Full Text of HB2752 100th General Assembly
HB2752ham001 100TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/1/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2752
| 2 | | AMENDMENT NO. ______. Amend House Bill 2752 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing Sections 12 and 13 as follows:
| 6 | | 20 ILCS 2630/12)
| 7 | | Sec. 12. Entry of order; effect of expungement or sealing | 8 | | records.
| 9 | | (a) Except with respect to law enforcement agencies, the | 10 | | Department of
Corrections, State's Attorneys, or other | 11 | | prosecutors, and as provided in Section 13 of this Act, an | 12 | | expunged or sealed
record may not be considered by any private | 13 | | or
public entity in employment matters, certification, | 14 | | licensing, revocation
of certification or licensure, or | 15 | | registration. Applications for
employment must contain | 16 | | specific language which states that the
applicant is not |
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| 1 | | obligated to disclose sealed or expunged records of
conviction | 2 | | or arrest. The entity authorized to grant a license, | 3 | | certification, or registration shall include, in an | 4 | | application for certification, registration, or licensure, | 5 | | specific language stating that the applicant is not obligated | 6 | | to disclose sealed or expunged records of a conviction or | 7 | | arrest; however, if the inclusion of that language in an | 8 | | application for certification, registration, or licensure is | 9 | | not practical, the entity shall publish on its website | 10 | | instructions specifying that applicants are not obligated to | 11 | | disclose sealed or expunged records of a conviction or arrest. | 12 | | Employers and entities authorized to grant professional | 13 | | licenses, certifications, or registrations may not ask if an | 14 | | applicant has had
records expunged or sealed.
| 15 | | (b) A person whose records have been sealed or expunged is | 16 | | not entitled to
remission of any fines, costs, or other money | 17 | | paid as a consequence of
the sealing or expungement. This | 18 | | amendatory Act of the 93rd General
Assembly does not affect the | 19 | | right of the victim of a crime to prosecute
or defend a civil | 20 | | action for damages. Persons engaged in civil litigation
| 21 | | involving criminal records that have been sealed may
petition | 22 | | the court to open the records for the limited purpose of using
| 23 | | them in the course of litigation.
| 24 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
| 25 | | (20 ILCS 2630/13)
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| 1 | | Sec. 13. Retention and release of sealed records. | 2 | | (a) The Department of State Police shall retain records | 3 | | sealed under
subsection (c) or (e-5) of Section 5.2 or | 4 | | impounded under subparagraph (B) or (B-5) of paragraph (9) of | 5 | | subsection (d) of Section 5.2 and shall release them only as | 6 | | authorized by this Act. Felony records sealed under subsection | 7 | | (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) | 8 | | or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| 9 | | shall be used and
disseminated by the Department only as | 10 | | otherwise specifically required or authorized by a federal or | 11 | | State law, rule, or regulation that requires inquiry into and | 12 | | release of criminal records, including, but not limited to, | 13 | | subsection (A) of Section 3 of this Act , except such records | 14 | | shall not be used or disseminated in connection with an | 15 | | application for any professional or business licensure, | 16 | | registration, or certification not involving a health care | 17 | | worker position as defined in the Health Care Worker | 18 | | Self-Referral Act . However, all requests for records that have | 19 | | been expunged, sealed, and impounded and the use of those | 20 | | records are subject to the provisions of Section 2-103 of the | 21 | | Illinois Human Rights Act. Upon
conviction for any offense, the | 22 | | Department of Corrections shall have
access to all sealed | 23 | | records of the Department pertaining to that
individual. | 24 | | (b) Notwithstanding the foregoing, all sealed or impounded | 25 | | records are subject to inspection and use by the court and | 26 | | inspection and use by law enforcement agencies and State's |
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| 1 | | Attorneys or other prosecutors in carrying out the duties of | 2 | | their offices.
