reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.60 - Determination of Amount and Term of the Reimbursement Grant

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall determine the maximum amount of the
				reimbursement awarded under the Act. In determining the amount of the
				reimbursement that should be awarded, the Department may take into
				consideration the following factors, based on agency site remediation program
				records, including but not limited to:
a) Reimbursement applies only to remediation
			 costs incurred after the Department's written approval of the
			 application.
b) Reimbursement shall
			 be greater than or equal to a minimum capital investment as determined by the
			 Department from information documented by the remediation applicant in its
			 application.
c) Reimbursement
			 cannot exceed 20% of the aggregate capital investment, as determined by the
			 Department from information documented by the remediation applicant in its
			 application.
d) Reimbursement
			 cannot exceed the net economic benefit to the State, as determined by the
			 Department from information documented by the remediation applicant in its
			 application.
e) Reimbursement
			 applies only to the costs incurred to remediate the site, not to exceed a total
			 of $750,000. (Note: Remediation costs are to be documented to the satisfaction
			 of the Agency through an IEPA final Assessment of Remediation Costs.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.70 - Computation of Time for Response to Application

Current through Register Vol. 48, No. 28, July 12, 2024
Computation of any period of time prescribed by this Part shall
				begin with the first business day following the day on which the act, event or
				development initiating that period of time occurs and shall run until the end
				of the last day or the next business day if the last day is a Saturday, Sunday
				or federal or State holiday. Timeliness shall be deemed by the date of postmark
				or the date of hand delivery.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1740 - BROWNFIELDS SITE RESTORATION PROGRAM › Section 1740.80 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
Material submitted in the application may be subject to
				disclosure in response to requests received under provisions of the Freedom of
				Information Act [5 ILCS 140 ]. Information that could reasonably be considered
				to be proprietary, privileged or confidential commercial or financial
				information must be identified as such in the application. The Department will
				maintain the confidentiality of that information to the extent permitted by
				law.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This part shall apply to all Hearings conducted by the Division
				pursuant to an Applicable Act under the jurisdiction of the
				Director.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.20 - Hearing Fee

Current through Register Vol. 48, No. 28, July 12, 2024
Each Party that requests a Hearing pursuant to this Part shall
				pay a nonrefundable fee of $500, unless otherwise provided in an Applicable Act
				or in a rule adopted pursuant to an Applicable Act. The Director may waive the
				fee pursuant to this Section if, in the Director's sole discretion, the
				financial hardship imposed on the Party would be significant.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.30 - Petition for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person or
			 entity subject to an Administrative Decision may file a Petition for Hearing
			 when the person or entity is entitled to a Hearing under the Applicable Act. A
			 third-party person or entity that is not the subject of an Administrative
			 Decision may file a Petition for Hearing when the third-party person or entity
			 is entitled to a Hearing under the Applicable Act.
b) A Petition for Hearing must be filed with
			 the Recordkeeper within the time period required under the Applicable Act after
			 service of an Administrative Decision upon the Petitioner. If the Applicable
			 Act does not provide for this time period, then a Petition for Hearing must be
			 filed with the Recordkeeper within 10 days after service of an Administrative
			 Decision upon the Petitioner.
c) In
			 a case in which a Petitioner is contesting a fine, revocation, suspension,
			 cease and desist, probation, refusal to renew a license or any other
			 disciplinary action, the Petition for Hearing shall be in writing, signed by
			 the Petitioner, and shall set forth the:
1)
			 Petitioner's license number, if applicable;
2) Docket number of the Administrative
			 Decision that resulted in discipline, if applicable; and
3) Date of the contested Administrative
			 Decision.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.40 - Joinder

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of the efficient disposition of related cases,
				the Department may join cases so long as the cases involve issues of law or
				fact that are common to the Parties. A Party may contest the decision to join
				cases by filing a motion.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.50 - Form and Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 documents filed or submitted to the Department in connection with a Hearing
			 shall be typewritten on 81/2 by 11-inch white paper or an electronic
			 equivalent. The first page of each document shall set forth the names of the
			 Parties and the docket number assigned to the case by the Department. Petitions
			 for Hearing that are filed before a docket number is assigned shall contain a
			 space for entry of the assigned number.
b) All petitions, notices, answers, motions,
			 responses, replies and other papers in the nature of a pleading shall be filed
			 with and date stamped by the Recordkeeper. A copy of any motion, response,
			 reply, or similar document shall also be provided to the all other Parties
			 and/or all other Parties' counsel of record or the assigned Department counsel,
			 as applicable.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.60 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of any
			 document may be by mail or by personal delivery upon any person or entity.
