HB2752ham002 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/14/2017

 

 


 

 


 
10000HB2752ham002LRB100 08572 SMS 23293 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 Section 12 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 may not ask if an applicant has had records expunged
13or sealed.
14    (b) A person whose records have been sealed or expunged is
15not entitled to remission of any fines, costs, or other money
16paid as a consequence of the sealing or expungement. This
17amendatory Act of the 93rd General Assembly does not affect the
18right of the victim of a crime to prosecute or defend a civil
19action for damages. Persons engaged in civil litigation
20involving criminal records that have been sealed may petition
21the court to open the records for the limited purpose of using
22them in the course of litigation.
23(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
 
24    Section 10. The Illinois Insurance Code is amended by
25changing Sections 500-30, 500-70, 1525, and 1555 and by adding

 

 

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1Sections 500-76 and 1550 as follows:
 
2    (215 ILCS 5/500-30)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 500-30. Application for license.
5    (a) An individual applying for a resident insurance
6producer license must make application on a form specified by
7the Director and declare under penalty of refusal, suspension,
8or revocation of the license that the statements made in the
9application are true, correct, and complete to the best of the
10individual's knowledge and belief. Before approving the
11application, the Director must find that the individual:
12        (1) is at least 18 years of age;
13        (2) has not committed any act that is a ground for
14    denial, suspension, or revocation set forth in Section
15    500-70 or 500-76 or the individual who committed the act
16    has been sufficiently rehabilitated;
17        (3) has completed, if required by the Director, a
18    pre-licensing course of study before the insurance exam for
19    the lines of authority for which the individual has applied
20    (an individual who successfully completes the Fire and
21    Casualty pre-licensing courses also meets the requirements
22    for Personal Lines-Property and Casualty);
23        (4) has paid the fees set forth in Section 500-135; and
24        (5) has successfully passed the examinations for the
25    lines of authority for which the person has applied.

 

 

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1    (b) A pre-licensing course of study for each class of
2insurance for which an insurance producer license is requested
3must be established in accordance with rules prescribed by the
4Director and must consist of the following minimum hours:
5Class of InsuranceNumber of
6Hours
7Life (Class 1 (a))20
8Accident and Health (Class 1(b) or 2(a))20
9Fire (Class 3)20
10Casualty (Class 2)20
11Personal Lines-Property Casualty20
12Motor Vehicle (Class 2(b) or 3(e))12.5
13    7.5 hours of each pre-licensing course must be completed in
14a classroom setting, except Motor Vehicle, which would require
155 hours in a classroom setting.
16    (c) A business entity acting as an insurance producer must
17obtain an insurance producer license. Application must be made
18using the Uniform Business Entity Application. Before
19approving the application, the Director must find that:
20        (1) the business entity has paid the fees set forth in
21    Section 500-135; and
22        (2) the business entity has designated a licensed
23    producer responsible for the business entity's compliance
24    with the insurance laws and rules of this State.
25    (d) The Director may require any documents reasonably
26necessary to verify the information contained in an

 

 

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1application.
2(Source: P.A. 96-839, eff. 1-1-10.)
 
3    (215 ILCS 5/500-70)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 500-70. License denial, nonrenewal, or revocation.
6    (a) The Director may place on probation, suspend, revoke,
7or refuse to issue or renew an insurance producer's license,
8may issue a license with monitoring requirements, or may levy a
9civil penalty in accordance with this Section or take any
10combination of actions, for any one or more of the following
11causes:
12        (1) providing incorrect, misleading, incomplete, or
13    materially untrue information in the license application;
14        (2) violating any insurance laws, or violating any
15    rule, subpoena, or order of the Director or of another
16    state's insurance commissioner;
17        (3) obtaining or attempting to obtain a license through
18    misrepresentation or fraud;
19        (4) improperly withholding, misappropriating or
20    converting any moneys or properties received in the course
21    of doing insurance business;
22        (5) intentionally misrepresenting the terms of an
23    actual or proposed insurance contract or application for
24    insurance;
25        (6) for licensees, having been convicted of a felony,

 

 

