Illinois General Assembly - Full Text of HB3784
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Full Text of HB3784  98th General Assembly


Sen. Don Harmon

Filed: 5/27/2014





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2    AMENDMENT NO. ______. Amend House Bill 3784, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Currency Exchange Act is amended by
6changing Sections 1, 3, 3.3, 4.1, 5, 9, 10, 11, 15, and 18 as
8    (205 ILCS 405/1)  (from Ch. 17, par. 4802)
9    Sec. 1. Definitions; application of Act.
10    (a) For the purposes of this Act:
11    "Community currency exchange" means any person, firm,
12association, partnership, limited liability company, or
13corporation, except an ambulatory currency exchange as
14hereinafter defined, banks incorporated under the laws of this
15State and National Banks organized pursuant to the laws of the
16United States, engaged in the business or service of, and



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1providing facilities for, cashing checks, drafts, money orders
2or any other evidences of money acceptable to such community
3currency exchange, for a fee or service charge or other
4consideration, or engaged in the business of selling or issuing
5money orders under his or their or its name, or any other money
6orders (other than United States Post Office money orders,
7Postal Telegraph Company money orders, or Western Union
8Telegraph Company money orders), or engaged in both such
9businesses, or engaged in performing any one or more of the
10foregoing services.
11    "Controlling person" means an officer, director, or person
12owning or holding power to vote 10% or more of the outstanding
13voting securities of a licensee or the power to vote the
14securities of another controlling person of the licensee. For
15the purposes of determining the percentage of a licensee
16controlled by a controlling person, the person's interest shall
17be combined with the interest of any other person controlled,
18directly or indirectly, by that person or by a spouse, parent,
19or child of that person.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Director" means the Director of the Division of Financial
23Institutions of the Department of Financial and Professional
25    "Division of Financial Institutions" means the Division of
26Financial Institutions of the Department of Financial and



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1Professional Regulation.
2    "Ambulatory Currency Exchange" means any person, firm,
3association, partnership, limited liability company, or
4corporation, except banks organized under the laws of this
5State and National Banks organized pursuant to the laws of the
6United States, engaged in one or both of the foregoing
7businesses, or engaged in performing any one or more of the
8foregoing services, solely on the premises of the employer
9whose employees are being served.
10    "Location" when used with reference to an ambulatory
11currency exchange means the premises of the employer whose
12employees are or are to be served by an ambulatory currency
14    "Secretary" means the Secretary of Financial and
15Professional Regulation or a person authorized by the Secretary
16or this Act to act in the Secretary's stead. All references in
17this Act to the Secretary shall be deemed to include the
18Director, as a person authorized by the Secretary or this Act
19to assume responsibility for the oversight of the functions of
20the Department relative to the regulatory supervision of
21community currency exchanges and ambulatory currency exchanges
22under this Act.
23    (b) Nothing in this Act shall be held to apply to any
24person, firm, association, partnership, limited liability
25company, or corporation who is engaged primarily in the
26business of transporting for hire, bullion, currency,



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1securities, negotiable or non-negotiable documents, jewels or
2other property of great monetary value and who in the course of
3such business and only as an incident thereto, cashes checks,
4drafts, money orders or other evidences of money directly for,
5or for the employees of and with the funds of and at a cost only
6to, the person, firm, association, partnership, limited
7liability company, or corporation for whom he or it is then
8actually transporting such bullion, currency, securities,
9negotiable or non-negotiable documents, jewels, or other
10property of great monetary value, pursuant to a written
11contract for such transportation and all incidents thereof, nor
12shall it apply to any person, firm, association, partnership,
13limited liability company, or corporation engaged in the
14business of selling tangible personal property at retail who,
15in the course of such business and only as an incident thereto,
16cashes checks, drafts, money orders or other evidences of
18(Source: P.A. 97-315, eff. 1-1-12.)
19    (205 ILCS 405/3)  (from Ch. 17, par. 4804)
20    Sec. 3. Powers of community currency exchanges. No
21community or ambulatory currency exchange shall be permitted to
22accept money or evidences of money as a deposit to be returned
23to the depositor or upon the depositor's order. No community or
24ambulatory currency exchange shall be permitted to act as
25bailee or agent for persons, firms, partnerships, limited



