reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.61 - Consideration of Past Crimes in Licensing Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding the prohibitions set forth in Sections 40 and
				  45 of the Act, when considering the denial of a license or recovery permit on
				  the grounds of conviction of a crime, the Commission, in evaluating the
				  rehabilitation of the applicant and the applicant's present eligibility for a
				  license or recovery permit, shall consider each of the following
				  criteria:
a) The nature and severity
				of the act or crime under consideration as grounds for denial.
b) Evidence of any act committed subsequent
				to the act or crime under consideration as grounds for denial, which also could
				be considered as grounds for disciplinary action under the Act.
c) The amount of time that has lapsed since
				the commission of the act or crime referred to in subsection (a) or
				(b).
d) The extent to which the
				applicant has complied with any terms of parole, probation, restitution, or any
				other sanctions lawfully imposed against the applicant as of the date of the
				hearing as evidenced by:
1) Satisfactory
				termination of the applicant's sentence;
2) Applicant's compliance with all
				requirements and conditions of parole, probation, conditional discharge, term
				of imprisonment or any other lawfully imposed sentence;
3) Applicant's compliance with paying any
				fees, fines, court costs or restitution imposed by the court as part of the
				sentence.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.70 - Replacement or Revision of a License, Recovery Permit or Registration

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for replacement or revision of any license,
				  recovery permit or registration issued under the Act or this Part shall be
				  filed on forms and contain the information prescribed by the Commission.
				  Incomplete or incorrect applications for replacement or revision of a license,
				  recovery permit or registration shall be refused or rejected by the
				  Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart B - LICENSES AND RECOVERY PERMITS › Section 1480.80 - Return of Revoked or Suspended Licenses, Recovery Permits or Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the revocation orsuspension of any license, registration
				  or recovery permit, the license holder, registration holder or permit holder
				  shall immediately surrenderthe license, registration or recovery permit to the
				  Commission. [225 ILCS
				  422/185 ] The license, registration or recovery permit
				  holder will be considered in compliance with this Section if the license,
				  registration or recovery permit is returned within 14 days from the date of
				  suspension or revocation via United States mail or hand delivery at the
				  following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield, Illinois 62701
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart C - RENEWAL, RESTORATION, REINSTATEMENT › Section 1480.90 - Renewal of Licenses and Recovery Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications to renew a license or
				recovery permit shall be filed on forms and contain the information prescribed
				by the Commission. Incomplete or incorrect applications for renewal of licenses
				or recovery permits shall be refused or rejected by the Commission.
b) Applicants for the renewal of a license
				shall fulfill the same fitness standards that are required of initial
				applicants for a respective license. Applicants for the renewal of a recovery
				permit shall fulfill the same fitness standards that are required of initial
				applicants for a respective recovery permit.
c) For applicants whose applications were
				previously set for hearing due to a conviction, if, upon review of an
				application for renewal, the Commission discovers that the applicant or any
				individual required to submit to a criminal background check as part of the
				licensure process has been convicted of any crime under the laws of the United
				States or any state or territory of the United States that is a felony, a
				misdemeanor an essential element of which is dishonesty, or a crime related to
				the practice of the profession [225 ILCS
				422/80 ] since the last hearing held in the matter,
				the matter shall be set for an administrative hearing before an Administrative
				Law Judge to assist the Commission in determining whether the applicant is
				unfit by reason of conviction.
d)
				Applications for renewal of a license or permit must be filed with the
				Commission no earlier than 90 days and not later than 45 days prior to the
				expiration of a license or permit. The license or permit holder must
				satisfactorily complete the application process and fulfill all the fitness
				standards by the expiration date of the license or permit. A license or permit
				expires on the expiration date if not successfully renewed by the Commission
				prior to the expiration date. Any license or recovery permit holder whose
				license or recovery permit is not renewed by the license's or permit's
				expiration date shall not engage in the practice of recovery in this State or
				use the title or advertise that he, she, or it performs the services of a
				licensed repossession agency, licensed recovery manager, or repossession agency
				employee. [225
				ILCS 422/75(k) ]
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart C - RENEWAL, RESTORATION, REINSTATEMENT › Section 1480.100 - Restoration of Licenses and Recovery Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications to restore an expired license
				or recovery permit shall be filed on forms and contain the information
				prescribed by the Commission. Incomplete or incorrect applications for
				restoration of licenses or recovery permits shall be refused or rejected by the
				Commission.
