98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3566

 

Introduced 2/14/2014, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
205 ILCS 405/3  from Ch. 17, par. 4804
205 ILCS 405/3.3  from Ch. 17, par. 4807
205 ILCS 405/4.1  from Ch. 17, par. 4809
205 ILCS 405/5  from Ch. 17, par. 4812
205 ILCS 405/8  from Ch. 17, par. 4815
205 ILCS 405/9  from Ch. 17, par. 4816
205 ILCS 405/10  from Ch. 17, par. 4817
205 ILCS 405/11  from Ch. 17, par. 4819
205 ILCS 405/15  from Ch. 17, par. 4824
205 ILCS 405/18  from Ch. 17, par. 4834

    Amends the Currency Exchange Act. Provides that a currency exchange is not prohibited from accepting any check without regard to the date imprinted on the check, as long as the check is immediately cashed, deposited, and processed in the ordinary course of business. Further provides that a community or ambulatory currency exchange is permitted to place self-service automated terminals on its premises, engage in and charge a fee for the transmission of information upon the request of a consumer, advertise and distribute materials concerning legal services and products on its premises, and provide access to third-party travel reservation and ticketing services. Makes changes to provisions concerning community currency exchanges and the Secretary of Financial and Professional Regulation's authority to fine a licensee or suspend or revoke licenses under the Act. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3566LRB098 19703 ZMM 54914 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Currency Exchange Act is amended by changing
5Sections 3, 3.3, 4.1, 5, 8, 9, 10, 11, 15, and 18 as follows:
 
6    (205 ILCS 405/3)  (from Ch. 17, par. 4804)
7    Sec. 3. Powers of community currency exchanges. No
8community or ambulatory currency exchange shall be permitted to
9accept money or evidences of money as a deposit to be returned
10to the depositor or upon the depositor's order. No community or
11ambulatory currency exchange shall be permitted to act as
12bailee or agent for persons, firms, partnerships, limited
13liability companies, associations or corporations to hold
14money or evidences thereof or the proceeds therefrom for the
15use and benefit of the owners thereof, and deliver such money
16or proceeds of evidence of money upon request and direction of
17such owner or owners. Nothing in this Act shall prevent a
18currency exchange from accepting any check without regard to
19the date imprinted on the check, as long as the check is
20immediately cashed, deposited, and processed in the ordinary
21course of business. A community or ambulatory currency exchange
22is permitted to engage in, and charge a fee for, the following
23activities, either directly or as a third-party agent: (i)

 

 

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1cashing of checks, drafts, money orders, or any other evidences
2of money acceptable to the currency exchange, (ii) selling or
3issuing money orders, (iii) obtaining reports, certificates,
4governmental permits, licenses, and vital statistics and the
5preparation of necessary applications to obtain the same, (iv)
6the sale and distribution of bond cards, (v) obtaining,
7distributing, providing, or selling: State vehicle
8registration renewals, title transfers and tax remittance
9forms, city vehicle licenses, and other governmental services,
10(vi) photocopying and sending and receiving facsimile
11transmissions, (vii) notary service either by the proprietor of
12the currency exchange or any currency exchange employee,
13authorized by the State to act as a notary public, (viii)
14issuance of travelers checks obtained by the currency exchange
15from a banking institution under a trust receipt, (ix)
16accepting for payment utility and other companies' bills, (x)
17issuance and acceptance of any third-party debit, credit, or
18stored value card and loading or unloading, (xi) on-premises
19automated cash dispensing machines, (xii) sale of rolled coin
20and paper money, (xiii) exchange of foreign currency through a
21third-party, (xiv) sale of cards, passes, or tokens for public
22transit, (xv) providing mail box service, (xvi) sale of phone
23cards and other pre-paid telecommunication services, (xvii)
24on-premises public telephone, (xviii) sale of U.S. postage,
25(xix) money transmission through a licensed third-party money
26transmitter, (xx) sale of candy, gum, other packaged foods,

 

 

