reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.60 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation of
			 any period of time prescribed by this rule shall begin with the first business
			 day following the day on which the act, event or development initiating such
			 period of time occurs, and shall run until the end of the last day, or the next
			 following business day if the last day is a Saturday, Sunday, or legal holiday.
			 Where the period of time is five days or less, Saturdays, Sundays and legal
			 holidays shall be excluded in the computation of time.
b) Notice requirements shall be construed to
			 mean notice received but proof that notice was dispatched by means reasonably
			 calculated to be received by the prescribed date shall be prima facie proof
			 that notice was timely received.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.70 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a Any person
			 entitled to participate in proceedings may appear as follows:
1 A natural person may appear on his or her
			 own behalf or by an attorney at law licensed to practice in the State of
			 Illinois, or both.
2 A business,
			 nonprofit or government organization may appear by any bona fide officer,
			 employee or representative, or may be represented by an attorney licensed to
			 practice in the State of Illinois, or both.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.80 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
All administrative hearings shall be initiated by the issuance
				by the Department of a written Notice of Hearing, which shall be served upon
				all known parties to the Hearing, and which shall clearly state facts which
				inform the Respondent of the particular acts complained of by the Department
				and the statutes or rules upon which the allegations in the Notice are
				based.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.90 - Service of the Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Service shall be complete when the Notice of Hearing is served
				in person or deposited in the United States mail, postage prepaid, registered
				or certified, addressed to the last known address of the persons, partnerships,
				associations or companies involved, not less than 10 days before the date
				designated for the Hearing.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.100 - Motion and Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party
			 receiving a Notice of Hearing may file an answer not later than five days prior
			 to the date of hearing. All answers or motions preliminary to a hearing shall
			 be presented to the Department and to the Hearing Officer at least five days
			 prior to the date of hearing, or on such other date as the Hearing Officer
			 shall designate and shall be served personally or by registered or certified
			 United States mail.
b) Unless made
			 orally on the record during a hearing, or unless the Hearing Officer directs
			 otherwise, an answer or motion shall be in writing and shall be accompanied by
			 any affidavits or other evidence relied upon and, as appropriate, by a proposed
			 order. At least two copies of all such motions shall be filed with the
			 Department (one for the Department attorney and one for the Hearing Officer)
			 and at least one copy served on each additional party, if any, to the
			 Hearing.
c) Within five days after
			 service of a written motion, or such other period as the Hearing Officer may
			 prescribe, a party may file a response in support of or in opposition to the
			 motion, accompanied by affidavits or other evidence. If no response is filed,
			 the parties shall be deemed to have waived objection to the granting of the
			 motion. The moving party shall have no right to reply, except as permitted by
			 the Hearing Officer.
d) No oral
			 argument will be heard on a motion unless the Hearing Officer directs
			 otherwise. A written brief may be filed with a motion or an answer to a motion,
			 stating the arguments and authorities relied upon.
e) A written motion will be disposed of by
			 written order and on notice to all parties.
f) The Hearing Officer shall rule upon all
			 motions, except that he shall have no authority to dismiss or decide a hearing
			 on the merits without granting all parties to the proceeding a right to be
			 heard and to establish a record.
g)
			 Unless otherwise ordered, the filing of an answer or motion shall not stay the
			 proceeding or extend the time for the performance of any act.
h) A party may participate in the proceedings
			 without forfeiting any jurisdictional objection, if such objection is raised at
			 or before the time the party files his answer or motion, or, if no answer or
			 motion is made, before the commencement of the hearing.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.110 - Consolidation and Severance of Matters - Additional Parties

Current through Register Vol. 48, No. 28, July 12, 2024
In the interests of convenient, expeditious, and complete
				determination of matters, the Hearing Officer may consolidate or sever hearing
				proceedings involving any number of parties, and may order additional parties
				to be brought in.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.120 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon timely
			 written application, the Hearing Officer shall permit any party to intervene in
			 a hearing proceeding, subject to the necessity for conducting an orderly and
			 expeditious hearing, when either of the following conditions is met:
1) when the party is so situated that he may
			 be adversely affected by a final order arising from the hearing; or
2) when a party's circumstances and the
			 hearing proceeding have a question of law or fact in common.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.130 - Postponement on Continuance of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing may be postponed or continued for due cause by the
				Director or the Hearing Officer upon their own motion or upon motion of a party
				to the hearing. Notice of any postponement or continuance shall be given in
				writing to all parties to the hearing within a reasonable time in advance of
				the previously scheduled Hearing date. All parties involved in a hearing shall
				attempt to avoid undue delay caused by repetitive postponements or continuances
				so that the subject matter of the hearing may be resolved
				expeditiously.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.140 - Authority of a Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer has the authority to conduct a hearing,
				take all necessary action to avoid delay, maintain order, and insure the
				development of clear and complete record. He shall have all powers necessary to
				conduct a hearing including the power to:
a) Administer oaths and
			 affirmations;
b) Regulate the
			 course of hearings, set the time and place for continued hearings, fix time for
			 filing of documents, provide for the taking of testimony by deposition if
			 necessary, and generally conduct the proceeding according to generally
			 recognized administrative law and this Rule.
