Public Act 096-0464
Public Act 0464 96TH GENERAL ASSEMBLY
|Public Act 096-0464
||LRB096 03551 RCE 13576 b
AN ACT concerning warehouses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Grain Code is amended by changing Sections
1-10, 1-25, 10-15, 10-25, and 25-5 as follows:
(240 ILCS 40/1-10)
As used in this Act:
"Board" means the governing body of the Illinois Grain
"Certificate" means a document, other than the license,
the Department that certifies that a grain dealer's
been issued and is in effect.
(a) a person, including, without limitation, a lender:
(1) who possesses warehouse receipts issued from an
owned or stored by a
failed warehouseman; or
(2) who has other written evidence of a storage
obligation of a failed warehouseman issued from an Illinois
location in favor
of the holder,
including, but not limited
to, scale tickets,
settlement sheets, and ledger cards; or
(3) who has loaned
money to a warehouseman and was to
receive a warehouse receipt
issued from an Illinois
location as security for that loan, who
warehouse receipts as part of a grain sale at an Illinois
delivered grain out of storage with the
warehouseman as part of a grain sale at
(i) the grain dealer or warehouseman failed within
21 days after the
of money, the surrender of
warehouse receipts, or the delivery of grain, as the
case may be, and no
warehouse receipt was issued or
payment in full was not made on the grain sale,
case may be; or
(ii) written notice was given by the person to the
Department within 21
days after the loan of money, the
surrender of warehouse receipts, or the
grain, as the case may be, stating that no warehouse
issued or payment in full made on the grain
sale, as the case may be; or
(b) a producer not included in item (a)(3) in the
definition of "Claimant"
who possesses evidence of the sale at
an Illinois location of grain delivered
to a failed grain
dealer, or its designee in Illinois and who was not paid
"Class I warehouseman" means a warehouseman who is
issue negotiable and non-negotiable warehouse
"Class II warehouseman" means a warehouseman who is
issue only non-negotiable warehouse receipts.
"Code" means this Grain Code.
(a) irrevocable letters of credit;
(b) certificates of deposit;
(c) cash or a cash equivalent; or
(d) any other property acceptable to the Department to the
extent there exists equity in that property. For the purposes
this item (d), "equity" is the amount by which the fair
market value of the property exceeds the amount owed to a
has a valid, prior, perfected security interest in
or other valid, prior,
perfected lien on
"Corporation" means the Illinois Grain Insurance
"Daily position record" means a grain inventory
record maintained on a daily basis that includes
reflection of changes in grain inventory, storage
company-owned inventory by commodity, and other
that is required by the Department.
"Daily grain transaction report" means a record of the
transactions of a grain dealer showing the amount of all
received and shipped during each day and the amount on
hand at the
end of each day.
"Date of delivery of grain" means:
(a) the date grain is delivered to a grain dealer, or its
purpose of sale;
(b) the date grain is delivered to a warehouseman, or its
purpose of storage; or
(c) in reference to grain in storage with a warehouseman,
the date a warehouse receipt representing stored grain is
to the issuer of the warehouse receipt for the
purpose of selling the stored
or, if no warehouse receipt
(1) the date the purchase price for stored grain is
(2) if sold by price later contract, the date of the
price later contract.
"Department" means the Illinois Department of Agriculture.
"Depositor" means a person who has evidence of a storage
obligation from a warehouseman.
"Director", unless otherwise provided, means the Illinois
Agriculture, or the Director's designee.
"Electronic document" means a document that is generated,
or stored by electrical, digital, magnetic,
optical electromagnetic, or any
other similar means,
including, but not limited to, electronic data
telegram, telex, or telecopy.
"Electronic warehouse receipt" means a warehouse receipt
that is issued or
transmitted in the form of an electronic
"Emergency storage" means space measured in bushels and
used for a
period of time not to exceed 3 months for storage of
as a consequence of an emergency situation.
"Equity assets" means:
(a) The equity in any property of the
licensee or failed
licensee, other than grain assets. For purposes of this item
(1) "equity" is the amount by which the fair market
value of the property exceeds the amount owed to a creditor
has a valid security interest in or other valid lien on
that was perfected before the date of failure
(2) a creditor is not deemed to have a valid
interest or other valid lien
on property if (i) the
property can be directly traced as being from the sale
grain by the licensee or failed licensee; (ii) the security
taken as additional collateral on account of
an antecedent debt owed to the
creditor; and (iii) the
security interest or other lien was perfected (A) on or
within 90 days before the date of failure of the licensee
or (B) when the
creditor is a related person, within one
year of the date of failure of the
"Failure" means, in reference to a licensee:
(a) a formal declaration of insolvency;
(b) a revocation of a license;
(c) a failure to apply for license renewal, leaving
indebtedness to claimants;
(d) a denial of license renewal, leaving indebtedness to
(e) a voluntary surrender of a license, leaving
indebtedness to claimants.