b) Any person in
				military service whose license has expired as provided in Section 75(g) of the
				Act and who is requesting a waiver of the restoration fee must submit
				supporting documents with the application, including but not limited to,
				official written military orders.
c) Applicants for the restoration of a
				license shall fulfill the same fitness standards that are required of initial
				applicants for a respective license. Applicants for the restoration of a
				recovery permit shall fulfill the same fitness standards that are required of
				initial applicants for a respective recovery permit.
d) The restoration fee for a license or
				recovery permit listed in Subpart V shall be in addition to a renewal fee for
				that respective license or recovery permit.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart C - RENEWAL, RESTORATION, REINSTATEMENT › Section 1480.110 - Reinstatement of Licenses, Recovery Permits or Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications to
				reinstate a revoked or suspended license, recovery permit or registration shall
				be filed on forms and contain the information prescribed by the Commission.
				Incomplete or incorrect applications for reinstatement of licenses, recovery
				permits or registrations shall be refused or rejected by the
				Commission.
b) An applicant for the
				reinstatement of a license shall fulfill the same fitness standards required of
				an initial applicant for a respective license. License holders whose licenses
				were suspended or revoked according to Section
				1480.392
				shall cure the deficiency that caused the suspension or revocation, file a
				reinstatement application and pay the reinstatement application fee before the
				license may be reinstated.
c) An
				applicant for the reinstatement of a recovery permit shall fulfill the same
				fitness standards required of an initial applicant for a respective recovery
				permit. Recovery permit holders whose permits were suspended or revoked
				according to Section
				1480.392
				shall cure the deficiency that caused the suspension or revocation, file a
				reinstatement application and pay the reinstatement application fee before the
				recovery permit may be reinstated.
d) An applicant for the reinstatement of a
				registration shall fulfill the same fitness standards required of an initial
				applicant for a respective registration. Registration holders whose
				registrations were suspended or revoked according to Section
				1480.392
				shall cure the deficiency that caused the suspension or revocation, file a
				reinstatement application and pay the reinstatement application fee before the
				registration may be reinstated.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart D - RESUMING ACTIVE STATUS › Section 1480.120 - Resuming an Inactive License or Recovery Permit to Active Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person or
				entity requesting that a license or recovery permit be changed from inactive to
				active status shall submit a written notice on a form containing the
				information prescribed by the Commission. Incomplete or incorrect written forms
				shall be refused or rejected by the Commission.
b) Any person or entity requesting to resume
				a license to active status shall fulfill the same fitness standards that are
				required of an initial applicant for a respective license. Any person
				requesting to resume a recovery permit to active status shall fulfill the same
				fitness standards that are required of an initial applicant for a respective
				recovery permit. Active status will not be resumed until the person or entity
				has demonstrated full compliance with the Act and this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart E - LICENSE EXTENSIONS › Section 1480.130 - License Extension upon the Death of a Person Licensed Individually

Current through Register Vol. 48, No. 28, July 12, 2024
a) An immediate
				family member shall submit written notice on a form containing the information
				prescribed by the Commission or in a form of the letter to the Commission.