c) Examine witnesses and direct witnesses to
			 testify, limit the number of times any witness may testify, limit repetitious
			 or cumulative testimony, and set reasonable limits on the amount of time each
			 witness may testify;
d) Rule upon
			 offers of proof and receive relevant evidence;
e) Sign and issue subpoenas that require
			 attendance, giving testimony and the production of books, papers and other
			 documentary evidence;
f) Direct
			 parties to appear and confer for the settlement or simplification of issues,
			 and to otherwise conduct prehearing conferences;
g) Dispose of procedural requests or similar
			 matters;
h) Render Findings of
			 Fact, Opinions and Recommendations for an Order of the Director; and
i) Enter any Order that further carries out
			 the purpose of this Rule.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.150 - Bias or Disqualification of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any interested party may file a timely and
			 sufficient affidavit setting forth allegations of personal bias, prejudice, or
			 disqualification of a presiding Hearing Officer. The Director shall determine
			 this issue as part of the record of the case. When a Hearing Officer is
			 disqualified, or it becomes impractical for him to continue, another presiding
			 officer may be assigned unless it is further shown that substantial bias or
			 prejudice will result from the assignment.
b) The Hearing Officer may at any time
			 voluntarily disqualify himself.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.160 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 written notice by the Hearing Officer in any proceeding, or upon written
			 request by any party, the Hearing Officer may direct parties or their Attorneys
			 to appear at a specified time and place for a conference, prior to or during
			 the course of hearing, for the purpose of formulating issues and considering:
1) the simplification of issues;
2) The necessity or desirability of amending
			 the pleadings for the purpose of clarification, amplification or
			 limitation;
3) The possibility of
			 making admissions of certain averments of facts or stipulations concerning the
			 use by either or both parties of matters of public record to avoid unnecessary
			 introduction of proof;
4) the
			 limitation of the number of witnesses;
5) the propriety of prior mutual exchange
			 between or among the parties of prepared testimony and exhibits; and
6) such other matters as may aid in the
			 simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.170 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a The following
			 discovery procedures shall be ordered by the Hearing Officer upon the written
			 request of any party when necessary to expedite the proceedings, to ensure a
			 clear or concise record, to ensure a fair opportunity to prepare for the
			 hearing, or to avoid surprise at the hearing:
1 production of documents or
			 things;
2 depositions;
3 interrogatories.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.180 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a Upon application
			 to the Hearing Officer by any party, the Hearing Officer may issue a subpoena
			 for attendance at deposition or hearing, which may include a command to produce
			 books, papers, documents or tangible things designated in those materials and
			 reasonably necessary to resolve the matter under consideration, subject to the
			 limitations on discovery prescribed by this Section.
b Every subpoena shall state the title of the
			 action and shall command each person to whom it is directed to attend and give
			 testimony at the time and place specified in the subpoena.
c The Hearing Officer or the Director, upon
			 motion made promptly, and in any event at or before the time specified in the
			 subpoena for compliance, may quash or modify the subpoena if it is unreasonable
			 and oppressive.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.190 - Conduct of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 hearings shall be public unless required by statute to be otherwise. Any person
			 may submit written statements relevant to the subject matter of the hearing.
