AUTHORITY: Implementing and authorized by the Financial Institutions Code [20 ILCS 1205].

SOURCE: Adopted at 16 Ill. Reg. 12879, effective August 7, 1992; amended at 41 Ill. Reg. 12393, effective October 6, 2017; amended at 46 Ill. Reg. 12554, effective July 8, 2022; amended at 47 Ill. Reg. 784, effective January 5, 2023.

SUBPART A: DEFINITIONS

 

Section 200.100  Definition of Terms Used in this Part

 

As used in this Part, unless the context otherwise requires, the term:

 

"Act" means any Act the administration of which is vested in the Director or the Division, and the rules in this Part.

 

"Application" as used in this Part shall mean a request in writing and in the form required by the Department containing all the relevant facts upon which a decision can be made, and the specific relief or decision requested.

 

“Department” means the Illinois Department of Financial and Professional Regulation.

 

“Division” means the Department of Financial and Professional Regulation – Division of Financial Institutions.

 

“Director” means the Director of the Department of Financial and Professional Regulation – Division of Financial Institutions or any person employed by or on behalf of the Department to whom the Director has delegated verbally or in writing authority to act on the Director's behalf.

 

"License" means any certificate or authorization issued to any person, party or entity pursuant to any Act administered by the Division.

 

"Licensee" means any person, party or entity certified, registered, licensed or authorized by the Department pursuant to any Act administered by the Division.

 

"Notice" as used in this Part shall include, but not be limited to, a communication accomplished by telephone, United States Postal Service, private mail service, computer transaction or facsimile transmission.

 

"Party" as used in this Part shall include, but not be limited to, all holders of or applicants for any license, their agents, servants, and employees, whether they are natural persons, corporations, partnerships, associations, cooperatives, trusts or any other legal entities.

 

"Person" as used in this Part shall include, but not be limited to,  all holders of or applicants for any license, their agents, servants and employees, whether they are natural person, corporations, partnership, associations, cooperatives, trusts or other legal entities.

 

"Summary action" means any order or notification issued by the Director, prior to the initiation of an administrative hearing, which is effective upon service.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

SUBPART B: RULES OF GENERAL APPLICATION

 

Section 200.200  Applicability

 

This Part shall apply to all Acts under the jurisdiction of the Division unless otherwise provided in an Act, or in a rule adopted pursuant to an Act which is more specific.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.202  Notice of Summary Action

 

An order imposing summary action affecting any license or licensee is effective upon completion of service pursuant to the provisions prescribed in the specific Act.  Where service is made by registered or certified mail, the Director will, if possible, notify by telephone, email, or by facsimile transmission the affected person or party of the suspension or revocation.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.205  Notification of Noncompliance or Material Change

 

All holders of or applicants for any license issued pursuant to the Act shall submit written notification to the Director within 10 business days after becoming aware of any noncompliance with the provisions of the Act or this Part and any material change in condition (such as bankruptcy, regulatory order having been issued by another regulatory body having jurisdiction, loss of authority to do business by regulatory agency having jurisdiction) which places or tends to place any consumer or policyholder in jeopardy.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.210  Display of Certificates or Registrations

 

Each holder of a license issued pursuant to the Act shall display it in a manner conspicuous to the public or maintain it at its principal place of business for inspection upon request by the public.

 

Section 200.215  Prohibition on Filing Application

 

No person or party whose application has been denied or refused or whose license has been revoked for a violation of the Act shall be entitled to file another application within one year from the effective date of such denial, refusal or revocation, or if judicial review of such denial, refusal or revocation is sought, within one year from the date of final court order or decree affirming such action unless the Director or Director's authorized representative has issued a variance as provided by Section 200.290 of this Part.  Such application, when filed after one year, may be refused by the Director unless the person or party shows change(s) in condition or situation to establish why the denial, refusal or revocation of the license shall not be deemed a bar to the issuance of a new license.

 

Section 200.220  Computation of Time

 

The time within which an action required by the Act shall be done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or legal holiday, and then it shall also be excluded.  If the date succeeding such Saturday, Sunday or legal holiday is also a Saturday, Sunday or legal holiday, then such succeeding day shall also be excluded.

 

Section 200.221  Requirements as to Proper Form

 

Any document filed with the Department pursuant to the Act shall be prepared in accordance with the form, if any, prescribed therefor by the Director. Any such document shall, after review by the Department, be deemed to be filed on the proper form, unless objection to the form is made in writing by the Department.

 

Section 200.225  Place of Filing

 

Unless otherwise specified applications and other papers may be filed with the office of the Department of Financial Institutions located in Chicago, Illinois or Springfield, Illinois.  Such material may be filed by delivery to the Department, through the mails or otherwise.

