Illinois Administrative Code › Title 50 - INSURANCE › Part 2051 - PREFERRED PROVIDER PROGRAMS › Section 2051.370 - Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director or
			 his or her designee may examine any applicant for registration or any
			 registrant when he or she obtains information that gives him or her reason to
			 believe that the applicant or registrant may be in violation of this Part, or
			 any applicable provision of the Code, when he or she receives a complaint or
			 when the applicant has a history of violations of the Code.
b) Any administrator being examined shall
			 provide to the Director or his or her designee convenient and free access, at
			 all reasonable hours at their offices, to all books, records, documents and
			 other papers relating to the administrator's business affairs.
c) The Director or his or her designee may
			 administer oaths and thereafter examine any individual about the business of
			 the administrator.
d) The expenses
			 of examination under this Section shall be assessed against the administrator
			 being examined in accordance with Section 408(3) of the Code.
e) The examiner designated by the Director
			 shall make a written report if he or she alleges a violation of this Part, any
			 applicable provisions of the Code or any other applicable Part of Title 50 of
			 the Illinois Administrative Code. The report shall be verified by the examiner.
			 The report must be made to the Director within 45 days after the conclusion of
			 the examination. If no report is to be made, the administrator shall be so
			 notified.
f) If a report is made,
			 the Director shall either deliver a duplicate of the report to the
			 administrator being examined or send the duplicate by certified or registered
			 mail to the administrator's address specified in the records of the Department.
			 The Director shall afford the administrator an opportunity to request a hearing
			 to object to the report. The administrator may request a hearing within 30 days
			 after receipt of the duplicate examination report by giving the Director
			 written notice of the request, together with written objections to the report.
			 Any hearing shall be conducted in accordance with Sections 402 and 403 of the
			 Code and 50 Ill. Adm. Code 2402. The right to hearing is waived if the delivery
			 of the report is refused, the report is otherwise undeliverable to the address
			 on file with the Department or the administrator does not timely request a
			 hearing. After the hearing, or upon expiration of the time period during which
			 an administrator may request a hearing, if the examination reveals that the
			 administrator is operating in violation of any applicable provisions of the
			 Code, any applicable Part of Title 50 of the Illinois Administrative Code or
			 prior Order, the Director, in the written Order, may require the administrator
			 to take action to correct the violation in accordance with the report or
			 examination hearing. If the Director issues an Order, it shall be issued within
			 90 days after the report is filed, or, if there is a hearing, within 90 days
			 after the conclusion of the hearing. The Order is subject to review under the
			 Administrative Review Law [735 ILCS 5 /Art.III].