				Incomplete or incorrect written notices shall be refused or rejected by the
				Commission. If the immediate family member submits the written notice in the
				form of a letter, the letter shall provide, at minimum, the following
				information:
1) Full legal name of the
				deceased license holder;
2)
				Identifying number of the license;
3) Full legal name of the immediate family
				member;
4) Address of the immediate
				family member;
5) Telephone number
				of the immediate family member;
6)
				Relationship of the immediate family member to the license holder;
7) Date of death of the license
				holder;
8) Brief statement
				requesting a license extension; and
9) Notarized signature of the immediate
				family member.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart E - LICENSE EXTENSIONS › Section 1480.140 - License Extension upon the Death or Disassociation of Partner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A partnership
				shall submit written notice on a form containing the information prescribed by
				the Commission or in the form of a letter to the Commission. Incomplete or
				incorrect written notices shall be refused or rejected by the Commission. If
				the partnership submits the written notice in the form of a letter, the letter
				shall provide, at minimum, the following information:
1) Full legal name of the
				partnership;
2) Business address of
				the partnership;
3) Business
				telephone of the partnership;
4)
				Identifying number of the license;
5) Full legal name of the deceased or
				disassociated partner;
6) Full
				legal name of every partner;
7)
				Address of every partner;
8)
				Telephone number of every partner;
9) Date of death of the deceased partner or
				date of disassociation of the disassociated partner;
10) Brief statement requesting extension;
				and
11) Notarized signature of the
				notifying partner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart E - LICENSE EXTENSIONS › Section 1480.145 - License Extension upon Death of a Shareholder of a Corporation or a Member of a Limited Liability Company

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the case of the death of a shareholder
				of a corporation licensed as a repossession agency, the corporation shall
				notify the Commission, in writing, within 30 days from the death of a
				shareholder. If the corporation fails to notify the Commission within the
				30-day period, the license shall automatically be revoked at the end of that
				period. If proper notice is given, the license shall remain in force for 90
				days following the date of death of a shareholder. At the end of the 90-day
				period, the license shall automatically be revoked.
b) In the case of the death of a member of a
				limited liability company licensed as a repossession agency, the company shall
				notify the Commission, in writing, within 30 days from the death of a member.
				If the company fails to notify the Commission within the 30-day period, the
				license shall automatically be revoked at the end of that period. If proper
				notice is given, the license shall remain in force for 90 days following the
				date of death of a member. At the end of the 90-day period, the license shall
				automatically be revoked.
c) The
				corporation or limited liability company shall submit written notice on a form
				containing the information prescribed by the Commission or in the form of a
				letter to the Commission. Incomplete or incorrect written notices shall be
				refused or rejected by the Commission. If the corporation or limited liability
				company submits the written notice in form of a letter, the letter shall
				provide, at minimum, the following information:
1) Full legal name of the corporation or
				limited liability company;
2)
				Business address of the corporation or limited liability company;
3) Business telephone of the corporation or
				limited liability company;
4)
				Identifying number of the license;
5) Full legal name of the deceased
				shareholder or member;
6) Full
				legal name of every shareholder or member;
7) Address of every shareholder or
				member;
8) Telephone number of
				every shareholder or member;
9)
				Date of death of the shareholder or member;
10) Brief statement requesting extension;
				and
11) Notarized signature of
				authorized company representative.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart E - LICENSE EXTENSIONS › Section 1480.146 - Exception to Revocation of an Extended License

Current through Register Vol. 48, No. 28, July 12, 2024
In case of death of a person licensed individually, the
				  license will not automatically be revoked at the end of the 120-day period if
				  the immediate family member of the person licensed individually applies for a
				  transfer of the repossession agency license in accordance with the Act and this
				  Part within the 120-day period. For partnerships, corporations and limited
				  liability companies, the license will not automatically be revoked at the end
				  of the 90-day period if the partnership, corporation or limited liability
				  company applies for a transfer of the repossession agency license in accordance
				  with the Act and this Part within the 90-day period. The corporation, limited
				  liability company, immediate family member of the person individually licensed
				  or partnership may continue to operate under the repossession agency license
				  until a final decision granting or denying the transfer is issued or the 90-day
				  period to complete the transfer application process and fulfill all the fitness
				  standards expires, whichever comes first.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart F - REGISTRATION OF PERSONNEL › Section 1480.150 - Registration Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Repossession agencies shall register all recovery managers and persons engaged
				in actual repossession with the Commission. Registration shall be completed on
				forms and contain the information prescribed by the Commission. Incomplete or
				incorrect registration forms shall be refused or rejected by the
				Commission.
b) Registrations shall
				not be effective until accepted by the Commission.
c) No repossession agency shall issue an
				employee identification card until a registration for that employee or intern
				has been accepted by the Commission.
