Full Text of HB2752 100th General Assembly
HB2752eng 100TH GENERAL ASSEMBLY |
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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 Section 12 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 must contain | 16 | | specific language which states that the
applicant is not | 17 | | obligated to disclose sealed or expunged records of
conviction | 18 | | or arrest. The entity authorized to grant a license, | 19 | | certification, or registration shall include, in an | 20 | | application for certification, registration, or licensure, | 21 | | specific language stating that the applicant is not obligated | 22 | | to disclose sealed or expunged records of a conviction or | 23 | | arrest; however, if the inclusion of that language in an |
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| 1 | | application for certification, registration, or licensure is | 2 | | not practical, the entity shall publish on its website | 3 | | instructions specifying that applicants are not obligated to | 4 | | disclose sealed or expunged records of a conviction or arrest. | 5 | | Employers may not ask if an applicant has had
records expunged | 6 | | or sealed.
| 7 | | (b) A person whose records have been sealed or expunged is | 8 | | not entitled to
remission of any fines, costs, or other money | 9 | | paid as a consequence of
the sealing or expungement. This | 10 | | amendatory Act of the 93rd General
Assembly does not affect the | 11 | | right of the victim of a crime to prosecute
or defend a civil | 12 | | action for damages. Persons engaged in civil litigation
| 13 | | involving criminal records that have been sealed may
petition | 14 | | the court to open the records for the limited purpose of using
| 15 | | them in the course of litigation.
| 16 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
| 17 | | Section 10. The Illinois Insurance Code is amended by | 18 | | changing Sections 500-30, 500-70, 1525, and 1555 and by adding | 19 | | Sections 500-76 and 1550 as follows:
| 20 | | (215 ILCS 5/500-30)
| 21 | | (Section scheduled to be repealed on January 1, 2027)
| 22 | | Sec. 500-30. Application for license.
| 23 | | (a) An individual applying for a resident insurance | 24 | | producer license must
make
application on a form specified by |
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| 1 | | the Director and declare under penalty of
refusal, suspension,
| 2 | | or revocation of the license that the statements made in the | 3 | | application are
true, correct, and
complete to the best of the | 4 | | individual's knowledge and belief. Before
approving the | 5 | | application,
the Director must find that the individual:
| 6 | | (1) is at least 18 years of age;
| 7 | | (2) has not committed any act that is a ground for | 8 | | denial, suspension, or
revocation set forth in Section | 9 | | 500-70 or 500-76 or the individual who committed the act | 10 | | has been sufficiently rehabilitated ;
| 11 | | (3) has completed, if required by the Director, a | 12 | | pre-licensing course
of
study before the insurance exam for | 13 | | the lines of authority for which the individual has applied | 14 | | (an
individual who
successfully completes the Fire and | 15 | | Casualty pre-licensing courses also meets
the
requirements | 16 | | for Personal Lines-Property and Casualty);
| 17 | | (4) has paid the fees set forth in Section 500-135; and
| 18 | | (5) has successfully passed the examinations for the | 19 | | lines of authority
for
which the person has applied.
| 20 | | (b) A pre-licensing course of study for each class of | 21 | | insurance for which
an insurance
producer license is requested | 22 | | must be established in accordance with rules
prescribed by the
| 23 | | Director and must consist of the following minimum hours:
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24 | | Class of Insurance |
Number of |
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25 | | |
Hours |
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26 | | Life (Class 1 (a)) |
20 |
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| 1 | | Accident and Health (Class 1(b) or 2(a)) |
20 |
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2 | | Fire (Class 3) |
20 |
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3 | | Casualty (Class 2) |
20 |
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4 | | Personal Lines-Property Casualty |
20 |
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5 | | Motor Vehicle (Class 2(b) or 3(e)) |
12.5 |
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6 | | 7.5 hours of each pre-licensing course must be completed in | 7 | | a classroom setting, except Motor Vehicle, which would require | 8 | | 5 hours in a classroom setting. | 9 | | (c) A business entity acting as an insurance producer must | 10 | | obtain an
insurance
producer license. Application must be made | 11 | | using the Uniform Business Entity
Application.
