240 ILCS 40/1-15
2021 Illinois Compiled Statutes|Chapter 240 - WAREHOUSES|240 ILCS 40/ - Grain Code.|Article 1 - General

Sec. 1-15.     Powers and duties of Director.     The Director has all powers necessary and proper to  fully and effectively execute the provisions of this Code and has the  general duty to implement this Code.  The Director's powers and  duties include, but are not limited to, the following:(1) The Director may, upon application, issue or refuse to  issue licenses under this Code, and the Director may extend, renew,  reinstate, suspend, revoke, or accept voluntary surrender of  licenses under this Code.(2) The Director shall examine and inspect each licensee at  least once each calendar year.  The examination shall cover all aspects of the grain operations of the  licensee, including  but not necessarily limited to options trades and programs and farmer marketing  programs.The Department shall perform one of 3 types of examinations of licensees.(A) Basic Examination. The basic examination shall be     performed when the licensee's merchandising and trade practices involve minimal market risk, which might include those situations in which the licensee uses cash back-to-back contracts, traditional hedges with the Chicago Board of Trade, and price later contracts. The specific components and guidelines of the basic examination are to be as provided by rule, but shall at a minimum include verification of grain quality and quantity, reconciliation of records with grain transactions, computation of current ratios, and checking of posting procedures for accuracy.(B) Intermediate Examination. The intermediate     examination shall be performed when the licensee's merchandising and trade practices involve an increased amount of risk, which might include those situations in which the licensee uses guaranteed minimum price contracts, purchases options, or writes options. This examination shall include all those things performed as part of the basic examination. In addition, the specific components and guidelines of the intermediate examination are to be as provided by rule, but shall at a minimum include verification of grain quality and quantity, reconciliation of records with grain transactions, and checking of posting procedures for accuracy.(C) Advanced Examination. The advanced examination     shall be performed when the licensee's merchandising and grain trading practices involve the most risk, which might include those situations in which the licensee has discretionary trading authority from producers, uses premium offer type contracts, or has contracts with producers that cover multiple crop years. This examination shall include all those things performed as part of the basic examination and the intermediate examination. In addition, the specific components and guidelines of the advanced examination are to be provided by rule, but shall at a minimum include grain market risk evaluation and appropriate levels thereof for the licensee and adequacy of internal controls.Using these guidelines, the Department shall determine the level of  examination to be applied to each licensee.  In addition, the Department may, in  its sole discretion, engage the services of accounting experts, grain risk  management experts, or both as part of any intermediate or advanced  examination.  The Regulatory Fund may be used as a source of payment for the  services of accounting experts, grain risk management experts, or both.The Director may inspect the  premises used by a licensee at any time.  The books, accounts,  records, and papers of a licensee are at all times during  business hours subject to inspection by the Director.  Each  licensee may also be required to make reports of its  activities, obligations, and transactions that are deemed necessary by  the Director to determine whether the interests of producers and  the holders of warehouse receipts are adequately protected and  safeguarded.  The Director may take action or issue  orders that in the opinion of the Director are necessary to  prevent fraud upon or discrimination against producers or  depositors of grain by a licensee.  The sole and exclusive means of halting the warehouse and grain dealer  business  activities of a licensee, however, are set forth in Section 15-40 relating to  suspension and revocation of licenses.(3) The Director may, upon his or her initiative or upon the  written verified complaint of any person setting forth facts that  if proved would constitute grounds for a refusal to issue or renew  a license or for a suspension or revocation of a license,  investigate the actions of any person applying for, holding, or  claiming to hold a license or any related party of that person.(4) The Director (but not the Director's designee) may issue subpoenas and  bring before the Department any person and take  testimony either at an administrative hearing or by deposition with  witness fees and mileage fees and in the same manner as prescribed  in the Code of Civil Procedure.  The Director or the Director's designee may  administer oaths  to witnesses at any proceeding that the Department is authorized  by law to conduct.  The Director (but not the Director's designee) may issue  subpoenas  duces tecum to command the production of records  relating to a licensee, guarantor, related business, related  person, or related party. Subpoenas are subject to the rules of the  Department.(5) Notwithstanding other judicial remedies,  the Director may file a complaint and apply for a temporary  restraining order or preliminary or permanent injunction  restraining or enjoining any person from violating or continuing to  violate this Code or its rules.(6) The Director shall act as Trustee for the Trust Account,  act as Trustee over all collateral, guarantees, grain assets, and  equity assets held by the Department for the benefit of claimants,  and exercise certain powers and perform related duties under Section 20-5 of  this Code and Section 205-410 of the Department of Agriculture  Law