			 Service of any document may also be made by email on a Party's counsel of
			 record or an unrepresented Party if one or more email addresses are provided
			 pursuant to subsections (a)(1) through (3). Service by email to the assigned
			 Department counsel must be addressed to the counsel's email address appearing
			 on any pleading and any secondary Department email addresses provided on any
			 pleading.
1) At any time either before or
			 after issuance of a Hearing notice, the Department may require a Party's
			 counsel of record to provide one or more email addresses at which they will
			 accept service of documents in connection with the Hearing.
2) At any time either before or after
			 issuance of a Hearing notice, the Department may request, but not require, an
			 unrepresented Party to accept service by email of documents in connection with
			 the Hearing by designating one or email addresses at which they will accept
			 service.
3) If any secondary email
			 address is designated by a Party, the Department must serve the documents to
			 both the designated primary and secondary email addresses.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.70 - Notice of Preliminary Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Notice of Preliminary Hearing shall include:
1)
A statement of the time, place,
			 and nature of the
Preliminary
Hearing;
2)
A statement of the legal authority
			 and jurisdiction under which the
Preliminary
Hearing is to be
			 held;
3)
A
			 reference to the particular sections of the substantive and procedural statutes
			 and rules involved;
4)
Except when a more detailed statement is otherwise provided for by law,
			 a short and plain statement of the matters asserted, the consequences of a
			 failure to respond, and the official file or other reference
			 number.
5)
To the
			 extent such information is available, the names, phone numbers, email
			 addresses, and mailing addresses of the Administrative Law Judge or designated
			 agency contact, Parties, and all other persons to whom the agency gives notice
			 of the
Preliminary
Hearing unless otherwise confidential by
			 law.
[5 ILCS
			 100/10-25(a)]
6) A statement that the purpose of the
			 Preliminary Hearing is to set a date on which all Parties expect to be prepared
			 to proceed with their cases and to rule on any preliminary motions that are
			 presented.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.80 - Negotiations and Agreed Dispositions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department and the Petitioner may stipulate to facts and that stipulation
			 may be used or otherwise admitted at the Hearing.
b) The Department and the Petitioner may
			 enter into a written agreement providing for disciplinary or non-disciplinary
			 action against the Petitioner or the granting or restoration of a license as a
			 settlement and disposition of the petition by stipulation, agreed settlement,
			 or consent order. If the Secretary or Director approves the written agreement,
			 it shall be entered in the same manner as an Administrative Decision of the
			 Secretary or Director and shall constitute a final decision. If the Secretary
			 or Director rejects the written agreement, the Petitioner shall then be
			 entitled to a Hearing on the merits. A proposed written agreement not accepted
			 by all Parties or rejected by the Secretary or Director shall be deemed
			 confidential as an unsuccessful attempt to settle and shall not be referenced
			 or included in any future pleading or proceeding.
c) Statements made during informal
			 conferences are confidential, including proposed dispositions, and shall not be
			 used or admitted in any proceeding regarding the allegations.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.90 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Party may be
			 represented by an attorney who is licensed in Illinois or by an attorney
			 otherwise permitted by law to practice in the State. Attorneys who appear in a
			 representative capacity must file a written notice of appearance setting forth:
1) The name, address, email address,
			 telephone number, and Supreme Court registration number of the
			 attorney;
2) The name, address, and
			 email address of the Party represented; and
3) An affirmative statement indicating that
			 the attorney is licensed in Illinois or is appearing pro hac vice.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.100 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of the Petitioner to appear at the time and place set
				for the Formal Hearing may be deemed a waiver of the right to present evidence
				or provide grounds for dismissal of the Petition for Hearing, as reflected by
				order of the Administrative Law Judge. After presentation by the Department of
				proof that the Petitioner was given proper notice and the Department has been
				given an opportunity to present evidence, the ALJ shall make their
				recommendation. If the Petition for Hearing is dismissed, the contested
				Administrative Decision shall become final.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.110 - Amendment and Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 Administrative Decision of the Secretary or Director may be withdrawn without
			 prejudice or amended at any time, except in the course of the Formal Hearing,
			 without leave or approval of the Administrative Law Judge. If an amended
			 Administrative Decision is filed during the course of the Formal Hearing, it
			 shall also be presented to the ALJ. A continuance shall be granted whenever the
			 amendment materially alters the Administrative Decision and when the Petitioner
			 demonstrates that they would otherwise be unable to properly prepare an Answer
			 to the amended Administrative Decision or prepare the Petitioner's
			 case.