Before | 12 | | approving the application, the Director must find that:
| 13 | | (1) the business entity has paid the fees set forth in | 14 | | Section 500-135;
and
| 15 | | (2) the business entity has designated a licensed | 16 | | producer responsible for
the
business entity's compliance | 17 | | with the insurance laws and rules of this State.
| 18 | | (d) The Director may require any documents reasonably | 19 | | necessary to verify
the
information contained in an | 20 | | application.
| 21 | | (Source: P.A. 96-839, eff. 1-1-10 .)
| 22 | | (215 ILCS 5/500-70)
| 23 | | (Section scheduled to be repealed on January 1, 2027)
| 24 | | Sec. 500-70. License denial, nonrenewal, or revocation.
| 25 | | (a) The Director may place on probation, suspend, revoke, |
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| 1 | | or refuse to issue
or renew
an insurance producer's license , | 2 | | may issue a license with monitoring requirements, or may levy a | 3 | | civil penalty in accordance with
this Section or
take any | 4 | | combination of actions, for any one or more of the following | 5 | | causes:
| 6 | | (1) providing incorrect, misleading, incomplete, or | 7 | | materially untrue
information in the license application;
| 8 | | (2) violating any insurance laws, or violating any | 9 | | rule, subpoena, or
order of
the Director or of another | 10 | | state's insurance commissioner;
| 11 | | (3) obtaining or attempting to obtain a license through | 12 | | misrepresentation
or
fraud;
| 13 | | (4) improperly withholding, misappropriating or | 14 | | converting any moneys or
properties received in the course | 15 | | of doing insurance business;
| 16 | | (5) intentionally misrepresenting the terms of an | 17 | | actual or proposed
insurance
contract or application for | 18 | | insurance;
| 19 | | (6) for licensees, having been convicted of a felony , | 20 | | unless the individual demonstrates to the Director | 21 | | sufficient rehabilitation to warrant the public trust ;
| 22 | | (7) having admitted or been found to have committed any | 23 | | insurance unfair
trade practice or fraud;
| 24 | | (8) using fraudulent, coercive, or dishonest | 25 | | practices, or demonstrating
incompetence, | 26 | | untrustworthiness or financial irresponsibility in the |
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| 1 | | conduct of
business in
this State or elsewhere;
| 2 | | (9) having an insurance producer license,
or its | 3 | | equivalent, denied, suspended,
or revoked in any other | 4 | | state, province, district or territory;
| 5 | | (10) forging a name to an application for insurance or | 6 | | to a document
related
to
an insurance transaction;
| 7 | | (11) improperly using notes or any other reference | 8 | | material to complete an
examination for an insurance | 9 | | license;
| 10 | | (12) knowingly accepting insurance business from an | 11 | | individual who is not
licensed;
| 12 | | (13) failing to comply with an administrative or court | 13 | | order imposing a
child
support obligation;
| 14 | | (14) failing to pay state income tax or penalty or | 15 | | interest or comply with
any
administrative or court order | 16 | | directing payment of state income tax or failed
to file a
| 17 | | return or to pay any final assessment of any tax due to the | 18 | | Department of
Revenue;
| 19 | | (15) failing to make satisfactory repayment to the | 20 | | Illinois Student
Assistance
Commission for a delinquent or | 21 | | defaulted student loan; or
| 22 | | (16) failing to comply with any provision of the | 23 | | Viatical Settlements Act of 2009. | 24 | | (b) If the action by the Director is to nonrenew, suspend, | 25 | | or revoke a
license or to
deny an application for a license, | 26 | | the Director shall notify the applicant or
licensee and advise, |
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| 1 | | in
writing, the applicant or licensee of the reason for the | 2 | | suspension,
revocation, denial or
nonrenewal of the | 3 | | applicant's or licensee's license. The applicant or licensee
| 4 | | may make written
demand upon the Director within 30 days after | 5 | | the date of mailing for a hearing
before the
Director to | 6 | | determine the reasonableness of the Director's action. The | 7 | | hearing
must be held
within not fewer than 20 days nor more | 8 | | than 30 days after the mailing of the
notice of hearing
and | 9 | | shall be held pursuant to 50 Ill. Adm. Code 2402.
