Illinois Compiled Statutes
225 ILCS 407/ - Auction License Act.
Article 20 - Disciplinary Provisions

(225 ILCS 407/Art. 20 heading)

 
(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(Section scheduled to be repealed on January 1, 2030)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)
(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)
(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)
(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 or administrative supervision, 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 anyone licensed under this Act for any of the following reasons:
 
(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)
(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)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-20. Termination without hearing for failure to pay taxes or child
support. The Department

may terminate or otherwise discipline any license issued
under this Act without
hearing if the appropriate administering agency provides adequate information
and proof that the
licensee has:
If a license is terminated or otherwise disciplined pursuant to this Section,
the licensee may
request a hearing as provided by this Act within 30 days of notice of
termination or discipline.

(Source: P.A. 100-872, eff. 8-14-18.)
 
(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)
(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)
(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)
(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)
(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 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 accused in writing of the charges made and the time and place of the hearing; (ii) direct the accused 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 accused that if he or she fails to file an answer to the charges within 20 days of receiving service of the notice, a default judgment may be entered against him or her, or his or her 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 accused or his or her counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments in his or her defense. The Board may continue the hearing when it deems it appropriate.
Notice of the hearing may be served by personal delivery, by certified mail, or, at the discretion of the Department, by an electronic means to the licensee's last known address or email address of record.

(Source: P.A. 101-345, eff. 8-9-19.)
 
(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)
(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 accused person 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 accused, including, but not limited to, previous discipline of the accused by the Department, intent, degree of harm to the public and likelihood of future harm to the public, any restitution made by the accused, 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. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
 
(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)
(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)
(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:
(Source: P.A. 95-572, eff. 6-1-08.)
 
(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 or
revocation of any
license, the Department

may restore the license to the accused 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. 95-572, eff. 6-1-08.)
 
(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)
(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)
(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)
(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)
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)
(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)
(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.)

Structure Illinois Compiled Statutes