Section 1450.266  Advisory Letters

a)         The Division may issue advisory letters on issues dealing with the interpretation and application of the Real Estate License Act of 2000 and this Part.

b)         A licensee is entitled to rely upon an advisory letter from the Division and will not be disciplined by the Division for actions taken in reliance on the advisory letter.  An advisory letter may only be relied upon by the licensee seeking the advisory letter.  However, the Division may change its position prospectively, at which time the licensee who sought the advisory letter will have to meet the new position or policy of the Division.

c)         Although not binding on the Division, licensees other than the licensee who sought the advisory letter may refer to an advisory letter issued by the Division as the reason for a licensee's acts or omissions that result in the Division considering disciplinary action against the licensee.  The Division will consider such arguments but will not be bound by the advisory letter except as to the licensee who actually sought the advisory letter from the Division.

d)         Requests for advisory letters shall be submitted in writing to the Division.  The request shall include at a minimum the following:

1)         the name of the licensee on whose behalf the advisory letter is sought;

2)         the factual situation or hypothetical factual situation on which the advisory letter is sought;

3)         citations to any provisions of the Act, rules or cases that the licensee or the licensee’s advisor believes is relevant to the issue as well as a discussion of the relevance of the cited material to the issue on which advice is sought; and

4)         a statement of the issue or issues on which advice is sought.

e)         Because advisory letters will be available through the Freedom of Information Act and may also be published by the Division, the party requesting the advisory letter should indicate whether the name of the licensee should be disclosed in the advisory letter.  If the request for the advisory letter includes a request to keep the name of the licensee or other parties in the letter confidential, then the person requesting the advisory letter shall submit along with the request a second letter using generic business names, for example Licensee A, Company B, for the names to be kept confidential.  If the Division receives such a request, then the published response will only use the generic names.

f)          The Division shall respond to the licensee requesting the advisory letter within 60 days after receipt of the request by the Division. The response may be the advisory letter, an estimated time for providing an advisory letter, a request for clarification or additional information, or a statement that the Division declines to issue an advisory letter as requested with an indication of the reason for declining to issue the advisory letter.  The Division shall provide a copy of all correspondence concerning a request for an advisory letter to the sponsoring broker, if any, of the licensee requesting the advisory letter.

(Source:  Amended at 30 Ill. Reg. 11075, effective June 8, 2006)