| 10 | | (c) The license of a business entity may be suspended, | 11 | | revoked, or refused
if the
Director finds, after hearing, that | 12 | | an individual licensee's violation was
known or should have
| 13 | | been known by one or more of the partners, officers, or | 14 | | managers acting on
behalf of the
partnership, corporation, | 15 | | limited liability company, or limited liability
partnership | 16 | | and the
violation was neither reported to the Director nor | 17 | | corrective action taken.
| 18 | | (d) In addition to or instead of any applicable denial, | 19 | | suspension, or
revocation of a
license, a person may, after | 20 | | hearing, be subject to a civil penalty of up to
$10,000 for | 21 | | each cause for
denial, suspension, or revocation, however, the | 22 | | civil penalty may total no more
than $100,000.
| 23 | | (e) The Director has the authority to enforce the | 24 | | provisions of and impose
any penalty
or remedy authorized by | 25 | | this Article against any person who is under
investigation for | 26 | | or charged
with a violation of this Code or rules even if the |
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| 1 | | person's license or
registration has been
surrendered or has | 2 | | lapsed by operation of law.
| 3 | | (f) Upon the suspension, denial, or revocation of a | 4 | | license, the licensee or
other
person having possession or | 5 | | custody of the license shall promptly deliver it to
the | 6 | | Director in
person or by mail. The Director shall publish all | 7 | | suspensions, denials, or
revocations after the
suspensions, | 8 | | denials, or revocations become final in a manner designed to
| 9 | | notify interested
insurance companies and other persons.
| 10 | | (g) A person whose license is revoked or whose application | 11 | | is denied
pursuant to this
Section is ineligible to apply for | 12 | | any license for 3 years after the revocation
or denial. A | 13 | | person
whose license as an insurance producer has been revoked, | 14 | | suspended, or denied
may not be
employed, contracted, or | 15 | | engaged in any insurance related capacity during the
time the
| 16 | | revocation, suspension, or denial is in effect.
| 17 | | (Source: P.A. 96-736, eff. 7-1-10 .)
| 18 | | (215 ILCS 5/500-76 new) | 19 | | Sec. 500-76. Applicant convictions. | 20 | | (a) The Director and the Department shall not require | 21 | | applicants to report the following information and shall not | 22 | | collect and consider the following criminal history records in | 23 | | connection with an insurance producer license application: | 24 | | (1) Juvenile adjudications of delinquent minors as | 25 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
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| 1 | | subject to the restrictions set forth in Section 5-130 of | 2 | | that Act. | 3 | | (2) Law enforcement records, court records, and | 4 | | conviction records of an individual who was 17 years old at | 5 | | the time of the offense and before January 1, 2014, unless | 6 | | the nature of the offense required the individual to be | 7 | | tried as an adult. | 8 | | (3) Records of arrest not followed by a charge or | 9 | | conviction. | 10 | | (4) Records of arrest where charges were dismissed | 11 | | unless related to the duties and responsibilities of an | 12 | | insurance producer. However, applicants shall not be asked | 13 | | to report any arrests, and any arrest not followed by a | 14 | | conviction shall not be the basis of a denial and may be | 15 | | used only to assess an applicant's rehabilitation. | 16 | | (5) Convictions overturned by a higher court. | 17 | | (6) Convictions or arrests that have been sealed or | 18 | | expunged. | 19 | | (b) When reviewing a conviction of a felony of the | 20 | | applicant for the purpose of determining whether to grant a | 21 | | license, the Director shall consider any evidence of | 22 | | rehabilitation and mitigating factors contained in the | 23 | | applicant'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) whether 5 years since a felony conviction or 3 | 3 | | years since release from confinement for the conviction, | 4 | | whichever is later, have passed without a subsequent | 5 | | conviction; | 6 | | (3) if the applicant was previously licensed or | 7 | | employed in this State or other states or jurisdictions, | 8 | | then the lack of prior misconduct arising from or related | 9 | | to the licensed position or position of employment; | 10 | | (4) the age of the person at the time of the criminal | 11 | | offense; | 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 an insurance producer. | 3 | | (c) It is the affirmative obligation of the Director to | 4 | | demonstrate that a prior conviction would impair the ability of | 5 | | the applicant to engage in the licensed practice. If the | 6 | | Director refuses to issue a license to an applicant, then the | 7 | | Director shall notify the applicant of the denial in writing | 8 | | with 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 | 23 | | prepare, publicly announce, and publish a report of summary | 24 | | statistical information relating to new and renewal insurance | 25 | | producer license applications during the preceding calendar | 26 | | year. 