| 3 | | (c) The sealed or impounded records maintained under | 4 | | subsection (a) are exempt from
disclosure under the Freedom of | 5 | | Information Act. | 6 | | (d) The Department of State Police shall commence the | 7 | | sealing of records of felony arrests and felony convictions | 8 | | pursuant to the provisions of subsection (c) of Section 5.2 of | 9 | | this Act no later than one year from the date that funds have | 10 | | been made available for purposes of establishing the | 11 | | technologies necessary to implement the changes made by this | 12 | | amendatory Act of the 93rd General Assembly.
| 13 | | (Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; | 14 | | 98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
| 15 | | Section 10. The Illinois Insurance Code is amended by | 16 | | changing Sections 500-30, 500-70, 1525, and 1555 and by adding | 17 | | Sections 500-76 and 1550 as follows:
| 18 | | (215 ILCS 5/500-30)
| 19 | | (Section scheduled to be repealed on January 1, 2027)
| 20 | | Sec. 500-30. Application for license.
| 21 | | (a) An individual applying for a resident insurance | 22 | | producer license must
make
application on a form specified by | 23 | | the Director and declare under penalty of
refusal, suspension,
| 24 | | or revocation of the license that the statements made in the |
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| 1 | | application are
true, correct, and
complete to the best of the | 2 | | individual's knowledge and belief. Before
approving the | 3 | | application,
the Director must find that the individual:
| 4 | | (1) is at least 18 years of age;
| 5 | | (2) has not committed any act that is a ground for | 6 | | denial, suspension, or
revocation set forth in Section | 7 | | 500-70 or 500-76 or the individual who committed the act | 8 | | has been sufficiently rehabilitated ;
| 9 | | (3) has completed, if required by the Director, a | 10 | | pre-licensing course
of
study before the insurance exam for | 11 | | the lines of authority for which the individual has applied | 12 | | (an
individual who
successfully completes the Fire and | 13 | | Casualty pre-licensing courses also meets
the
requirements | 14 | | for Personal Lines-Property and Casualty);
| 15 | | (4) has paid the fees set forth in Section 500-135; and
| 16 | | (5) has successfully passed the examinations for the | 17 | | lines of authority
for
which the person has applied.
| 18 | | (b) A pre-licensing course of study for each class of | 19 | | insurance for which
an insurance
producer license is requested | 20 | | must be established in accordance with rules
prescribed by the
| 21 | | Director and must consist of the following minimum hours:
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22 | | Class of Insurance |
Number of |
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23 | | |
Hours |
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24 | | Life (Class 1 (a)) |
20 |
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25 | | Accident and Health (Class 1(b) or 2(a)) |
20 |
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26 | | Fire (Class 3) |
20 |
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| 1 | | Casualty (Class 2) |
20 |
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2 | | Personal Lines-Property Casualty |
20 |
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3 | | Motor Vehicle (Class 2(b) or 3(e)) |
12.5 |
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4 | | 7.5 hours of each pre-licensing course must be completed in | 5 | | a classroom setting, except Motor Vehicle, which would require | 6 | | 5 hours in a classroom setting. | 7 | | (c) A business entity acting as an insurance producer must | 8 | | obtain an
insurance
producer license. Application must be made | 9 | | using the Uniform Business Entity
Application.
Before | 10 | | approving the application, the Director must find that:
| 11 | | (1) the business entity has paid the fees set forth in | 12 | | Section 500-135;
and
| 13 | | (2) the business entity has designated a licensed | 14 | | producer responsible for
the
business entity's compliance | 15 | | with the insurance laws and rules of this State.
| 16 | | (d) The Director may require any documents reasonably | 17 | | necessary to verify
the
information contained in an | 18 | | application.
| 19 | | (Source: P.A. 96-839, eff. 1-1-10 .)
| 20 | | (215 ILCS 5/500-70)
| 21 | | (Section scheduled to be repealed on January 1, 2027)
| 22 | | Sec. 500-70. License denial, nonrenewal, or revocation.
