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| Public Act 098-0613 | ||||
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AN ACT concerning State government.
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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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bSection 5. The Illinois Funeral or Burial Funds Act is | ||||
amended by changing Section 3a as follows:
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(225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a)
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Sec. 3a. Denial, suspension, or revocation of license.
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(a) The Comptroller may refuse to issue or may suspend
or | ||||
revoke a license on any of the following grounds:
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(1) The applicant or licensee has made any
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misrepresentations or false statements or concealed any
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material fact.
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(2) The applicant or licensee is insolvent.
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(3) The applicant or licensee has been engaged in
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business practices that work a fraud.
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(4) The applicant or licensee has refused to give
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pertinent data to the Comptroller.
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(5) The applicant or licensee has failed to satisfy
any | ||||
enforceable judgment or decree rendered by any court
of | ||||
competent jurisdiction against the applicant.
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(6) The applicant or licensee has conducted or is
about | ||||
to conduct business in a fraudulent manner.
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(7) The trust agreement is
not in compliance with State | ||||
or federal law.
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(8) The fidelity bond is not satisfactory to the
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Comptroller.
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(9) As to any individual required to be listed in the | ||
license application,
the individual has
conducted or is | ||
about to conduct any business on behalf
of the applicant in | ||
a fraudulent manner; has been
convicted of any felony or | ||
misdemeanor, an essential
element of which is fraud; has | ||
had a judgment rendered
against him or her based on fraud | ||
in any civil
litigation; has failed to satisfy any | ||
enforceable
judgment or decree rendered against him or her | ||
by any
court of competent jurisdiction; or has been | ||
convicted
of any felony or any theft-related offense.
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(10) The applicant or licensee, including any member,
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officer, or director thereof if the applicant or
licensee | ||
is a firm, partnership, association or
corporation and any | ||
shareholder holding more than 10% of
the corporate stock, | ||
has violated any provision of this
Act or any regulation, | ||
decision, order, or finding made
by the Comptroller under | ||
this Act.
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(11) The Comptroller finds any fact or condition
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existing which, if it had existed at the time of the
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original application for such license, would have
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warranted the Comptroller in refusing the issuance of
the | ||
license.
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(12) If an applicant or licensee engages in a lockout, | ||
as defined in the Employment of Strikebreakers Act, and the | ||
Comptroller has reason to believe the lockout is negatively | ||
impacting the consumer. | ||
(b) Before refusal to issue or renew and before suspension | ||
or
revocation of a
license, the Comptroller shall hold a | ||
hearing to determine whether the
applicant or licensee, | ||
hereinafter referred to as the respondent, is entitled
to hold | ||
such a license. At least 10 days prior to the date set for such
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hearing, the Comptroller shall notify the respondent in writing | ||
that on the
date designated a hearing will be held to determine | ||
his eligibility for a
license and that he may appear in person | ||
or by counsel. Such written
notice may be served on the | ||
respondent personally, or by registered or
certified mail sent | ||
to the respondent's business address as shown in his
latest | ||
notification to the Comptroller. At the hearing, both the
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respondent and the complainant shall be accorded ample | ||
opportunity to
present in person or by counsel such statements, | ||
testimony, evidence and
argument as may be pertinent to the | ||
charges or to any defense thereto. The
Comptroller may | ||
reasonably continue such hearing from time to time.
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The Comptroller may subpoena any person or persons in this | ||
State and take
testimony orally, by deposition or by exhibit, | ||
in the same manner and with
the same fees and mileage | ||
allowances as prescribed in judicial proceedings
in civil | ||
cases.
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Any authorized agent of the Comptroller may administer | ||
oaths to witnesses
at any hearing which the Comptroller is | ||
authorized to conduct.
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(Source: P.A. 92-419, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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