HB2752ham001 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/1/2017

 

 


 

 


 
10000HB2752ham001LRB100 08572 SMS 22383 a

1
AMENDMENT TO HOUSE BILL 2752

2    AMENDMENT NO. ______. Amend House Bill 2752 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Sections 12 and 13 as follows:
 
6    20 ILCS 2630/12)
7    Sec. 12. Entry of order; effect of expungement or sealing
8records.
9    (a) Except with respect to law enforcement agencies, the
10Department of Corrections, State's Attorneys, or other
11prosecutors, and as provided in Section 13 of this Act, an
12expunged or sealed record may not be considered by any private
13or public entity in employment matters, certification,
14licensing, revocation of certification or licensure, or
15registration. Applications for employment must contain
16specific language which states that the applicant is not

 

 

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1obligated to disclose sealed or expunged records of conviction
2or arrest. The entity authorized to grant a license,
3certification, or registration shall include, in an
4application for certification, registration, or licensure,
5specific language stating that the applicant is not obligated
6to disclose sealed or expunged records of a conviction or
7arrest; however, if the inclusion of that language in an
8application for certification, registration, or licensure is
9not practical, the entity shall publish on its website
10instructions specifying that applicants are not obligated to
11disclose sealed or expunged records of a conviction or arrest.
12Employers and entities authorized to grant professional
13licenses, certifications, or registrations may not ask if an
14applicant has had records expunged or sealed.
15    (b) A person whose records have been sealed or expunged is
16not entitled to remission of any fines, costs, or other money
17paid as a consequence of the sealing or expungement. This
18amendatory Act of the 93rd General Assembly does not affect the
19right of the victim of a crime to prosecute or defend a civil
20action for damages. Persons engaged in civil litigation
21involving criminal records that have been sealed may petition
22the court to open the records for the limited purpose of using
23them 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
3sealed under subsection (c) or (e-5) of Section 5.2 or
4impounded under subparagraph (B) or (B-5) of paragraph (9) of
5subsection (d) of Section 5.2 and shall release them only as
6authorized by this Act. Felony records sealed under subsection
7(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)
8or (B-5) of paragraph (9) of subsection (d) of Section 5.2
9shall be used and disseminated by the Department only as
10otherwise specifically required or authorized by a federal or
11State law, rule, or regulation that requires inquiry into and
12release of criminal records, including, but not limited to,
13subsection (A) of Section 3 of this Act, except such records
14shall not be used or disseminated in connection with an
15application for any professional or business licensure,
16registration, or certification not involving a health care
17worker position as defined in the Health Care Worker
18Self-Referral Act. However, all requests for records that have
19been expunged, sealed, and impounded and the use of those
20records are subject to the provisions of Section 2-103 of the
21Illinois Human Rights Act. Upon conviction for any offense, the
22Department of Corrections shall have access to all sealed
23records of the Department pertaining to that individual.
24    (b) Notwithstanding the foregoing, all sealed or impounded
25records are subject to inspection and use by the court and
26inspection and use by law enforcement agencies and State's

 

 

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1Attorneys or other prosecutors in carrying out the duties of
2their offices.
3    (c) The sealed or impounded records maintained under
4subsection (a) are exempt from disclosure under the Freedom of
5Information Act.
6    (d) The Department of State Police shall commence the
7sealing of records of felony arrests and felony convictions
8pursuant to the provisions of subsection (c) of Section 5.2 of
9this Act no later than one year from the date that funds have
10been made available for purposes of establishing the
11technologies necessary to implement the changes made by this
12amendatory Act of the 93rd General Assembly.
13(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
1498-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
 
15    Section 10. The Illinois Insurance Code is amended by
16changing Sections 500-30, 500-70, 1525, and 1555 and by adding
17Sections 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
22producer license must make application on a form specified by
23the Director and declare under penalty of refusal, suspension,
24or revocation of the license that the statements made in the

 

 

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1application are true, correct, and complete to the best of the
2individual's knowledge and belief. Before approving the
3application, 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
19insurance for which an insurance producer license is requested
20must be established in accordance with rules prescribed by the
21Director and must consist of the following minimum hours:
22Class of InsuranceNumber of
23Hours
24Life (Class 1 (a))20
25Accident and Health (Class 1(b) or 2(a))20
26Fire (Class 3)20

 

 

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1Casualty (Class 2)20
2Personal Lines-Property Casualty20
3Motor Vehicle (Class 2(b) or 3(e))12.5
4    7.5 hours of each pre-licensing course must be completed in
5a classroom setting, except Motor Vehicle, which would require
65 hours in a classroom setting.
7    (c) A business entity acting as an insurance producer must
8obtain an insurance producer license. Application must be made
9using the Uniform Business Entity Application. Before
10approving 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
17necessary to verify the information contained in an
18application.
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,
24or refuse to issue or renew an insurance producer's license,
25may issue a license with monitoring requirements, or may levy a

 

 

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1civil penalty in accordance with this Section or take any
2combination of actions, for any one or more of the following
3causes:
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,
23or revoke a license or to deny an application for a license,
24the Director shall notify the applicant or licensee and advise,
25in writing, the applicant or licensee of the reason for the
26suspension, revocation, denial or nonrenewal of the