d) Registrations shall indicate, for every
				person being registered as an employee or intern who will perform actual
				repossessions by driving away collateral, or towing collateral by a tow truck,
				or both, on behalf of the licensed repossession agency, whether the person
				being registered holds a valid state driver's license or restricted driving
				permit. The Commission shall not accept a registration when the registration
				indicates that the person being registered as an employee or intern will
				perform actual repossessions by driving away or driving a tow truck to tow away
				collateral, or both, without a valid state driver's license or restricted
				driving permit.
e) Once a person is
				registered with the Commission, the registration shall be updated by filing a
				form containing the information prescribed by the Commission to effect any
				changes to the registration.
f) If
				a registered person's license or recovery permit is summarily suspended, the
				Commission shall notify the license or permit holder and any repossession
				agency with which that person is registered.
g) Registrations for temporary, licensed
				recovery managers shall indicate the specific period of time during which the
				temporary, licensed recovery manager will serve as a recovery manager in
				control or management of the repossession agency main office or branch office.
				A temporary, licensed recovery manager may only be registered as such for a
				period of 30 days, at the end of which the registration will expire. The
				registration of the licensed recovery manager who is being temporarily replaced
				need not be cancelled when the licensed recovery manager temporarily ceases
				control and management of the repossession agency main office or branch
				office.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart G - APPROVAL OF CERTIFICATION PROGRAMS › Section 1480.160 - Applications for Commission Approval of Recovery Manager Certification Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for Commission approval of a recovery manager certification
				program shall be filed on forms and contain information prescribed by the
				Commission. Incomplete or incorrect applications shall be refused or rejected
				by the Commission.
b) Applications
				for Commission approval of a recovery manager certification program shall be
				accompanied by an application fee.
c) The Commission shall approve by resolution
				any recovery manager certification program it deems consistent with the
				purposes of the Act.
d) At a
				minimum, the certification program shall include training in the following
				areas:
1) The Act;
2) This Part;
3) Illinois criminal law relating to crimes
				against persons or property;
4)
				Recovery of collateral;
5)
				Recordkeeping; and
6) Ethical and
				professional conduct.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart G - APPROVAL OF CERTIFICATION PROGRAMS › Section 1480.170 - Applications for Commission Approval of Repossession Agency Employee Certification Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applications for Commission approval of a repossession agency employee
				certification program shall be filed on forms and contain the information
				prescribed by the Commission. Incomplete or incorrect applications shall be
				refused or rejected by the Commission.
b) Applications for Commission approval of a
				repossession agency employee certification program shall be accompanied by an
				application fee.
c) The Commission
				shall approve by resolution any repossession agency employee certification
				program it deems consistent with the purposes of the Act.
d) At a minimum, the certification program
				shall include training in the following areas:
1) The Act;
2) This Part;
3) Illinois criminal law relating to crimes
				against persons or property;
4)
				Recovery of collateral;
5)
				Recordkeeping; and
6) Ethical and
				professional conduct.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart H - RECOVERY TICKETS › Section 1480.180 - Generally

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recovery tickets
				shall be completed on forms and contain the information prescribed by the
				Commission.
b) Recovery tickets
				shall remain attached to the repossessed collateral until any of the following
				occur:
1) Collateral is returned to the
				debtor;
2) Collateral is returned
				to the lien holder; or
3)
				Collateral is sold.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart I - BOOKS AND RECORDS › Section 1480.190 - Accounting and Maintenance of Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each repossession agency shall comply with
				generally accepted accounting principles for use in the keeping and recording
				of their accounts and bookkeeping records.
b) As generally accepted accounting
				standards, the Commission incorporates by reference "Generally Accepted
				Accounting Principles" of the Financial Accounting Standards Board (July 1,
				2009, no later amendments or editions included).