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1liability companies, associations or corporations to hold
2money or evidences thereof or the proceeds therefrom for the
3use and benefit of the owners thereof, and deliver such money
4or proceeds of evidence of money upon request and direction of
5such owner or owners. Nothing in this Act shall prevent a
6currency exchange from accepting any check without regard to
7the date imprinted on the check, subject to Section 4-404 of
8the Uniform Commercial Code, as long as the check is
9immediately cashed, deposited, and processed in the ordinary
10course of business. A community or ambulatory currency exchange
11is permitted to engage in, and charge a fee for, the following
12activities, either directly or as a third-party agent: (i)
13cashing of checks, drafts, money orders, or any other evidences
14of money acceptable to the currency exchange, (ii) selling or
15issuing money orders, (iii) obtaining reports, certificates,
16governmental permits, licenses, and vital statistics and the
17preparation of necessary applications to obtain the same, (iv)
18the sale and distribution of bond cards, (v) obtaining,
19distributing, providing, or selling: State vehicle
20registration renewals, title transfers and tax remittance
21forms, city vehicle licenses, and other governmental services,
22(vi) photocopying and sending and receiving facsimile
23transmissions, (vii) notary service either by the proprietor of
24the currency exchange or any currency exchange employee,
25authorized by the State to act as a notary public, (viii)
26issuance of travelers checks obtained by the currency exchange



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1from a banking institution under a trust receipt, (ix)
2accepting for payment utility and other companies' bills, (x)
3issuance and acceptance of any third-party debit, credit, or
4stored value card and loading or unloading, (xi) on-premises
5automated cash dispensing machines, (xii) sale of rolled coin
6and paper money, (xiii) exchange of foreign currency through a
7third-party, (xiv) sale of cards, passes, or tokens for public
8transit, (xv) providing mail box service, (xvi) sale of phone
9cards and other pre-paid telecommunication services, (xvii)
10on-premises public telephone, (xviii) sale of U.S. postage,
11(xix) money transmission through a licensed third-party money
12transmitter, (xx) sale of candy, gum, other packaged foods,
13soft drinks, and other products and services by means of
14on-premises vending machines and self-service automated
15terminals, and (xxi) transmittal of documents or information
16upon the request of a consumer, (xxii) advertising upon and
17about the premises and distribution to consumers of advertising
18and other materials of any legal product or service that is not
19misleading to the public, (xxiii) providing consumers with the
20service of third-party travel reservations and ticketing
21services, and (xxiv) other products and services as may be
22approved by the Secretary. Any community or ambulatory currency
23exchange may enter into agreements with any utility and other
24companies to act as the companies' agent for the acceptance of
25payment of utility and other companies' bills without charge to
26the customer and, acting under such agreement, may receipt for



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1payments in the names of the utility and other companies. Any
2community or ambulatory currency exchange may also receive
3payment of utility and other companies' bills for remittance to
4companies with which it has no such agency agreement and may
5charge a fee for such service but may not, in such cases, issue
6a receipt for such payment in the names of the utility and
7other companies. However, funds received by currency exchanges
8for remittance to utility and other companies with which the
9currency exchange has no agency agreement shall be forwarded to
10the appropriate utility and other companies by the currency
11exchange before the end of the next business day.
12    For the purpose of this Section, "utility and other
13companies" means any utility company and other company with
14which the currency exchange may or may not have a contractual
15agreement and for which the currency exchange accepts payments
16from consumers for remittance to the utility or other company
17for the payment of bills.
18(Source: P.A. 97-315, eff. 1-1-12.)
19    (205 ILCS 405/3.3)  (from Ch. 17, par. 4807)
20    Sec. 3.3. Additional public services.
21    (a) Nothing in this Act shall prevent the Secretary from
22authorizing a currency exchange, group of currency exchanges,
23or association of currency exchanges to render additional
24services to the public if the services are consistent with the
25provisions of this Act, are within its meaning, are in the best



