Illinois law requires all real estate brokers who are doing business in the state to hold a valid Illinois real estate license. All professional licensing is overseen by the Illinois Department of Financial and Professional Regulation (IDFPR). If a real estate broker is accused of violating any regulations or laws, they could face serious consequences, including suspension of their professional license. These allegations can involve how a broker is running their business, as well as allegations and/or complaints from clients.

The following are some of the more common reasons why the IDFPR will take action. If you are a broker who is notified that you are being investigated, it is important to contact an experienced professional license defense attorney right away.

Client Complaints

While the majority of buyers and sellers are happy with the real estate brokers they work with, there will always be some clients who find a reason to be unhappy with the way their transaction went and that dissatisfaction can even lead to filing complaints and taking legal action. Complaints that can lead to an IDFPR investigation include:

 Both the federal government and the state of Illinois have numerous laws in place to prevent employers from taking advantage of employees. These laws cover minimum wage, overtime pay, child labor laws, definitions of exempt and non-exempt employees, and more. When someone makes allegations of wage wrongdoing against the employer, the Illinois Department of Labor (IDOL) will investigate. If the department finds the allegations are true, the employer can face harsh financial penalties.

Overtime Pay Requirements

Bothe the Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law (IMWL) address wage issues for employees. While the FLSA has set the minimum wage at $7.25 per hour, the state’s minimum wage is currently at $12.00 per hour for workers 18 years of age or older. Under the FLSA, the Illinois rate is the prevailing rate for Illinois workers.

This wage is for those employees who work 40 hours or less in a single workweek. This workweek is set by the employer, must be seven consecutive 24-hour periods, and is fixed to be the same every week, although it is not required to coincide with the calendar week. For example, some employers will follow a Sunday through Saturday workweek, while others may follow a Monday through Sunday workweek.

In Illinois, there are a number of occupations that require obtaining a professional license. Each type of license is issued by a particular board and that board has oversight over license holders. All of these boards fall under the umbrella of the Illinois Department of Financial and Professional Regulation (IDFPR).

There are a number of issues that could threaten that professional license’s standing in the state, including accusations of negligence, malpractice, substance abuse issues, insurance fraud, and more. Although each board has its own set of rules and regulations, the one issue that can result in the suspension of a professional license no matter what type of occupation is failure to pay court-ordered child support.

Illinois Child Support Laws

The family court system in Illinois takes the duties of both parents when it comes to the care of children very seriously. Under the law, every parent – whether the child lives with them or not – has a legal responsibility to provide for the needs of that child. A parent who has been ordered to pay child support but fails to abide by the court’s order faces serious penalties for that failure.

There are a number of different categories of professional licenses that fall under the jurisdiction of the Illinois Department of Financial and Professional Regulation (IDFPR). Many of these professions have their own boards, including physicians, nurses, pharmacists, social workers, real estate agents, dentists, psychologists, and more. Any individual who is required to apply for a professional license in order to work in their profession is also required to adhere to all the rules and regulations the IDFPR has put in place.

When an allegation or complaint is made against a professional license holder, the IDFPR will initiate an investigation to determine if the complaint is a legitimate one and, if it is, if action should be taken against the individual’s license. That action can include probation, suspension, or even complete revocation. Given the potential consequences of an investigation, anyone who has been informed they are under investigation should contact a professional license defense attorney immediately.

The following are some of the reasons why you should contact Williams & Nickl, LLC if you have been notified by the IDFPR that you are under investigation.

On January 1, 2020, the Cannabis Regulation and Tax Act went into effect, providing for the controlled legalization of cannabis use for adults in Illinois. Not only did the law make the recreational use of cannabis legal for adults, but it also established regulations for cannabis dispensing organizations. The licensing and oversight for these businesses fall under the bailiwick of the Illinois Department of Financial and Professional Regulation (IDFRP). If you have been granted a cannabis dispensing license and have questions or run into any legal issues, a Chicago business license lawyer can help.

State Issues Licenses

So far, the IDFR has issued a total of 182 conditional adult use dispensing organization licenses out of the 185 licenses that are available. There were a total of 177 licenses issued in July and another five issued so far this month. The IDFR does anticipate issuing the remaining three licenses within the next few weeks as soon as additional documents are received from the businesses chosen.

Under the law, when a business has been awarded a conditional license, it has 180 days to choose a physical storefront location and obtain an adult use dispensing organization license. If the conditional license holder is unable to find a physical location within those 180 days, they may request an extension of an additional 180 days.