Financial Accounting Standards Board
401 Merritt 7
P. O. Box 5116
Norwalk, Connecticut 06856-5116
Telephone: 203-847-0700
c) The books referred to in this Subpart
				include not only books of account in a limited technical sense but all other
				correspondence, memoranda, etc., that will be useful in developing the history
				of or facts regarding any transaction.
d) Each repossession agency shall preserve
				the books, accounts, records or memoranda for a period of at least 2
				years.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart I - BOOKS AND RECORDS › Section 1480.200 - Audit and Inspection of Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each repossession agency shall permit
				Commission staff to inspect, examine and audit by producing, upon demand, all
				accounts, books, records, memoranda, other papers and electronic data in the
				possession or control of the repossession agency to determine whether
				provisions of the Act or this Part have been violated.
b) Commission staff shall have the power, at
				any and all times, to examine, audit or demand production of all accounts,
				books, records, memoranda, other papers and electronic data in the possession
				or control of any other person to determine whether provisions of the Act or
				this Part have been violated.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart I - BOOKS AND RECORDS › Section 1480.210 - Annual Report Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Each repossession agency shall complete and file with the
				  Commission not later than May 15 of each calendar year an annual report for the
				  preceding calendar year. The annual report shall be made on forms and contain
				  the information prescribed by the Commission. Incomplete or incorrect annual
				  reports shall be refused or rejected by the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart J - INSURANCE › Section 1480.220 - Licenses Conditioned upon Compliance with Insurance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A license or registration issued to a repossession agency,
				  branch office or remote storage location by the Commission has force and effect
				  only while the license holder is in compliance with the requirements for the
				  filing of proof of insurance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart J - INSURANCE › Section 1480.230 - Proof of Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Proof of insurance or cancellation shall be filed on forms
				  containing the information prescribed by the Commission. The filing of proof of
				  insurance shall constitute acceptance of the minimum terms required by Section
				  90 of the Act. The coverage shall remain in effect until the coverage expires,
				  a cancellation form is filed with the Commission or the coverage is superseded
				  by filing a subsequent certification of insurance. The Commission shall receive
				  notice of cancellation no later than the effective date of cancellation of the
				  policy.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart K - INVENTORY OF PROPERTY › Section 1480.240 - Notification to the Debtor

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 5 working days after repossession, a licensed repossession agency must
				give written notice to the debtor of the whereabouts of personal effects or
				property not covered by a security agreement inventoried pursuant to Section
				110 of the Act [225 ILCS
				422/110 ], on a form containing the information
				prescribed by the Commission or in the form of a letter. Each notification form
				shall be approved by a licensed recovery manager authorized to work for the
				licensed repossession agency. If the licensed repossession agency submits the
				written notice in the form of a letter, the letter shall provide, at minimum,
				the following information:
1) The full legal
				name of the licensed repossession agency as it appears on its repossession
				agency license issued by the Commission or, if applicable, an authorized trade
				name as it appears on its repossession agency license;
2) The licensed repossession agency's license
				number;
3) Date of the
				repossession;
4) Date of the
				notice;
5) Description of the
				collateral repossessed;
6) The
				address and phone number of the location where the debtor can come to claim any
				personal property in the licensed repossession agency's possession;
7) The signature of a licensed recovery
				manager; and
8) The signing
				licensed recovery manager's license number.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart L - POSTING OF SIGNS › Section 1480.250 - Posting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Signs meeting specifications listed in this Section shall be posted on each
				repossession agency's main office and branch office.
b) Each sign must contain the repossession
				agency's:
1) Full legal name as it appears on
				the repossession agency's license;
2) Business address;
3) Business phone number; and
4) Hours of operation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.260 - Security of Secured Storage Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each secured storage facility shall be a
				secure building or have a perimeter that is secured by a fence with locking
				gates that make the area not accessible to the public and prevent unauthorized
				access to repossessed collateral or personal property. All gates shall remain
				locked at all times but may be temporarily opened to allow for authorized
				access.