b) A Petition for Hearing may
			 be withdrawn at any time prior to the Formal Hearing by the Party who initiated
			 it and the Administrative Decision of the Department will become final. After a
			 Hearing has begun, a Petition may be withdrawn only with leave of the
			 ALJ.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.120 - Requirement of an Answer; Default

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 contested cases, the Petitioner shall file an Answer to the Notice of
			 Preliminary Hearing at least five days prior to the date of the Preliminary
			 Hearing, unless otherwise provided by law. The Answer shall be in writing,
			 signed by the Petitioner or his or her representative, and shall contain a
			 specific response to each allegation in the Administrative Decision. The
			 response shall either admit or deny the allegation, or shall state that the
			 Petitioner has insufficient information to admit or deny the allegation. Any
			 Answer not conforming to the requirements of this Section may be
			 stricken.
b) Any Answer that states
			 that the Petitioner has insufficient information to admit or deny the
			 allegation shall be accompanied by an affidavit attesting to the truth of this
			 assertion.
c) If the Petitioner
			 does not file an Answer conforming with the requirements of this Section or
			 otherwise does not file a responsive pleading, on motion by the Department, the
			 Administrative Law Judge will cause to be issued a Notice to Plead or Be Held
			 in Default. If, within 15 days after issuance of that notice, the Petitioner
			 does not file an Answer conforming with the requirements of this Section or
			 otherwise file a responsive pleading, the Petitioner will be held in default
			 and the allegations of the Administrative Decision will be deemed to have been
			 admitted. In a like manner, if a Petitioner fails to appear for any scheduled
			 Hearing or proceeding without cause, the Petitioner may be held in default and
			 the allegations of the Administrative Decision will be deemed to have been
			 admitted.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.130 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 not be the subject of motions presented to the ALJ, except when a motion is
			 made alleging failure to comply with this provision and requesting appropriate
			 relief.
b) Upon a written request
			 served on the opposing Party, or by order of the ALJ, a Party shall be entitled
			 to:
1) The name and address of any witness
			 who may be called to testify, including identification of any witness to be
			 offered as an expert;
2) Copies of
			 any document that may be offered as evidence;
3) A description of any other evidence that
			 may be offered;
4) With respect to
			 a request from the Petitioner of sufficient particularity to identify the
			 evidence sought, nonprivileged and nonconfidential evidence in the Department's
			 possession that tends to support the Petitioner's position or to demonstrate a
			 potential conflict of interest of a Department witness; and
5) With respect to a request from the
			 Petitioner, a copy of any nonprivileged and nonconfidential Division
			 investigative report that purports to be a memorandum of interview of the
			 Petitioner.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.140 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief
			 Administrative Law Judge, or their designated ALJ, will issue subpoenas for the
			 attendance of witnesses or production of books, records, documents or other
			 evidence; provided, however, that nothing in this Section shall limit the
			 Secretary's or Director's powers to request, demand or, subpoena information or
			 testimony under applicable law.
b)
			 Any Petitioner seeking issuance of a subpoena shall submit a request in writing
			 to the Chief Administrative Law Judge. A proposed subpoena shall be attached to
			 the request.
c) The request shall
			 set forth facts to demonstrate that the documents or testimony sought are
			 relevant to the case pending before the Division and are not otherwise
			 excludable by law or by rule.
d) A
			 request for subpoena may be denied if insufficient information is provided in
			 the request to make such a determination.
e) Except for Division investigators and
			 examiners who participated in the investigation of the case, the Chief
			 Administrative Law Judge shall not generally issue subpoenas for the testimony
			 of Department or Division officers or employees.
f) Upon refusal by an ALJ to issue any
			 subpoena, the Petitioner will be entitled to a Hearing before another ALJ, to
			 be conducted as a matter of record.
g) Service of subpoenas pursuant to this
			 Section shall be done, and payment of witness fees and expenses after the
			 appearance of the witness shall be calculated, in the same manner as prescribed
			 by law in judicial proceedings in civil cases in circuit courts of this
			 State.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.150 - Prehearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a case is
			 instituted, upon the written motion of any Party, or on the Administrative Law
			 Judge's own motion, the ALJ may direct the Parties to attend a
			 prehearing.
b) Upon the request of
			 any Party, the prehearing will be conducted as a matter of record.
