The Division shall conduct audits to verify compliance with
the CE requirements of the Act and this Part. If, during an audit or compliance
review, the Division determines that a licensee may be deficient in complying
with CE requirements, the Division will issue a citation to the licensee, with
a copy to an Associate Real Estate Trainee Appraiser's supervisor if
applicable, of the deficiency. Service of the citation shall be made in person,
electronically or by mail to the licensee's address or email address of record.
The licensee shall have 60 days after the date of service of the citation to
submit evidence of compliance with CE requirements to the Division and to pay
the fine imposed.
a) The citation shall
inform the licensee that the licensee may provide the Division with proof that
the licensee has completed the required CE prior to the renewal deadline or
deadlines associated with the audit. If satisfactory proof is provided within
60 days after the citation is served, the citation shall become null and
void.
b) The citation shall set
forth the fine imposed and inform the licensee that the licensee may request a
hearing contesting the deficiency within 30 days after the citation is
served.
c) The citation shall be
non-public and become a final non-disciplinary order or consent to
administrative supervision order if the cited licensee does not request a
hearing within 30 days after the citation is served or if the cited licensee
does not provide the Division with proof of completing the required CE, prior
to the renewal deadline associated with the audit. The fine shall be payable
within 30 days after the date of the final order.
d) A non-public and non-disciplinary fine in
the amount of $500 shall be assessed for a first citation for noncompliance
with CE requirements. A non-public and non-disciplinary fine in the amount of
$1,000 shall be assessed for a second citation for noncompliance with CE
requirements. Pursuant to Section 15-10.1 of the Act, a third and subsequent
citation for noncompliance with CE requirements shall result in publicly
disclosed discipline and a fine in an amount not to exceed $2,000.
e) Payment of the non-public and
non-disciplinary fine does not absolve the licensee from the responsibility to
complete the CE requirements and correct the violation. If the licensee fails
to submit satisfactory evidence of compliance with CE requirements and to pay
the fine imposed pursuant to a non-public, final non-disciplinary order or
consent to administrative supervision order, the Department shall take further
disciplinary action pursuant to this Act and this Part for violation of the
terms of the order.