 

Section 200.230  Additional Information

 

In addition to the information expressly required to be included in an application, there shall be added such further material information, if any, as may be necessary to make the required statements, in the light of the circumstances under which they are made, not misleading (see also Section 200.428).

 

Section 200.235  Additional Exhibits

 

Any licensee or applicant may file such exhibits as it may desire in addition to those required by the appropriate form.  The exhibits shall be so marked as to indicate clearly the subject matters to which they refer.

 

Section 200.240  Information Unknown or Not Reasonably Available

 

Information required need be given only insofar as it is known or reasonably available to the licensee or applicant.  If any required information is unknown and not reasonably available to it, either because the obtaining thereof would involve unreasonable effort or expense, or because it rests peculiarly within the knowledge of another person not affiliated with the licensee or applicant, the information may be omitted, subject to the following conditions:

 

a)         The licensee or applicant shall give such information on the subject as it possesses or can acquire without unreasonable effort or expense, together with the sources thereof.

 

b)         The licensee or applicant shall include a statement either showing that unreasonable effort or expense would be involved or indicating the absence of any affiliation with the person within whose knowledge the information rests and stating the result of a request made to the person for the information.

 

Section 200.245  Requirements as to Paper, Printing and Language

 

a)         Applications shall be filed on good quality, unglazed, white  paper, 8½ by 11 inches in size, insofar as practicable.  However, tables, charts, maps and financial statements may be on larger paper, if folded to that size, and the prospectus may be on smaller paper, if the registrant so desires, but not less than 7½ by 9 inches in size.

 

b)         The application and, insofar as practicable, all papers and documents filed as a part thereof, shall be printed, lithographed, mimeographed or typewritten.  However, the application or any portion thereof may be prepared by any similar process which in the opinion of the Department produces copies suitable for permanent record.  Irrespective of the process used, all copies of the material shall be clear, easily readable and suitable for repeated photocopying.  Debits in credit categories and credits in debit categories shall be designated so as to be clearly distinguishable as such on photocopies.

 

c)         The application shall be in the English language.  If any exhibit or other paper or document filed with the application is in a foreign language, it shall be accompanied by a translation into the English language.

 

Section 200.250  Number of Copies − Signatures

 

a)         One copy of the completed application, manually signed by the applicant, including exhibits and all other papers and documents filed as a part of the application, shall be filed with the Department.

 

b)         If any name is signed to the application pursuant to a power of attorney, copies of the power of attorney shall be filed with the application for registration.  In addition, if the name of any officer signing on behalf of the applicant, or attesting the applicant's seal, is signed pursuant to a power of attorney, certified copies of a resolution of the applicant's board of directors authorizing the signature shall be filed with the application for registration.

 

Section 200.270  Extension of Date for Filing

 

The Director, for good cause, may, upon receipt of a written application, extend any filing deadline set forth in this Part or any Act under the jurisdiction of the Division.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.275  Complete Application

 

Any time period for the Division to respond to any application shall commence only when the application is complete.  An application shall be deemed complete when the person has provided all application fees, information, and documents required to be produced under applicable law or reasonably requested by the Division.

 

(Source:  Added at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.276  Non-Sufficient Fund Fee

 

Any person who delivers a check or other payment to the Division that is returned to the Division unpaid by the financial institution upon which it is drawn shall pay to the Division, in addition to the amount already owed to the Division, a fee of $50.

 

(Source:  Added at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.277  Release of Records

 

a)         The Secretary, in their sole discretion, may charge the following fees for any record search or copying performed by the Secretary:

 

1)         Reproduction costs incurred in making copies of documents, including photocopies or converting physical documents into electronic or digital format, shall be reimbursed at $0.25 per page.

 

2)         All other costs incurred in searching for and transporting data pursuant to a request for records shall be reimbursed at actual costs.

 

b)         The Secretary may require a requester to remit payment prior to providing the requested record.

 

(Source:  Added at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.278  Multi-State Licensing System

 

The Director may require participation in a third-party, multi-state licensing system for licensing and/or examinations under any Act regulated by the Division.  The multi-state licensing system may share regulatory information and maintain records in compliance with the provisions of the Act at issue.  Licensees and applicants shall be responsible for any fees charged by the multi-state licensing system.