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1    unless the individual demonstrates to the Director
2    sufficient rehabilitation to warrant the public trust;
3        (7) having admitted or been found to have committed any
4    insurance unfair trade practice or fraud;
5        (8) using fraudulent, coercive, or dishonest
6    practices, or demonstrating incompetence,
7    untrustworthiness or financial irresponsibility in the
8    conduct of business in this State or elsewhere;
9        (9) having an insurance producer license, or its
10    equivalent, denied, suspended, or revoked in any other
11    state, province, district or territory;
12        (10) forging a name to an application for insurance or
13    to a document related to an insurance transaction;
14        (11) improperly using notes or any other reference
15    material to complete an examination for an insurance
16    license;
17        (12) knowingly accepting insurance business from an
18    individual who is not licensed;
19        (13) failing to comply with an administrative or court
20    order imposing a child support obligation;
21        (14) failing to pay state income tax or penalty or
22    interest or comply with any administrative or court order
23    directing payment of state income tax or failed to file a
24    return or to pay any final assessment of any tax due to the
25    Department of Revenue;
26        (15) failing to make satisfactory repayment to the

 

 

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1    Illinois Student Assistance Commission for a delinquent or
2    defaulted student loan; or
3        (16) failing to comply with any provision of the
4    Viatical Settlements Act of 2009.
5    (b) If the action by the Director is to nonrenew, suspend,
6or revoke a license or to deny an application for a license,
7the Director shall notify the applicant or licensee and advise,
8in writing, the applicant or licensee of the reason for the
9suspension, revocation, denial or nonrenewal of the
10applicant's or licensee's license. The applicant or licensee
11may make written demand upon the Director within 30 days after
12the date of mailing for a hearing before the Director to
13determine the reasonableness of the Director's action. The
14hearing must be held within not fewer than 20 days nor more
15than 30 days after the mailing of the notice of hearing and
16shall be held pursuant to 50 Ill. Adm. Code 2402.
17    (c) The license of a business entity may be suspended,
18revoked, or refused if the Director finds, after hearing, that
19an individual licensee's violation was known or should have
20been known by one or more of the partners, officers, or
21managers acting on behalf of the partnership, corporation,
22limited liability company, or limited liability partnership
23and the violation was neither reported to the Director nor
24corrective action taken.
25    (d) In addition to or instead of any applicable denial,
26suspension, or revocation of a license, a person may, after

 

 

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1hearing, be subject to a civil penalty of up to $10,000 for
2each cause for denial, suspension, or revocation, however, the
3civil penalty may total no more than $100,000.
4    (e) The Director has the authority to enforce the
5provisions of and impose any penalty or remedy authorized by
6this Article against any person who is under investigation for
7or charged with a violation of this Code or rules even if the
8person's license or registration has been surrendered or has
9lapsed by operation of law.
10    (f) Upon the suspension, denial, or revocation of a
11license, the licensee or other person having possession or
12custody of the license shall promptly deliver it to the
13Director in person or by mail. The Director shall publish all
14suspensions, denials, or revocations after the suspensions,
15denials, or revocations become final in a manner designed to
16notify interested insurance companies and other persons.
17    (g) A person whose license is revoked or whose application
18is denied pursuant to this Section is ineligible to apply for
19any license for 3 years after the revocation or denial. A
20person whose license as an insurance producer has been revoked,
21suspended, or denied may not be employed, contracted, or
22engaged in any insurance related capacity during the time the
23revocation, suspension, or denial is in effect.
24(Source: P.A. 96-736, eff. 7-1-10.)
 
25    (215 ILCS 5/500-76 new)

 

 

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1    Sec. 500-76. Applicant convictions.
2    (a) The Director and the Department shall not require
3applicants to report the following information and shall not
4collect and consider the following criminal history records in
5connection with an insurance producer license application:
6        (1) Juvenile adjudications of delinquent minors as
7    defined in Section 5-105 of the Juvenile Court Act of 1987,
8    subject to the restrictions set forth in Section 5-130 of
9    that Act.
10        (2) Law enforcement records, court records, and
11    conviction records of an individual who was 17 years old at
12    the time of the offense and before January 1, 2014, unless
13    the nature of the offense required the individual to be
14    tried as an adult.
15        (3) Records of arrest not followed by a charge or
16    conviction.
17        (4) Records of arrest where charges were dismissed
18    unless related to the duties and responsibilities of an
19    insurance producer. However, applicants shall not be asked
20    to report any arrests, and any arrest not followed by a
21    conviction shall not be the basis of a denial and may be
22    used only to assess an applicant's rehabilitation.
23        (5) Convictions overturned by a higher court.
24        (6) Convictions or arrests that have been sealed or
25    expunged.
26    (b) When reviewing a conviction of a felony of the

 

 

