PART 2520 SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS : Sections Listing

TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2520 SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS


AUTHORITY: Implementing and authorized by Sections 1.4, 3.1, 3.2, 3.37, 3.38 and 3.39 of the Wildlife Code [520 ILCS 5/1.4, 3.1, 3.2, 3.37, 3.38 and 3.39] and Sections 1-125, 20-5, 20-10, 20-30, 20-45, 20-55 and 20-120 of the Fish and Aquatic Life Code [515 ILCS 5/1-125, 20-5, 20-10, 20-30, 20-45, 20-55 and 20-120], Section 26 of the Recreational Trails Act of Illinois [20 ILCS 862/26] and Section 3-1.5 of the Boat Registration and Safety Act [625 ILCS 45/3-1.5].

SOURCE: Adopted and codified at 7 Ill. Reg. 8760, effective July 15, 1983; amended at 8 Ill. Reg. 5660, effective April 16, 1984; amended at 9 Ill. Reg. 14626, effective September 17, 1985; amended at 11 Ill. Reg. 4633, effective March 10, 1987; amended at 15 Ill. Reg. 7653, effective May 7, 1991; amended at 16 Ill. Reg. 8479, effective May 26, 1992; amended at 18 Ill. Reg. 9991, effective June 21, 1994; amended at 19 Ill. Reg. 7541, effective May 26, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 14417, effective October 25, 1996; amended at 21 Ill. Reg. 6483, effective May 19, 1997; amended at 22 Ill. Reg. 10466, effective June 1, 1998; amended at 23 Ill. Reg. 6818, effective May 20, 1999; amended at 24 Ill. Reg. 1641, effective January 13, 2000; amended at 25 Ill. Reg. 9024, effective July 3, 2001; amended at 25 Ill. Reg. 11360, effective August 14, 2001; amended at 33 Ill. Reg. 15742, effective November 2, 2009; amended at 37 Ill. Reg. 6766, effective May 1, 2013.

 

Section 2520.10  Agents − Sale and Consignment Requirements

 

a)         The Department of Natural Resources (DNR) has the authority to designate agents to sell licenses, stamps and permits on behalf of DNR.  DNR also has the authority to consign licenses, stamps and permits, for sale by county, city, village, township and incorporated town clerks, upon receipt of their completed application and elected official license agent contract, and fulfillment of requirements set forth in this Part.  DNR also consigns licenses, stamps and permits to other agents upon receipt of their completed application, license agent contract, evidence of financial responsibility, and fulfillment of the requirements set forth in this Part.  The term agent means all persons authorized by DNR to sell licenses, stamps and permits, other than elected or appointed officials and DNR employees. License agents, including employees of DNR selling licenses, stamps and permits, shall collect an issuing fee in addition to the license, stamp and permit fee as provided in 515 ILCS 5/20-120, 520 ILCS 5/3.37, 20 ILCS 862/26 and 625 ILCS 45/3-1.5 as follows:  75 cents for each Sportsmen's Combination license and non-resident hunting license, and 50 cents for all other licenses, stamps and permits authorized by the above statutes.  All licenses, stamps and permits consigned and fees collected from the sale of licenses, stamps and permits (except the authorized issuing fee) remain the property of the State of Illinois.  Funds received from the sale of licenses, stamps and permits (except the authorized issuing fee) shall not be directed to any purpose other than remittance to DNR.

 

b)         County, city, village, township and incorporated town clerks may appoint sub-agents within the territorial area for which they are elected or appointed.  Elected or appointed officials and DNR employees selling licenses, stamps and permits are liable to the State for all licenses, stamps and permits consigned to their account, including any licenses, stamps and permits furnished by a clerk to any sub-agent.  Any clerk appointing sub-agents must notify DNR, within 10 days following the appointment, the names and mailing addresses of such sub-agents.  No part of the issuing fees collected may be retained as personal compensation by the clerk.  Issuing fees may be divided between the clerk and appointed sub-agents other than employees of the clerk's office, but in no case may any clerk and/or sub-agent charge an issuing fee or fees totaling more than the amounts set out in subsection (a) of this Section.  DNR assumes no liability for any license, stamp or permit furnished by any elected or appointed clerk to any sub-agent.

 

c)         Financial Responsibility of Agents

All agents, including concessionaires holding contracts with DNR, shall be required to furnish DNR with evidence of financial responsibility. 

 

1)         Agents Without Preferred Status

Except as provided in subsection (c)(2), the evidence of financial responsibility shall be in the form of a surety bond, letter of credit or certificate of deposit, in an amount equal to the value of licenses, stamps and permits consigned. 

 

2)         Agents with Preferred Status

 

A)        Agents must meet the following qualifications to receive a preferred status:

 

i)          The agent must sell licenses, stamps and permits for one complete license year.

