Bill Text: IL HB2752 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2017-04-25 - House Floor Amendment No. 3 Recommends Be Adopted Business & Occupational Licenses Committee; 005-002-000 [HB2752 Detail]

Download: Illinois-2017-HB2752-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5changing Section 12 as follows:
6 20 ILCS 2630/12)
7 Sec. 12. Entry of order; effect of expungement or sealing
8records.
9 (a) Except with respect to law enforcement agencies, the
10Department of Corrections, State's Attorneys, or other
11prosecutors, and as provided in Section 13 of this Act, an
12expunged or sealed record may not be considered by any private
13or public entity in employment matters, certification,
14licensing, revocation of certification or licensure, or
15registration. Applications for employment must contain
16specific language which states that the applicant is not
17obligated to disclose sealed or expunged records of conviction
18or arrest. The entity authorized to grant a license,
19certification, or registration shall include, in an
20application for certification, registration, or licensure,
21specific language stating that the applicant is not obligated
22to disclose sealed or expunged records of a conviction or
23arrest; however, if the inclusion of that language in an

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1application for certification, registration, or licensure is
2not practical, the entity shall publish on its website
3instructions specifying that applicants are not obligated to
4disclose sealed or expunged records of a conviction or arrest.
5Employers may not ask if an applicant has had records expunged
6or sealed.
7 (b) A person whose records have been sealed or expunged is
8not entitled to remission of any fines, costs, or other money
9paid as a consequence of the sealing or expungement. This
10amendatory Act of the 93rd General Assembly does not affect the
11right of the victim of a crime to prosecute or defend a civil
12action for damages. Persons engaged in civil litigation
13involving criminal records that have been sealed may petition
14the court to open the records for the limited purpose of using
15them 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
18changing Sections 500-30, 500-70, 1525, and 1555 and by adding
19Sections 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
24producer license must make application on a form specified by

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1the Director and declare under penalty of refusal, suspension,
2or revocation of the license that the statements made in the
3application are true, correct, and complete to the best of the
4individual's knowledge and belief. Before approving the
5application, 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
21insurance for which an insurance producer license is requested
22must be established in accordance with rules prescribed by the
23Director and must consist of the following minimum hours:
24Class of InsuranceNumber of
25Hours
26Life (Class 1 (a))20

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1Accident and Health (Class 1(b) or 2(a))20
2Fire (Class 3)20
3Casualty (Class 2)20
4Personal Lines-Property Casualty20
5Motor Vehicle (Class 2(b) or 3(e))12.5
6 7.5 hours of each pre-licensing course must be completed in
7a classroom setting, except Motor Vehicle, which would require
85 hours in a classroom setting.
9 (c) A business entity acting as an insurance producer must
10obtain an insurance producer license. Application must be made
11using the Uniform Business Entity Application. Before
12approving 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
19necessary to verify the information contained in an
20application.
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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1or refuse to issue or renew an insurance producer's license,
2may issue a license with monitoring requirements, or may levy a
3civil penalty in accordance with this Section or take any
4combination of actions, for any one or more of the following
5causes:
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,
25or revoke a license or to deny an application for a license,
26the Director shall notify the applicant or licensee and advise,

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1in writing, the applicant or licensee of the reason for the
2suspension, revocation, denial or nonrenewal of the
3applicant's or licensee's license. The applicant or licensee
4may make written demand upon the Director within 30 days after
5the date of mailing for a hearing before the Director to
6determine the reasonableness of the Director's action. The
7hearing must be held within not fewer than 20 days nor more
8than 30 days after the mailing of the notice of hearing and
9shall be held pursuant to 50 Ill. Adm. Code 2402.
10 (c) The license of a business entity may be suspended,
11revoked, or refused if the Director finds, after hearing, that
12an individual licensee's violation was known or should have
13been known by one or more of the partners, officers, or
14managers acting on behalf of the partnership, corporation,
15limited liability company, or limited liability partnership
16and the violation was neither reported to the Director nor
17corrective action taken.
18 (d) In addition to or instead of any applicable denial,
19suspension, or revocation of a license, a person may, after
20hearing, be subject to a civil penalty of up to $10,000 for
21each cause for denial, suspension, or revocation, however, the
22civil penalty may total no more than $100,000.
23 (e) The Director has the authority to enforce the
24provisions of and impose any penalty or remedy authorized by
25this Article against any person who is under investigation for
26or charged with a violation of this Code or rules even if the