			 Any person submitting such a statement shall be subject to cross-examination by
			 any party. If such person is not available for cross-examination upon timely
			 request, the written statement shall be stricken from the record. The Hearing
			 Officer may permit any person to offer oral testimony whether or not such
			 person is a party to the proceedings.
b) The following shall be the order of
			 proceedings of all hearings, subject to modification by the Hearing Officer for
			 good cause:
1) presentation, argument and
			 disposition of motions preliminary to a hearing on the merits of the matters
			 raised in the Notice or Answer;
2)
			 presentation of opening statements;
3) complainant's case in chief;
4) respondent's case in chief;
5) complainant's case in rebuttal;
6) statements from interested citizens, if
			 authorized by the Hearing Officer;
7) complainant's closing statement, which may
			 include legal argument;
8)
			 respondent's closing statement, which may include legal argument;
9) presentation and argument of all motions
			 prior to final order.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.200 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear on the date set for hearing, or
				failure to proceed as ordered by the Hearing Officer, shall constitute a
				default. The Hearing Officer shall thereupon enter such Findings, Opinions, and
				Recommendations as is appropriate under the pleadings and such evidence as he
				shall receive into the record.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.210 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
			 Officer shall receive evidence which is admissible under the law of the rules
			 of evidence of Illinois pertaining to civil actions. In addition, the Hearing
			 Officer may receive material, relevant evidence, which would be relied upon by
			 a reasonably prudent person in the conduct of serious affairs, which is
			 reasonably reliable and reasonably necessary to resolution of the issue for
			 which it is offered; provided that the rules relating to privileged
			 communications and privileged topics shall be observed.
b) The Hearing Officer shall exclude
			 immaterial, irrelevant, and repetitious evidence.
c) When the admissibility of disputed
			 evidence depends upon an arguable interpretation of substantive law, the
			 Hearing Officer shall admit such evidence.
d) A party may conduct examinations or
			 cross-examinations without rigid adherence to formal rules of evidence,
			 provided the examination or cross-examination can be shown to be necessary and
			 pertinent to a full and fair disclosure of the subject matters of the
			 hearing.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.230 - Hostile Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Hearing Officer determines that a witness is hostile or unwilling, he may be
			 examined by the party calling him as if under cross-examination.
b) The party calling an occurrence witness,
			 upon the showing that he called the witness in good faith and is surprised by
			 his testimony, may impeach the witness by proof of prior inconsistent
			 statements.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.240 - Transcription of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a Oral
			 proceeding at which evidence is presented shall be recorded either by a
			 certified court reporter or a mechanical recording device, but need not be
			 transcribed unless requested by a party, who shall pay for the transcription of
			 the portion requested, except as otherwise provided by the Department or by
			 law. Any transcription will be retained through and including the time allotted
			 for appeal, revision, rehearing or other manner of review prior to final
			 deposition as provided for by the Department or by law.
b The record in an administrative hearing
			 shall include:
1 pre-hearing
			 records;
2 all pleadings (including
			 all notices and answers, motions, briefs and rulings);
3 transcript of proceedings;
4 evidence admitted;
5 a statement of matters officially
			 noticed;
6 offers of proof,
			 objections and rulings; and
7
			 Findings, Opinions and Recommendations of the Hearing Officer.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.250 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
The parties may submit written briefs to the Hearing Officer
				within ten days after the close of the hearing, or such other reasonable time
				as the Hearing Officer shall determine consistent with the Director's
				responsibility for expeditious decision.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.260 - Hearing Officer's Findings, Opinions, and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
			 Officer's Findings, Opinions, and Recommendations shall be in writing and shall
			 include findings of fact and conclusions of law, or opinions separately stated
			 when possible. Findings of Fact shall be based exclusively on the evidence
			 presented at the hearing or known to all parties, including matters officially
			 noticed. Findings of Fact, if set forth in statutory language, shall be
			 accompanied by a statement of the underlying supporting facts. If a party
			 submits proposed Findings of Fact which may control the decision or order, the
			 decision or order shall include a ruling upon each proposed finding. Each
			 conclusion of law shall be supported by authority or reasoned opinion. A
			 decision or order shall not be made except upon consideration of the record as
			 a whole or such portion thereof as may be supported by competent material and
			 substantial evidence.
b) The
			 Hearing Officer shall then submit his Findings, Opinions, and Recommendations
			 to the Director.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.270 - Order of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
a The Director
			 of Insurance shall review the Hearing Officer's Findings, Opinions and
			 Recommendations and shall issue an Order as set forth by applicable statutes or
			 within a reasonable time.
b The
			 decision in the case will become effective immediately upon the execution of a
			 written Order, or as otherwise specified by either the Order or applicable
			 statute.
c Parties shall be
			 immediately notified of the order, either personally or by mail, postage
			 prepaid, certified or registered, addressed to the last known address of the
			 person, partnership, association or company involved. A copy of the Order shall
			 be delivered or mailed to each party or to his or her attorney of
			 record.