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1interest of the public, and benefit the general welfare. A
2currency exchange, group of currency exchanges, or association
3of currency exchanges must request, in writing, the Secretary's
4approval of the additional service prior to rendering such
5additional service to the public. Any approval under this
6Section shall be deemed an approval for all currency exchanges.
7Any currency exchange wishing to provide an additional service
8previously approved by the Secretary must provide written
9notice, on a form provided by the Department and available on
10its website, to the Secretary 30 days prior to offering the
11approved additional service to the public. The Secretary may
12charge an additional service investigation fee of $500 per
13application for a new additional service request. The
14additional service request shall be on a form provided by the
15Department and available on the Department's website. Within 15
16days after receipt by the Department of an additional service
17request, the Secretary shall examine the additional service
18request for completeness and notify the requester of any
19defect. The requester must remedy the defect within 10 days
20after the mailing of the notification of the defect by the
21Secretary. Failure to remedy the defect within such time will
22void the additional service request. If the Secretary
23determines that the additional service request is complete, the
24Secretary shall have 60 business days to approve or deny the
25additional service request. If the additional service request
26is denied, the Secretary shall send by United States mail



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



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1reasons therefor stated with particularity, that the
2additional service is no longer consistent with the provisions
3of this Act or in the best interest of the public and does not
4benefit the general welfare. Upon receipt of the revocation
5notice, a currency exchange licensee, group of currency
6exchange licensees, or association of currency exchanges shall
7have 10 days to make a written request to the Secretary for a
8hearing, and the Department shall have 30 business days to
9schedule a future hearing. Written notice of the time and place
10of the hearing shall be mailed to the licensee no later than 10
11business days before the date of the hearing. The licensee
12shall pay the actual cost of making the transcript prior to the
13Secretary's issuing his or her decision following the hearing.
14The Secretary's decision is subject to review as provided in
15Section 22.01 of this Act.
16    (b) (Blank).
17    (c) If the Secretary revokes authorization for a previously
18approved additional service, the currency exchange may
19continue to offer the additional service until a final
20administrative order has been entered revoking the licensee's
21previously approved authorization.
22(Source: P.A. 97-315, eff. 1-1-12; 97-1111, eff. 8-27-12.)
23    (205 ILCS 405/4.1)  (from Ch. 17, par. 4809)
24    Sec. 4.1. Application; investigation; community need.
25    (a) The General Assembly finds and declares that community



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1currency exchanges provide important and vital services to
2Illinois citizens, that the number of community currency
3exchanges should be limited in accordance with the needs of the
4communities they are to serve, and that it is in the public
5interest to promote and foster the community currency exchange
6business and to insure the financial stability thereof.
7    (b) Upon receipt of an application for a license for a
8community currency exchange, the Secretary shall cause an
9investigation to determine:
10        (1) of the need of the community for the establishment
11    of a community currency exchange at the location specified
12    in the application; and
13        (2) the effect that granting the license will have on
14    the financial stability of other community currency
15    exchanges that may be serving the community in which the
16    business of the applicant is proposed to be conducted.
17    (c) "Community", as used in this Act, means a locality
18where there may or can be available to the people thereof the
19services of a community currency exchange reasonably
20accessible to them, but in no case less than a one-half mile
21radius from the location specified in an application for a
22license for a community currency exchange.
23    (d) If the issuance of a license to engage in the community
24currency exchange business at the location specified will not
25promote the needs and the convenience and advantage of the
26community in which the business of the applicant is proposed to



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1be conducted or would have a material and negative effect upon
2the financial stability of other currency exchanges as
3described in paragraph (2) of subsection (b) of this Section,
4then the application shall be denied. Notwithstanding any other
5provision contained in this Section, the Secretary shall not
6approve an application to operate a new community currency
7exchange within a one-half mile radius of any existing licensee
8located in any municipality with a population exceeding 500,000
9or within a one mile radius of any existing licensee located in
10any municipality with a population less than 500,000. This
11provision shall not require the Secretary to deny any
13        (1) from the purchaser of the place of business of a
14    licensee that was licensed before the effective date of
15    this amendatory Act of the 98th General Assembly if the
16    purchaser will operate at the specific location occupied by
17    the existing licensee, or within 600 feet of that location;
18        (2) from a licensee requesting to relocate to within
19    600 feet of the address currently occupied by the licensee;
20    or
21        (3) from an applicant providing written waivers from
22    all existing licensees within the distance limits set forth
23    in this Section.
24    For the purposes of this subsection (d), a community
25currency exchange business will promote the needs and the
26convenience and advantage of the community if it will provide a



