Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 422/75

    (225 ILCS 422/75)
    (Section scheduled to be repealed on January 1, 2032)
    Sec. 75. Licenses and recovery permits; renewals; restoration; person in military service.

(a)  An original Class "R" license, Class "RR" license, and Class "MR" license shall expire 2 years after the date of issuance.

(b)  An original Class "E" recovery permit  and Class "EE" recovery permit  shall expire one year after the date of issuance.

(c)  A renewal Class "R" license, Class "RR" license and Class "MR" license shall expire 2 years after the date of renewal.

(d) A renewal Class "E" recovery permit  and Class "EE" recovery permit  shall expire one year after the date of renewal.

(e) The following are guidelines for the classes of licensure and

registration:

(1) Any person, firm, company, partnership, or

corporation that engages in business as a recovery agency shall have a Class "R" license. A Class "R" license is valid for only one location.

(2) Each branch office of a Class "R" agency shall

have a Class "RR" license.

(3) Any individual who performs the services of a

manager for a Class "R" recovery agency or a Class "RR" branch office must have a Class "MR" license.

(4) Any individual who performs recovery services as

a repossession agency employee for a Class "R" recovery agency or a Class "RR" branch office must have a Class "E" recovery permit.

(5) Any individual who performs repossessions as an

intern under the direction and control of a designated, sponsoring Class "E" recovery permit or a designated, sponsoring Class "MR" license shall have a Class "EE" recovery permit.

(6) An individual shall have a Class "MR" or Class

"E" recovery permit if he or she owns or is an employee of a Class "R" agency or Class "RR" branch office.

(7) Class "MR", Class "E", and Class "EE" licenses

and recovery permits are not transferable.

(f) At least 90 days prior to the expiration of a license or recovery permit, the Commission shall send to the license or permit holder a renewal notice. The license holder or recovery permit  holder must complete and submit a renewal application to the Commission, pay any fines assessed, and pay any renewal fee required by the Commission. Applications for renewal of a license or permit shall be filed with the Commission no earlier than 90 days, and not later than 45 days, prior to the expiration of a license or permit. When a license holder or permit holder has made such timely and sufficient application for the renewal of a license or recovery permit, the existing license or recovery permit shall continue in full force and effect until the final agency decision on the application has been made, unless a later date is fixed by order of a reviewing court.

(g) Any person or entity that has permitted a license or recovery permit  to expire may have that license or recovery permit  restored by making an application to the Commission within one year after the expiration of a repossession agency's license or a qualified manager license or within 30 days after the expiration of a recovery permit, filing proof acceptable to the Commission of fitness to have the license or recovery permit  restored, and paying the required restoration fee. However, any person whose license or recovery permit  expired while (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State militia or (ii) in training or education under the supervision of the United States preliminary to induction into military service may have his or her license or recovery permit  renewed or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of the service, training, or education, except under condition other than honorable, he or she furnishes the Commission with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.

(h) A suspended repossession agency license, recovery manager license, or recovery permit  is subject to expiration as set forth in this Section. Renewal of a certificate or registration card does not entitle the license holder or recovery permit  holder, while the license or recovery permit  remains suspended and until it is reinstated, to engage in the licensed or permitted activity.

(i) A revoked repossession agency license, recovery manager license, or recovery permit  is subject to expiration as set forth in this Section; however, it may not be renewed. If a revoked license or recovery permit  is reinstated after its expiration, then the license holder or recovery permit  holder, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date prior to the date on which the license or recovery permit  is reinstated and any additional delinquency fee required by the Commission.

(j) Any person or entity that notifies the Commission, in writing on forms prescribed by the Commission, may place a license or recovery permit  on inactive status and shall be excused from the payment of renewal fees until the person or entity notifies the Commission in writing of the intention to resume active practice. Any person or entity requesting that a license or recovery permit  be changed from inactive to active status shall be required to pay the current renewal fee.

(k) Any repossession agency license holder, recovery manager license holder, or recovery permit  holder whose license or recovery permit is nonrenewed or on inactive status shall not engage in the practice of recovery in this State or use the title or advertise that he, she, or it performs the services of a licensed repossession agency, licensed recovery manager, or repossession agency employee.

(l) Any person violating subsection (k) of this Section shall be considered to be operating a repossession agency without a license, acting as a recovery manager without a license, or acting as a repossession agency employee without a recovery permit  and is subject to the disciplinary provisions of this Act.

(m) A repossession agency license, recovery manager license, or recovery permit  that is not renewed within 3 years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of the license or recovery permit may obtain a new license or recovery permit  only upon compliance with all of the provisions of this Act concerning the issuance of original licenses or recovery permits.

(Source: P.A. 102-748, eff. 1-1-23.)