"Federal warehouseman" means a warehouseman licensed
the United States government under the United
Act (7 U.S.C. 241 et seq.).
"Fund" means the Illinois Grain Insurance Fund.
"Grain" means corn, soybeans, wheat, oats, rye, barley,
sorghum, canola, buckwheat, flaxseed, edible soybeans,
other like agricultural commodities that may be
"Grain assets" means:
(a) all grain owned and all grain stored by a licensee or
failed licensee, wherever located, including redeposited grain
of a licensee
or failed licensee;
(c) identifiable proceeds, including, but not limited to,
received by or due to a licensee or failed
from the sale, exchange,
or theft of grain, or other disposition of grain by the
licensee or failed licensee; or
(d) assets in hedging or speculative margin accounts held
commodity or security exchanges on behalf of a licensee or
licensee and any moneys due or to become due to a
failed licensee, less any secured financing
directly associated with those
assets or moneys, from any
transactions on those exchanges.
For purposes of this Act, storage charges, drying charges,
contract service charges, and other grain service
charges received by or due to
a licensee or failed licensee
shall not be deemed to be grain assets, nor shall
be deemed to be proceeds from the sale or other disposition of
grain by a licensee or a failed licensee, or to have been
indirectly traceable from, to have resulted from,
or to have been derived in
or in part from, or otherwise
related to, the sale or other disposition of
grain by the
licensee or failed licensee.
"Grain dealer" means a person who is licensed by the
engage in the business of buying grain from
"Grain Indemnity Trust Account" means a trust account
the Director under Section 205-410 of the
Agriculture Law (20 ILCS 205/205-410) that is
used for the receipt and
moneys paid from the
Fund and proceeds from the liquidation of and
grain assets, equity assets, collateral, and
guarantees of or
relating to failed licensees. The Grain Indemnity
shall be used to pay valid claims, authorized refunds
Fund, and expenses incurred in preserving, liquidating, and
collecting upon grain assets, equity assets, collateral, and
guarantees relating to failed licensees.
"Guarantor" means a person who assumes all or part of the
obligations of a licensee to claimants.
"Guarantee" means a document executed by a guarantor by
guarantor assumes all or part of the obligations of a
"Incidental grain dealer" means a grain dealer who
only in connection with a feed milling
operation and whose total
purchases of grain from producers
during the grain dealer's fiscal
year do not exceed $100,000.
"Licensed storage capacity" means the maximum grain
measured in bushels approved by the applicable
licensing agency for
use by a warehouseman.
"Licensee" means a grain dealer or warehouseman who is
the Department and a federal warehouseman that is a
in the Fund, under subsection (c) of Section 30-10.
"Official grain standards" means the official grade
adopted by the United States Department of
the United States Grain Standards Act and
regulations adopted under that Act (7
U.S.C. 71 et seq. and 7
CFR 810.201 et seq.).
"Permanent storage capacity" means the capacity of
available for storage of grain on a
regular and continuous basis,
measured in bushels.
"Person" means any individual or entity, including, but not
limited to, a sole proprietorship, a partnership, a
a cooperative, an association, a limited
liability company, an estate,
a trust, or a governmental
"Price later contract" means a
, in written
or electronic form,
for the sale of
grain whereby any part of
the purchase price may be established by
the seller after
delivery of the grain to a grain dealer
according to a pricing
formula contained in the contract. Title to
the grain passes to
the grain dealer at the time of delivery. The
the general terms and conditions
of the contract
established by rule.
"Producer" means the owner, tenant, or operator of land who
interest in and receives all or part of the proceeds
sale of the grain produced on the land.
"Producer protection holding corporation" means a holding
corporation to receive, hold title to, and liquidate assets of
relating to a failed licensee, including assets in reference
collateral or guarantees relating to a failed licensee.
"Regulatory Fund" means the fund created under Article 35.
"Related persons" means affiliates of a licensee, key
of a licensee, owners of a licensee, and persons who
control over a licensee. For the purposes of this
(a) "Affiliate" means a person who has direct or
of a licensee, is controlled by a
licensee, or is under common
control with a licensee.
