Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following words and phrases have the meanings ascribed to
				them in this Section unless the context clearly requires otherwise:
"Applicable Act" means the Residential Mortgage License Act of
				1987 [205 ILCS 635], the Student Loan Servicing Rights Act [110 ILCS 992], the
				Illinois Banking Act [205 ILCS 5], the Electronic Fund Transfer Act [205 ILCS
				616], the Corporate Fiduciary Act [205 ILCS 620], the Illinois Bank Holding
				Company Act of 1957 [205 ILCS 10], the Foreign Bank Representative Office Act
				[205 ILCS 650], the Pawnbroker Regulation Act [205 ILCS 510], the Foreign
				Banking Office Act [205 ILCS 645], the Savings Bank Act [205 ILCS 205], the
				Illinois Credit Union Act [205 ILCS 305], the Financial Institutions Code [20
				ILCS 1205], the Title Insurance Act [215 ILCS 155], the Currency Exchange Act
				[205 ILCS 405], the Transmitters of Money Act [205 ILCS 657], the Illinois
				Development Credit Corporation Act [805 ILCS 35], the Illinois Financial
				Services Development Act [205 ILCS 675], the Consumer Installment Loan Act [205
				ILCS 670], the Payday Loan Reform Act [815 ILCS 122], the Sales Finance Agency
				Act [205 ILCS 660], the Debt Management Services Act [205 ILCS 665], the Debt
				Settlement Consumer Protection Act [225 ILCS 429], the Safety Deposit License
				Act [240 ILCS 5], the Interest Act [815 ILCS 205], and any other statute under
				the jurisdiction of the Director.
"Administrative Decision" means an order, fine, revocation or
				suspension of licensure, or other regulatory action of the Director pursuant to
				an Applicable Act.
"Administrative Law Judge" or "ALJ" means an attorney licensed
				to practice law in the State of Illinois who has been designated by the
				Director to conduct any Hearings. For these purposes, "Administrative Law
				Judge" has the same meaning as "Hearing Officer."
"Applicant" means a Party seeking a license, charter,
				certificate, permit, or similar permission pursuant to an Applicable
				Act.
"Department" means the Department of Financial and Professional
				Regulation.
"Director" means the Director or Acting Director of the
				Division, with the authority delegated by the Secretary, or any person employed
				by or on behalf of the Department to whom the Director has delegated verbally
				or in writing authority to act on the Director's behalf.
"Division" means the Division of Banking or the Division of
				Financial Institutions within the Department, as the context indicates.
"Formal Hearing" means a formal proceeding that is conducted on
				the record before an Administrative Law Judge during which the Parties present
				evidence and make arguments regarding appropriate action on a contested
				matter.
"Hearing" means any hearing authorized to be held before an
				Administrative Law Judge, the Director, or the Secretary.
"Licensee" means a person or entity licensed by the
				Division.
"NMLS" shall mean the Nationwide Multistate Licensing System
				and Registry.
"Party" shall include, but not be limited to, Licensees,
				Applicants, and Unlicensed Persons, whether they are natural persons,
				corporations, partnerships, associations, cooperatives, trusts or other legal
				entities, and the Department.
"Petitioner" is a Party who, by written petition, seeks relief
				or licensure under an Applicable Act or an Administrative Decision of the
				Secretary or Director pursuant to an Applicable Act.
"Preliminary Hearing" means a proceeding that before an
				Administrative Law Judge during which the ALJ sets a date on which all Parties
				expect to be prepared to proceed with their cases and the ALJ rules on any
				preliminary motions that are presented.
"Recordkeeper" means the persons or units designated by the
				Secretary or Director to receive filings.
"Secretary" means the Secretary or Acting Secretary of the
				Department of Financial and Professional Regulation or any person employed by
				or on behalf of the Department to whom the Secretary has delegated verbally or
				in writing authority to act on the Secretary's behalf.
"Unlicensed Person" means any person who is not a Licensee and
				who is not an Applicant.