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1soft drinks, and other products and services by means of
2on-premises vending machines and self-service automated
3terminals, and (xxi) transmittal of information upon the
4request of a consumer, (xxii) advertising upon and about the
5premises and distribution to consumers of advertising and other
6materials of any legal product or service that is not
7misleading to the public, (xxiii) providing access to consumers
8of third-party travel reservation and ticketing services, and
9(xxiv) other products and services as may be approved by the
10Secretary. Any community or ambulatory currency exchange may
11enter into agreements with any utility and other companies to
12act as the companies' agent for the acceptance of payment of
13utility and other companies' bills without charge to the
14customer and, acting under such agreement, may receipt for
15payments in the names of the utility and other companies. Any
16community or ambulatory currency exchange may also receive
17payment of utility and other companies' bills for remittance to
18companies with which it has no such agency agreement and may
19charge a fee for such service but may not, in such cases, issue
20a receipt for such payment in the names of the utility and
21other companies. However, funds received by currency exchanges
22for remittance to utility and other companies with which the
23currency exchange has no agency agreement shall be forwarded to
24the appropriate utility and other companies by the currency
25exchange before the end of the next business day.
26    For the purpose of this Section, "utility and other

 

 

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1companies" means any utility company and other company with
2which the currency exchange may or may not have a contractual
3agreement and for which the currency exchange accepts payments
4from consumers for remittance to the utility or other company
5for the payment of bills.
6(Source: P.A. 97-315, eff. 1-1-12.)
 
7    (205 ILCS 405/3.3)  (from Ch. 17, par. 4807)
8    Sec. 3.3. Additional public services.
9    (a) Nothing in this Act shall prevent the Secretary from
10authorizing a currency exchange, group of currency exchanges,
11or association of currency exchanges to render additional
12services to the public if the services are consistent with the
13provisions of this Act, are within its meaning, are in the best
14interest of the public, and benefit the general welfare. For
15the purposes of this Section, lawful services shall be presumed
16to be consistent with the provisions of this Act, within its
17meaning, and in the best interest of the public and to benefit
18the general welfare. A currency exchange, group of currency
19exchanges, or association of currency exchanges must request,
20in writing, the Secretary's approval of the additional service
21prior to rendering such additional service to the public. Any
22approval under this Section shall be deemed an approval for all
23currency exchanges. Any currency exchange wishing to provide an
24additional service previously approved by the Secretary must
25provide written notice, on a form provided by the Department

 

 

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1and available on its website, to the Secretary 30 days prior to
2offering the approved additional service to the public. The
3Secretary may charge an additional service investigation fee of
4$500 per application for a new additional service request. The
5additional service request shall be on a form provided by the
6Department and available on the Department's website. Within 15
7days after receipt by the Department of an additional service
8request, the Secretary shall examine the additional service
9request for completeness and notify the requester of any
10defect. The requester must remedy the defect within 10 days
11after the mailing of the notification of the defect by the
12Secretary. Failure to remedy the defect within such time will
13void the additional service request. If the Secretary
14determines that the additional service request is complete, the
15Secretary shall have 60 business days to approve or deny the
16additional service request. If the additional service request
17is denied, the Secretary shall send by United States mail
18notice of the denial to the requester at the address set forth
19in the additional service request, together with the reasons
20therefor stated with particularity that the additional service
21is not consistent with the provisions of this Act or in the
22best interest of the public and does not benefit the general
23welfare. If an additional service request is denied, the
24requester may, within 10 days after receipt of the denial, make
25a written request to the Secretary for a hearing on the
26additional service request denial. The hearing shall be set for

 

 