 

(Source:  Added at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.280  Non-Public Distribution of Information

 

Information or documents obtained by employees of the Department in the course of any examination, audit, visit, registration, certification, review, licensing, investigation, or any other regulatory activity pursuant to any Act and any record prepared or obtained by the Director to the extent that the record summarizes or contains information derived from any report, document, or record described in this Section shall, unless made a matter of public record, be deemed confidential.  Employees are hereby prohibited from making disclosure of such confidential information or production of documents or any other non-public records of the Department or other governmental agency, unless the Director or the Director's authorized representative authorizes the disclosure of such information or the production of such documents as not being contrary to the public interest.  Disclosure of information or documents to other federal or state regulatory or law enforcement agencies shall not be deemed disclosure or production pursuant to this Section and shall not impact the confidentiality of any such information or documents pursuant to this Section.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

 

Section 200.290  Provisions for Granting of Variance from Rules

 

The Director may grant variances from this Part or any other Part promulgated pursuant to any Act under the jurisdiction of the Division in individual cases where it is determined that:

 

a)         the provision from which the variance is granted is not statutorily mandated;

 

b)         no party will be injured by granting the variance; and

 

c)         the Rule from which the variance is granted would, in the particular case, be unnecessarily burdensome or there is other good cause to grant the variance.

 

(Source:  Amended at 47 Ill. Reg. 784, effective January 5, 2023)

SUBPART C: NON-BINDING STATEMENTS AND DECLARATORY RULINGS

 

Section 200.310  Request for Non-Binding Statements

 

a)         Required information and format

 

1)         All requests for non-binding statements shall be in writing.  The request shall be filed with the Department and shall contain the following:

 

A)        a brief summary of the Sections of the Act and of the Sections of this Part to which the request pertains;

 

B)        a detailed factual representation concerning every  relevant aspect of the proposed transaction, event or circumstance.  Requests should be limited to the particular situation and should not attempt to include every possible type of situation which may arise in the future;

 

C)        a discussion of current statutes, rules and legal principles relevant to the facts set forth;

 

D)        a statement by the person requesting the non-binding statement which states the person's own opinion in the matter and the basis for such opinion;

 

E)        a representation that the transaction in question has not been commenced or, if it has commenced, the present status of the transaction; and

 

F)         at the option of the submitting party, a request for confidential treatment, such as alteration of listed monetary amounts and identity in the public index maintained by the Department under subsection (c)(1).

 

2)         The Department will not respond to requests for non-binding statements involving the anti-fraud provisions of the Act.

 

3)         The Department will not respond to requests for non-binding statements with respect to transactions which have already taken place.

 

4)         The Department will not respond to requests based upon hypothetical facts or involving unnamed parties.

 

b)         Review procedure under the Act

 

1)         The Department's review of requests for non-binding statements requires an in-depth examination of the information presented and the applicable law. Therefore a considerable time period may elapse before the statement is issued.

 

2)         After a review of the relevant facts presented, in light of existing judicial, legislative and administrative history, the Department shall either decline to issue any findings or issue its finding as to the applicability of the Act to the situation presented in the form of a non-binding statement, stating that it will or will not recommend that enforcement action be initiated against the parties involved if all the facts are true and complete.  Facts or conditions different than those presented will require different conclusions and persons other than those requesting the statement should not rely on the statement.  Non-binding statements do not have precedent value.

 

c)         Availability of non-binding statements issued by the Department

 

1)         The Department will maintain an index by statutory Section(s) involved and chronologically of all non-binding statements issued.

 

2)         Copies of such statements can be reviewed in the Department's Springfield office and copies thereof obtained upon payment of the cost of duplication as set forth in 2 Ill. Adm. Code 901.80.

 

Section 200.320  Request for Declaratory Rulings (Repealed)

 

(Source:  Repealed at 47 Ill. Reg. 784, effective January 5, 2023)

SUBPART D: PROCEDURES FOR ADMINISTRATIVE HEARINGS

 

Section 200.400  Hearings

 

All administrative hearings shall be conducted in accordance with 38 Ill. Adm. Code 100.

 

(Source:  Amended at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.402  Qualifications and Duties of the Administrative Law Judge (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.404  Notice of Hearing (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.406  Institution of a Contested Case by the Department (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.408  Requirement to File an Answer (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.410  Amendment or Withdrawal of the Notice of Hearing (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.412  Representation (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.414  Special Appearance (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.416  Substitution of Parties (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.418  Failure to Appear (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.420  Motions (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.422  Requirements Relating to Continuances (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.424  Rules of Evidence (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.425  Standard of Proof (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.426  Form of Papers (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.428  Bill of Particulars (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.430  Discovery (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.432  Examination of Witnesses (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.434  Subpoenas (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.436  Pre-Hearing Conferences (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.438  Record of a Pre-Hearing Conference (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.440  Hearings (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.442  Record of Proceedings (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.444  Record of Hearing (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.446  Orders (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.448  Stipulations (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.450  Open Hearings (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

 

Section 200.452  Corrections to the Transcript (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)