 

ii)         DNR must have received a minimum of 9 monthly current license year remittances or no sales reports between April and December (inclusive).

 

B)        If the qualifications listed in subsection (c)(2)(A) are met, the agent's consignments may total 50% over the amount of his or her financial evidence.  All agents with a preferred status will be reviewed annually.  If qualifications have been met, the preferred status will continue for the following license year.  If the qualifications have not been met, the preferred status is removed and the agent will be consigned licenses, stamps and permits equal to the amount of financial evidence. 

 

3)         Evidence of Financial Responsibility

Surety bonds and letters of credit shall be on a form furnished by and approved by DNR, with surety or sureties satisfactory to DNR, conditioned upon the agent paying to the State of Illinois all monies becoming due by reason of the sale of licenses, stamps and permits. 

 

4)         Sub-Agents

No agent may appoint sub-agents.

 

d)         Agents, other than DNR staff, issuing gun permits for deer and turkey hunting during special hunts on non-DNR property, as defined in 17 Ill. Adm. Code 650.22(a) and 17 Ill. Adm. Code 660.22(a), shall complete a written financial guarantee and fulfill the requirements set forth in this Part.  All permits consigned and fees collected remain the property of the State of Illinois.  Funds received from the sale of permits shall not be directed to any purpose other than remittance to DNR.  Agents will not be consigned more than 100 permits of a specific type.

 

(Source:  Amended at 37 Ill. Reg. 6766, effective May 1, 2013)

 

Section 2520.20  Issuing Licenses, Stamps and Permits

 

a)         License, stamp and permit forms shall be filled out accurately and legibly at the time of issuance, and the full amount shall be collected as shown on the license face.  In the case of stamps, the license fee plus the authorized issuing fee shall be collected, if the issuing fee is not shown on the face of the stamp.  Agents shall not back-date or issue an undated license.

 

b)         The application portion of each license shall be retained by the issuing clerk or agent until the license issued expires, except in the case of trapping licenses, goose permit stubs, habitat stamps, ginseng harvester licenses, archery permits, resident hunting licenses and habitat stamps, non-resident hunting licenses and habitat stamps, and resident sportsmen's licenses and habitat stamps for which the completed application must accompany the remittance.

 

(Source:  Amended at 33 Ill. Reg. 15742, effective November 2, 2009)

 

Section 2520.30  Terms

 

a)         When funds received in payment for licenses, stamps and permits are deposited in an interest bearing account and when fees collected by an agent are determined to be late to DNR according to subsection (c) of this Section, interest that has accrued through an interest bearing license account on the overdue funds shall be remitted to DNR by separate check, along with fees collected from the sale of the licenses, stamps and permits.

 

b)         All license agents shall be required to remit to DNR, as provided in subsection (c), all funds received from the sale of licenses, stamps and permits during the preceeding remittance period, except the authorized issuing fee.  Agents having licenses, stamps and permits on hand for sale, but who have sold none during the remittance period, shall report this fact to DNR, as provided by subsection (c), by the use of a no sales report furnished by DNR.

 

c)         Remittance shall be made to DNR no later than the 10th of each month for all licenses, stamps and permits sold during the previous month.

 

d)         Accounts more than one month past due shall have additional license consignments withheld until the account is current.  Accounts two months or more past due will cause DNR to cancel or withdraw the issuance of licenses through the clerk or agent.  In the case of secured agents, payment will be demanded from the security company.  In the case of secured agents with a preferred status, payment up to the amount of financial evidence will be demanded from the security company and the balance over the financial evidence will be referred to other agencies for assistance. No installment payment agreements will be accepted by DNR except pursuant to judgment decrees.

 

e)         Within 30 days after the expiration of the time in which any class of license, stamp or permit is usable, the final payment for licenses, stamps and permits sold shall be made in full to DNR, and all unsold or void licenses, stamps and permits shall be returned to DNR.  Accounts not closed out within the 30 days specified shall be suspended or terminated, and referred to the security company for action or referral to other agencies for assistance.

 

(Source:  Amended at 33 Ill. Reg. 15742, effective November 2, 2009)

 

Section 2520.40  Credit to Agent Accounts

 

a)         Void or unsold licenses, stamps and permits shall be returned to DNR for credit to the agent account.  Credit for void or unsold licenses, stamps and permits will be allowed only when the original license, stamp or permit is returned.  The application portion of the license, stamp or permit will not be accepted for credit.

 

b)         Credit to agent accounts for void licenses, stamps and permits shall be denied if the license, stamp or permit shows signs of use, such as encasement in plastic or other signs of use.  The license and permit supervisor is responsible for this determination, and if credit is denied, the Supervisor, License Section, shall cause the agent to be notified of this action.