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1person's license or registration has been surrendered or has
2lapsed by operation of law.
3 (f) Upon the suspension, denial, or revocation of a
4license, the licensee or other person having possession or
5custody of the license shall promptly deliver it to the
6Director in person or by mail. The Director shall publish all
7suspensions, denials, or revocations after the suspensions,
8denials, or revocations become final in a manner designed to
9notify interested insurance companies and other persons.
10 (g) A person whose license is revoked or whose application
11is denied pursuant to this Section is ineligible to apply for
12any license for 3 years after the revocation or denial. A
13person whose license as an insurance producer has been revoked,
14suspended, or denied may not be employed, contracted, or
15engaged in any insurance related capacity during the time the
16revocation, 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
21applicants to report the following information and shall not
22collect and consider the following criminal history records in
23connection 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
20applicant for the purpose of determining whether to grant a
21license, the Director shall consider any evidence of
22rehabilitation and mitigating factors contained in the
23applicant'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
4demonstrate that a prior conviction would impair the ability of
5the applicant to engage in the licensed practice. If the
6Director refuses to issue a license to an applicant, then the
7Director shall notify the applicant of the denial in writing
8with 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
23prepare, publicly announce, and publish a report of summary
24statistical information relating to new and renewal insurance
25producer license applications during the preceding calendar
26year. 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
3applicant under this Section, the Director shall find that the
4applicant:
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
23subsection (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
7necessary to verify the information contained in the
8application.
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
13applicants to report the following information and shall not
14collect or consider the following criminal history records in
15connection 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
12related to the practice of the profession or of any felony of
13the applicant for the purpose of determining whether to grant a
14license, the Director shall consider any evidence of
15rehabilitation and mitigating factors contained in the
16applicant'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
23demonstrate that a prior conviction would impair the ability of
24the applicant to engage in the licensed practice. If the
25Director refuses to issue a license to an applicant, then the
26Director shall notify the applicant of the denial in writing

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1with 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
16prepare, publicly announce, and publish a report of summary
17statistical information relating to new and renewal public
18adjuster license applications during the preceding calendar
19year. 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,
21deny, or refuse to issue or renew a public adjuster's license
22or may levy a civil penalty or issue a license with monitoring
23requirements or any combination of actions, for any one or more
24of 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,
19or revoke a license or to deny an application for a license,
20the Director shall notify the applicant or licensee and advise,
21in writing, the applicant or licensee of the reason for the
22suspension, revocation, denial, or nonrenewal of the
23applicant's or licensee's license. The applicant or licensee
24may make written demand upon the Director within 30 days after
25the date of mailing for a hearing before the Director to
26determine the reasonableness of the Director's action. The

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1hearing must be held within not fewer than 20 days nor more
2than 30 days after the mailing of the notice of hearing and
3shall be held pursuant to 50 Ill. Adm. Code 2402.
4 (c) The license of a business entity may be suspended,
5revoked, or refused if the Director finds, after hearing, that
6an individual licensee's violation was known or should have
7been known by one or more of the partners, officers, or
8managers acting on behalf of the business entity and the
9violation was neither reported to the Director, nor corrective
10action taken.
11 (d) In addition to or in lieu of any applicable denial,
12suspension or revocation of a license, a person may, after
13hearing, be subject to a civil penalty. In addition to or
14instead of any applicable denial, suspension, or revocation of
15a license, a person may, after hearing, be subject to a civil
16penalty of up to $10,000 for each cause for denial, suspension,
17or revocation, however, the civil penalty may total no more
18than $100,000.
19 (e) The Director shall retain the authority to enforce the
20provisions of and impose any penalty or remedy authorized by
21this Article against any person who is under investigation for
22or charged with a violation of this Article even if the
23person's license or registration has been surrendered or has
24lapsed by operation of law.
25 (f) Any individual whose public adjuster's license is
26revoked or whose application is denied pursuant to this Section

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1shall be ineligible to apply for a public adjuster's license
2for 5 years. A suspension pursuant to this Section may be for
3any 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
61, 2018.
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