d The Director may, as part
			 of the Order, require any party to the proceeding to pay part or all of the
			 costs of the hearing, including, but not limited to: witness fees, court
			 reporter fees, hearing officer fees, and the cost of the transcript.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.280 - Rehearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided by law, and for good cause shown, the Director may in his
			 discretion, order a rehearing in a contested case on petition of an interested
			 party.
b) Where the record of
			 testimony made at the hearing is found by the Director to be inadequate for
			 purposes of judicial review, the Director may order a reopening of the
			 hearing.
c) A motion for a
			 rehearing or a motion for the reopening of a hearing shall be filed within 10
			 days of the date of mailing of the Director's Order. A rehearing shall be
			 noticed and conducted in the same manner as an original hearing. The evidence
			 received at the rehearing shall be included in the record for Director's
			 reconsideration and for judicial review. A decision or order may be amended or
			 vacated after rehearing.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.290 - Ex Parte Contacts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as to
			 such matters which by law are subject to disposition on an ex parte basis, the
			 Hearing Officer, any employee (or superior thereof) of the Department Division
			 involved in the hearing, and any party to a hearing shall not make an
			 unauthorized ex parte communication directly or indirectly about any matter
			 which is the subject of a pending hearing. This prohibition shall commence with
			 the issuance of a Notice of Hearing.
b) Unauthorized ex parte communications shall
			 consist of:
1) any written communication of
			 any kind about the hearing unless copies thereof are served by the
			 communicator, contemporaneously with the transmittal of the communication, upon
			 all parties to the hearing,
2) any
			 oral communication of any kind about the hearing unless:
A) 48 hours advance written notice that it
			 will be made is given by the communicator to all parties to the hearing
			 (including the Department counsel); or
B) its contents are disclosed by the
			 communicator at the time of its presentation to all the parties to the hearing
			 (including the Department counsel); or
C) the substance of the contents of the oral
			 communication is reduced to writing and personal or telegraphic service of
			 copies thereof is made by the communicator within 24 hours following the
			 presentation of the oral communication upon all parties to the hearing
			 (including the Department counsel).
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.295 - Cancellation/Non-Renewal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a Any Section
			 of this Part to the contrary notwithstanding, the procedures set out in this
			 Section shall apply for all hearings conducted on the cancellation/non-renewal
			 of an insurance policy pursuant to Section 143.23 of the Illinois Insurance
			 Code [215 ILCS
			 5/143.23 ].
1
			 Parties - The parties to a cancellation/non-renewal hearing shall be the
			 individual insureds named on the policy that has been cancelled or non-renewed
			 and the insurance company that issued the policy. No intervention by any other
			 party or persons shall be allowed.
2 Attorneys - An attorney shall not be
			 required. If an attorney is engaged, an appearance in accordance with Section
			 2402.70 is
			 required.
3 Motion - All motions
			 shall be presented at the commencement of the hearing. All motions shall become
			 part of the record.
4 Conduct of
			 Hearing - The Hearing Officer shall conduct the hearing in the following
			 manner:
A The insured shall proceed first and
			 present his or her case in the narrative. The company may ask relevant
			 questions at the conclusion of the insured's narrative. The company shall then
			 proceed and present its case in the narrative. The insured may ask relevant
			 questions at the conclusion of the company's narrative.
B At the conclusion of all narratives and
			 questions, if any, the Hearing Officer shall take the matter under advisement
			 and enter his or her recommendations to the Director within 5 days.
5 Record - The record of the
			 hearing shall be comprised of the Hearing Officer's notes and all documents and
			 motions introduced, if no transcription of the proceedings is requested. The
			 Hearing Officer may use a tape recorder to assist in the taking of notes. A
			 party may request that the proceedings be transcribed by a court reporter as
			 provided in Section
			 2402.240.
			 This request shall be made at least one week before the hearing date, or less
			 if a court reporter can be scheduled.