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 for new or renewal license | 16 | | with a criminal conviction who were denied a license under | 17 | | this Act in the previous calendar year in whole or in part | 18 | | because of a 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 a felony conviction; and | 22 | | (8) the number of licenses with monitoring issued under | 23 | | this Act in the previous calendar year to applicants with a | 24 | | felony conviction. | 25 | | (215 ILCS 5/1525)
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| 1 | | Sec. 1525. Resident license. | 2 | | (a) Before issuing a public adjuster license to an | 3 | | applicant under this Section, the Director shall find that the | 4 | | applicant: | 5 | | (1) is eligible to designate this State as his or her | 6 | | home state or is a nonresident who is not eligible for a | 7 | | license under Section 1540; | 8 | | (2) is sufficiently rehabilitated in cases in which the | 9 | | applicant has not committed any act that is a ground for | 10 | | denial, suspension, or revocation of a license as set forth | 11 | | in Section 1555; | 12 | | (3) is trustworthy, reliable, competent, and of good | 13 | | reputation, evidence of which may be determined by the | 14 | | Director; | 15 | | (4) is financially responsible to exercise the license | 16 | | and has provided proof of financial responsibility as | 17 | | required in Section 1560 of this Article; and | 18 | | (5) maintains an office in the home state of residence | 19 | | with public access by reasonable appointment or regular | 20 | | business hours. This includes a designated office within a | 21 | | home state of residence. | 22 | | (b) In addition to satisfying the requirements of | 23 | | subsection (a) of this Section, an individual shall: | 24 | | (1) be at least 18 years of age; | 25 | | (2) have successfully passed the public adjuster | 26 | | examination; |
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| 1 | | (3) designate a licensed individual public adjuster | 2 | | responsible for the business entity's compliance with the | 3 | | insurance laws, rules, and regulations of this State; and | 4 | | (4) designate only licensed individual public | 5 | | adjusters to exercise the business entity's license. | 6 | | (c) The Director may require any documents reasonably | 7 | | necessary to verify the information contained in the | 8 | | application.
| 9 | | (Source: P.A. 96-1332, eff. 1-1-11.) | 10 | | (215 ILCS 5/1550 new) | 11 | | Sec. 1550. Applicant convictions. | 12 | | (a) The Director and the Department shall not require | 13 | | applicants to report the following information and shall not | 14 | | collect or consider the following criminal history records in | 15 | | connection with a public adjuster license application: | 16 | | (1) Juvenile adjudications of delinquent minors as | 17 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 18 | | subject to the restrictions set forth in Section 5-130 of | 19 | | that Act. | 20 | | (2) Law enforcement records, court records, and | 21 | | conviction records of an individual who was 17 years old at | 22 | | the time of the offense and before January 1, 2014, unless | 23 | | the nature of the offense required the individual to be | 24 | | tried as an adult. | 25 | | (3) Records of arrest not followed by a charge or |
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| 1 | | conviction. | 2 | | (4) Records of arrest where charges were dismissed | 3 | | unless related to the duties and responsibilities of a | 4 | | public adjuster. However, applicants shall not be asked to | 5 | | report any arrests, and any arrest not followed by a | 6 | | conviction shall not be the basis of a denial and may be | 7 | | used only to assess an applicant's rehabilitation. | 8 | | (5) Convictions overturned by a higher court. | 9 | | (6) Convictions or arrests that have been sealed or | 10 | | expunged. | 11 | | (b) When reviewing a conviction of any misdemeanor directly | 12 | | related to the practice of the profession or of any felony of | 13 | | the applicant for the purpose of determining whether to grant a | 14 | | license, the Director shall consider any evidence of | 15 | | rehabilitation and mitigating factors contained in the | 16 | | applicant's record, including any of the following: | 17 | | (1) the lack of direct relation of the offense for | 18 | | which the applicant was previously convicted to the duties, | 19 | | functions, and responsibilities of the position for which a | 20 | | license is sought; | 21 | | (2) the amount of time that has elapsed since the | 22 | | offense occurred; | 23 | | (3) if the applicant was previously licensed or | 24 | | employed in this State or other states or jurisdictions, | 25 | | then the lack of prior misconduct arising from or related | 26 | | to the licensed position or position of employment; |