(b) "Key person" means an officer, a director, a
trustee, a partner,
a proprietor, a manager, a managing
agent, or the spouse of a licensee. An
officer or a
director of an entity organized or operating as a
however, shall not be considered to be a "key
(c) "Owner" means the holder of: over 10% of the total
combined voting power of a corporation or over 10% of
total value of shares of all classes of stock of a
over a 10% interest in a partnership; over
of the value of a trust computed actuarially; or over
of the legal or beneficial interest in any other
association, endeavor, or entity that is a licensee. For
purposes of computing these percentages, a holder is
to own stock or other interests in a business entity
whether the ownership is direct or indirect.
(d) "Control" means the power to exercise authority
over or direct
the management or policies of a business
(e) "Indirect" means an interest in a business held by
not through the holder's actual holdings in the
through the holder's holdings in another
business or other businesses.
(f) Notwithstanding any other provision of this Act,
the term "related
person" does not include a lender,
secured party, or other lien holder solely
by reason of the
existence of the loan, security interest, or lien, or
by reason of the lender, secured party, or other
lien holder having or
exercising any right or remedy
provided by law or by agreement with a licensee
or a failed
"Reserve Fund" means a separate and discrete fund of up to
by the Corporation as set forth in Section
"Successor agreement" means an agreement by which a
licensee succeeds to
the grain obligations of a former
"Temporary storage space" means space measured in bushels
for 6 months or less for storage of grain
temporary basis due to a need for additional storage in excess
of permanent storage capacity.
"Trust account" means the Grain Indemnity Trust Account.
"Valid claim" means a request for payment under the
provisions of this
Code, submitted by a claimant, the amount
and category of which have been determined by the Department,
to the extent
that determination is not subject to further
Each grain sale transaction
and each storage obligation shall be considered a
discrete request for payment even though one or more requests
contained on one claim form or are filed with the
Department in one document.
"Warehouse" means a building, structure, or enclosure in
is stored for the public for compensation, whether
different owners is commingled or whether identity of
different lots of grain is preserved.
"Warehouse receipt" means a receipt for the storage of
by a warehouseman.
"Warehouseman" means a person who is licensed:
(a) by the Department to engage in the
storing grain for compensation; or
(b) under the United States Warehouse Act but
subsection (c) of Section
(Source: P.A. 92-16, eff.
6-28-01; 93-225, eff. 7-21-03.)
(240 ILCS 40/1-25)
The Department may
promulgate rules that
for the implementation and administration of this
The Department shall adopt rules governing electronic
systems under which
electronic warehouse receipts
issued and transferred. Licensees shall
not be required,
however, to issue or use electronic warehouse receipts. These
rules shall be adopted after the United States Department of
regulations concerning an electronic
receipt transfer system pursuant to 7
U.S.C. 242, 250.
(b) The Department shall adopt rules governing electronic
price later contracts. Licensees and producers shall not be
required, however, to issue or use electronic price later
(Source: P.A. 93-225, eff. 7-21-03.)
(240 ILCS 40/10-15)
Price later contracts.
(a) Price later contracts shall
written on forms
prescribed or authorized by the Department
shall be in either written or electronic form. If in written
later contract forms
printed by a
person authorized to print those contracts by the
after that person has agreed to comply with each of the
(1) That all price later contracts shall be printed as
prescribed by the Department and shall be printed only for
licensed grain dealer.
(2) That all price later contracts shall be numbered
consecutively and a complete record of these contracts
be retained showing for whom printed and the
numbers printed on the contracts.
(3) That a duplicate copy of all invoices rendered for
printing price later contracts that will show the
numbers printed on the contracts, and the
number of contracts printed,
shall be promptly forwarded to
(4) that the person shall register with the Department
and pay an annual
registration fee of $100 to print price
Price later contracts that are in electronic form shall be
(b) A grain dealer purchasing grain by price later contract
shall at all times own grain, rights in grain, proceeds from
sale of grain, and other assets acceptable to the
Department as set
forth in this Code totaling 90% of the unpaid
the grain dealer's obligations for grain purchased
by price later
contract. That amount shall at all times remain
shall be represented by the aggregate of the
(1) Grain owned by the grain dealer
valued by means of
the hedging procedures method that
includes marking open
contracts to market.
(2) Cash on hand.
(3) Cash held on account in federally or State licensed
(4) Investments held in time accounts with federally or
State licensed financial institutions.
(5) Direct obligations of the U.S. government.