b) Only the following
				individuals shall have access to repossessed collateral and personal property
				while it is being stored by the repossession agency:
1) Persons employed by the repossession
				agency and agents of the repossession agency;
2) Other persons lawfully entitled to access
				to repossessed collateral or to the secured storage facility; and
3) Collateral owners or agents of collateral
				owners while either:
A) Accompanied by an
				employee or agent of the repossession agency; or
B) Under electronic surveillance by an
				employee or agent of the repossession agency.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.270 - Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
The licensed repossession agency must own, or have exclusive
				  possession of under a written lease with a term of at least 1 year, a main
				  office and, if applicable, branch offices, with secured storage facilities. At
				  the time of filing an application for licensure, the following shall be
				  provided:
a) If the property is owned,
				proof of ownership of the property, including but not limited to mortgage
				documents, tax bill or a deed; or
b) If the property is leased, a copy of a
				valid written lease with a term of 1 year.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.280 - Identification of Offices and Secured Storage Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
A repossession agency's main office and each branch office
				  with a secured storage facility shall be identified as a property of the
				  repossession agency by one or more signs meeting the specifications of Section
				  1480.250.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.290 - Maintenance of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records of all repossessed collateral and personal effects or
				  other property not covered by a security agreement in the possession of a
				  repossession agency as a result of a repossession shall be kept and maintained
				  at a repossession agency office located on the same premises as the secured
				  storage facility where the collateral or personal effects or other property not
				  covered by a security agreement is stored. Records must be made available for
				  inspection by Commission staff.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.300 - Storage of Non-Collateral Property

Current through Register Vol. 48, No. 28, July 12, 2024
Any personal effects or other property not covered by a
				  security agreement in possession of a repossession agency as a result of a
				  repossession shall be stored in a secure manner at a main office or a branch
				  office with a secured storage facility.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart M - REPOSSESSION AGENCY MAIN OFFICE AND BRANCH OFFICES WITH SECURED STORAGE FACILITIES › Section 1480.310 - Compliance Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
A compliance inspection shall be conducted by Commission
				  staff prior to issuance of a license. The inspection shall include, but not be
				  limited to, a review of:
a) Physical
				characteristics of the secured storage facility, including but not limited to
				the size, location and overall condition of the facility;
b) Types of repossessed collateral and
				personal property stored;
c) Proper
				storage of repossessed collateral and personal property;
d) Proper posting of signs;
e) Method of protection from fire;
f) Method of protection from theft or
				burglary;
g) Method of protection
				from potential damage to the stored repossessed collateral and personal
				property by vermin, insects or water;
h) Proper documentation of the repossessed
				collateral being stored; and
i)
				Proper inventory of personal property removed from repossessed
				collateral.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.320 - Registering Remote Storage Locations

Current through Register Vol. 48, No. 28, July 12, 2024
A repossession agency shall register all remote storage
				  locations with the Commission on forms containing the information prescribed by
				  the Commission. Incomplete or incorrect forms shall be refused or rejected by
				  the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.330 - Security of the Remote Storage Locations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each remote storage location shall be a
				secure building or have a perimeter that is secured by a fence with locking
				gates that make the area not accessible to the public and prevent unauthorized
				access to repossessed collateral. All gates shall remain locked at all times
				but may be temporarily opened to allow for authorized access.
b) Only persons employed by the repossession
				agency and agents of the repossession agency shall have access to repossessed
				collateral while it is being stored by the repossession agency at a remote
				storage location.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.340 - Ownership of the Remote Storage Locations

Current through Register Vol. 48, No. 28, July 12, 2024
The licensed repossession agency must own, or have exclusive
				  possession of under a written lease with a term of at least 1 year, a remote
				  storage location. At the time of filing an application for registration, the
				  following shall be provided:
a) If the
				property is owned, proof of ownership of the property, including but not
				limited to mortgage documents, tax bill or a deed; or
b) If the property is leased, a copy of a
				valid written lease with a term of at least 1 year.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.350 - Location and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each remote storage location shall be located in a commercially zoned area
				physically located in Illinois.