 

 

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1applicant's or licensee's license. The applicant or licensee
2may make written demand upon the Director within 30 days after
3the date of mailing for a hearing before the Director to
4determine the reasonableness of the Director's action. The
5hearing must be held within not fewer than 20 days nor more
6than 30 days after the mailing of the notice of hearing and
7shall be held pursuant to 50 Ill. Adm. Code 2402.
8    (c) The license of a business entity may be suspended,
9revoked, or refused if the Director finds, after hearing, that
10an individual licensee's violation was known or should have
11been known by one or more of the partners, officers, or
12managers acting on behalf of the partnership, corporation,
13limited liability company, or limited liability partnership
14and the violation was neither reported to the Director nor
15corrective action taken.
16    (d) In addition to or instead of any applicable denial,
17suspension, or revocation of a license, a person may, after
18hearing, be subject to a civil penalty of up to $10,000 for
19each cause for denial, suspension, or revocation, however, the
20civil penalty may total no more than $100,000.
21    (e) The Director has the authority to enforce the
22provisions of and impose any penalty or remedy authorized by
23this Article against any person who is under investigation for
24or charged with a violation of this Code or rules even if the
25person's license or registration has been surrendered or has
26lapsed by operation of law.

 

 

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1    (f) Upon the suspension, denial, or revocation of a
2license, the licensee or other person having possession or
3custody of the license shall promptly deliver it to the
4Director in person or by mail. The Director shall publish all
5suspensions, denials, or revocations after the suspensions,
6denials, or revocations become final in a manner designed to
7notify interested insurance companies and other persons.
8    (g) A person whose license is revoked or whose application
9is denied pursuant to this Section is ineligible to apply for
10any license for 3 years after the revocation or denial. A
11person whose license as an insurance producer has been revoked,
12suspended, or denied may not be employed, contracted, or
13engaged in any insurance related capacity during the time the
14revocation, 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
19applicants to report the following information and shall not
20collect and consider the following criminal history records in
21connection 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
16applicant for the purpose of determining whether to grant a
17license, the Director shall consider any evidence of
18rehabilitation and mitigating factors contained in the
19applicant'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
26demonstrate that a prior conviction would impair the ability of

 

 

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1the applicant to engage in the licensed practice. If the
2Director refuses to issue a license to an applicant, then the
3Director shall notify the applicant of the denial in writing
4with 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
19prepare, publicly announce, and publish a report of summary
20statistical information relating to new and renewal insurance
21producer license applications during the preceding calendar
22year. 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
24applicant under this Section, the Director shall find that the
25applicant:

 

 

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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
19subsection (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
3necessary to verify the information contained in the
4application.
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
9applicants to report the following information and shall not
10collect or consider the following criminal history records in
11connection 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
6related to the practice of the profession or of any felony of
7the applicant for the purpose of determining whether to grant a
8license, the Director shall consider any evidence of
9rehabilitation and mitigating factors contained in the
10applicant'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
17demonstrate that a prior conviction would impair the ability of
18the applicant to engage in the licensed practice. If the
19Director refuses to issue a license to an applicant, then the
20Director shall notify the applicant of the denial in writing
21with 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
10prepare, publicly announce, and publish a report of summary
11statistical information relating to new and renewal public
12adjuster license applications during the preceding calendar
13year. 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,
15deny, or refuse to issue or renew a public adjuster's license
16or may levy a civil penalty or issue a license with monitoring
17requirements or any combination of actions, for any one or more
18of 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,
13or revoke a license or to deny an application for a license,
14the Director shall notify the applicant or licensee and advise,
15in writing, the applicant or licensee of the reason for the
16suspension, revocation, denial, or nonrenewal of the
17applicant's or licensee's license. The applicant or licensee
18may make written demand upon the Director within 30 days after
19the date of mailing for a hearing before the Director to
20determine the reasonableness of the Director's action. The
21hearing must be held within not fewer than 20 days nor more
22than 30 days after the mailing of the notice of hearing and
23shall be held pursuant to 50 Ill. Adm. Code 2402.
24    (c) The license of a business entity may be suspended,
25revoked, or refused if the Director finds, after hearing, that
26an individual licensee's violation was known or should have

 

 

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1been known by one or more of the partners, officers, or
2managers acting on behalf of the business entity and the
3violation was neither reported to the Director, nor corrective
4action taken.
5    (d) In addition to or in lieu of any applicable denial,
6suspension or revocation of a license, a person may, after
7hearing, be subject to a civil penalty. In addition to or
8instead of any applicable denial, suspension, or revocation of
9a license, a person may, after hearing, be subject to a civil
10penalty of up to $10,000 for each cause for denial, suspension,
11or revocation, however, the civil penalty may total no more
12than $100,000.
13    (e) The Director shall retain the authority to enforce the
14provisions of and impose any penalty or remedy authorized by
15this Article against any person who is under investigation for
16or charged with a violation of this Article even if the
17person's license or registration has been surrendered or has
18lapsed by operation of law.
19    (f) Any individual whose public adjuster's license is
20revoked or whose application is denied pursuant to this Section
21shall be ineligible to apply for a public adjuster's license
22for 5 years. A suspension pursuant to this Section may be for
23any 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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11, 2018.".