(6) Funds on deposit in grain margin accounts.
(7) Balances due or to become due to the licensee on
price later contracts.
(8) Marketable securities, including mutual funds.
(9) Irrevocable letters of credit in favor of the
Department and acceptable to the Department.
(10) Price later contract service charges due or to
become due to the licensee.
(11) Other evidence of proceeds from or of grain that
acceptable to the Department.
(c) For the purpose of computing the dollar value of grain
and the balance due on price later contract obligations, the
of grain shall be figured at the current market price.
(d) Title to grain sold by price later contract shall
transfer to a grain dealer at the time of delivery of the
Therefore, no storage charges shall be made with respect
purchased by price later contract. A service charge
handling the contract, however, may be made.
(e) Subject to subsection (f) of this Section,
if a price
later contract is not signed by all parties
within 30 days of
the last date of delivery of grain
intended to be sold by price
later contract, then
the grain intended to be sold by price
later contract shall
be priced on the next business day after
30 days from
the last date of delivery of grain intended to be
by price later contract at the market price of the grain
at the close of the next business day after the 29th day.
the grain is priced under this subsection, the grain dealer
notice to the seller of the grain within 10 days.
The notice shall contain the
number of bushels sold, the price
per bushel, all applicable discounts, the net
proceeds, and a
notice that states that the Grain Insurance Fund shall provide
protection for a period of only 160 days from the date of
pricing of the grain.
In the event of a failure, if a price later contract is not
signed by all
the parties to the transaction, the Department
may consider the grain to be
sold by price later contract if a
preponderance of the evidence indicates the
grain was to be
sold by price later contract.
(f) If grain is in storage with a
warehouseman and is
intended to be sold by price later contract, that grain
be considered as remaining in storage and not be deemed sold by
later contract until the date the price later contract is
signed by all
(g) Scale tickets or other approved documents with
to grain purchased by a grain dealer by price later
shall contain the following: "Sold Grain; Price Later".
(h) Price later contracts shall be issued consecutively and
dealer as established by rule.
(i) A licensee shall not issue a collateral warehouse
receipt on grain purchased by a price later contract to the
the purchase price has not been paid by the licensee.
(j) Failure to comply with the requirements of this Section
may result in suspension
of the privilege to purchase grain by
price later contract for up
to one year.
(k) When a producer with a price later contract selects a
price for all or
any part of the grain represented by that
contract, then within 5 business days
after that price
selection, the licensee shall mail to that producer a
confirmation of the price selection, clearly and succinctly
If the price later contract is
in electronic form, the licensee shall, within 5 business days
after that price selection, e-mail to that producer a
confirmation of the price selection, clearly and succinctly
indicating the price selected, in full satisfaction of the
mailing requirement in the previous sentence.
(l) The issuance and use of price later contracts in
electronic form pursuant to the rules promulgated by the
Department are specifically authorized by this Code, and any
such price later contracts shall have the same validity and
enforceability, for all purposes, as those in non-electronic
form. For purposes of this Code, the word "written", and
derivatives thereof, when used in relation to price later
contracts, shall include price later contracts created or
(Source: P.A. 93-225, eff. 7-21-03.)
(240 ILCS 40/10-25)
Warehouse receipts and storage of grain.
(a) When grain is delivered to a warehouseman at a location
where grain is also purchased, the licensee shall give written
evidence of delivery of grain and that written evidence shall
marked to indicate whether the grain is delivered for
for sale. In the absence of adequate evidence of
sale, the grain
shall be construed to be in storage.
(b) Upon demand by a depositor, a warehouseman shall
warehouse receipts for grain delivered into storage.
(c) There shall be no charge for the first warehouse
receipt issued to a depositor for a given lot of grain.
for any additional warehouse receipts for grain
covered by a warehouse receipt must be commensurate
cost of issuance of the additional warehouse receipt.
(d) A warehouseman shall issue warehouse receipts only in
accordance with the following requirements:
(1) Warehouse receipts shall be consecutively numbered
in a form
by the Department and issued
consecutively by the warehouseman.
(2) In the case of a lost or destroyed warehouse
receipt, the new warehouse receipt shall bear the same date
the original and shall be plainly marked on its face
"duplicate in lieu of lost or destroyed warehouse receipt
number .......", and the warehouseman shall duly fill in
the blank with the appropriate warehouse receipt number.
(3) Warehouse receipts shall be printed by a person
authorized by the Department.
The person shall register
with the Department and pay an annual registration
$100 to print warehouse receipts.