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| 1 | | (4) whether 5 years since a felony conviction or 3 | 2 | | years since release from confinement for the conviction, | 3 | | whichever is later, have passed without a subsequent | 4 | | conviction; | 5 | | (5) successful completion of sentence and, for | 6 | | applicants serving a term of parole or probation, a | 7 | | progress report provided by the applicant's probation or | 8 | | parole officer that documents the applicant's compliance | 9 | | with conditions of supervision; | 10 | | (6) evidence of the applicant's present fitness and | 11 | | professional character; | 12 | | (7) evidence of rehabilitation or rehabilitative | 13 | | effort during or after incarceration or during or after a | 14 | | term of supervision, including, but not limited to, a | 15 | | certificate of good conduct under Section 5-5.5-25 of the | 16 | | Unified Code of Corrections or certificate of relief from | 17 | | disabilities under Section 5-5.5-10 of the Unified Code of | 18 | | Corrections; and | 19 | | (8) any other mitigating factors that contribute to the | 20 | | person's potential and current ability to perform the | 21 | | duties and responsibilities of a public adjuster. | 22 | | (c) It is the affirmative obligation of the Director to | 23 | | demonstrate that a prior conviction would impair the ability of | 24 | | the applicant to engage in the licensed practice. If the | 25 | | Director refuses to issue a license to an applicant, then the | 26 | | Director shall notify the applicant of the denial in writing |
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| 1 | | with the following included in the notice of denial: | 2 | | (1) a statement about the decision to refuse to issue a | 3 | | license; | 4 | | (2) a list of the convictions that were the sole or | 5 | | partial basis for the refusal to issue a license; | 6 | | (3) a list of the mitigating evidence presented by the | 7 | | applicant; | 8 | | (4) reasons for refusing to issue a license specific to | 9 | | the evidence presented in mitigation of conviction items | 10 | | that formed the partial or sole basis for the Director's | 11 | | decision; and | 12 | | (5) a summary of the appeal process or the earliest the | 13 | | applicant may reapply for a license, whichever is | 14 | | applicable. | 15 | | (d) No later than May 1 of each year, the Director shall | 16 | | prepare, publicly announce, and publish a report of summary | 17 | | statistical information relating to new and renewal public | 18 | | adjuster license applications during the preceding calendar | 19 | | year. Each report shall show at minimum: | 20 | | (1) the number of applicants for new or renewal license | 21 | | under this Act within the previous calendar year; | 22 | | (2) the number of applicants for new or renewal license | 23 | | under this Act within the previous calendar year who had | 24 | | any criminal conviction; | 25 | | (3) the number of applicants for new or renewal license | 26 | | under this Act in the previous calendar year who were |
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| 1 | | granted a license; | 2 | | (4) the number of applicants for new or renewal license | 3 | | with a criminal conviction who were granted a license under | 4 | | this Act within the previous calendar year; | 5 | | (5) the number of applicants for new or renewal license | 6 | | under this Act within the previous calendar year who were | 7 | | denied a license; | 8 | | (6) the number of applicants with a criminal conviction | 9 | | who were denied a new or renewal license under this Act in | 10 | | the previous calendar year in whole or in part because of a | 11 | | prior conviction; | 12 | | (7) the number of licenses without monitoring | 13 | | requirements issued under this Act in the previous calendar | 14 | | year to applicants with convictions; and | 15 | | (8) the number of licenses with monitoring issued under | 16 | | this Act in the previous calendar year to applicants with | 17 | | criminal conviction. | 18 | | (215 ILCS 5/1555)
| 19 | | Sec. 1555. License denial, nonrenewal, or revocation. | 20 | | (a) The Director may place on probation, suspend, revoke, | 21 | | deny, or refuse to issue or renew a public adjuster's license | 22 | | or may levy a civil penalty or issue a license with monitoring | 23 | | requirements or any combination of actions, for any one or more | 24 | | of the following causes: | 25 | | (1) providing incorrect, misleading, incomplete, or |