| 23 | | (a) The Director may place on probation, suspend, revoke, | 24 | | or refuse to issue
or renew
an insurance producer's license , | 25 | | may issue a license with monitoring requirements, or may levy a |
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| 1 | | civil penalty in accordance with
this Section or
take any | 2 | | combination of actions, for any one or more of the following | 3 | | causes:
| 4 | | (1) providing incorrect, misleading, incomplete, or | 5 | | materially untrue
information in the license application;
| 6 | | (2) violating any insurance laws, or violating any | 7 | | rule, subpoena, or
order of
the Director or of another | 8 | | state's insurance commissioner;
| 9 | | (3) obtaining or attempting to obtain a license through | 10 | | misrepresentation
or
fraud;
| 11 | | (4) improperly withholding, misappropriating or | 12 | | converting any moneys or
properties received in the course | 13 | | of doing insurance business;
| 14 | | (5) intentionally misrepresenting the terms of an | 15 | | actual or proposed
insurance
contract or application for | 16 | | insurance;
| 17 | | (6) for licensees, having been convicted of a felony , | 18 | | unless the individual demonstrates to the Director | 19 | | sufficient rehabilitation to warrant the public trust ;
| 20 | | (7) having admitted or been found to have committed any | 21 | | insurance unfair
trade practice or fraud;
| 22 | | (8) using fraudulent, coercive, or dishonest | 23 | | practices, or demonstrating
incompetence, | 24 | | untrustworthiness or financial irresponsibility in the | 25 | | conduct of
business in
this State or elsewhere;
| 26 | | (9) having an insurance producer license,
or its |
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| 1 | | equivalent, denied, suspended,
or revoked in any other | 2 | | state, province, district or territory;
| 3 | | (10) forging a name to an application for insurance or | 4 | | to a document
related
to
an insurance transaction;
| 5 | | (11) improperly using notes or any other reference | 6 | | material to complete an
examination for an insurance | 7 | | license;
| 8 | | (12) knowingly accepting insurance business from an | 9 | | individual who is not
licensed;
| 10 | | (13) failing to comply with an administrative or court | 11 | | order imposing a
child
support obligation;
| 12 | | (14) failing to pay state income tax or penalty or | 13 | | interest or comply with
any
administrative or court order | 14 | | directing payment of state income tax or failed
to file a
| 15 | | return or to pay any final assessment of any tax due to the | 16 | | Department of
Revenue;
| 17 | | (15) failing to make satisfactory repayment to the | 18 | | Illinois Student
Assistance
Commission for a delinquent or | 19 | | defaulted student loan; or
| 20 | | (16) failing to comply with any provision of the | 21 | | Viatical Settlements Act of 2009. | 22 | | (b) If the action by the Director is to nonrenew, suspend, | 23 | | or revoke a
license or to
deny an application for a license, | 24 | | the Director shall notify the applicant or
licensee and advise, | 25 | | in
writing, the applicant or licensee of the reason for the | 26 | | suspension,
revocation, denial or
nonrenewal of the |
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| 1 | | applicant's or licensee's license. The applicant or licensee
| 2 | | may make written
demand upon the Director within 30 days after | 3 | | the date of mailing for a hearing
before the
Director to | 4 | | determine the reasonableness of the Director's action. The | 5 | | hearing
must be held
within not fewer than 20 days nor more | 6 | | than 30 days after the mailing of the
notice of hearing
and | 7 | | shall be held pursuant to 50 Ill. Adm. Code 2402.
| 8 | | (c) The license of a business entity may be suspended, | 9 | | revoked, or refused
if the
Director finds, after hearing, that | 10 | | an individual licensee's violation was
known or should have
| 11 | | been known by one or more of the partners, officers, or | 12 | | managers acting on
behalf of the
partnership, corporation, | 13 | | limited liability company, or limited liability
partnership | 14 | | and the
violation was neither reported to the Director nor | 15 | | corrective action taken.
