(225 ILCS 447/40-30)
(Text of Section before amendment by P.A. 103-309)
(Section scheduled to be repealed on January 1, 2029)
Sec. 40-30. Insufficient funds; checks. A person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution
upon which it was drawn shall pay to the Department, in
addition to the amount already owed, a penalty of $50. The
Department shall notify the person by first class mail
that his or her check
or payment was returned and that the person shall pay to the
Department by certified check or money order the amount of the
returned check plus a $50 penalty within 30 calendar days
after the date of the notification. If, after the expiration
of 30 calendar days of the notification, the person has failed
to remit the necessary funds and penalty, the Department shall
automatically terminate the license or deny the application
without a hearing. If the returned check or other payment was
for issuance of a license under this Act and that person
practices as a licensee, that person may be subject to
discipline for unlicensed practice as provided in this Act.
If, after termination or denial, the person seeks a license,
he or she shall petition the Department for restoration and he
or she may be subject to additional discipline or fines. The Secretary
may waive the penalties or fines due under this
Section in individual cases where the Secretary finds that the
penalties or fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 98-253, eff. 8-9-13.)
(Text of Section after amendment by P.A. 103-309)
(Section scheduled to be repealed on January 1, 2029)
Sec. 40-30. Insufficient funds; checks. A person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution
upon which it was drawn shall pay to the Department, in
addition to the amount already owed, a penalty of $50. The
Department shall notify the person by first class mail
that the person's check
or payment was returned and that the person shall pay to the
Department by certified check or money order the amount of the
returned check plus a $50 penalty within 30 calendar days
after the date of the notification. If, after the expiration
of 30 calendar days of the notification, the person has failed
to remit the necessary funds and penalty, the Department shall
automatically terminate the license or deny the application
without a hearing. If the returned check or other payment was
for issuance of a license under this Act and that person
practices as a licensee, that person may be subject to
discipline for unlicensed practice as provided in this Act.
If, after termination or denial, the person seeks a license,
the person shall petition the Department for restoration and the person may be subject to additional discipline or fines. The Secretary
may waive the penalties or fines due under this
Section in individual cases where the Secretary finds that the
penalties or fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 103-309, eff. 1-1-24.)
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