520 ILCS 5/3.36 — Illinois Code / Chapter 520 / Act 5 / Section 3.36
Section 3.36
Status: in_force

(520 ILCS 5/3.36) (from Ch. 61, par. 3.36) (Text of Section before amendment by P.A. 104-325) Sec. 3.36. Revocation and suspension. (a) Whenever a license or permit is issued to any person under this Act, and the holder thereof is found guilty of any misrepresentation in obtaining such license or permit or of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of any of the provisions of this Act, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, his license or permit may be revoked by the Department, and the Department may refuse to issue any permit or license to such person and may suspend the person from engaging in the activity requiring the permit or license for a period of time not to exceed 5 years following such revocation. Department revocation procedures shall be established by Administrative rule. (b) Whenever any person who has not been issued a license or a permit under the provisions of this Code is found guilty of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of the provisions of this Code, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may refuse to issue any permit or license to that person, and suspend that person from engaging in the activity requiring the permit or license for a period of time not to exceed 5 years. (c) Any person who knowingly or intentionally violates any of the provisions of this Act, including administrative rules, during such period when his license or permit is revoked or denied by virtue of this Section or during the time he is suspended under subsection (b), shall be guilty of a Class A misdemeanor. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section. (d) Licenses and permits authorized to be issued under the provisions of this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the issuing agent or his sub-agent at the time of issuance and each license shall be signed by the licensee, or initialed by the designated purchaser and then signed immediately upon receipt by the licensee, and countersigned by the issuing agent or his sub-agent at the time of issuance. All such licenses shall be supplied by the Department, subject to such rules and regulations as the Department may prescribe. Any license not properly prepared, obtained and signed as required by this Act shall be void. (e) A person whose license or permit to engage in any activity regulated by this Code has been suspended or revoked may not, during the period of the suspension or revocation or until obtaining such a license or permit, (i) be in the company of any person engaging in the activity covered by the suspension or revocation or (ii) serve as a guide, outfitter, or facilitator for a person who is engaged or prepared to engage in the activity covered by the suspension or revocation. (f) No person may be issued or obtain a license or permit or engage in any activity regulated by this Code during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada. (g) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.) (Text of Section after amendment by P.A. 104-325) Sec. 3.36. Revocation and suspension. (a) Whenever a license or permit is issued to any person under this Act, and the holder thereof pleads guilty to, is found guilty of, or receives court supervision for: (1) any misrepresentation in obtaining such license or permit; (2) a violation of Section 48-3 of the Criminal Code of 2012; (3) a violation of any of the provisions of this Act, including administrative rules; or (4) a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, that person's license or permit may be revoked by the Department, and the Department may refuse to issue any permit or license to such person and may suspend the person from engaging in the activity requiring the permit or license for a period of time as established by administrative rule, unless otherwise specified in this Act. Department revocation procedures shall be established by Administrative rule. (b) Whenever any person who has not been issued a license or a permit under the provisions of this Code pleads guilty to, is found guilty of, or receives court supervision for any of the following: (1) a violation of Section 48-3 of the Criminal Code of 2012; (2) a violation of the provisions of this Code, including administrative rules; or (3) a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may refuse to issue any permit or license to that person, and suspend that person from engaging in the activity requiring the permit or license for a period of time as established in administrative rule, unless otherwise specified in this Act. (c) Any person who knowingly or intentionally violates any of the provisions of this Act, including administrative rules, during such period when his license or permit is revoked or denied by virtue of this Section or during the time the person is suspended under subsection (b), shall be guilty of a Class A misdemeanor. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section. (d) Licenses and permits authorized to be issued under the provisions of this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the issuing agent or his sub-agent at the time of issuance and each license shall be signed by the licensee, or initialed by the designated purchaser and then signed immediately upon receipt by the licensee, and countersigned by the issuing agent or his sub-agent at the time of issuance. All such licenses shall be supplied by the Department, subject to such rules and regulations as the Department may prescribe. Any license not properly prepared, obtained and signed as required by this Act shall be void. (e) A person whose license or permit to engage in any activity regulated by this Code has been suspended or revoked may not, during the period of the suspension or revocation or until obtaining such a license or permit, (i) be in the company of any person engaging in the activity covered by the suspension or revocation or (ii) serve as a guide, outfitter, or facilitator for a person who is engaged or prepared to engage in the activity covered by the suspension or revocation. (f) No person may be issued or obtain a license or permit or engage in any activity regulated by this Code during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada. (g) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (h) The Department shall suspend the privileges of any person that pleads guilty to, is found guilty of, or receives court supervision for a violation of section 2.38 or section 2.33(cc). Such suspension shall be for a period of one year. (Source: P.A. 103-456, eff. 1-1-24; 104-325, eff. 1-1-26.)