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1applicant for the purpose of determining whether to grant a
2license, the Director shall consider any evidence of
3rehabilitation and mitigating factors contained in the
4applicant's record, including any of the following:
5        (1) the lack of direct relation of the offense for
6    which the applicant was previously convicted to the duties,
7    functions, and responsibilities of the position for which a
8    license is sought;
9        (2) whether 5 years since a felony conviction or 3
10    years since release from confinement for the conviction,
11    whichever is later, have passed without a subsequent
12    conviction;
13        (3) if the applicant was previously licensed or
14    employed in this State or other states or jurisdictions,
15    then the lack of prior misconduct arising from or related
16    to the licensed position or position of employment;
17        (4) the age of the person at the time of the criminal
18    offense;
19        (5) successful completion of sentence and, for
20    applicants serving a term of parole or probation, a
21    progress report provided by the applicant's probation or
22    parole officer that documents the applicant's compliance
23    with conditions of supervision;
24        (6) evidence of the applicant's present fitness and
25    professional character;
26        (7) evidence of rehabilitation or rehabilitative

 

 

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1    effort during or after incarceration or during or after a
2    term of supervision, including, but not limited to, a
3    certificate of good conduct under Section 5-5.5-25 of the
4    Unified Code of Corrections or certificate of relief from
5    disabilities under Section 5-5.5-10 of the Unified Code of
6    Corrections; and
7        (8) any other mitigating factors that contribute to the
8    person's potential and current ability to perform the
9    duties and responsibilities of an insurance producer.
10    (c) It is the affirmative obligation of the Director to
11demonstrate that a prior conviction would impair the ability of
12the applicant to engage in the licensed practice. If the
13Director refuses to issue a license to an applicant, then the
14Director shall notify the applicant of the denial in writing
15with the following included in the notice of denial:
16        (1) a statement about the decision to refuse to issue a
17    license;
18        (2) a list of the convictions that were the sole or
19    partial basis for the refusal to issue a license;
20        (3) a list of the mitigating evidence presented by the
21    applicant;
22        (4) reasons for refusing to issue a license specific to
23    the evidence presented in mitigation of conviction items
24    that formed the partial or sole basis for the Director's
25    decision; and
26        (5) a summary of the appeal process or the earliest the

 

 

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1    applicant may reapply for a license, whichever is
2    applicable.
3    (d) No later than May 1 of each year, the Director shall
4prepare, publicly announce, and publish a report of summary
5statistical information relating to new and renewal insurance
6producer license applications during the preceding calendar
7year. Each report shall show at minimum:
8        (1) the number of applicants for new or renewal license
9    under this Act within the previous calendar year;
10        (2) the number of applicants for new or renewal license
11    under this Act within the previous calendar year who had
12    any criminal conviction;
13        (3) the number of applicants for new or renewal license
14    under this Act in the previous calendar year who were
15    granted a license;
16        (4) the number of applicants for new or renewal license
17    with a criminal conviction who were granted a license under
18    this Act within the previous calendar year;
19        (5) the number of applicants for new or renewal license
20    under this Act within the previous calendar year who were
21    denied a license;
22        (6) the number of applicants for new or renewal license
23    with a criminal conviction who were denied a license under
24    this Act in the previous calendar year in whole or in part
25    because of a prior conviction;
26        (7) the number of licenses without monitoring

 

 

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1    requirements issued under this Act in the previous calendar
2    year to applicants with a felony conviction; and
3        (8) the number of licenses with monitoring issued under
4    this Act in the previous calendar year to applicants with a
5    felony conviction.
 
6    (215 ILCS 5/1525)
7    Sec. 1525. Resident license.
8    (a) Before issuing a public adjuster license to an
9applicant under this Section, the Director shall find that the
10applicant:
11        (1) is eligible to designate this State as his or her
12    home state or is a nonresident who is not eligible for a
13    license under Section 1540;
14        (2) is sufficiently rehabilitated in cases in which the
15    applicant has not committed any act that is a ground for
16    denial, suspension, or revocation of a license as set forth
17    in Section 1555;
18        (3) is trustworthy, reliable, competent, and of good
19    reputation, evidence of which may be determined by the
20    Director;
21        (4) is financially responsible to exercise the license
22    and has provided proof of financial responsibility as
23    required in Section 1560 of this Article; and
24        (5) maintains an office in the home state of residence
25    with public access by reasonable appointment or regular

 

 

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1    business hours. This includes a designated office within a
2    home state of residence.
3    (b) In addition to satisfying the requirements of
4subsection (a) of this Section, an individual shall:
5        (1) be at least 18 years of age;
6        (2) have successfully passed the public adjuster
7    examination;
8        (3) designate a licensed individual public adjuster
9    responsible for the business entity's compliance with the
10    insurance laws, rules, and regulations of this State; and
11        (4) designate only licensed individual public
12    adjusters to exercise the business entity's license.
13    (c) The Director may require any documents reasonably
14necessary to verify the information contained in the
15application.
16(Source: P.A. 96-1332, eff. 1-1-11.)
 