6 Hearing Officer's Recommendations - The
			 Hearing Officer shall provide written recommendations and findings to the
			 Director within 5 days after the close of the hearing. The Hearing Officer's
			 recommendations shall be limited to one of the following:
A The actions of the insurance company were
			 incorrect and the company must retain the risk; or
B The actions of the insurance company were
			 correct and the company need not retain the risk.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2402 - ADMINISTRATIVE HEARING PROCEDURES › Section 2402.300 - Existing Statutory or Department Procedures and Practices

Current through Register Vol. 48, No. 28, July 12, 2024
This Rule shall not be construed to limit or repeal additional
				requirements imposed by Statute or otherwise, nor to charge existing Department
				procedures which are equivalent to or exceed the standards of administrative
				procedure prescribed in this Rule.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2403 - PRODUCER FELONY REVIEW › Section 2403.30 - Review Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Section 500-70 of the Illinois Insurance Code allows the
				Director to place on probation, suspend, revoke, or refuse to issue an
				insurance producer's license, levy a civil penalty, or take any combination of
				the preceding actions when the producer has been convicted of a felony
				[215
				ILCS 5/500-70(a)(6) ]. When so
				reviewing producer licenses or license applications involving producers who
				have been convicted of a felony, the Director shall consider the following
				factors in determining the appropriate action:
a) Nature and Severity of the Criminal
			 Activity.
Violent criminals or sex offenders may be denied producer
				license privileges, as well as those convicted of crimes which are insurance
				related and/or involve untrustworthiness;
b) Time Elapsed Since the Prior Criminal
			 Conduct.
The greater the time period since the criminal conduct of the
				applicant or producer, the more leniency that is appropriate. When making this
				determination, the duration since the criminal activity should be proportionate
				to the severity of the criminal conduct;
c) Absence of Additional Criminal Conduct
			 Since the Reported Felony.
Continued criminal conduct of a lesser or greater nature, by
				the applicant or producer, should not be tolerated;
d) Multiple Offenses or Pattern of Criminal
			 Conduct.
Those applicants and producers who engaged in repeated criminal
				conduct are a greater risk to the public;
e) Restitution.
Payment to the victim of the felony by the applicant or
				producer is necessary to both satisfy the court order and to demonstrate
				penitence;
f) Proper
			 Disclosure.
Failure of the applicant or producer to fully cooperate or
				properly report the criminal activity to the Department does not reflect
				favorably on the applicant's character;
g) Successful Completion of Sentence and
			 Probationary Period.
The applicant's or producer's debt to society must be fully
				satisfied before he or she is granted any further privileges;
h) Rehabilitation.
Post-conviction community service or charitable activity by the
				applicant or producer may serve as evidence of rehabilitation;
i) Nature of Work Performed by the
			 Applicant or Producer.
There is less risk when the work to be performed does not
				involve money transactions or direct contact with the public;
j) Any Other Facts or Circumstances Deemed
			 Relevant by the Director.
Letters of recommendation addressed to the Director, and
				attesting to the character and reputation of the applicant or producer, may be
				considered by the Director.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2405 - INTERGOVERNMENTAL JOINT INSURANCE POOL ANNUAL AUDITED FINANCIAL STATEMENT › Section 2405.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to set forth standards for an
				annual audit and report required of joint insurance pools operating pursuant to
				the authority granted under Section 6 of the Intergovernmental Cooperation Act
				[5 ILCS 220/6
				].
Illinois Administrative Code › Title 50 - INSURANCE › Part 2405 - INTERGOVERNMENTAL JOINT INSURANCE POOL ANNUAL AUDITED FINANCIAL STATEMENT › Section 2405.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Director means the Director of the Illinois Department of
				Insurance.
Independent Certified Public Accountant means an independent
				certified public accountant or independent accounting firm in good standing
				with the American Institute of Certified Public Accountant's, which is
				registered to practice in Illinois.
Net Worth means the difference between a Pool's assets and
				liabilities.
Pool means the joint self-insurance pool created by
				intergovernmental contract pursuant to Section 6 of the Intergovernmental
				Cooperation Act [5 ILCS 220/6
				].
Illinois Administrative Code › Title 50 - INSURANCE › Part 2405 - INTERGOVERNMENTAL JOINT INSURANCE POOL ANNUAL AUDITED FINANCIAL STATEMENT › Section 2405.30 - Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each Pool
			 operating prior to January 1, 1997 shall register with the Director within 60
			 days thereof. In addition, each Pool shall annually register with the Director
			 no later than March 1st of each year.
b) Each registration shall include:
1) Legal name of the Pool.
2) Contact person and telephone
			 number.
3) Address of the
			 administrative offices of the Pool.