| 16 | | (d) In addition to or instead of any applicable denial, | 17 | | suspension, or
revocation of a
license, a person may, after | 18 | | hearing, be subject to a civil penalty of up to
$10,000 for | 19 | | each cause for
denial, suspension, or revocation, however, the | 20 | | civil penalty may total no more
than $100,000.
| 21 | | (e) The Director has the authority to enforce the | 22 | | provisions of and impose
any penalty
or remedy authorized by | 23 | | this Article against any person who is under
investigation for | 24 | | or charged
with a violation of this Code or rules even if the | 25 | | person's license or
registration has been
surrendered or has | 26 | | lapsed by operation of law.
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| 1 | | (f) Upon the suspension, denial, or revocation of a | 2 | | license, the licensee or
other
person having possession or | 3 | | custody of the license shall promptly deliver it to
the | 4 | | Director in
person or by mail. The Director shall publish all | 5 | | suspensions, denials, or
revocations after the
suspensions, | 6 | | denials, or revocations become final in a manner designed to
| 7 | | notify interested
insurance companies and other persons.
| 8 | | (g) A person whose license is revoked or whose application | 9 | | is denied
pursuant to this
Section is ineligible to apply for | 10 | | any license for 3 years after the revocation
or denial. A | 11 | | person
whose license as an insurance producer has been revoked, | 12 | | suspended, or denied
may not be
employed, contracted, or | 13 | | engaged in any insurance related capacity during the
time the
| 14 | | revocation, suspension, or denial is in effect.
| 15 | | (Source: P.A. 96-736, eff. 7-1-10 .)
| 16 | | (215 ILCS 5/500-76 new) | 17 | | Sec. 500-76. Applicant convictions. | 18 | | (a) The Director and the Department shall not require | 19 | | applicants to report the following information and shall not | 20 | | collect and consider the following criminal history records in | 21 | | connection with an insurance producer license application: | 22 | | (1) Juvenile adjudications of delinquent minors as | 23 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 24 | | subject to the restrictions set forth in Section 5-130 of | 25 | | that Act. |
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| 1 | | (2) Law enforcement records, court records, and | 2 | | conviction records of an individual who was 17 years old at | 3 | | the time of the offense and before January 1, 2014, unless | 4 | | the nature of the offense required the individual to be | 5 | | tried as an adult. | 6 | | (3) Records of arrest not followed by a conviction | 7 | | unless related to the duties and responsibilities of an | 8 | | insurance producer. However, applicants shall not be asked | 9 | | to report any arrests, and an arrest not followed by a | 10 | | conviction shall not be the basis of a denial and may be | 11 | | used only to assess an applicant's rehabilitation. | 12 | | (4) Convictions overturned by a higher court. | 13 | | (5) Convictions or arrests that have been sealed or | 14 | | expunged. | 15 | | (b) When reviewing a conviction of a felony of the | 16 | | applicant for the purpose of determining whether to grant a | 17 | | license, the Director shall consider any evidence of | 18 | | rehabilitation and mitigating factors contained in the | 19 | | applicant's record, including any of the following: | 20 | | (1) the lack of direct relation of the offense for | 21 | | which the applicant was previously convicted to the duties, | 22 | | functions, and responsibilities of the position for which a | 23 | | license is sought; | 24 | | (2) whether 5 years since a felony conviction or 3 | 25 | | years since release from confinement for the conviction, | 26 | | whichever is later, have passed without a subsequent |
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| 1 | | conviction; | 2 | | (3) if the applicant was previously licensed or | 3 | | employed in this State or other states or jurisdictions, | 4 | | then the lack of prior misconduct arising from or related | 5 | | to the licensed position or position of employment; | 6 | | (4) the age of the person at the time of the criminal | 7 | | offense; | 8 | | (5) successful completion of sentence and, for | 9 | | applicants serving a term of parole or probation, a | 10 | | progress report provided by the applicant's probation or | 11 | | parole officer that documents the applicant's compliance | 12 | | with conditions of supervision; | 13 | | (6) evidence of the applicant's present fitness and | 14 | | professional character; | 15 | | (7) evidence of rehabilitation or rehabilitative | 16 | | effort during or after incarceration or during or after a | 17 | | term of supervision, including, but not limited to, a | 18 | | certificate of good conduct under Section 5-5.5-25 of the | 19 | | Unified Code of Corrections or certificate of relief from | 20 | | disabilities under Section 5-5.5-10 of the Unified Code of | 21 | | Corrections; and | 22 | | (8) any other mitigating factors that contribute to the | 23 | | person's potential and current ability to perform the | 24 | | duties and responsibilities of an insurance producer. | 25 | | (c) It is the affirmative obligation of the Director to | 26 | | demonstrate that a prior conviction would impair the ability of |