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1benefit to that community.
2    (e) As a part of the investigation, the Secretary shall,
3within 10 business days after receipt of an application, notify
4in writing all currency exchanges as described in paragraph (2)
5of subsection (b) of this Section of the application and the
6proposed location. Within 10 business days after the notice,
7any currency exchange as described in paragraph (2) of
8subsection (b) of this Section shall notify the Secretary it
9intends to protest the application. If the currency exchange
10intends to protest the application, then the currency exchange
11shall, within 30 days after notifying the Secretary, provide
12the Secretary with any information requested to substantiate
13that granting the license would have a material and negative
14effect upon the financial stability of the existing currency
15exchange. Once the investigation is complete, the Secretary
16shall, within 10 business days thereafter, notify any currency
17exchange as described in paragraph (2) of subsection (b) of
18this Section of the determination to approve or deny the
19application. The determination shall sufficiently detail the
20facts that led to the determination.
21(Source: P.A. 97-315, eff. 1-1-12.)
22    (205 ILCS 405/5)  (from Ch. 17, par. 4812)
23    Sec. 5. Bond; condition; amount.
24    (a) Before any license shall be issued to a community
25currency exchange the applicant shall file annually with and



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1have approved by the Secretary a surety bond, issued by a
2bonding company authorized to do business in this State in the
3principal sum of $25,000. Such bond shall run to the Secretary
4and shall be for the benefit of any creditors of such currency
5exchange for any liability incurred by the currency exchange on
6any money orders, including any fees and penalties incurred by
7the remitter should the money order be returned unpaid, issued
8or sold by the currency exchange in the ordinary course of its
9business and for any liability incurred by the currency
10exchange for any sum or sums due to any payee or endorsee of
11any check, draft or money order left with the currency exchange
12in the ordinary course of its business for collection, and for
13any liability to the public incurred by the currency exchange
14in the ordinary course of its business in connection with the
15rendering of any of the services referred to in Section 3 of
16this Act.
17    To protect the public and allow for the effective
18underwriting of bonds, the surety bond shall not cover money
19orders issued and other liabilities incurred by a currency
20exchange for its own account or that of its controlling
21persons, including money orders issued or liabilities incurred
22by the currency exchange to obtain cash for its own operations,
23to pay for the currency exchange's own bills or liabilities or
24that of its controlling persons, or to obtain things of value
25for the currency exchange or its controlling persons,
26regardless of whether such things of value are used in the



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1currency exchange's operations or sold by the currency
3    From time to time the Secretary may determine the amount of
4liabilities as described herein and shall require the licensee
5to file a bond in an additional sum if the same is determined
6to be necessary in accordance with the requirements of this
7Section. In no case shall the bond be less than the initial
8$25,000, nor more than the outstanding liabilities.
9    (b) In lieu of the surety bond requirements of subsection
10(a), a community currency exchange licensee may submit evidence
11satisfactory to the Secretary that the community currency
12exchange licensee is covered by a blanket bond that covers
13multiple licensees who are members of a statewide association
14of community currency exchanges. Such a blanket bond must be
15issued by a bonding company authorized to do business in this
16State and in a principal aggregate sum of not less than
17$3,000,000 as of May 1, 2012, and not less than $4,000,000 as
18of May 1, 2014.
19    (c) An ambulatory currency exchange may sell or issue money
20orders at any location with regard to which it is issued a
21license pursuant to this Act, including existing licensed
22locations, without the necessity of a further application or
23hearing and without regard to any exceptions contained in
24existing licenses, upon the filing with the Secretary of a
25surety bond approved by the Secretary and issued by a bonding
26company or insurance company authorized to do business in