4) A list identifying the public agencies
			 which are present or past participants in the Pool, denoting for each
			 participant the fiscal year(s) of the Pool in which the public agency was
			 provided coverage by the Pool.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2405 - INTERGOVERNMENTAL JOINT INSURANCE POOL ANNUAL AUDITED FINANCIAL STATEMENT › Section 2405.40 - Financial Statements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 Pool shall, no later than 150 days after the end of its immediately preceding
			 fiscal year, file with the Director audited Financial Statements, prepared in
			 accordance with generally accepted accounting principles for Public Entity Risk
			 Pools, pursuant to Governmental Accounting Standards Board (GASB) (401 Merritt
			 7, P.O. Box 5116, Norwalk, CT 06856-5116) (Codification of Governmental
			 Accounting and Financial Reporting Standards, as of June 30, 1996, no
			 subsequent dates or editions); supplemented, where applicable, pursuant to
			 standards promulgated by the Public Risk Management Association Advisory
			 Standards for Public Entity Pools (PRIMA, 1996, no subsequent dates or
			 editions), reporting the financial condition of the Pool as of the end of its
			 immediately preceding fiscal year and changes in net worth for the year then
			 ending.
b) The annual audited
			 Financial Statements shall include without implied limitation the following
			 reported in sufficient detail and including appropriate notes to achieve fair
			 presentation in accordance with generally accepted accounting principles:
1) The report of the independent certified
			 public accountant including:
A) A
			 certification that the Financial Statements were prepared in accordance with
			 generally accepted auditing standards, AICPA Professional Standards, published
			 for the American Institute of Certified Public Accountants by CCH, Inc., 4025
			 W. Peterson Avenue, Chicago, IL 60646, June 1996, no subsequent dates or
			 editions.
B) A certification that
			 the independent audit upon which the Financial Statements are based was
			 conducted in accordance with generally accepted accounting standards.
C) An expression of the independent certified
			 public accountant's opinion regarding the Financial Statements, taken as a
			 whole, or an assertion to the effect that an opinion cannot be expressed. When
			 an overall opinion is not expressed, the reasons therefore should be stated. In
			 all cases where the independent certified public accountant's name is
			 associated with the Financial Statements, the Report should contain a clear-cut
			 indication of the character of the auditor's work, if any, and the degree of
			 responsibility the auditor is taking.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to implement Public Act 92-0075,
				which authorizes the Director to return any statutorily required deposit of
				securities to an insurance entity, in connection with the applicable
				administrative dissolution or withdrawal, where necessary to terminate the
				insurance entity's existence. This Part sets forth the procedural and filing
				requirements insurance entities must follow when requesting administrative
				dissolution or withdrawal of their statutory deposit. This process will help
				eliminate the uncertainty regarding the dissolution of insurance entities and
				release of their statutory deposits.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is applicable to domestic stock; domestic mutual;
				reciprocal; assessment legal reserve life; mutual benefit association; burial
				society; a health maintenance organization (HMO); a limited health service
				organization (LHSO); or farm mutual, fraternal benefit society or other
				entities that are granted articles of incorporation or chartered by the
				Illinois Department of Insurance.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.40 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Administrative Dissolution means the voluntary surrender by an
				insurance entity of its Certificate of Authority and cancellation of its
				Articles of Incorporation by the Director of the Illinois Department of
				Insurance, resulting in termination of the insurance entity's existence.
Code means the Illinois Insurance Code [215 ILCS 5 ].
Department means the Illinois Department of Insurance.
Director means the Director of the Illinois Department of
				Insurance.
