Associates · The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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