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| 1 | | the applicant to engage in the licensed practice. If the | 2 | | Director refuses to issue a license to an applicant, then the | 3 | | Director shall notify the applicant of the denial in writing | 4 | | with the following included in the notice of denial: | 5 | | (1) a statement about the decision to refuse to issue a | 6 | | license; | 7 | | (2) a list of the convictions that were the sole or | 8 | | partial basis for the refusal to issue a license; | 9 | | (3) a list of the mitigating evidence presented by the | 10 | | applicant; | 11 | | (4) reasons for refusing to issue a license specific to | 12 | | the evidence presented in mitigation of conviction items | 13 | | that formed the partial or sole basis for the Director's | 14 | | decision; and | 15 | | (5) a summary of the appeal process or the earliest the | 16 | | applicant may reapply for a license, whichever is | 17 | | applicable. | 18 | | (d) No later than May 1 of each year, the Director shall | 19 | | prepare, publicly announce, and publish a report of summary | 20 | | statistical information relating to new and renewal insurance | 21 | | producer license applications during the preceding calendar | 22 | | year. Each report shall show at minimum: | 23 | | (1) the number of applicants for new or renewal license | 24 | | under this Act within the previous calendar year; | 25 | | (2) the number of applicants for new or renewal license | 26 | | under this Act within the previous calendar year who had |
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| 1 | | any criminal conviction; | 2 | | (3) the number of applicants for new or renewal license | 3 | | under this Act in the previous calendar year who were | 4 | | granted a license; | 5 | | (4) the number of applicants for new or renewal license | 6 | | with a criminal conviction who were granted a license under | 7 | | this Act within the previous calendar year; | 8 | | (5) the number of applicants for new or renewal license | 9 | | under this Act within the previous calendar year who were | 10 | | denied a license; | 11 | | (6) the number of applicants for new or renewal license | 12 | | with a criminal conviction who were denied a license under | 13 | | this Act in the previous calendar year in whole or in part | 14 | | because of a prior conviction; | 15 | | (7) the number of licenses without monitoring | 16 | | requirements issued under this Act in the previous calendar | 17 | | year to applicants with a felony conviction; and | 18 | | (8) the number of probationary licenses with | 19 | | monitoring issued under this Act in the previous calendar | 20 | | year to applicants with a felony conviction. | 21 | | (215 ILCS 5/1525)
| 22 | | Sec. 1525. Resident license. | 23 | | (a) Before issuing a public adjuster license to an | 24 | | applicant under this Section, the Director shall find that the | 25 | | applicant: |
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| 1 | | (1) is eligible to designate this State as his or her | 2 | | home state or is a nonresident who is not eligible for a | 3 | | license under Section 1540; | 4 | | (2) is sufficiently rehabilitated in cases in which the | 5 | | applicant has not committed any act that is a ground for | 6 | | denial, suspension, or revocation of a license as set forth | 7 | | in Section 1555; | 8 | | (3) is trustworthy, reliable, competent, and of good | 9 | | reputation, evidence of which may be determined by the | 10 | | Director; | 11 | | (4) is financially responsible to exercise the license | 12 | | and has provided proof of financial responsibility as | 13 | | required in Section 1560 of this Article; and | 14 | | (5) maintains an office in the home state of residence | 15 | | with public access by reasonable appointment or regular | 16 | | business hours. This includes a designated office within a | 17 | | home state of residence. | 18 | | (b) In addition to satisfying the requirements of | 19 | | subsection (a) of this Section, an individual shall: | 20 | | (1) be at least 18 years of age; | 21 | | (2) have successfully passed the public adjuster | 22 | | examination; | 23 | | (3) designate a licensed individual public adjuster | 24 | | responsible for the business entity's compliance with the | 25 | | insurance laws, rules, and regulations of this State; and | 26 | | (4) designate only licensed individual public |
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| 1 | | adjusters to exercise the business entity's license. | 2 | | (c) The Director may require any documents reasonably | 3 | | necessary to verify the information contained in the | 4 | | application.