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1a date after the receipt by the Secretary of the request for a
2hearing, and written notice of the time and place of the
3hearing shall be mailed to the requester no later than 15 days
4before the date of the hearing. The hearing shall be scheduled
5for a date within 56 days after the date of the receipt of the
6request for a hearing. The requester shall pay the actual cost
7of making the transcript of the hearing prior to the
8Secretary's issuing his or her decision following the hearing.
9If the Secretary denies the request for a new additional
10service, a currency exchange shall not offer the new additional
11service until a final administrative order has been entered
12permitting a currency exchange to offer the service. The
13Secretary's decision may be subject to review as provided in
14Section 22.01 of this Act. If the Secretary revokes a
15previously approved authorization for an additional service
16request, the Secretary shall provide written notice to all
17affected currency exchange licensees, together with the
18reasons therefor stated with particularity, that the
19additional service is no longer consistent with the provisions
20of this Act or in the best interest of the public and does not
21benefit the general welfare. Upon receipt of the revocation
22notice, a currency exchange licensee, group of currency
23exchange licensees, or association of currency exchanges shall
24have 10 days to make a written request to the Secretary for a
25hearing, and the Department shall have 30 business days to
26schedule a future hearing. Written notice of the time and place

 

 

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1of the hearing shall be mailed to the licensee no later than 10
2business days before the date of the hearing. The licensee
3shall pay the actual cost of making the transcript prior to the
4Secretary's issuing his or her decision following the hearing.
5The Secretary's decision is subject to review as provided in
6Section 22.01 of this Act.
7    (b) (Blank).
8    (c) If the Secretary revokes authorization for a previously
9approved additional service, the currency exchange may
10continue to offer the additional service until a final
11administrative order has been entered revoking the licensee's
12previously approved authorization.
13(Source: P.A. 97-315, eff. 1-1-12; 97-1111, eff. 8-27-12.)
 
14    (205 ILCS 405/4.1)  (from Ch. 17, par. 4809)
15    Sec. 4.1. Application; investigation; community need.
16    (a) The General Assembly finds and declares that community
17currency exchanges provide important and vital services to
18Illinois citizens, that the number of community currency
19exchanges should be limited in accordance with the needs of the
20communities they are to serve, and that it is in the public
21interest to promote and foster the community currency exchange
22business and to insure the financial stability thereof.
23    (b) Upon receipt of an application for a license for a
24community currency exchange, the Secretary shall cause an
25investigation to determine:

 

 

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1        (1) of the need of the community for the establishment
2    of a community currency exchange at the location specified
3    in the application; and
4        (2) the effect that granting the license will have on
5    the financial stability of other community currency
6    exchanges that may be serving the community in which the
7    business of the applicant is proposed to be conducted.
8    (c) "Community", as used in this Act, means a locality
9where there may or can be available to the people thereof the
10services of a community currency exchange reasonably
11accessible to them, but in no case less than a one-half mile
12radius from the location specified in an application for a
13license for a community currency exchange.
14    (d) If the issuance of a license to engage in the community
15currency exchange business at the location specified will not
16promote the needs and the convenience and advantage of the
17community in which the business of the applicant is proposed to
18be conducted or would have a material and negative effect upon
19the financial stability of other currency exchanges as
20described in paragraph (2) of subsection (b) of this Section,
21then the application shall be denied. Notwithstanding any other
22provision contained in this Section, the Secretary shall not
23approve an application to operate a new community currency
24exchange within a one-half mile radius of any existing licensee
25located in any municipality with a population exceeding 500,000
26or within a one mile radius of any existing licensee located in

 

 

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1any municipality with a population less than 500,000. This
2provision shall not require the Secretary to deny any
3application:
4        (1) from the purchaser of the place of business of a
5    licensee that was licensed before the effective date of
6    this amendatory Act of the 98th General Assembly if the
7    purchaser will operate at the specific location occupied by
8    the existing licensee, or within 600 feet of that location;
9        (2) from a licensee requesting to relocate to within
10    600 feet of the address currently occupied by the licensee;
11    or
12        (3) from an applicant providing written waivers from
13    all existing licensees within the distance limits set forth
14    in this Section.
15    For the purposes of this subsection (d), a community
16currency exchange business will promote the needs and the
17convenience and advantage of the community if it will provide a
18benefit to that community.
19    (e) As a part of the investigation, the Secretary shall,
20within 10 business days after receipt of an application, notify
21in writing all currency exchanges as described in paragraph (2)
22of subsection (b) of this Section of the application and the
23proposed location. Within 10 business days after the notice,
24any currency exchange as described in paragraph (2) of
25subsection (b) of this Section may notify the Secretary it
26intends to protest the application. If the currency exchange