			 Participation by an ALJ will not affect his or her right to participate in a
			 subsequent Hearing on the matter. The requesting Party shall be responsible for
			 the court reporter's attendance and costs.
c) The purposes of the prehearing include:
1) Simplification of issues;
2) Limitation of issues;
3) Negotiating admissions or
			 stipulations;
4) Limitation of
			 witnesses or evidence;
5) Exchange
			 of exhibits;
6) Discussion of any
			 other matter that may aid in efficient disposition of the case; or
7) Agreed dispositions.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.160 - Remote Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Preliminary Hearings may be conducted remotely, either by teleconference or
			 videoconference, provided that the Notice of Preliminary Hearing includes
			 notice that the Preliminary Hearing will be conducted remotely and includes
			 instructions for accessing the teleconference or videoconference system at the
			 date and time set forth in the Notice of Preliminary Hearing.
b) By order of the Administrative Law Judge,
			 any status hearing or prehearing may be conducted remotely, either by
			 teleconference or videoconference. The Parties shall be provided instructions
			 for accessing the teleconference or videoconference system for the date and
			 time of the scheduled status hearing or prehearing.
c) Upon motion of any Party, the ALJ may
			 determine whether the pending matter may be suitable for a Formal Hearing by
			 teleconference or videoconference in whole or in part as an alternative to
			 in-person proceedings.
d) The
			 Parties may agree that the Formal Hearing will be conducted in its entirety by
			 teleconference or videoconference or that a part or parts of the Formal Hearing
			 will be conducted by teleconference or videoconference, including the testimony
			 of a particular witness or witnesses. These agreements are subject to the
			 approval of the ALJ by entry of an order.
e) In the absence of any such agreement of
			 the Parties, the ALJ may determine whether the Formal Hearing will be conducted
			 in its entirety by teleconference or videoconference or that a part or parts of
			 the Formal Hearing will be conducted by teleconference or videoconference,
			 including the testimony of a particular witness or witnesses, or whether the
			 proceedings or any part thereof shall remain in-person. This determination
			 shall be made by order of the ALJ. In making this determination, the ALJ may
			 consider factors including but not limited to the following:
1) Preference of the Parties;
2) Capabilities of participants to
			 participate via video or telephone;
3) Whether the selected method is accessible
			 for persons with health risks or disabilities;
4) Whether the participants have access to
			 the Internet;
5) Number of
			 witnesses;
6) Volume of documents
			 offered as exhibits;
7) Complexity
			 of the Petition;
8) Expected
			 duration of the Formal Hearing;
9)
			 Extent to which the credibility of any witness will be at issue;
10) Extent to which exhibits will be used to
			 examine any witness; and
11) Any
			 other consideration which will impede or aid in the fair and efficient
			 administration of the Formal Hearing process.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.170 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The sequence to be followed for all contested cases is as
				follows:
a) Status Calls and
			 Preliminary Hearings. The purpose is to set a date on which all Parties expect
			 to be prepared to proceed with their cases and to rule on any preliminary
			 motions that are presented.
b)
			 Prehearings - Optional. The purposes are set forth in Section
			 100.150.
c) Formal Hearings
1) Preliminary Matters - Motions, attempts to
			 narrow issues or limit evidence.
2)
			 Opening Statements - The Party bearing the burden of proof proceeds
			 first.
3) Case in Chief - Evidence
			 is presented by the Party bearing the burden of proof.
4) Defense - Evidence may be presented by the
			 opposing Party.