Insurance Entity, for purposes of this Part, means any domestic
				stock; domestic mutual; reciprocal; assessment legal reserve life; mutual
				benefit association; or burial society who possesses a certificate of authority
				issued by the Director pursuant to the Code [215 ILCS 5]; a health maintenance
				organization (HMO) who possesses a certificate of authority issued by the
				Director pursuant to Sections 2-1 and 2-2 of the Health Maintenance Act [125
				ILCS 125/2-1 and 2 -2] and a limited health maintenance organization (LHSO) who
				possesses a certificate of authority issued by the Director pursuant to
				Sections 2001 and 2002 of the Limited Health Service Organization Act [215 ILCS
				130/2001 and 2002 ]; or farm mutual, fraternal benefit societies or other
				entities that are granted articles of incorporation or chartered by the
				Illinois Department of Insurance.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.50 - Initial Administrative Dissolution or Withdrawal Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The following documents must be filed by the insurance entity
				with the Director in order to initiate the administrative dissolution
				process:
a) A written request for
			 dissolution; or, in the case of an HMO or LHSO, a request for withdrawal of
			 statutory deposit;
b) Except in the
			 case of a non-domestic HMO or LHSO, a plan of dissolution, as described in
			 Section
			 2410.60
			 of this Part, which must be certified by an officer of the insurance entity; a
			 non-domestic HMO or LHSO must submit a certified plan of withdrawal that
			 includes the information described in Section
			 2410.60(a)(1),
			 (2), (3), (5) and (6) with respect to its
			 Illinois operations;
c) An official
			 written instrument in which an agreement or decision was made to dissolve the
			 insurance entity, as follows:
1) A lawful
			 resolution of the Board of Directors of the insurance entity surrendering its
			 Certificate of Authority and requesting cancellation of the Articles of
			 Incorporation by the Director; or
2) A lawful resolution from the governing
			 body of a mutual benefit association, fraternal benefit society or burial
			 society surrendering the insurance entity's Certificate of Authority and
			 requesting cancellation of the Articles of Incorporation; or
3) A lawful resolution from the governing
			 body of an HMO or an LHSO, surrendering its Certificate of Authority;
			 or
4) In the case of an HMO or
			 LHSO, an administrative order issued by the governmental officer responsible
			 for issuing the original organizational documents.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.60 - Plan of Dissolution or Withdrawal of Statutory Deposit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director must first approve the plan
			 of dissolution before further action can be taken by the insurance entity to
			 voluntarily dissolve. The Director shall consider the following elements:
1) The disposition of insurance contracts and
			 claimant actions;
2) The status of
			 any pending litigation;
3) The
			 payment of corporate obligations;
4) The intended disposition of assets,
			 including the statutory deposit being held by the Director;
5) The name and forwarding address for each
			 of the final officers and/or directors; and
6) The date on which the company terminated
			 its last policy or contract obligation and the method(s) by which they were
			 terminated.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.70 - Final Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once the
			 plan of dissolution or withdrawal has been effectuated, the insurance entity
			 shall submit the following documents to the Director:
1) Certification of the completion of such
			 portions of the plan as may be reasonably expected, pending release of the
			 statutory security deposit and, except for an HMO or an LHSO, cancellation of
			 the Articles of Incorporation;
2)
			 Certification that there are no outstanding creditors, policyholders,
			 enrollees, certificate holders, or enrollee/member obligations in effect that
			 will require the use or maintenance of the statutorily required deposit and
			 that, if the insurance entity is an HMO or LHSO, it currently does not and has
			 no plans to engage in the business of insurance in this State;
3) Most current balance sheet;
4) Original Certificate of Authority and/or,
			 except for an HMO or LHSO, Articles of Incorporation; or an Affidavit of the
			 loss of the original documents, submitted by a final officer of the insurance
			 entity;
5) Agreement for Assumption
			 of Liabilities, if any, signed by the party who is to receive the security
			 deposit.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2410 - ADMINISTRATIVE DISSOLUTIONS OR WITHDRAWAL OF STATUTORY DEPOSIT › Section 2410.80 - Administrative Dissolution

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of the documents identified in Section
				2410.70(a)
				of this Part, the Director may cause an insurance entity to be administratively
				dissolved, except in the case of an HMO or LHSO.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth processes implementing assessment and
				payment of fees, taxes and other charges pursuant to Sections 408, 409, 410,
				412, 444 and 444.1 of the Illinois Insurance Code [215 ILCS 5] and Section 12
				of the Fire Investigation Act [425 ILCS 25].
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.40 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated and unless a different meaning of a term is
				clear from its context, the definitions of terms used in this Part that are not
				defined in this Section shall be the same as those used in any of the Acts in
				Chapter 215 of the Illinois Compiled Statutes.
"Affiliated group" means a group of companies affiliated, as of
				the preceding calendar year end, pursuant to Article VIII1/2 of the Code
				entitled Insurance Holding Company Systems [
				215 ILCS 5/131.1
				through 131.28].
"Annual return" means the information filed pursuant to Section
				410 of the Illinois Insurance Code.
"Check" means corporation check, personal check, money order or
				cashier's check.
"Code" means the Illinois Insurance Code [215 ILCS 5].
"Corporate and replacement income tax" means the income tax
				described in Section 201(a), (b), (c) and (d), and paid pursuant to Sections
				601 and 803, of the Illinois Income Tax Act [35 ILCS 5].