 

 

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1intends to protest the application, then the currency exchange
2shall, within 30 days after notifying the Secretary, provide
3the Secretary with any information requested to substantiate
4that granting the license would have a material and negative
5effect upon the financial stability of the existing currency
6exchange. Once the investigation is complete, the Secretary
7shall, within 10 business days thereafter, notify any currency
8exchange as described in paragraph (2) of subsection (b) of
9this Section of the determination to approve or deny the
10application. The determination shall sufficiently detail the
11facts that led to the determination.
12(Source: P.A. 97-315, eff. 1-1-12.)
 
13    (205 ILCS 405/5)  (from Ch. 17, par. 4812)
14    Sec. 5. Bond; condition; amount.
15    (a) Before any license shall be issued to a community
16currency exchange the applicant shall file annually with and
17have approved by the Secretary a surety bond, issued by a
18bonding company authorized to do business in this State in the
19principal sum of $25,000. Such bond shall run to the Secretary
20and shall be for the benefit of any creditors of such currency
21exchange for any liability incurred by the currency exchange on
22any money orders, including any fees and penalties incurred by
23the remitter should the money order be returned unpaid, issued
24or sold by the currency exchange in the ordinary course of its
25business and for any liability incurred by the currency

 

 

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1exchange for any sum or sums due to any payee or endorsee of
2any check, draft or money order left with the currency exchange
3in the ordinary course of its business for collection, and for
4any liability to the public incurred by the currency exchange
5in the ordinary course of its business in connection with the
6rendering of any of the services referred to in Section 3 of
7this Act.
8    To protect the public and allow for the effective
9underwriting of bonds, the surety bond shall not cover money
10orders issued and other liabilities incurred by a currency
11exchange for its own account or that of its controlling
12persons, including money orders issued or liabilities incurred
13by the currency exchange to obtain cash for its own operations,
14to pay for the currency exchange's own bills or liabilities or
15that of its controlling persons, or to obtain things of value
16for the currency exchange or its controlling persons,
17regardless of whether such things of value are used in the
18currency exchange's operations or sold by the currency
19exchange.
20    From time to time the Secretary may determine the amount of
21liabilities as described herein and shall require the licensee
22to file a bond in an additional sum if the same is determined
23to be necessary in accordance with the requirements of this
24Section. In no case shall the bond be less than the initial
25$25,000, nor more than the outstanding liabilities.
26    (b) In lieu of the surety bond requirements of subsection

 

 

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1(a), a community currency exchange licensee may submit evidence
2satisfactory to the Secretary that the community currency
3exchange licensee is covered by a blanket bond that covers
4multiple licensees who are members of a statewide association
5of community currency exchanges. Such a blanket bond must be
6issued by a bonding company authorized to do business in this
7State and in a principal aggregate sum of not less than
8$3,000,000 as of May 1, 2012, and not less than $4,000,000 as
9of May 1, 2014.
10    (c) An ambulatory currency exchange may sell or issue money
11orders at any location with regard to which it is issued a
12license pursuant to this Act, including existing licensed
13locations, without the necessity of a further application or
14hearing and without regard to any exceptions contained in
15existing licenses, upon the filing with the Secretary of a
16surety bond approved by the Secretary and issued by a bonding
17company or insurance company authorized to do business in
18Illinois, in the principal sum of $100,000. Such bond may be a
19blanket bond covering all locations at which the ambulatory
20currency exchange may sell or issue money orders, and shall run
21to the Secretary for the use and benefit of any creditors of
22such ambulatory currency exchange for any liability incurred by
23the ambulatory currency exchange on any money orders issued or
24sold by it to the public in the ordinary course of its
25business. Such bond shall be renewed annually. If after the
26expiration of one year from the date of approval of such bond

 

 

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1by the Secretary, it shall appear that the average amount of
2such liability during the year has exceeded $100,000, the
3Secretary shall require the licensee to furnish a bond for the
4ensuing year, to be approved by the Secretary, for an
5additional principal sum of $1,000 for each $1,000 of such
6liability or fraction thereof in excess of the original
7$100,000, except that the maximum amount of such bond shall not
8be required to exceed $250,000.
9(Source: P.A. 97-315, eff. 1-1-12.)
 
