Stephen J. Vertin MAI
Senior Member
- Joined
- Jan 17, 2002
- Professional Status
- Certified General Appraiser
- State
- Illinois
This is really interesting since I received a letter from ICAP in November stating the following:
SECTION 1455.100
1. c-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by endorsement as it pertains to this portion of the Administrative Rules. As section 5-22 of the Act does not require criminal background checks for endorsement the Administrative Rules cannot require criminal background checks for endorsement as required by Section 5-22.
SECTION 1455.110 1. a-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by renewal as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for renewals the Administrative Rules cannot require criminal background checks for renewals.
2. b-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by renewal as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for renewal the Administrative Rules cannot require criminal background checks for renewals.
3. f-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by reinstatement as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for reinstatement the Administrative Rules cannot require criminal background checks for reinstatement.
What ICAP is saying is the actual act says:
225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-22. Criminal history records check. Each applicant for licensure by examination or restoration shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police.
Bold and underlined by me. I suspect someone dropped the ball on the Administrative Rules side. It seems to me this would be fairly big news given thousands would now be subject to background checks.
SECTION 1455.100
1. c-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by endorsement as it pertains to this portion of the Administrative Rules. As section 5-22 of the Act does not require criminal background checks for endorsement the Administrative Rules cannot require criminal background checks for endorsement as required by Section 5-22.
SECTION 1455.110 1. a-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by renewal as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for renewals the Administrative Rules cannot require criminal background checks for renewals.
2. b-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by renewal as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for renewal the Administrative Rules cannot require criminal background checks for renewals.
3. f-4) Satisfactory completion of a criminal background check, as required by Section 5-22 of the Act.
Suggestion: Eliminate this proposed requirement. Section 5-22 of the Act applies to licensure by “examination or restoration”; only, and not by reinstatement as it pertains to this portion of the Administrative Rules. As Section 5-22 of the Act does not require criminal background checks for reinstatement the Administrative Rules cannot require criminal background checks for reinstatement.
What ICAP is saying is the actual act says:
225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-22. Criminal history records check. Each applicant for licensure by examination or restoration shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police.
Bold and underlined by me. I suspect someone dropped the ball on the Administrative Rules side. It seems to me this would be fairly big news given thousands would now be subject to background checks.