5) Closing
			 Statements - The Party bearing the burden of proof proceeds first, then the
			 opposing Party, then a final word by the Party bearing the burden of
			 proof.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.180 - Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any
			 contested case, the Secretary or Director shall appoint and employ an attorney,
			 licensed to practice in Illinois, to serve as Administrative Law Judge. The ALJ
			 shall be empowered to conduct the Hearing, question witnesses, make rulings on
			 motions and objections, and submit Findings of Fact, Conclusions of Law, and
			 prepare a recommendation to the Secretary or Director at the conclusion of the
			 case.
b) It shall not be a bar to
			 employment as an ALJ that the attorney is also a Department employee.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.185 - Disqualification of Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Administrative Law Judge may, on their
			 own motion, recuse themselves from presiding over a matter due to conflict of
			 interest or bias.
b) At any time
			 prior to the issuance of the ALJ's final decision or recommendation, a Party
			 may file a motion to disqualify the ALJ for bias or conflict of interest. An
			 adverse ruling made by an ALJ, in and of itself, shall not constitute bias or
			 conflict of interest. The motion shall set forth the alleged grounds of bias or
			 conflict of interest and shall include supporting affidavits. A different ALJ
			 shall have 7 days after the motion was filed to enter a written ruling, which
			 shall be served on all Parties. An adverse ruling or rulings rendered against
			 the Party or its representative in any previous matter shall not, in and of
			 themselves, constitute sufficient grounds for disqualification under this
			 Section.
c) If the motion to
			 disqualify is denied, the moving Party may request the decision be reviewed by
			 the Secretary or Director.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.190 - Examination by Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Administrative Law Judge may examine
			 any witness.
b) Any Party may
			 object to specific questions asked by the ALJ.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.200 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The burden
			 of proof rests with the Department in all cases except as provided in
			 subsection (b) or as otherwise provided by law.
b) The burden of proof rests with the
			 Petitioner in the following circumstances, unless otherwise provided by law:
1) When an Applicant, if permitted to do so
			 under the Applicable Act, files a Petition for Hearing after they have been
			 denied a license, charter, certificate, permit, or similar permission pursuant
			 to an Applicable Act;
2) When a
			 third-party person or entity that is not the subject of an Administrative
			 Decision of the Secretary or Director, if permitted to do so under the
			 Applicable Act, files a Petition for Hearing related to such Administrative
			 Decision.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.210 - Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Business records
			 shall be admissible to the same extent they are admissible under Illinois
			 law.
b) Any Party may prove the
			 admissibility of business records by presentation of a sworn statement by an
			 individual responsible for making or keeping those records.
c) Any Party seeking introduction of a
			 document will be allowed to offer a mechanical reproduction or photocopy of the
			 original without any showing that the original is unavailable, upon
			 representation of the Party or attorney that the copy is a fair and accurate
			 copy of the original.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.220 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions will be
			 made in writing, unless otherwise allowed by the Administrative Law Judge prior
			 to or during the course of a Hearing. Written motions are limited to the
			 following:
1) To request dismissal of an
			 Administrative Decision for failure to state facts that, if true, would form a
			 sufficient basis for discipline.
2)
			 To request sanctions in accordance with Section
			 100.90(Representation).
3) To request sanctions in accordance with
			 Section 100.130 (Discovery).
4) To
			 request dismissal of a Petition for Hearing, for failure to comply with Section
			 100.30
			 (Petition for Hearing).
5) To
			 request dismissal when the Party bearing the burden of proof has concluded
			 their case without presenting sufficient evidence
6) To request a continuance or extension of
			 time to comply with any provision of this Part.
7) To request that an Order entered by the
			 ALJ be vacated or modified.
8) To
			 request a prehearing.
9) To request
			 separation of cases joined by the Department.
10) To request disqualification of an ALJ in
			 accordance with Section
			 100.175(Hearings).
11) To request a protective order to prevent
			 exposure in the public domain of records or other information that is of a
			 sensitive or confidential nature or to seal the record in accordance with
			 Sections
			 100.230(f)
			 (Evidence and Standard of Proof) and
			 100.255(Confidentiality).
12) To request that a Notice to Plead or Be
			 Held in Default be issued upon failure to file a complete Petition for Hearing,
			 Answer, or other responsive pleading in accordance with Section
			 100.120
			 (Requirement of and Answer; Default).
13) To compel discovery.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.230 - Evidence and Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Irrelevant, immaterial, or unduly repetitious evidence shall be
			 excluded. The rules of evidence and privilege as applied in civil cases in the
			 circuit courts of this State shall be followed. Evidence not admissible under
			 those rules of evidence may be admitted, however, except when precluded by
			 statute, if it is of a type commonly relied upon by reasonably prudent persons
			 in the conduct of their affairs. Objections to evidentiary offers may be made
			 and shall be noted in the record. Subject to these requirements, when a Hearing
			 will be expedited and the interests of the Parties will not be prejudiced, any
			 part of the evidence may be received in written form.