10    (205 ILCS 405/8)  (from Ch. 17, par. 4815)
11    Sec. 8. A community or an ambulatory currency exchange
12shall not be conducted as a department of another business. It
13must be an entity, financed and conducted as a separate
14business unit. This shall not prevent a community or an
15ambulatory currency exchange from leasing a part of the
16premises of, or to, another business where for the conduct of
17this business on the same premises; provided, that no community
18currency exchange shall be conducted on the same premises with
19a business whose chief source of revenue is derived from the
20sale of alcoholic liquor; and further provided, that all
21records of the currency exchange shall remain secure and
22inaccessible from anyone not employed by the currency exchange
23for consumption on the premises; provided, further, that no
24community currency exchange hereafter licensed for the first
25time shall share any room with any other business, trade or

 

 

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1profession nor shall it occupy any room from which there is
2direct access to a room occupied by any other business, trade
3or profession.
4(Source: Laws 1951, p. 562.)
 
5    (205 ILCS 405/9)  (from Ch. 17, par. 4816)
6    Sec. 9. No community or ambulatory currency exchange shall
7issue tokens to be used in lieu of money for the purchase of
8goods or services from any enterprise, except that currency
9exchanges may engage in the distribution of food stamps as
10authorized by Section 3.2.
11(Source: P.A. 80-439.)
 
12    (205 ILCS 405/10)  (from Ch. 17, par. 4817)
13    Sec. 10. Qualifications of applicant; denial of license;
14review. The applicant, and its controlling persons officers,
15directors and stockholders, if a corporation, and its managers
16and members, if a liability company, shall be vouched for by 2
17reputable citizens of this State setting forth that the
18individual mentioned is (a) personally known to them to be
19trustworthy and reputable, (b) that he has business experience
20qualifying him to competently conduct, operate, own or become
21associated with a currency exchange, (c) that he has a good
22business reputation and is worthy of a license. Thereafter, the
23Secretary shall, upon approval of the application filed with
24him, issue to the applicant, qualifying under this Act, a

 

 

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1license to operate a currency exchange. If it is a license for
2a community currency exchange, the same shall be valid only at
3the place of business specified in the application. If it is a
4license for an ambulatory currency exchange, it shall entitle
5the applicant to operate only at the location or locations
6specified in the application, provided the applicant shall
7secure separate and additional licenses for each of such
8locations. Such licenses shall remain in full force and effect,
9until they are surrendered by the licensee, or revoked, or
10expire, as herein provided. If the Secretary shall not so
11approve, he shall not issue such license or licenses and shall
12notify the applicant of such denial, retaining the full
13investigation fee to cover the cost of investigating the
14community currency exchange applicant. The Secretary shall
15approve or deny every application hereunder within 90 days from
16the filing of a complete application; except that in respect to
17an application by an approved ambulatory currency exchange for
18a license with regard to a particular location to be served by
19it, the same shall be approved or denied within 20 days from
20the filing thereof. If the application is denied, the Secretary
21shall send by United States mail notice of such denial to the
22applicant at the address set forth in the application.
23    If an application is denied, the applicant may, within 10
24days from the date of the notice of denial, make written
25request to the Secretary for a hearing on the application, and
26the Secretary shall set a time and place for the hearing. The

 

 

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1hearing shall be set for a date after the receipt by the
2Secretary of the request for hearing, and written notice of the
3time and place of the hearing shall be mailed to the applicant
4at least 15 days before the date of the hearing. The applicant
5shall pay the actual cost of making the transcript of the
6hearing prior to the Secretary's issuing his decision following
7the hearing. If, following the hearing, the application is
8denied, the Secretary shall, within 20 days thereafter prepare
9and keep on file in his office a written order of denial
10thereof, which shall contain his findings with respect thereto
11and the reasons supporting the denial, and shall send by United
12States Mail a copy thereof to the applicant at the address set
13forth in the application, within 5 days after the filing of
14such order. A review of any such decision may be had as
15provided in Section 22.01 of this Act.
16    For the purposes of this Act, "controlling person" means an
17officer, director, or person owning or holding power to vote
1810% or more of the outstanding voting securities of a licensee
19or the power to vote the securities of another controlling
20person of the licensee. For the purposes of determining the
21percentage of a licensee controlled by a controlling person,
22the person's interest shall be combined with the interest of
23any other person controlled, directly or indirectly, by that
24person or by a spouse, parent, or child of that person.
25(Source: P.A. 97-315, eff. 1-1-12.)
 