(4) Negotiable warehouse receipts shall be issued only
for grain actually in storage with the warehouseman from
it is issued or redeposited by that warehouseman as
provided in subsection (e)
of Section 10-20.
(5) A warehouseman shall not insert in any negotiable
warehouse receipt issued by it any language that in any way
limits or modifies its liability or responsibility.
(e) Upon delivery of grain covered by a negotiable
receipt, the holder of the negotiable warehouse
surrender the warehouse receipt for cancellation,
and a warehouseman must
and issue a new negotiable
warehouse receipt for the balance of
grain in storage.
(f) When all grain, the storage of which is evidenced by a
warehouse receipt, is delivered from storage, the warehouse
shall be plainly marked across its face with the word
and shall have written on it the date of
cancellation, the name
of the person canceling the warehouse
receipt, and such other information as
required by rule, and is
(g) When a warehouseman delivers grain out of storage but
fails to collect and cancel the negotiable warehouse receipt,
shall be liable to any purchaser of the
negotiable warehouse receipt for value
failure to deliver the grain to the
purchaser, whether the
purchaser acquired the negotiable warehouse receipt
after the delivery of the grain by the warehouseman.
however, grain has been lawfully sold by a warehouseman to
satisfy its warehouseman's lien, the warehouseman shall not be
liable for failure to deliver the grain pursuant to the demands
a holder of a negotiable warehouse receipt to the extent of
the amount of
(h) Except as otherwise provided by this Code or other
applicable law, a warehouseman shall deliver the grain upon
made by the holder of a warehouse receipt pertaining to
that grain if the
(1) satisfaction of the warehouseman's lien;
(2) in the case of a negotiable warehouse receipt, a
properly endorsed negotiable warehouse receipt; or
(3) in the case of a non-negotiable warehouse receipt,
written evidence that the grain was delivered to the
warehouseman and that the depositor is entitled to it.
(i) If no warehouse receipt is issued to a
warehouseman shall deliver grain upon the demand of a
if the demand is accompanied by satisfaction of the
warehouseman's lien and written evidence that the grain was
delivered to the warehouseman and the depositor is entitled to
(j) If a warehouseman refuses or fails to deliver grain in
compliance with a demand by a holder of a warehouse receipt or
depositor, the burden is on the warehouseman to establish
existence of a lawful excuse for the refusal.
(k) If a warehouse receipt has been lost or destroyed, a
warehouseman may issue a substitute warehouse receipt, as
for in this Section, upon delivery to the warehouseman
affidavit under oath stating that the applicant for the
warehouse receipt is entitled to the original
warehouse receipt and
setting forth the circumstances that
resulted in the loss or
destruction of the original warehouse
receipt. The warehouseman
may request from the depositor a bond
in double the value of the
grain represented by the original
warehouse receipt at the time of
issuance of the substitute
warehouse receipt so as to protect the
warehouseman from any
liability or expense that it, or any person
injured by the
delivery, may incur by reason of the original
(l) A warehouse receipt that is to be used for collateral
purposes by a warehouseman must be first issued by the
(m) The Department shall approve temporary storage space in
an amount to be determined by the Department if all the
(1) The warehouseman pays all fees and assessments
associated with the temporary storage space.
(2) The warehouseman demonstrates that there is a need
for additional storage on a temporary basis due to a bumper
crop or otherwise.
(3) The structure for the storage of grain meets all of
the following requirements:
(A) The grain storage area has a permanent base
made of concrete, asphalt, or a material having similar
(B) Hot spot detectors, aeration fans, and ducts
are provided to assure that the quality of grain in
storage is maintained.
(C) The grain storage structure has rigid
sidewalls made of concrete, wood, metal, or a material
having similar structural qualities.
(D) The grain storage structure is equipped with
waterproof covering of sufficient strength to support
a person's weight and with inlets to allow airflow.
(E) Access to the grain is provided for the
of sampling and making examinations.
(4) Temporary storage space shall be considered an
in the licensed storage capacity of the licensee
and shall be
subject to Section 5-30.
(5) The authorization to use temporary storage space
storage of grain shall expire at the end of 6
months after the
date of approval by the Department or May
15th, whichever comes
(n) The Department may approve emergency storage space at
the request of the
licensee according to rule.
(o) The issuance and transfer of the warehouse receipts in
electronic form pursuant to rules promulgated by the Department
are specifically authorized by this Code, and any such
warehouse receipts shall have the same validity and
enforceability, for all purposes, as those in
form. For purposes of this Code, the words
"written" and "printed", and derivatives thereof, when used in
relation to warehouse receipts, shall include warehouse
receipts created or displayed electronically.