17    (215 ILCS 5/1550 new)
18    Sec. 1550. Applicant convictions.
19    (a) The Director and the Department shall not require
20applicants to report the following information and shall not
21collect or consider the following criminal history records in
22connection with a public adjuster license application:
23        (1) Juvenile adjudications of delinquent minors as
24    defined in Section 5-105 of the Juvenile Court Act of 1987,
25    subject to the restrictions set forth in Section 5-130 of

 

 

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1    that Act.
2        (2) Law enforcement records, court records, and
3    conviction records of an individual who was 17 years old at
4    the time of the offense and before January 1, 2014, unless
5    the nature of the offense required the individual to be
6    tried as an adult.
7        (3) Records of arrest not followed by a charge or
8    conviction.
9        (4) Records of arrest where charges were dismissed
10    unless related to the duties and responsibilities of a
11    public adjuster. However, applicants shall not be asked to
12    report any arrests, and any arrest not followed by a
13    conviction shall not be the basis of a denial and may be
14    used only to assess an applicant's rehabilitation.
15        (5) Convictions overturned by a higher court.
16        (6) Convictions or arrests that have been sealed or
17    expunged.
18    (b) When reviewing a conviction of any misdemeanor directly
19related to the practice of the profession or of any felony of
20the applicant for the purpose of determining whether to grant a
21license, the Director shall consider any evidence of
22rehabilitation and mitigating factors contained in the
23applicant's record, including any of the following:
24        (1) the lack of direct relation of the offense for
25    which the applicant was previously convicted to the duties,
26    functions, and responsibilities of the position for which a

 

 

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1    license is sought;
2        (2) the amount of time that has elapsed since the
3    offense occurred;
4        (3) if the applicant was previously licensed or
5    employed in this State or other states or jurisdictions,
6    then the lack of prior misconduct arising from or related
7    to the licensed position or position of employment;
8        (4) whether 5 years since a felony conviction or 3
9    years since release from confinement for the conviction,
10    whichever is later, have passed without a subsequent
11    conviction;
12        (5) successful completion of sentence and, for
13    applicants serving a term of parole or probation, a
14    progress report provided by the applicant's probation or
15    parole officer that documents the applicant's compliance
16    with conditions of supervision;
17        (6) evidence of the applicant's present fitness and
18    professional character;
19        (7) evidence of rehabilitation or rehabilitative
20    effort during or after incarceration or during or after a
21    term of supervision, including, but not limited to, a
22    certificate of good conduct under Section 5-5.5-25 of the
23    Unified Code of Corrections or certificate of relief from
24    disabilities under Section 5-5.5-10 of the Unified Code of
25    Corrections; and
26        (8) any other mitigating factors that contribute to the

 

 

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1    person's potential and current ability to perform the
2    duties and responsibilities of a public adjuster.
3    (c) It is the affirmative obligation of the Director to
4demonstrate that a prior conviction would impair the ability of
5the applicant to engage in the licensed practice. If the
6Director refuses to issue a license to an applicant, then the
7Director shall notify the applicant of the denial in writing
8with the following included in the notice of denial:
9        (1) a statement about the decision to refuse to issue a
10    license;
11        (2) a list of the convictions that were the sole or
12    partial basis for the refusal to issue a license;
13        (3) a list of the mitigating evidence presented by the
14    applicant;
15        (4) reasons for refusing to issue a license specific to
16    the evidence presented in mitigation of conviction items
17    that formed the partial or sole basis for the Director's
18    decision; and
19        (5) a summary of the appeal process or the earliest the
20    applicant may reapply for a license, whichever is
21    applicable.
22    (d) No later than May 1 of each year, the Director shall
23prepare, publicly announce, and publish a report of summary
24statistical information relating to new and renewal public
25adjuster license applications during the preceding calendar
26year. Each report shall show at minimum:

 

 

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1        (1) the number of applicants for new or renewal license
2    under this Act within the previous calendar year;
3        (2) the number of applicants for new or renewal license
4    under this Act within the previous calendar year who had
5    any criminal conviction;
6        (3) the number of applicants for new or renewal license
7    under this Act in the previous calendar year who were
8    granted a license;
9        (4) the number of applicants for new or renewal license
10    with a criminal conviction who were granted a license under
11    this Act within the previous calendar year;
12        (5) the number of applicants for new or renewal license
13    under this Act within the previous calendar year who were
14    denied a license;
15        (6) the number of applicants with a criminal conviction
16    who were denied a new or renewal license under this Act in
17    the previous calendar year in whole or in part because of a
18    prior conviction;
19        (7) the number of licenses without monitoring
20    requirements issued under this Act in the previous calendar
21    year to applicants with convictions; and
22        (8) the number of licenses with monitoring issued under
23    this Act in the previous calendar year to applicants with
24    criminal conviction.
 