[5 ILCS
			 100/10-40(a)]
b)
Testimony shall be taken only on
			 oath or affirmation. Subject to the evidentiary requirements of this Section, a
			 Party may conduct cross-examination required for a full and fair disclosure of
			 the facts.
[5 ILCS
			 100/10-40(b)]
c) All exhibits for any Party shall be
			 clearly marked for identification. A sufficient number of copies shall be made
			 prior to the commencement of the Hearing and when admitted into evidence by the
			 ALJ.
d) Official notice may be
			 taken of past Hearings and of any matter of which the Circuit Courts of
			 Illinois may take judicial notice. In addition, official notice may be taken of
			 generally recognized technical or scientific facts within the Department's
			 specialized knowledge. Parties shall be notified either before or during the
			 Hearing, or by reference in preliminary reports or otherwise, of the material
			 noticed, including staff memoranda and data, and they shall be afforded an
			 opportunity to contest the material so noticed. The Department's and the ALJ's
			 experience, technical competence, and specialized knowledge may be utilized in
			 the evaluation of the evidence.
e)
			 If a person appears for a Hearing and refuses to testify on the grounds that
			 any answer may tend to incriminate themself, the ALJ may take an adverse
			 inference from the refusal to testify and shall consider the adverse inference
			 in addition to other evidence. If a person appears and refuses to testify
			 without asserting the right against self-incrimination, the ALJ shall enter any
			 appropriate order as is required by the evidence and this Part.
f) The ALJ may, on their own initiative or at
			 the request of any Party or witness, enter a protective order to prevent
			 exposure in the public domain of records or other information that is of a
			 sensitive or confidential nature.
g) Unless otherwise required by law, the
			 standard of proof in any contested case Hearing conducted by the Department
			 will be the preponderance of the evidence.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.240 - Adverse Witness

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Party or
			 witness may be called as an adverse witness. In such a case, examination of the
			 witness will be allowed as if under cross-examination.
b) Upon a showing that a witness was called
			 in good faith, and that the Party calling the witness is surprised by the
			 witness' testimony, examination of the witness may proceed as if under
			 cross-examination, and the testimony of the witness may be impeached by prior
			 statements, or otherwise.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.250 - Administrative Law Judge Reports and Orders of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
a) In every contested case, except for
			 defaults, the ALJ will file a written Report and Recommendation that contains
			 Findings of Fact and Conclusions of Law with respect to the allegations
			 contained in the Administrative Decision or Notice of Preliminary Hearing,
			 unless the Parties reach an agreed disposition.
b) When the recommendation is for discipline,
			 the ALJ will include their specific recommendation as to type, duration, and/or
			 amount.
c) After the ALJ forwards
			 the report to the Secretary or Director, as applicable, all Parties will
			 receive a copy of the ALJ's report. Within 20 days after the ALJ's report is
			 sent to the Parties, either Party may request that a rehearing, or additional
			 Hearings, be ordered by the Secretary or Director, as applicable. A rehearing
			 shall be ordered by the Secretary or Director, as applicable, when the
			 Secretary or Director determines that substantial justice has not been
			 done.
d) When a rehearing or an
			 additional Hearing is requested, the request shall be in the form of a motion
			 and shall state with specificity the reasons for the request. If it is alleged
			 that new evidence is available that was not available at the time of the
			 Hearing, the affidavit shall describe the new evidence and reasons why it was
			 not available for use at the Hearing. Any opposing Party may file a response,
			 which shall be filed within 20 days after the date the motion is filed, and, if
			 it does so, the requesting Party may reply, which shall be filed within 10 days
			 after the responding Party filing its response.
e) After a motion for rehearing has been
			 filed and a response and reply has been filed or the time therefor has passed,
			 the Secretary or Director, as applicable, shall enter an Order ruling on any
			 motion for rehearing. If the motion is denied, the Secretary or Director, as
			 applicable, in the same Order, shall further adopt, reject or modify the
			 Findings of Fact and Conclusions of Law of the ALJ, adopt or reject the
			 recommendation of the ALJ, and enter a decision.
f) An Order of the Secretary or Director
			 granting a rehearing is not a final order as defined by the Administrative
			 Review Law [735 ILCS 5 /Art. III]. An Order of the Secretary or Director
			 denying a motion for rehearing and entering a decision on the merits of the
			 case is a final Order as defined by the Administrative Review Law and is
			 subject to judicial review.
