(a) Upon written notice to a licensee, the Secretary may suspend or revoke any license issued pursuant to this Act if, in the notice, he or she makes a finding of one or more of the following:
         (1) that through separate acts or an act or a course
    
of conduct, the licensee has violated any provisions of this Act, any rule adopted by the Secretary, or any other law, rule, or regulation of this State or the United States;
        (2) that any fact or condition exists that, if it had
    
existed at the time of the original application for the license, would have warranted the Secretary in refusing originally to issue the license; or
        (3) that if a licensee is other than an individual,
    
any ultimate equitable owner, officer, director, or member of the licensed partnership, association, corporation, or other entity has acted or failed to act in a way that would be cause for suspending or revoking a license to that party as an individual.
    (b) No license shall be suspended or revoked, except as provided in this Section, nor shall any licensee be fined without notice of his or her right to a hearing as provided in Section 20-65 of this Act.
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Terms Used In Illinois Compiled Statutes 110 ILCS 992/20-30

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     (c) The Secretary, on good cause shown that an emergency exists, may suspend any license for a period not exceeding 180 days, pending investigation.
     (d) The provisions of subsection (d) of Section 15-40 of this Act shall not affect a licensee’s civil or criminal liability for acts committed prior to surrender of a license.
     (e) No revocation, suspension, or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any person.
     (f) Every license issued under this Act shall remain in force and effect until the license expires without renewal, is surrendered, is revoked, or is suspended in accordance with the provisions of this Act, but the Secretary shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license has been revoked if no fact or condition then exists which would have warranted the Secretary in refusing originally to issue that license under this Act.
     (g) Whenever the Secretary revokes or suspends a license issued pursuant to this Act or fines a licensee under this Act, he or she shall execute a written order to that effect. The Secretary shall post notice of the order on an agency Internet site maintained by the Secretary or on the Nationwide Multistate Licensing System and Registry and shall serve a copy of the order upon the licensee. Any such order may be reviewed in the manner provided by Section 20-65 of this Act.
     (h) If the Secretary finds any person in violation of the grounds set forth in subsection (i), he or she may enter an order imposing one or more of the following penalties:
         (1) revocation of license;
         (2) suspension of a license subject to reinstatement
    
upon satisfying all reasonable conditions the Secretary may specify;
        (3) placement of the licensee or applicant on
    
probation for a period of time and subject to all reasonable conditions as the Secretary may specify;
        (4) issuance of a reprimand;
         (5) imposition of a fine not to exceed $25,000 for
    
each count of separate offense; except that a fine may be imposed not to exceed $75,000 for each separate count of offense of paragraph (2) of subsection (i) of this Section; or
        (6) denial of a license.
     (i) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (h) may be taken:
         (1) being convicted or found guilty, regardless of
    
pendency of an appeal, of a crime in any jurisdiction that involves fraud, dishonest dealing, or any other act of moral turpitude;
        (2) fraud, misrepresentation, deceit, or negligence
    
in any student loan transaction;
        (3) a material or intentional misstatement of fact on
    
an initial or renewal application;
        (4) insolvency or filing under any provision of the
    
federal Bankruptcy Code as a debtor;
        (5) failure to account or deliver to any person any
    
property, such as any money, fund, deposit, check, draft, or other document or thing of value, that has come into his or her hands and that is not his or her property or that he or she is not in law or equity entitled to retain, under the circumstances and at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery;
        (6) failure to disburse funds in accordance with
    
agreements;
        (7) having a license, or the equivalent, to practice
    
any profession or occupation revoked, suspended, or otherwise acted against, including the denial of licensure by a licensing authority of this State or another state, territory, or country for fraud, dishonest dealing, or any other act of moral turpitude;
        (8) failure to comply with an order of the
    
Secretary or rule made or issued under the provisions of this Act;
        (9) engaging in activities regulated by this Act
    
without a current, active license unless specifically exempted by this Act;
        (10) failure to pay in a timely manner any fee,
    
charge, or fine under this Act;
        (11) failure to maintain, preserve, and keep
    
available for examination all books, accounts, or other documents required by the provisions of this Act and the rules of the Secretary;
        (12) refusing, obstructing, evading, or unreasonably
    
delaying an investigation, information request, or examination authorized under this Act, or refusing, obstructing, evading, or unreasonably delaying compliance with the Secretary’s subpoena or subpoena duces tecum; and
        (13) failure to comply with or a violation of any
    
provision of this Act.
    (j) A licensee shall be subject to the disciplinary actions specified in this Act for violations of subsection (i) by any officer, director, shareholder, joint venture, partner, ultimate equitable owner, or employee of the licensee.
     (k) A licensee shall be subject to suspension or revocation for unauthorized employee actions only if there is a pattern of repeated violations by employees or the licensee has knowledge of the violations or there is substantial harm to a consumer.
     (l) Procedures for surrender of a license include the following:
         (1) The Secretary may, after 10 days’ notice by
    
certified mail to the licensee at the address set forth on the license, stating the contemplated action and in general the grounds for the contemplated action and the date, time, and place of a hearing thereon, and after providing the licensee with a reasonable opportunity to be heard prior to such action, fine such licensee an amount not exceeding $25,000 per violation, or revoke or suspend any license issued under this Act if he or she finds that:
            (i) the licensee has failed to comply with any
        
provision of this Act or any order, decision, finding, rule, regulation, or direction of the Secretary lawfully made pursuant to the authority of this Act; or
            (ii) any fact or condition exists that, if it
        
had existed at the time of the original application for the license, clearly would have warranted the Secretary in refusing to issue the license.
        (2) Any licensee may submit an application to
    
surrender a license, but, upon the Secretary approving the surrender, it shall not affect the licensee’s civil or criminal liability for acts committed prior to surrender or entitle the licensee to a return of any part of the license fee.
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