25    (215 ILCS 5/1555)

 

 

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1    Sec. 1555. License denial, nonrenewal, or revocation.
2    (a) The Director may place on probation, suspend, revoke,
3deny, or refuse to issue or renew a public adjuster's license
4or may levy a civil penalty or issue a license with monitoring
5requirements or any combination of actions, for any one or more
6of the following causes:
7        (1) providing incorrect, misleading, incomplete, or
8    materially untrue information in the license application;
9        (2) violating any insurance laws, or violating any
10    regulation, subpoena, or order of the Director or of
11    another state's Director;
12        (3) obtaining or attempting to obtain a license through
13    misrepresentation or fraud;
14        (4) improperly withholding, misappropriating, or
15    converting any monies or properties received in the course
16    of doing insurance business;
17        (5) intentionally misrepresenting the terms of an
18    actual or proposed insurance contract or application for
19    insurance;
20        (6) for licensees, having been convicted of a felony or
21    misdemeanor involving dishonesty or fraud, unless the
22    individual demonstrates to the Director sufficient
23    rehabilitation to warrant the public trust;
24        (7) having admitted or been found to have committed any
25    insurance unfair trade practice or insurance fraud;
26        (8) using fraudulent, coercive, or dishonest

 

 

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1    practices; or demonstrating incompetence,
2    untrustworthiness, or financial irresponsibility in the
3    conduct of business in this State or elsewhere;
4        (9) having an insurance license or public adjuster
5    license or its equivalent, denied, suspended, or revoked in
6    any other state, province, district, or territory;
7        (10) forging another's name to an application for
8    insurance or to any document related to an insurance
9    transaction;
10        (11) cheating, including improperly using notes or any
11    other reference material, to complete an examination for an
12    insurance license or public adjuster license;
13        (12) knowingly accepting insurance business from or
14    transacting business with an individual who is not licensed
15    but who is required to be licensed by the Director;
16        (13) failing to comply with an administrative or court
17    order imposing a child support obligation;
18        (14) failing to pay State income tax or comply with any
19    administrative or court order directing payment of State
20    income tax;
21        (15) failing to comply with or having violated any of
22    the standards set forth in Section 1590 of this Law; or
23        (16) failing to maintain the records required by
24    Section 1585 of this Law.
25    (b) If the action by the Director is to nonrenew, suspend,
26or revoke a license or to deny an application for a license,

 

 

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1the Director shall notify the applicant or licensee and advise,
2in writing, the applicant or licensee of the reason for the
3suspension, revocation, denial, or nonrenewal of the
4applicant's or licensee's license. The applicant or licensee
5may make written demand upon the Director within 30 days after
6the date of mailing for a hearing before the Director to
7determine the reasonableness of the Director's action. The
8hearing must be held within not fewer than 20 days nor more
9than 30 days after the mailing of the notice of hearing and
10shall be held pursuant to 50 Ill. Adm. Code 2402.
11    (c) The license of a business entity may be suspended,
12revoked, or refused if the Director finds, after hearing, that
13an individual licensee's violation was known or should have
14been known by one or more of the partners, officers, or
15managers acting on behalf of the business entity and the
16violation was neither reported to the Director, nor corrective
17action taken.
18    (d) In addition to or in lieu of any applicable denial,
19suspension or revocation of a license, a person may, after
20hearing, be subject to a civil penalty. In addition to or
21instead of any applicable denial, suspension, or revocation of
22a license, a person may, after hearing, be subject to a civil
23penalty of up to $10,000 for each cause for denial, suspension,
24or revocation, however, the civil penalty may total no more
25than $100,000.
26    (e) The Director shall retain the authority to enforce the

 

 

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1provisions of and impose any penalty or remedy authorized by
2this Article against any person who is under investigation for
3or charged with a violation of this Article even if the
4person's license or registration has been surrendered or has
5lapsed by operation of law.
6    (f) Any individual whose public adjuster's license is
7revoked or whose application is denied pursuant to this Section
8shall be ineligible to apply for a public adjuster's license
9for 5 years. A suspension pursuant to this Section may be for
10any period of time up to 5 years.
11(Source: P.A. 96-1332, eff. 1-1-11.)
 
12    Section 99. Effective date. This Act takes effect January
131, 2018.".