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1Illinois, in the principal sum of $100,000. Such bond may be a
2blanket bond covering all locations at which the ambulatory
3currency exchange may sell or issue money orders, and shall run
4to the Secretary for the use and benefit of any creditors of
5such ambulatory currency exchange for any liability incurred by
6the ambulatory currency exchange on any money orders issued or
7sold by it to the public in the ordinary course of its
8business. Such bond shall be renewed annually. If after the
9expiration of one year from the date of approval of such bond
10by the Secretary, it shall appear that the average amount of
11such liability during the year has exceeded $100,000, the
12Secretary shall require the licensee to furnish a bond for the
13ensuing year, to be approved by the Secretary, for an
14additional principal sum of $1,000 for each $1,000 of such
15liability or fraction thereof in excess of the original
16$100,000, except that the maximum amount of such bond shall not
17be required to exceed $250,000.
18(Source: P.A. 97-315, eff. 1-1-12.)
19    (205 ILCS 405/9)  (from Ch. 17, par. 4816)
20    Sec. 9. No community or ambulatory currency exchange shall
21issue tokens to be used in lieu of money for the purchase of
22goods or services from any enterprise, except that currency
23exchanges may engage in the distribution of food stamps as
24authorized by Section 3.2.
25(Source: P.A. 80-439.)



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1    (205 ILCS 405/10)  (from Ch. 17, par. 4817)
2    Sec. 10. Qualifications of applicant; denial of license;
3review. The applicant, and its controlling persons officers,
4directors and stockholders, if a corporation, and its managers
5and members, if a liability company, shall be vouched for by 2
6reputable citizens of this State setting forth that the
7individual mentioned is (a) personally known to them to be
8trustworthy and reputable, (b) that he has business experience
9qualifying him to competently conduct, operate, own or become
10associated with a currency exchange, (c) that he has a good
11business reputation and is worthy of a license. Thereafter, the
12Secretary shall, upon approval of the application filed with
13him, issue to the applicant, qualifying under this Act, a
14license to operate a currency exchange. If it is a license for
15a community currency exchange, the same shall be valid only at
16the place of business specified in the application. If it is a
17license for an ambulatory currency exchange, it shall entitle
18the applicant to operate only at the location or locations
19specified in the application, provided the applicant shall
20secure separate and additional licenses for each of such
21locations. Such licenses shall remain in full force and effect,
22until they are surrendered by the licensee, or revoked, or
23expire, as herein provided. If the Secretary shall not so
24approve, he shall not issue such license or licenses and shall
25notify the applicant of such denial, retaining the full



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1investigation fee to cover the cost of investigating the
2community currency exchange applicant. The Secretary shall
3approve or deny every application hereunder within 90 days from
4the filing of a complete application; except that in respect to
5an application by an approved ambulatory currency exchange for
6a license with regard to a particular location to be served by
7it, the same shall be approved or denied within 20 days from
8the filing thereof. If the application is denied, the Secretary
9shall send by United States mail notice of such denial to the
10applicant at the address set forth in the application.
11    If an application is denied, the applicant may, within 10
12days from the date of the notice of denial, make written
13request to the Secretary for a hearing on the application, and
14the Secretary shall set a time and place for the hearing. The
15hearing shall be set for a date after the receipt by the
16Secretary of the request for hearing, and written notice of the
17time and place of the hearing shall be mailed to the applicant
18at least 15 days before the date of the hearing. The applicant
19shall pay the actual cost of making the transcript of the
20hearing prior to the Secretary's issuing his decision following
21the hearing. If, following the hearing, the application is
22denied, the Secretary shall, within 20 days thereafter prepare
23and keep on file in his office a written order of denial
24thereof, which shall contain his findings with respect thereto
25and the reasons supporting the denial, and shall send by United
26States Mail a copy thereof to the applicant at the address set



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1forth in the application, within 5 days after the filing of
2such order. A review of any such decision may be had as
3provided in Section 22.01 of this Act.
4(Source: P.A. 97-315, eff. 1-1-12.)
5    (205 ILCS 405/11)  (from Ch. 17, par. 4819)
6    Sec. 11. Such license, if issued for a community currency
7exchange, shall state the name of the licensee and the address
8at which the business is to be conducted. Such license, or and
9its annual renewal, shall be kept conspicuously posted in the
10place of business of the licensee and shall not be transferable
11or assignable. If issued for an ambulatory currency exchange,
12it shall so state, and shall state the name and office address
13of the licensee, and the name and address of the location or
14locations to be served by the licensee, and shall not be
15transferable and assignable.
16(Source: P.A. 97-315, eff. 1-1-12.)
17    (205 ILCS 405/15)  (from Ch. 17, par. 4824)
18    Sec. 15. The Secretary may, after 15 business days notice
19by registered or certified mail to the licensee at the address
20set forth in the license, or to such other address or method as
21previously designated by the licensee, stating the
22contemplated action and in general the grounds therefore, fine
23the licensee an amount not exceeding $1,000 per violation or
24revoke or suspend any license issued if he or she finds that:



