Full Text of HB4022 96th General Assembly
HB4022 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4022
Introduced 2/26/2009, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
|
|
Amends the Employee Leasing Company Act. Provides that any registration issued under the Act may be revoked or an
application for registration may be denied if the Director of Insurance finds that the
lessor, applicant, chief executive officer, partner, sole proprietor, or executive director (instead of lessor or applicant) meets certain conditions.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB4022 |
|
LRB096 09186 RPM 19336 b |
|
| 1 |
| AN ACT concerning insurance.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Employee Leasing Company Act is amended by | 5 |
| changing Section 50 as follows:
| 6 |
| (215 ILCS 113/50)
| 7 |
| Sec. 50. Grounds for removal of eligibility; order; | 8 |
| hearing; review.
| 9 |
| (a) Any registration issued under this Act may be revoked | 10 |
| or an
application for registration may be denied if the | 11 |
| Director finds that the
lessor , or applicant , chief executive | 12 |
| officer, partner, sole proprietor, or executive director :
| 13 |
| (1) has willfully violated any provision of this Act or | 14 |
| any rule
promulgated by the Director;
| 15 |
| (2) has intentionally made a material misstatement in | 16 |
| the application for
a registration;
| 17 |
| (3) has obtained or attempted to obtain a registration | 18 |
| through
misrepresentation or fraud;
| 19 |
| (4) has misappropriated or converted to his own, or | 20 |
| improperly withheld,
money required to be held in a | 21 |
| fiduciary capacity;
| 22 |
| (5) has used fraudulent, coercive, or dishonest | 23 |
| practices, or has
demonstrated incompetence, |
|
|
|
HB4022 |
- 2 - |
LRB096 09186 RPM 19336 b |
|
| 1 |
| untrustworthiness, or financial irresponsibility;
| 2 |
| (6) has been, within the past 3 years, convicted of a | 3 |
| felony, unless the
person demonstrates to the Director | 4 |
| sufficient rehabilitation to warrant the
public trust;
| 5 |
| (7) has failed to appear without reasonable cause or | 6 |
| excuse in response to
a subpoena lawfully issued by the | 7 |
| Director;
| 8 |
| (8) has had its registration or license suspended or | 9 |
| revoked or its
application denied in any other state, | 10 |
| district, territory, or province;
| 11 |
| (b) When the Director of Insurance has cause to believe | 12 |
| that grounds for the
refusal, denial, or revocation of a | 13 |
| registration under this Section exists, the
Director shall | 14 |
| issue an order to the lessor stating the grounds upon which the
| 15 |
| refusal, denial, or revocation is based. The order shall be | 16 |
| sent to the lessor
by certified or registered mail. The lessor | 17 |
| may request a hearing in writing
within 30 days of the mailing | 18 |
| of the order. If no written request is received
by the | 19 |
| Director, the order shall be final upon the expiration of the | 20 |
| 30 days.
| 21 |
| (c) If the lessor requests a hearing pursuant to this
| 22 |
| Section, the Director shall issue a written notice of hearing | 23 |
| sent to the
lessor by certified or registered mail stating the | 24 |
| following:
| 25 |
| (1) a specified time for the hearing, which may not be | 26 |
| less than 20 days
nor more than 30 days after the mailing |
|
|
|
HB4022 |
- 3 - |
LRB096 09186 RPM 19336 b |
|
| 1 |
| of the notice of hearing; and
| 2 |
| (2) a specific place for the hearing, which may be | 3 |
| either in the city
of Springfield or Chicago or in the | 4 |
| county where the lessor's principal
place of business is | 5 |
| located.
| 6 |
| (d) After the hearing, or upon the failure of the lessor
to | 7 |
| appear at the hearing, the Director of Insurance shall take | 8 |
| such action as
is deemed advisable on written findings that | 9 |
| shall be served on the lessor.
The action of the Director of | 10 |
| Insurance shall be subject to
review under and in accordance | 11 |
| with the Administrative Review Law.
| 12 |
| (Source: P.A. 90-499, eff. 1-1-98; 90-794, eff. 8-14-98 .)
|
|