 

c)         No person selling licenses, stamps and permits is required to remit for any licenses, stamps or permits stolen by forcible entry or destroyed by a fire in the premises where the licenses, stamps and permits are kept, if the agent submits an affidavit to DNR describing the circumstances of the theft or cause of destruction and listing the types and numbers of licenses, stamps and permits destroyed.  An official report of the fire or theft completed by the appropriated agency (such as the fire department responding to the call or police if a robbery) must also be submitted.

 

(Source:  Amended at 33 Ill. Reg. 15742, effective November 2, 2009)

 

Section 2520.50  Issuance of Replacement Hunting, Fishing and Trapping Licenses, Stamps and Permits

 

a)         DNR will issue replacements for lost licenses, stamps and permits.  A fee of $3.00 per license, stamp or permit will be charged to defray the cost of handling.

 

b)         DNR will issue replacements at no cost when DNR loses the sportsman's hunting, fishing, Sportsman's Combination, ginseng harvester, or trapping licenses, stamps or permits.

 

c)         The procedure for obtaining a replacement license, stamp or permit is as follows:

 

1)         Individual loss of a license, stamp or permit issued by an agent – An individual may request a replacement license, stamp or permit from any agent location. The individual may obtain a replacement license, stamp or permit from any agent for a $3.00 fee per license, stamp or permit.

 

2)         Individual loss of a license, stamp or permit consigned from DNR – Individuals may request an application for a replacement license, stamp or permit from the Springfield office at the address in this subsection (c)(2).  The individual requesting the replacement license, stamp or permit should return a copy of the original application or a properly completed and notarized Replacement License, Stamp or Permit Application and forward it with a $3.00 fee per license, stamp or permit to:

 

            Illinois Department of Natural Resources

P.O. Box 19459

Springfield IL  62794-9459

                                                                         

3)         DNR loss – The DNR location requesting the replacement should complete on agency letterhead a request for a replacement and forward the request to:  Department of Natural Resources, Replacements, One Natural Resources Way, Springfield IL  62702. The request should be completed in triplicate with one copy retained at the location and one copy given to the person whose license, stamp or permit was lost.  This copy of the request will allow the person to hunt or fish in the interim prior to receipt of the replacement.  Information contained in the replacement request letter must include:

 

A)        date of the letter;

 

B)        indication that the letter may be used by the person in lieu of a license, stamp or permit for up to 30 days from the date on the letter;

 

C)        DNR location requesting the replacement (including address and contact phone number);

 

D)        the name, complete mailing address, county of residence, date of birth, height, weight, hair color, eye color and daytime phone number of the person receiving the replacement;

 

E)        indication of what licenses, stamps or permits need to be replaced; and

 

F)         the printed or typed names and signatures and the date of signature of the authorized persons at the DNR location issuing the replacement letter and the location supervisor.

 

(Source:  Amended at 33 Ill. Reg. 15742, effective November 2, 2009)

 

Section 2520.60  Vendor − Sale of Licenses by Telephone or Electronic Transmission

 

a)         A "vendor" is any person authorized by DNR to issue licenses, stamps or permits by telephone or electronic transmission (such as the Internet).  To become a vendor, a person or business must:

 

1)         make a request to DNR in writing detailing the proposed process and indicating the types of licenses, stamps or permits that would be sold from the service;

 

2)         comply with all existing license vendor regulations;

 

3)         if a telephone service is offered, insure that the service is a toll-free phone service;

 

4)         package and ship the license, stamp or permit to the customer within 24 hours after receipt of the customer's request;

 

5)         retain sales information for at least 24 months; and

 

6)         allow DNR staff to audit the process and vendor books.

 

b)         The vendor may collect an additional convenience charge, set pursuant to the competitive bidding procedures of the Illinois Procurement Code [30 ILCS 500] to cover the cost of the transaction, including shipping and handling fees.  Any convenience charge paid by an individual buyer shall be clearly identified as a convenience charge on the license receipt.

 

c)         The vendor must:

 

1)         assign a confirmation number to all individual buyers of licenses, stamps or permits;

 

2)         record the individual buyer's driver's license number and state of issue or some other means of identification, approved by DNR, to identify place of legal residency when the individual buyer is purchasing a resident license;

 

3)         issue a unique confirmation number to the individual buyer based on an approved formula from DNR;

 

4)         instruct the individual buyer purchasing a license, stamp or permit by telephone that he or she must record the assigned confirmation number on a piece of paper, along with the individual buyer's name and date of birth, date of the transaction and mailing address.  The individual buyer shall also be instructed that this piece of paper must contain the buyer's signature and be kept on the buyer's person while fishing or hunting, until the buyer receives the license in the mail;

 

5)         instruct the individual buyer that use of the assigned confirmation number as a temporary hunting or fishing license is only valid for 30 days from the date of sale; and

 

6)         immediately update a license verification database with all transaction information.

 

(Source:  Amended at 33 Ill. Reg. 15742, effective November 2, 2009)