| 5 | | (Source: P.A. 96-1332, eff. 1-1-11.) | 6 | | (215 ILCS 5/1550 new) | 7 | | Sec. 1550. Applicant convictions. | 8 | | (a) The Director and the Department shall not require | 9 | | applicants to report the following information and shall not | 10 | | collect or consider the following criminal history records in | 11 | | connection with a public adjuster license application: | 12 | | (1) Juvenile adjudications of delinquent minors as | 13 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 14 | | subject to the restrictions set forth in Section 5-130 of | 15 | | that Act. | 16 | | (2) Law enforcement records, court records, and | 17 | | conviction records of an individual who was 17 years old at | 18 | | the time of the offense and before January 1, 2014, unless | 19 | | the nature of the offense required the individual to be | 20 | | tried as an adult. | 21 | | (3) Records of arrest not followed by a conviction | 22 | | unless related to the duties and responsibilities of a | 23 | | public adjuster. However, applicants shall not be asked to | 24 | | report any arrests, and an arrest not followed by a | 25 | | conviction shall not be the basis of a denial and may be |
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| 1 | | used only to assess an applicant's rehabilitation. | 2 | | (4) Convictions overturned by a higher court. | 3 | | (5) Convictions or arrests that have been sealed or | 4 | | expunged. | 5 | | (b) When reviewing a conviction of any misdemeanor directly | 6 | | related to the practice of the profession or of any felony of | 7 | | the applicant for the purpose of determining whether to grant a | 8 | | license, the Director shall consider any evidence of | 9 | | rehabilitation and mitigating factors contained in the | 10 | | applicant's record, including any of the following: | 11 | | (1) the lack of direct relation of the offense for | 12 | | which the applicant was previously convicted to the duties, | 13 | | functions, and responsibilities of the position for which a | 14 | | license is sought; | 15 | | (2) the amount of time that has elapsed since the | 16 | | offense occurred; | 17 | | (3) if the applicant was previously licensed or | 18 | | employed in this State or other states or jurisdictions, | 19 | | then the lack of prior misconduct arising from or related | 20 | | to the licensed position or position of employment; | 21 | | (4) whether 5 years since a felony conviction or 3 | 22 | | years since release from confinement for the conviction, | 23 | | whichever is later, have passed without a subsequent | 24 | | conviction; | 25 | | (5) successful completion of sentence and, for | 26 | | applicants serving a term of parole or probation, a |
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| 1 | | progress report provided by the applicant's probation or | 2 | | parole officer that documents the applicant's compliance | 3 | | with conditions of supervision; | 4 | | (6) evidence of the applicant's present fitness and | 5 | | professional character; | 6 | | (7) evidence of rehabilitation or rehabilitative | 7 | | effort during or after incarceration or during or after a | 8 | | term of supervision, including, but not limited to, a | 9 | | certificate of good conduct under Section 5-5.5-25 of the | 10 | | Unified Code of Corrections or certificate of relief from | 11 | | disabilities under Section 5-5.5-10 of the Unified Code of | 12 | | Corrections; and | 13 | | (8) any other mitigating factors that contribute to the | 14 | | person's potential and current ability to perform the | 15 | | duties and responsibilities of a public adjuster. | 16 | | (c) It is the affirmative obligation of the Director to | 17 | | demonstrate that a prior conviction would impair the ability of | 18 | | the applicant to engage in the licensed practice. If the | 19 | | Director refuses to issue a license to an applicant, then the | 20 | | Director shall notify the applicant of the denial in writing | 21 | | with the following included in the notice of denial: | 22 | | (1) a statement about the decision to refuse to issue a | 23 | | license; | 24 | | (2) a list of the convictions that were the sole or | 25 | | partial basis for the refusal to issue a license; | 26 | | (3) a list of the mitigating evidence presented by the |