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



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



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1may, after weighing any harm to the public, the seriousness of
2the offense, and the history of the licensee, fine a licensee
3an amount graduated up to $1,000 per violation. No later than
4September 1, 2015, the Department shall adopt rules to
5determine which offending acts shall be considered a single
6violation and which offending acts shall be treated as separate
7violations and shall set corresponding fines for each class of
8violation, not to exceed $1,000 per violation.
9    No license shall be revoked until the licensee has had
10notice of a hearing on the proposed revocation and an
11opportunity to be heard. When any license is revoked in this
12manner, the Secretary shall, within 20 days, prepare and keep
13on file in his or her office, a written order or decision of
14revocation that shall contain his or her findings and the
15reasons supporting the revocation. The Secretary shall send a
16copy of the order, finding, or decision of revocation by United
17States mail to the licensee at the address set forth in the
18license within 5 days after the filing in his or her office of
19the order, finding, or decision. A review of any such order,
20finding, or decision is available under Section 22.01 of this
22    The Secretary may fine, suspend or revoke only the
23particular license or licenses for particular places of
24business or locations with respect to which grounds for
25revocation may occur or exist; except that if he shall find
26that such grounds for revocation are of general application to



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1all places of business or locations, or that such grounds for
2fines, suspension or revocation have occurred or exist with
3respect to a substantial number of places of business or
4locations, he may fine, suspend or revoke all of the licenses
5issued to such licensee.
6    An order assessing a fine, an order revoking or suspending
7a license, or an order denying renewal of a license shall take
8effect on service of the order unless the licensee requests a
9hearing pursuant to this Section , in writing, within 15 days
10after the date of service. In the event a hearing is requested,
11the order shall be stayed until a final administrative order is
12entered. If the licensee requests a hearing, the Secretary
13shall schedule a hearing within 30 days after the request for a
14hearing unless otherwise agreed to by the parties. The hearing
15shall be held at the time and place designated by the
17    The Secretary and any administrative law judge designated
18by him or her shall have the power to administer oaths and
19affirmations, subpoena witnesses and compel their attendance,
20take evidence, and require the production of books, papers,
21correspondence, and other records or information that he or she
22considers relevant or material to the inquiry.
23    In case of contumacy or refusal of a witness to obey a
24subpoena, any circuit court of this State whose jurisdiction
25encompasses where the hearing is located may issue an order
26requiring such witness to appear before the Secretary or the



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1hearing officer, to produce documentary evidence, or to give
2testimony touching the matter in question; and the court may
3punish any failures to obey such orders of the court as
5    A licensee may surrender any license by delivering to the
6Secretary written notice that he, they or it thereby surrenders
7such license, but such surrender shall not affect such
8licensee's civil or criminal liability for acts committed prior
9to such surrender, or affect the liability on his, their or its
10bond or bonds, or his, their or its policy or policies of
11insurance, required by this Act, or entitle such licensee to a
12return of any part of the annual license fee or fees.
13    Every license issued hereunder shall remain in force until
14the same shall expire, or shall have been surrendered,
15suspended or revoked in accordance with this Act, but the
16Secretary may on his own motion, issue new licenses to a
17licensee whose license or licenses shall have been revoked if
18no fact or condition then exists which clearly would have
19warranted the Secretary in refusing originally the issuance of
20such license under this Act.
21(Source: P.A. 97-315, eff. 1-1-12.)
22    (205 ILCS 405/18)  (from Ch. 17, par. 4834)
23    Sec. 18. Proof of address. The applicant for a community
24currency exchange license shall have a permanent address as
25evidenced by a lease of at least 6 six months duration or other



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1suitable evidence of permanency, and the license issued,
2pursuant to the application shall be valid only at that address
3or any new address approved by the Secretary. A letter of
4intent for a lease shall suffice for inclusion with the
5application, and evidence of an executed lease shall be
6considered ministerial in nature, to be furnished once the
7investigation is completed, the approval final, and prior to
8the issuance of the license.
9(Source: P.A. 97-315, eff. 1-1-12.)".