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.50 - Audit

Current through Register Vol. 48, No. 28, July 12, 2024
Any person or company who has paid a fee, charge or tax
				pursuant to this Part may request an audit pursuant to Section 412(1)(a) of the
				Code for the purpose of determining if the amount paid was in excess of the
				amount legally chargeable against it.
a) A request for audit shall be in writing
			 and shall include:
1) The name and address of
			 the requester;
2) The contested
			 fee, charge or tax amount;
3) Facts
			 sufficient to support one of the grounds set forth set forth in Section 412 of
			 the Code and subsection (a)(7) of this Section;
4) The Department invoice number, if
			 applicable;
5) The name, address
			 and phone number of a contact person;
6) Any other information and/or documents
			 useful in determining if the amount paid was correct; and
7) The grounds, among the following, on which
			 the requester believes the amount paid is incorrect:
A) A mistake of fact, including, but not
			 limited to:
i) Applying a previous year's
			 income tax overpayment in the current year's corporate and replacement income
			 tax return; or
ii) Using the
			 premium written in the state of incorporation to determine the state of
			 incorporation's basis for retaliatory tax purposes;
B) An error in calculation, including, but
			 not limited to:
i) An incorrect decimal
			 assignment; or
ii) An erroneous
			 sum, result or total arising out of a mathematical function, operation or
			 equation; or
C) An
			 erroneous interpretation of a statute of this or any other state, including,
			 but not limited to:
i) A misapplication of a
			 statute; or
ii) A misunderstanding
			 of an equivocal term or phrase used in a statute.
D) However, an erroneous interpretation of a
			 statute of this or any other state does not include a finding of
			 unconstitutionality of the statute in question. Additionally, a mistake in fact
			 shall not include the assertion that a statute is unconstitutional on its
			 face.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.60 - Computation of Time and Time of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation of Time. The time within which
			 any act provided by law is to be done or a payment is due shall be computed by
			 excluding the first day and including the last. However, if the last day is a
			 Saturday, Sunday or State holiday, or is the day succeeding a Saturday, Sunday
			 or State holiday, that day shall be excluded.
b) Time of Filing. Documents shall be
			 considered filed or received, as set forth in subsections (b)(1) and (2), when
			 they are in conformance with the requirements of this Part.
1) If filed in person, by messenger service,
			 or mail delivery other than U.S. Postal Service, documents are considered filed
			 when they are received by the Department. Documents received by the Department
			 after 12:00 p.m. (noon) shall be considered received on the following business
			 day. Documents received by the Department after 12:00 p.m. on the due date will
			 not be considered late.
2) If filed
			 by U.S. Mail, documents are deemed filed as of the date of the U.S.
			 postmark.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.70 - Payment, Forms and Returns

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 payment of fees or charges shall be made by separate check, or other payment
			 method approved by the Director, for each invoice issued by the Department
			 pursuant to Section 408 of the Code.
b) The payment of taxes owed pursuant to
			 Sections 409, 444 and 444.1 of the Code and Section 12 of the Fire
			 Investigation Act [425 ILCS 25] shall be made by the payor by separate check,
			 or other payment method approved by the Director, for each company and for each
			 tax return.
c) All tax returns
			 required by this Part must be signed by an officer of the company, the surplus
			 line producer, or an officer of the Illinois Fair Plan, as may be appropriate
			 for that tax return.
d) Cash shall
			 not be sent as payment for any fee, charge or tax owed pursuant to this
			 Part.
e) All payments shall
			 identify the person, company or business entity on whose behalf the payment is
			 being made and indicate the Department invoice number, if applicable.
f) Any fee or charge assessed pursuant to
			 this Part in which a payment due date has not been established must be paid
			 within 30 days after the date of the Department's invoice.
g) Copies of standard forms and returns
			 referenced in this Part can be found on the Department's website or by
			 contacting the Tax and Fiscal Services Section of the Department.
h) Failure to pay fees, taxes and other
			 charges assessed pursuant to Sections 408, 409, 410, 412, 444 and 444.1 of the
			 Code and Section 12 of the Fire Investigation Act [425 ILCS 25] may result in
			 regulatory action.
Illinois Administrative Code › Title 50 - INSURANCE › Part 2500 - FEES, CHARGES AND TAXES › Section 2500.80 - Calculation Guidelines

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 calculations shall be rounded to whole numbers by rounding down if the first
			 decimal place is five or less and rounding up otherwise.
b) For all calculated amounts owed, a whole
			 dollar amount shall be reported and any amount calculated should be rounded
			 down if $0.50 or less and rounded up otherwise.