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91_HB2704eng HB2704 Engrossed LRB9105543LDmb 1 AN ACT to create the Deferred Presentment Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be known as the 5 Deferred Presentment Act. 6 Section 45. Violations; suspension or revocation of 7 licenses. The Director may, upon 10 days notice to the 8 licensee by United States mail directed to the licensee at 9 the address set forth in the license, stating the 10 contemplated action and in general the grounds therefor, and 11 upon reasonable opportunity to be heard prior to such action, 12 fine, suspend, or revoke any license issued hereunder if he 13 or she finds that: 14 (1) The licensee has failed to pay the annual 15 license fee or to comply with any order, decision, or 16 finding of the Director made pursuant to this Act; 17 (2) The licensee has violated any provision of this 18 Act or any regulation or direction made by the Director 19 under this Act; 20 (3) Any fact or condition exists which, if it had 21 existed at the time of the original application for such 22 license, would have warranted the Director in refusing 23 the issuance of the license; 24 (4) The licensee has not operated the deferred 25 presentment business at the location licensed for a 26 period of 60 consecutive days, unless the licensee was 27 prevented from operating during such period by reason of 28 events or acts beyond the licensee's control. 29 Prior to suspension or revocation of a license issued 30 under this Act, the Director may but is not required to fine 31 a licensee up to a maximum of $100 a day. HB2704 Engrossed -2- LRB9105543LDmb 1 The Director may fine, suspend or revoke only the 2 particular license or licenses for particular places of 3 business or locations with respect to which grounds for 4 revocation may occur or exist; except that if he or she finds 5 that such grounds for revocation are of general application 6 to all places of business or locations, or that such grounds 7 for fines, suspension, or revocation have occurred or exist 8 with respect to a substantial number of places of business or 9 locations, he or she may fine, suspend, or revoke all of the 10 licenses issued to the licensee. 11 A licensee may surrender any license by delivering to the 12 Director written notice that he or she thereby surrenders 13 such license, but such surrender shall not affect such 14 licensee's civil or criminal liability for acts committed 15 prior to such surrender or entitle such licensee to a return 16 of any part of the annual license fee or fees. 17 Every license issued under this Act shall remain in force 18 until it expires, or is surrendered, suspended, or revoked in 19 accordance with this Act, but the Director may on his or her 20 own motion issue a new license to a licensee whose license 21 was revoked if no fact or condition then exists that clearly 22 would have warranted the Director in refusing originally the 23 issuance of the license under this Act. 24 No license shall be revoked until the licensee has had 25 notice of a hearing thereon and an opportunity to be heard. 26 When any license is so revoked, the Director shall within 20 27 days thereafter, prepare and keep on file in his or her 28 office a written order or decision of revocation that shall 29 contain his or her findings with respect thereto and the 30 reasons supporting the revocation and shall send by United 31 States mail a copy thereof to the licensee at the address set 32 forth in the license within 5 days after the filing in his or 33 her office of such order, finding, or decision. A review of 34 any such order, finding, or decision may be had in the same HB2704 Engrossed -3- LRB9105543LDmb 1 manner as provided in Section 22.01 of the Currency Exchange 2 Act.