(Source: P.A. 94-211, eff. 7-14-05.)
(240 ILCS 40/25-5)
Adjudication of claims.
When a licensee has
experienced a failure, the Department shall process the claims
the following manner:
(a) The Department shall publish once each week for 3
successive weeks in at least 3 newspapers of general
circulation within the
the licensee, and shall mail
or deliver to each claimant whose
name and post office address
are known or are reasonably
ascertainable by the Department, a
(1) That the licensee has experienced a failure and the
date of that failure.
(2) The place and post office address where claims may
(3) The procedure for filing claims, as determined by
(4) That a claimant's claims shall be barred if not
filed with the Department on or before the later of:
(A) the claim date, which shall be 90
the date of failure of the licensee; or
(B) 7 days from the date notice was mailed
claimant if the date notice was mailed to
is on or before the claim date.
(b) Time of notice.
(1) The first date of publication of the notice as
provided for in subsection (a) of this Section shall be
days after the date of failure.
(2) The published notice as provided for in subsection
(a) of this Section
shall be published in at least 3
general circulation in the area formerly
served by the failed
(3) The notice as provided for in subsection (a) of
this Section shall
be mailed by certified mail, return
receipt requested, within
60 days after the date of failure
to each claimant whose
name and post office address are
known by the Department
within 60 days after the date of
(c) Every claim filed must be in writing, verified, and
by a person who has the legal authority to file a claim
behalf of the claimant
and must state information sufficient
to notify the Department of the
nature of the claim and the
(d) A claim shall be barred and disallowed in
(1) notice is published and given to the claimant as
provided for in
subsections (a) and (b) of this Section and
the claimant does not file a
claim with the Department on
or before the claim date; or
(2) the claimant's name or post office address is not
known by the Department or cannot, within 60 days after
date of failure, be reasonably ascertained by the
Department and the claimant does not file a claim with the
Department on or before the later of the claim date or
days after the date notice was mailed to that claimant if
the date notice was mailed to that claimant is on or before
the claim date.
(e) Subsequent notice.
(1) If, more than 60 days after the date of failure but
before the claim date, the Department learns of the name
post office address of a claimant who was previously
notified by the Department by mail, the Department
by certified mail, return receipt requested, the
notice to the
claimant as provided for in subsection (a) of
(2) The notice mailed as provided for in item (e)(1) of
shall not extend the period of time in which a
claimant may file its claim beyond the claim date.
claimant to whom notice is mailed under
item (e)(1) of this
Section, however, shall have the later of the claim date or
7 days after the date notice was mailed to file
with the Department.
(f) The Department shall determine the validity, category,
and amount of each claim within 120 days after the date of
the licensee and shall give written notice within
that time period
claimant and to the failed licensee
the Department's determination as to the validity, category,
amount of each claim.
(g) A claimant or the
failed licensee may request a hearing
on the Department's
determination within 30 days after receipt
of the written
notice and the hearing shall be held
the location of the principal office or place of
business, in Illinois,
in accordance with rules.
Under no circumstances
shall payment to claimants who have not requested a
delayed by reason of the request for a hearing by any unrelated
(h) Within 30 days after a failure of a licensee, the
appoint an Administrative Law Judge for the
hearings. The Director shall
appoint a person licensed to
practice law in this State; who is believed to be
with regard to agriculture and the grain industry in Illinois;
who has no conflict of interest; and who at the time of his or
is not working for or employed by the
Department in any capacity whatsoever.
(i) For the purposes of this Article, the "reasonably
ascertainable" standard shall be satisfied when the Department
conducts a review of the failed licensee's books and records
interview of office and clerical personnel of the failed
(j) It is the intent of this Act that the time periods and
this Section 25-5 are absolute, and
are not to be
tolled, or their operation halted or delayed.
In the event of a
bankruptcy by a licensee,
the Director shall seek to have
proceedings that are necessary and
lift the automatic stay or make it otherwise inapplicable to
of the Department with regard to the claims
determination process. In all other
cases, the Department shall
seek to have commenced the proceedings necessary to
expeditiously remove or lift any order of any court
administrative agency that might attempt to delay the time
deadlines contained in this Section 25-5.
(Source: P.A. 93-225, eff. 7-21-03.)
This Act takes effect upon
Effective Date: 8/14/2009