Illinois General Assembly - Illinois Compiled Statutes

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215 ILCS 5/511.109

    (215 ILCS 5/511.109) (from Ch. 73, par. 1065.58-109)
    (Text of Section before amendment by P.A. 103-897)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 511.109. Examination.

(a) The Director or his designee may examine
any applicant for or holder of an administrator's license.

(b) Any administrator being examined shall provide to the Director or
his designee convenient and free access, at all reasonable hours at their
offices, to all books, records, documents and other papers relating to such
administrator's business affairs.

(c) The Director or his designee may administer oaths and thereafter examine
any individual about the business of the administrator.

(d) The examiners designated by the Director pursuant to this Section
may make reports to the Director.  Any report alleging substantive violations
of this Article, any applicable provisions of the Illinois Insurance Code,
or any applicable Part of Title 50 of the Illinois Administrative Code shall
be in writing and be based upon facts obtained by the examiners.  The report
shall be verified by the examiners.

(e) If a report is made, the Director shall either deliver a duplicate
thereof to the administrator being examined or send such duplicate by certified
or registered mail to the administrator's address specified in the records
of the Department.  The Director shall afford the administrator an opportunity
to request a hearing to object to the report.  The administrator may request
a hearing within 30 days after receipt of the duplicate of the examination
report by giving the Director written notice of such request together with
written objections to the report.  Any hearing shall be conducted in accordance
with Sections 402 and 403 of this Code.  The right to hearing is waived
if the delivery of the report is refused or the report is otherwise
undeliverable or the administrator does not timely request a hearing.
After the hearing or upon expiration of the time period during which an
administrator may request a hearing, if the examination reveals that the
administrator is operating in violation of any applicable provision of the
Illinois Insurance Code, any applicable Part of Title 50 of the Illinois
Administrative Code or prior order, the Director, in the written order, may
require the administrator to take any action the Director considers
necessary or appropriate in accordance with the report or examination
hearing.  If the Director issues an order, it shall be issued within 90
days after the report is filed, or if there is a hearing, within 90 days
after the conclusion of the hearing.  The order is subject to review under
the Administrative Review Law.

(Source: P.A. 84-887.)

    (Text of Section after amendment by P.A. 103-897)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 511.109. Examination.

(a) The Director or the Director's designee may examine any applicant for or holder of an administrator's license in accordance with Sections 132 through 132.7. If the Director or the examiners find that the administrator has violated this Article or any other insurance-related laws, rules, or regulations under the Director's jurisdiction because of the manner in which the administrator has conducted business on behalf of an insurer or plan sponsor, then, unless the insurer or plan sponsor is included in the examination and has been afforded the same opportunity to request or participate in a hearing on the examination report, the examination report shall not allege a violation by the insurer or plan sponsor and the Director's order based on the report shall not impose any requirements, prohibitions, or penalties on the insurer or plan sponsor. Nothing in this Section shall prevent the Director from using any information obtained during the examination of an administrator to examine, investigate, or take other appropriate regulatory or legal action with respect to an insurer or plan sponsor.

(Source: P.A. 103-897, eff. 1-1-25.)