Section 1019.30  Suspension and Revocation of Remittance Agents' Licenses

a)         Pursuant to Section 3-907 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-907), the Department shall suspend a person's remittance agent's license under the following circumstances:

1)         he/she fails to keep records as provided in Section 3-910 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-910);

2)         he/she fails to furnish information requested by the Department or file a bond as required by Section 3-905 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-905); or

3)         it is discovered that he/she or a member of his/her immediate family is an employee of the Secretary of State.

b)         The suspension shall remain in effect for thirty (30) days during which an audit shall be conducted to determine compliance with Section 3-900 et seq. of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-900 et seq.).  If he/she has come into compliance, his/her remittance agent's license shall be restored.  If the remittance agent has not come into compliance, he/she shall have his/her remittance agent privileges revoked.

c)         A person shall have his/her remittance agent's license revoked under the following circumstances:

1)         he/she attempts to do business or does business as a remittance agent while his/her privileges are suspended or revoked;

2)         he/she fails to remit the proper fees pursuant to Section 3-906(4) of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-906(4) to the Department or the Illinois Department of Revenue or the check submitted to the Department or the Illinois Department of Revenue is returned by the bank because of insufficient funds and if he/she fails to submit the proper fees within ten (10) days after a written request by the Department;

3)         he/she engages in a fraudulent activity or forgery while operating as a remittance agent as determined by the Department after the investigation;

4)         he/she is guilty of violating any provision of Chapters 2, 3 or 4 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 2-101 et seq., 3-100 et seq., and 4-100 et seq.) or the Use Tax Act (Ill. Rev. Stat. 1987, ch. 95½, par. 439.1 et seq.) or the Service Occupation Tax Act (Ill. Rev. Stat. 1987, ch. 95½, par. 439.101 et seq.);

5)         he/she has been suspended two (2) times or more in one year; or

6)         he/she has been convicted of a felony.

d)         The Department shall consider written complaints (i.e. family, friends, neighbors, business associates, customers, other agencies, and auditors from the Department of Accounting Revenue) in determining whether a remittance agent's license shall be suspended or revoked.  Upon receipt of a complaint, the Department of Police within the Office of the Secretary of State shall investigate the matter to determine if a basis exists under this Section for a suspension or revocation.

e)         A revocation shall be for at least one year.  The remittance agent shall be notified by certified mail that his/her license to operate as a remittance agent is going to be revoked.  The notice shall contain the effective date of the revocation, the violation which is the cause of the revocation, and how he/she can contest the revocation.  The remittance agent shall be given ten (10) days from the date of the notice before the revocation will become effective.  In order to be reinstated following a revocation, the person shall request an administrative hearing as provided in 92 Ill. Adm. Code 1001 et seq.  The person's remittance agent license shall not be restored until the Secretary is satisfied that he/she will comply with the provisions of Article IX of Chapter 3 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code and is of good business integrity.

f)         If a person wishes to contest the suspension or revocation of his/her remittance agent's license, he/she shall request an administrative hearing pursuant to Section 3-907 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-907) and 92 Ill. Adm. Code 1001.