 

 

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1    (205 ILCS 405/11)  (from Ch. 17, par. 4819)
2    Sec. 11. Such license, if issued for a community currency
3exchange, shall state the name of the licensee and the address
4at which the business is to be conducted. Such license, or and
5its annual renewal, shall be kept conspicuously posted in the
6place of business of the licensee and shall not be transferable
7or assignable. If issued for an ambulatory currency exchange,
8it shall so state, and shall state the name and office address
9of the licensee, and the name and address of the location or
10locations to be served by the licensee, and shall not be
11transferable and assignable.
12(Source: P.A. 97-315, eff. 1-1-12.)
 
13    (205 ILCS 405/15)  (from Ch. 17, par. 4824)
14    Sec. 15. The Secretary may, after 15 business days notice
15by registered or certified mail to the licensee at the address
16set forth in the license, or to such other address or method as
17previously designated by the licensee, stating the
18contemplated action and in general the grounds therefore, fine
19the licensee an amount not exceeding $1,000 per violation or
20revoke or suspend any license issued if he or she finds that:
21        (a) the licensee has failed to pay the annual license
22    fee or to maintain in effect the required bond or bonds or
23    insurance policy or policies; or
24        (b) the licensee has failed to comply with any
25    provision of this Act or any order, decision, finding,

 

 

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1    rule, regulation, or direction of the Secretary lawfully
2    made under the authority of this Act; or
3        (c) the licensee has violated any provision of this Act
4    or any regulation or direction made by the Secretary under
5    this Act; or
6        (d) any fact or condition exists which, if it had
7    existed at the time of the original application for such
8    license, would have warranted the Secretary in refusing the
9    issuance of the license; or
10        (e) the licensee has not operated the currency exchange
11    or at the location licensed, for a period of 60 consecutive
12    days, unless the licensee was prevented from operating
13    during such period by reason of events or acts beyond the
14    licensee's control.
15    The Secretary's authority to fine a licensee or suspend or
16revoke licenses under this Section is subject to the following:
17        (1) The notice shall state (A) the specific nature and
18    a clear and concise description of the violation, (B) the
19    Sections of this Act or rules that have been violated, (C)
20    the contemplated fine or action, (D) that the licensee may,
21    within 15 business days from the date of the notice,
22    request a hearing pursuant to Section 22.01 of this Act,
23    (E) that the licensee may, within 15 business days after
24    the notice, take corrective action to mitigate any fine or
25    contemplated action, and (F) the specific corrective
26    action to be taken.

 

 

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1        (2) In the event the licensee requests, in writing to
2    the Secretary and within 15 business days after the notice,
3    a hearing on the fine or contemplated action, the matter
4    shall be heard pursuant to Section 22.01 of this Act, any
5    fines or contemplated action shall be stayed, and no fines
6    shall accrue during the pendency of the hearing.
7        (3) In the event the licensee takes the corrective
8    action set forth in the notice within the time specified,
9    the licensee shall certify the corrective action in writing
10    to the Secretary, who may then confirm the corrective
11    action by conducting a follow-up investigation within 30
12    days of the date of the certification and if the Secretary
13    confirms the corrective action is complete, the
14    contemplated fine or action shall be dismissed and the
15    Secretary may assess an examination charge not to exceed
16    $100. Corrective action taken by a licensee shall not serve
17    to mitigate any contemplated fine or action if such
18    violation is an impairment or is substantially similar to a
19    violation committed by the licensee at the specific
20    location within the previous 36 months.
21    Consistent with the provisions of this Act, the Secretary
22may, after weighing any harm to the public, the seriousness of
23the offense, and the history of the licensee, fine a licensee
24an amount graduated up to $1,000 per violation. "Violation"
25means the offending act taken as a whole. Each day, incident,
26or occurrence the offending act occurred shall not be construed

