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240 ILCS 40/15-40
(240 ILCS 40/15-40)
Sec. 15-40.
Suspension and revocation of license.
(a) The Director may suspend a license and take possession and
control of
all
grain assets and equity assets
(except that the Department may not take possession and control of any equity
asset on which there is a valid prior perfected security interest or other
valid prior perfected lien
without the
prior, written permission of the secured party or lien holder)
of the suspended licensee if the
Department has reason to believe that any of the following has
occurred:
(1) A licensee has made a formal declaration of | | insolvency; failed to apply for license renewal, leaving indebtedness to claimants; or been denied a license renewal, leaving indebtedness to claimants.
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(2) A licensee has failed to pay a producer, on
| | demand, for grain purchased from that producer, assuming no bona fide dispute exists with regard to the payment.
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(3) A licensee is otherwise unable to financially
| | satisfy claimants in accordance with any applicable statute, rule, or agreement, assuming a bona fide dispute does not exist between the licensee and the claimant.
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(4) A licensee has violated any of the other
| | provisions of this Code and the violation, or the pattern of the violations, would create a substantial risk of failure.
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(5) A licensee has failed to pay a penalty or post
| | collateral or guarantees by the date ordered by the Director.
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(6) A licensee has failed to pay an assessment as
| | required by Section 5-30.
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(b) The Director may revoke a license if the Director finds, after an
administrative hearing,
that any of the grounds for suspension under item
(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) of Section
15-40 have occurred.
(c) When a licensee voluntarily files for bankruptcy
under the federal bankruptcy laws, that filing
constitutes a revocation of the license of the licensee on the
day that the filing occurs.
(d) When an order for relief is entered in reference to a
licensee as a consequence of a petition for involuntary
bankruptcy filed under the federal bankruptcy laws, that order
constitutes a revocation of the license
on the date of that order.
(e) Within 10 days after suspension of a license, an
administrative hearing shall be commenced to determine whether the
license shall be reinstated or revoked. Whenever an administrative hearing is
scheduled, the licensee shall be
served with written notice of the date, place, and time of the hearing at least
5
days before
the hearing date. The notice may be served by personal
service on the licensee or by mailing it by registered or
certified mail, return receipt requested, to the licensee's place of business.
The Director may,
after a hearing, issue an order either revoking or reinstating the
license.
(Source: P.A. 93-225, eff. 7-21-03.)
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