g) The
			 Secretary or Director, as applicable, will not consider motions to reconsider
			 or modify a final decision made or Order entered. The proper avenue of relief
			 is to file a complaint under the Administrative Review Law.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.255 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Party may
			 use initials or other identifiers to refer to any individual in any filing in
			 place of that person's name. The Party so doing shall provide to the opposing
			 Party and that Party's counsel and to the Administrative Law Judge a document
			 identifying by name that person. The document shall not be a part of the
			 official record of the proceeding and shall not be subject to disclosure to any
			 non-Parties or subject to disclosure under the Freedom of Information Act [5
			 ILCS 140].
b) Any portion of the
			 record including, but not limited to, pleadings, evidence, transcripts of the
			 proceedings, an ALJ's Findings of Fact, Conclusions of Law, and Recommendation,
			 and the Secretary's or Director's Order, is protected from disclosure under any
			 federal or State law, including, but not limited to, the Freedom of Information
			 Act [5 ILCS 140], shall be sealed from public view. Any portion so sealed shall
			 not be subject to disclosure to any non-Parties or subject to disclosure under
			 the FIOA Act.
c) Nothing in this
			 Part shall supersede, limit, or subject to variance the applicability of, or
			 authority of the Secretary pursuant to, any provisions regarding disclosure of
			 privileged or confidential information under any Applicable Act or the rules
			 promulgated thereunder, including, but not limited to, the following
			 provisions, as amended: Section 48.3 of the Illinois Banking Act [205 ILCS 5];
			 Section 9012 of the Savings Bank Act [205 ILCS 205]; Sections 1-4(ii), 4-2(e),
			 4-8.1, and 4-8.1A of the Residential Mortgage License Act of 1987 [205 ILCS
			 635]; Section 5(d) of the Pawnbroker Regulation Act [205 ILCS 510]; Sections
			 20-15(e), 20-45, and 20-50 of the Student Loan Servicing Rights Act [110 ILCS
			 992]; Section 9.1 of the Illinois Credit Union Act [205 ILCS 305]; Section 2-15
			 of the Payday Loan Reform Act [815 ILCS 122]; Section 17.5 of the Consumer
			 Installment Loan Act [205 ILCS 670]; Section 70 of the Transmitter of Money Act
			 [205 ILCS 657]; Section 16 of the Currency Exchange Act [205 ILCS 405]; 38 Ill.
			 Adm. Code Part 110, Sections
			 110.290
			 and
			 110.420; 38
			 Ill. Adm. Code Part 200, Section
			 200.280;
			 38 Ill. Adm. Code Part 325; 38 Ill. Adm. Code Part 1075, Subpart Q; and 50 Ill.
			 Adm. Code Part 8100, Section
			 8100.3000.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.256 - Record of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The record
			 of the Hearing in a contested case shall include:
1) All pleadings presented before the
			 Administrative Law Judge (including petitions, answers, all prehearing and
			 Hearing notices, and responses, admissions, stipulations of fact, motions and
			 rulings on these issuances);
2) All
			 documentary evidence received;
3) A
			 transcript of the proceedings;
4)
			 The Findings of Fact, Conclusions of Law, and Recommendation of the
			 ALJ;
5) Any motions and responses
			 filed in response to the ALJ's report pursuant to Section
			 100.240;
			 and
6) The Order of the Secretary
			 or Director, which shall constitute a final Administrative Decision within the
			 provisions of the Administrative Review Law.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.257 - Costs of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Petitioner shall pay any applicable Hearing fee and costs
				authorized by this Part, and all expenses required by applicable law, including
				the cost of court reporting and a transcript of proceedings. All other Hearing
				expenses shall be paid pro rata by the Petitioner and the Division. If
				permitted by law, the Director in their sole discretion may waive a portion or
				all of the fees, costs, or expenses upon a showing of significant financial
				hardship by the Party.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.260 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subdivision, sentence, or clause of this Part
				shall be held by a court of competent jurisdiction to be invalid, such holding
				shall not affect the remaining parts thereof.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 100 - HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS › Section 100.270 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary or Director may grant variances from this Part in
				individual cases in which they find that:
a) The provision from which the variance is
			 granted is not statutorily mandated.
b) No Party will be injured by the granting
			 of the variance.
