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