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| Public Act 102-0205 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Collection Agency Act is amended by | ||||
changing Sections 4.5 and 8a as follows:
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(225 ILCS 425/4.5)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4.5. Unlicensed practice; violation; civil penalty.
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(a) Any person who practices, offers to practice, attempts | ||||
to practice, or
holds oneself out to practice as a collection | ||||
agency without being licensed
under this Act shall, in
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addition to any other penalty provided by law, pay a civil | ||||
penalty to the
Department in an amount not to exceed $10,000 | ||||
for each offense as determined by
the Department. The civil | ||||
penalty shall be assessed by the Department after a
hearing is | ||||
held in accordance with the provisions set forth in this Act
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regarding the provision of a hearing for the discipline of a | ||||
licensee.
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(b) The Department has the authority and power to | ||||
investigate any and all
unlicensed activity. In addition to | ||||
taking any other action provided under this Act, whenever the | ||||
Department has reason to believe a person has violated any | ||||
provision of subsection (a) of this Section, the Department | ||||
may issue a rule to show cause why an order to cease and desist | ||
should not be entered against that person. The rule shall | ||
clearly set forth the grounds relied upon by the Department | ||
and shall provide a period of 7 days from the date of the rule | ||
to file an answer to the satisfaction of the Department. | ||
Failure to answer to the satisfaction of the Department shall | ||
cause an order to cease and desist to be issued immediately.
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(c) The civil penalty shall be paid within 60 days after | ||
the effective date
of the order imposing the civil penalty. | ||
The order shall constitute a judgment
and may be filed and | ||
execution had thereon in the same manner as any judgment
from | ||
any court of record.
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(d) All moneys collected under this Section shall be | ||
deposited into the Financial Institution General Professions | ||
Dedicated Fund. | ||
(Source: P.A. 99-227, eff. 8-3-15.)
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(225 ILCS 425/8a) (from Ch. 111, par. 2011a)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 8a. Fees. | ||
(a) The
fees for the administration and enforcement of | ||
this Act, including but not
limited to original licensure, | ||
renewal, and restoration, shall be set by the Department by | ||
rule. All fees are
nonrefundable.
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(b) All fees collected under this Act by the Department | ||
shall be deposited into the Financial Institution General
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Professions Dedicated Fund and shall be appropriated to the | ||
Department for the
ordinary and contingent expenses of the | ||
Department in the administration of
this Act. After the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly, the Department may transfer any fees collected under | ||
this Act from the General Professions Dedicated Fund to the | ||
Financial Institution Fund.
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(c) The administration fee charged by the multi-state | ||
licensing system shall be paid directly to the multi-state | ||
licensing system. | ||
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||