c) The rule from
			 which the variance is granted would, in the particular case, be unreasonable or
			 unnecessarily burdensome.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 110 - CONSUMER INSTALLMENT LOAN ACT › Subpart A - GENERAL PROVISIONS › Section 110.2 - Rate Cap Disclosure Notices

Current through Register Vol. 48, No. 28, July 12, 2024
All loan contracts or agreements must include a separate
				  disclosure signed by the consumer that states: "A lender shall not contract for
				  or receive charges exceeding a 36% annual percentage rate on the unpaid balance
				  of the amount financed for a loan, as calculated under the Illinois Predatory
				  Loan Prevention Act (PLPA APR). Any loan with a PLPA APR over 36% is null and
				  void, such that no person or entity shall have any right to collect, attempt to
				  collect, receive, or retain any principal, fee, interest, or charges related to
				  the loan. The annual percentage rate disclosed in any loan contract may be
				  lower than the PLPA APR." This disclosure shall be clear and conspicuous and
				  shall be substantially similar to the form in Appendix C. A lender shall
				  provide all disclosures required by this section in English and in the same
				  language as the loan agreement.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 110 - CONSUMER INSTALLMENT LOAN ACT › Subpart A - GENERAL PROVISIONS › Section 110.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
All rules in this Part, unless context indicates otherwise,
				  apply only to loans made pursuant to the Consumer Installment Loan
				  Act.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 110 - CONSUMER INSTALLMENT LOAN ACT › Subpart A - GENERAL PROVISIONS › Section 110.10 - Record Keeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every
				licensee shall keep the following records at the licensed location in any
				medium or format that accurately reproduces original documents or papers:
1) Loan register.
2) Individual account records, including
				transaction histories of obligors.
3) File of all original papers.
4) Cash book.
5) Alphabetical record of all co-makers,
				obligors, or sureties.
6) Permanent
				file.
Illinois Administrative Code › Title 38 - FINANCIAL INSTITUTIONS › Part 110 - CONSUMER INSTALLMENT LOAN ACT › Subpart A - GENERAL PROVISIONS › Section 110.15 - Application for License; Controlling Person

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application for a license must be under
				oath and in the form the Director prescribes. The application shall contain the
				following:
1) The legal name of the
				applicant, including any other names the applicant does or intends to do
				business as, and the address of the proposed place of business;
2) The form of business organization of the
				applicant, including:
A) a copy of its filed
				articles of incorporation;
B) a
				copy of the filed articles of organization, if the applicant is a limited
				liability company;
C) a certified
				statement of the ownership of the partnership and any subsequent changes to the
				ownership, if the applicant is a partnership.
3) Information on Involved Individuals
A) The name, business and home address,
				credit report (except for a publicly traded company) and a chronological
				summary of the business experience, material litigation history and felony
				convictions over the preceding 10 years of:
i) the proprietor, if the applicant is an
				individual;
ii) every general
				partner, if the applicant is a partnership;
iii) President, Secretary, Executive and
				Senior Vice Presidents, Directors and individuals owning more than 25% of the
				corporate stock, if the applicant is a corporation;
iv) the manager, if the applicant is a
				limited liability company; and
v)
				any controlling person.
B) A licensee shall not submit the
				information required in subsections (a)(2) and (3) if the licensee has
				previously submitted the information to the Division in a previous license
				application within the last 5 years and there have been no material changes
				unless the licensee is requested by the Director to submit this
				information.
4) The most
				current year end financial statements, prepared in accordance with generally
				accepted accounting principles (as defined by the Financial Standards
				Accounting Board (401 Merritt 7, PO Box 5116, Norwalk Ct 06856-5116
				(203/847-0700))) and a balance sheet and statement of operations as of the most
				recent quarterly report before the date of the application.
5) A list of all states in which the
				applicant is licensed as a lender or sales finance agency and whether the
				licenses of the applicant have ever been withdrawn, refused, cancelled, or
				suspended in any other state, with full details.
6) Bond as required by the Act.
7) Appointment of Attorney-in-Fact.
8) Business Plan, which shall at minimum
				detail the nature, amount, and term of loans to be made and types of security
				that will be taken.
9) Photographs
				of both the inside and outside of the proposed site.
10) Details of any other businesses that will
				be conducted within the licensed premises.
11) The applicable fees as required by the
				Act.
12) Any additional information
				the Director considers necessary.