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| 1 | | applicant; | 2 | | (4) reasons for refusing to issue a license specific to | 3 | | the evidence presented in mitigation of conviction items | 4 | | that formed the partial or sole basis for the Director's | 5 | | decision; and | 6 | | (5) a summary of the appeal process or the earliest the | 7 | | applicant may reapply for a license, whichever is | 8 | | applicable. | 9 | | (d) No later than May 1 of each year, the Director shall | 10 | | prepare, publicly announce, and publish a report of summary | 11 | | statistical information relating to new and renewal public | 12 | | adjuster license applications during the preceding calendar | 13 | | year. Each report shall show at minimum: | 14 | | (1) the number of applicants for new or renewal license | 15 | | under this Act within the previous calendar year; | 16 | | (2) the number of applicants for new or renewal license | 17 | | under this Act within the previous calendar year who had | 18 | | any criminal conviction; | 19 | | (3) the number of applicants for new or renewal license | 20 | | under this Act in the previous calendar year who were | 21 | | granted a license; | 22 | | (4) the number of applicants for new or renewal license | 23 | | with a criminal conviction who were granted a license under | 24 | | this Act within the previous calendar year; | 25 | | (5) the number of applicants for new or renewal license | 26 | | under this Act within the previous calendar year who were |
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| 1 | | denied a license; | 2 | | (6) the number of applicants with a criminal conviction | 3 | | who were denied a new or renewal license under this Act in | 4 | | the previous calendar year in whole or in part because of a | 5 | | prior conviction; | 6 | | (7) the number of licenses without monitoring | 7 | | requirements issued under this Act in the previous calendar | 8 | | year to applicants with convictions; and | 9 | | (8) the number of licenses with monitoring issued under | 10 | | this Act in the previous calendar year to applicants with | 11 | | criminal conviction. | 12 | | (215 ILCS 5/1555)
| 13 | | Sec. 1555. License denial, nonrenewal, or revocation. | 14 | | (a) The Director may place on probation, suspend, revoke, | 15 | | deny, or refuse to issue or renew a public adjuster's license | 16 | | or may levy a civil penalty or issue a license with monitoring | 17 | | requirements or any combination of actions, for any one or more | 18 | | of the following causes: | 19 | | (1) providing incorrect, misleading, incomplete, or | 20 | | materially untrue information in the license application; | 21 | | (2) violating any insurance laws, or violating any | 22 | | regulation, subpoena, or order of the Director or of | 23 | | another state's Director; | 24 | | (3) obtaining or attempting to obtain a license through | 25 | | misrepresentation or fraud; |
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| 1 | | (4) improperly withholding, misappropriating, or | 2 | | converting any monies or properties received in the course | 3 | | of doing insurance business; | 4 | | (5) intentionally misrepresenting the terms of an | 5 | | actual or proposed insurance contract or application for | 6 | | insurance; | 7 | | (6) for licensees, having been convicted of a felony or | 8 | | misdemeanor involving dishonesty or fraud, unless the | 9 | | individual demonstrates to the Director sufficient | 10 | | rehabilitation to warrant the public trust; | 11 | | (7) having admitted or been found to have committed any | 12 | | insurance unfair trade practice or insurance fraud; | 13 | | (8) using fraudulent, coercive, or dishonest | 14 | | practices; or demonstrating incompetence, | 15 | | untrustworthiness, or financial