 

 

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1as a separate violation.
2    No license shall be revoked until the licensee has had
3notice of a hearing on the proposed revocation and an
4opportunity to be heard. When any license is revoked in this
5manner, the Secretary shall, within 20 days, prepare and keep
6on file in his or her office, a written order or decision of
7revocation that shall contain his or her findings and the
8reasons supporting the revocation. The Secretary shall send a
9copy of the order, finding, or decision of revocation by United
10States mail to the licensee at the address set forth in the
11license within 5 days after the filing in his or her office of
12the order, finding, or decision. A review of any such order,
13finding, or decision is available under Section 22.01 of this
14Act.
15    The Secretary may fine, suspend or revoke only the
16particular license or licenses for particular places of
17business or locations with respect to which grounds for
18revocation may occur or exist; except that if he shall find
19that such grounds for revocation are of general application to
20all places of business or locations, or that such grounds for
21fines, suspension or revocation have occurred or exist with
22respect to a substantial number of places of business or
23locations, he may fine, suspend or revoke all of the licenses
24issued to such licensee.
25    An order assessing a fine, an order revoking or suspending
26a license, or an order denying renewal of a license shall take

 

 

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1effect on service of the order unless the licensee requests a
2hearing pursuant to this Section , in writing, within 15 days
3after the date of service. In the event a hearing is requested,
4the order shall be stayed until a final administrative order is
5entered. If the licensee requests a hearing, the Secretary
6shall schedule a hearing within 30 days after the request for a
7hearing unless otherwise agreed to by the parties. The hearing
8shall be held at the time and place designated by the
9Secretary.
10    The Secretary and any administrative law judge designated
11by him or her shall have the power to administer oaths and
12affirmations, subpoena witnesses and compel their attendance,
13take evidence, and require the production of books, papers,
14correspondence, and other records or information that he or she
15considers relevant or material to the inquiry.
16    In case of contumacy or refusal of a witness to obey a
17subpoena, any circuit court of this State whose jurisdiction
18encompasses where the hearing is located may issue an order
19requiring such witness to appear before the Secretary or the
20hearing officer, to produce documentary evidence, or to give
21testimony touching the matter in question; and the court may
22punish any failures to obey such orders of the court as
23contempt.
24    A licensee may surrender any license by delivering to the
25Secretary written notice that he, they or it thereby surrenders
26such license, but such surrender shall not affect such

 

 

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1licensee's civil or criminal liability for acts committed prior
2to such surrender, or affect the liability on his, their or its
3bond or bonds, or his, their or its policy or policies of
4insurance, required by this Act, or entitle such licensee to a
5return of any part of the annual license fee or fees.
6    Every license issued hereunder shall remain in force until
7the same shall expire, or shall have been surrendered,
8suspended or revoked in accordance with this Act, but the
9Secretary may on his own motion, issue new licenses to a
10licensee whose license or licenses shall have been revoked if
11no fact or condition then exists which clearly would have
12warranted the Secretary in refusing originally the issuance of
13such license under this Act.
14(Source: P.A. 97-315, eff. 1-1-12.)
 
15    (205 ILCS 405/18)  (from Ch. 17, par. 4834)
16    Sec. 18. Proof of address. The applicant for a community
17currency exchange license shall have a permanent address as
18evidenced by a lease of at least 6 six months duration or other
19suitable evidence of permanency, and the license issued,
20pursuant to the application shall be valid only at that address
21or any new address approved by the Secretary. A letter of
22intent for a lease shall suffice for inclusion with the
23application, and evidence of an executed lease shall be
24considered ministerial in nature, to be furnished once the
25investigation is completed, the approval final, and prior to

 

 

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1the issuance of the license.
2(Source: P.A. 97-315, eff. 1-1-12.)