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| 1 | | materially untrue information in the license application; | 2 | | (2) violating any insurance laws, or violating any | 3 | | regulation, subpoena, or order of the Director or of | 4 | | another state's Director; | 5 | | (3) obtaining or attempting to obtain a license through | 6 | | misrepresentation or fraud; | 7 | | (4) improperly withholding, misappropriating, or | 8 | | converting any monies or properties received in the course | 9 | | of doing insurance business; | 10 | | (5) intentionally misrepresenting the terms of an | 11 | | actual or proposed insurance contract or application for | 12 | | insurance; | 13 | | (6) for licensees, having been convicted of a felony or | 14 | | misdemeanor involving dishonesty or fraud, unless the | 15 | | individual demonstrates to the Director sufficient | 16 | | rehabilitation to warrant the public trust; | 17 | | (7) having admitted or been found to have committed any | 18 | | insurance unfair trade practice or insurance fraud; | 19 | | (8) using fraudulent, coercive, or dishonest | 20 | | practices; or demonstrating incompetence, | 21 | | untrustworthiness, or financial irresponsibility in the | 22 | | conduct of business in this State or elsewhere; | 23 | | (9) having an insurance license or public adjuster | 24 | | license or its equivalent, denied, suspended, or revoked in | 25 | | any other state, province, district, or territory; | 26 | | (10) forging another's name to an application for |
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| 1 | | insurance or to any document related to an insurance | 2 | | transaction; | 3 | | (11) cheating, including improperly using notes or any | 4 | | other reference material, to complete an examination for an | 5 | | insurance license or public adjuster license; | 6 | | (12) knowingly accepting insurance business from or | 7 | | transacting business with an individual who is not licensed | 8 | | but who is required to be licensed by the Director; | 9 | | (13) failing to comply with an administrative or court | 10 | | order imposing a child support obligation; | 11 | | (14) failing to pay State income tax or comply with any | 12 | | administrative or court order directing payment of State | 13 | | income tax; | 14 | | (15) failing to comply with or having violated any of | 15 | | the standards set forth in Section 1590 of this Law; or | 16 | | (16) failing to maintain the records required by | 17 | | Section 1585 of this Law. | 18 | | (b) If the action by the Director is to nonrenew, suspend, | 19 | | or revoke a license or to deny an application for a license, | 20 | | the Director shall notify the applicant or licensee and advise, | 21 | | in writing, the applicant or licensee of the reason for the | 22 | | suspension, revocation, denial, or nonrenewal of the | 23 | | applicant's or licensee's license. The applicant or licensee | 24 | | may make written demand upon the Director within 30 days after | 25 | | the date of mailing for a hearing before the Director to | 26 | | determine the reasonableness of the Director's action. The |
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| 1 | | hearing must be held within not fewer than 20 days nor more | 2 | | than 30 days after the mailing of the notice of hearing and | 3 | | shall be held pursuant to 50 Ill. Adm. Code 2402. | 4 | | (c) The license of a business entity may be suspended, | 5 | | revoked, or refused if the Director finds, after hearing, that | 6 | | an individual licensee's violation was known or should have | 7 | | been known by one or more of the partners, officers, or | 8 | | managers acting on behalf of the business entity and the | 9 | | violation was neither reported to the Director, nor corrective | 10 | | action taken. | 11 | | (d) In addition to or in lieu of any applicable denial, | 12 | | suspension or revocation of a license, a person may, after | 13 | | hearing, be subject to a civil penalty. In addition to or | 14 | | instead of any applicable denial, suspension, or revocation of | 15 | | a license, a person may, after hearing, be subject to a civil | 16 | | penalty of up to $10,000 for each cause for denial, suspension, | 17 | | or revocation, however, the civil penalty may total no more | 18 | | than $100,000. | 19 | | (e) The Director shall retain the authority to enforce the | 20 | | provisions of and impose any penalty or remedy authorized by | 21 | | this Article against any person who is under investigation for | 22 | | or charged with a violation of this Article even if the | 23 | | person's license or registration has been surrendered or has | 24 | | lapsed by operation of law. | 25 | | (f) Any individual whose public adjuster's license is | 26 | | revoked or whose application is denied pursuant to this Section |
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| 1 | | shall be ineligible to apply for a public adjuster's license | 2 | | for 5 years. A suspension pursuant to this Section may be for | 3 | | any period of time up to 5 years.
| 4 | | (Source: P.A. 96-1332, eff. 1-1-11.)
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2018.
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