irresponsibility in the | 16 | | conduct of business in this State or elsewhere; | 17 | | (9) having an insurance license or public adjuster | 18 | | license or its equivalent, denied, suspended, or revoked in | 19 | | any other state, province, district, or territory; | 20 | | (10) forging another's name to an application for | 21 | | insurance or to any document related to an insurance | 22 | | transaction; | 23 | | (11) cheating, including improperly using notes or any | 24 | | other reference material, to complete an examination for an | 25 | | insurance license or public adjuster license; | 26 | | (12) knowingly accepting insurance business from or |
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| 1 | | transacting business with an individual who is not licensed | 2 | | but who is required to be licensed by the Director; | 3 | | (13) failing to comply with an administrative or court | 4 | | order imposing a child support obligation; | 5 | | (14) failing to pay State income tax or comply with any | 6 | | administrative or court order directing payment of State | 7 | | income tax; | 8 | | (15) failing to comply with or having violated any of | 9 | | the standards set forth in Section 1590 of this Law; or | 10 | | (16) failing to maintain the records required by | 11 | | Section 1585 of this Law. | 12 | | (b) If the action by the Director is to nonrenew, suspend, | 13 | | or revoke a license or to deny an application for a license, | 14 | | the Director shall notify the applicant or licensee and advise, | 15 | | in writing, the applicant or licensee of the reason for the | 16 | | suspension, revocation, denial, or nonrenewal of the | 17 | | applicant's or licensee's license. The applicant or licensee | 18 | | may make written demand upon the Director within 30 days after | 19 | | the date of mailing for a hearing before the Director to | 20 | | determine the reasonableness of the Director's action. The | 21 | | hearing must be held within not fewer than 20 days nor more | 22 | | than 30 days after the mailing of the notice of hearing and | 23 | | shall be held pursuant to 50 Ill. Adm. Code 2402. | 24 | | (c) The license of a business entity may be suspended, | 25 | | revoked, or refused if the Director finds, after hearing, that | 26 | | an individual licensee's violation was known or should have |
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| 1 | | been known by one or more of the partners, officers, or | 2 | | managers acting on behalf of the business entity and the | 3 | | violation was neither reported to the Director, nor corrective | 4 | | action taken. | 5 | | (d) In addition to or in lieu of any applicable denial, | 6 | | suspension or revocation of a license, a person may, after | 7 | | hearing, be subject to a civil penalty. In addition to or | 8 | | instead of any applicable denial, suspension, or revocation of | 9 | | a license, a person may, after hearing, be subject to a civil | 10 | | penalty of up to $10,000 for each cause for denial, suspension, | 11 | | or revocation, however, the civil penalty may total no more | 12 | | than $100,000. | 13 | | (e) The Director shall retain the authority to enforce the | 14 | | provisions of and impose any penalty or remedy authorized by | 15 | | this Article against any person who is under investigation for | 16 | | or charged with a violation of this Article even if the | 17 | | person's license or registration has been surrendered or has | 18 | | lapsed by operation of law. | 19 | | (f) Any individual whose public adjuster's license is | 20 | | revoked or whose application is denied pursuant to this Section | 21 | | shall be ineligible to apply for a public adjuster's license | 22 | | for 5 years. A suspension pursuant to this Section may be for | 23 | | any period of time up to 5 years.
| 24 | | (Source: P.A. 96-1332, eff. 1-1-11.)
| 25 | | Section 99. Effective date. This Act takes effect January |
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| 1 | | 1, 2018.".
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