b)
				Each remote storage location shall be utilized solely to store repossessed
				collateral.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.370 - Maintenance of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records of all repossessed collateral located at remote
				  storage locations must be kept and maintained at the nearest branch office or
				  main office and made available for inspection by authorized Commission
				  staff.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart N - REMOTE STORAGE LOCATIONS › Section 1480.380 - Compliance Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
A compliance inspection shall be conducted by the Commission
				  staff prior to issuance of a registration. The inspection shall include, but
				  not be limited to, a review of:
a)
				Physical characteristics of the remote storage location, including but not
				limited to the size, location and overall condition of the remote
				storage;
b) Types of repossessed
				collateral stored;
c) Proper
				storage of repossessed collateral;
d) Method of protection from fire;
e) Method of protection from theft or
				burglary;
f) Method of protection
				from potential damage to the stored repossessed collateral by vermin, insects
				or water; and
g) Proper
				documentation of the repossessed collateral being stored.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart O - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINARY ACTIONS › Section 1480.390 - Disciplinary Actions with Respect to Repossession Agency License Holders

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission may revoke or may suspend, place on probation,
				  or take any other disciplinary action that is consistent with the Act, with
				  regard to any repossession agency license holder if the license holder, or the
				  sole proprietor if the license holder is a sole proprietorship, any partner of
				  the license holder that is a partnership, any officer of the license holder
				  that is a corporation, or any member of the license holder that is a limited
				  liability company has been convicted of any crime under the laws of the United
				  States or any state or territory of the United States that is a felony, a
				  misdemeanor an essential element of which is dishonesty, or a crime related to
				  the practice of the profession. [225 ILCS
				  422/80 ]
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart O - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINARY ACTIONS › Section 1480.391 - Suspension or Revocation of Remote Storage Location Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission may suspend, revoke or take any other
				  disciplinary action consistent with the Act with respect to any holder of a
				  remote storage location registration for failure to file proof of insurance or
				  any other violation of the Act or this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart O - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINARY ACTIONS › Section 1480.392 - Special Revocation Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall serve, by first-class
				United States Mail at the mailing address of record with the Commission, notice
				upon a license, permit or registration holder who failed to:
1) Pay a franchise tax, license fee or
				penalty or comply with any other requirements under the Business Corporation
				Act of 1983 [805 ILCS 5 ], the Limited Liability Company Act [805 ILCS 180 ],
				the Uniform Partnership Act (1997) [805 ILCS 206 ] and Uniform Limited
				Partnership Act (2001) [805 ILCS 215 ], causing the business entity to become
				dissolved or declared not in good standing or its assumed name to become
				inactive with the Illinois Secretary of State.
2) Comply with Commission regulations and
				orders regarding the filing of proof of insurance and annual reports and the
				payment of penalties or fines.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart O - SUSPENSIONS, REVOCATIONS AND OTHER DISCIPLINARY ACTIONS › Section 1480.393 - Consideration of Past Crimes in Disciplinary Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
When considering the suspension or revocation of a license or
				  recovery permit on the grounds of conviction of a crime, the Commission, in
				  evaluating the rehabilitation of the applicant and the applicant's present
				  eligibility for a license or recovery permit, shall consider each of the
				  following criteria:
a) The nature and
				severity of the act or offense.
b)
				The license holder's or recovery permit holder's criminal record in its
				entirety.
c) The amount of time
				that has lapsed since the commission of the act or offense.
d) Whether the license holder or recovery
				permit holder has complied with any terms of parole, probation, restitution, or
				any other sanctions lawfully imposed against him or her as of the date of the
				hearing, as evidenced by:
1) Satisfactory
				termination of the license or recovery permit holder's sentence;
2) License or recovery permit holder's
				compliance with all requirements and conditions of parole, probation,
				conditional discharge, term of imprisonment or any other lawfully imposed
				sentence;
3) License or recovery
				permit holder's compliance with paying any fees, fines, court costs or
				restitution imposed by the court as part of the sentence.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart Q - LIABILITY OF REPOSSESSION AGENCY › Section 1480.410 - Responsibility and Liability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The repossession agency shall be responsible and liable for all operations
				under the authority of its license and for supervision and control of all
				equipment and personnel used in its operations.
b) The repossession agency shall be
				responsible and liable for acts of its personnel under the authority of its
				license, regardless of the employee or independent contractor
				classifications.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart R - REQUIRED NOTIFICATIONS › Section 1480.415 - Notification to Law Enforcement Prior to Repossession

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to a repossession, the licensed
				repossession agency or repossession agency employee shall notify the
				appropriate law enforcement agency located in the jurisdiction in which the
				licensed repossession agency or repossession agency employee plans to perform
				the repossession. [225 ILCS
				422/105 ]
b) The following information shall be
				provided as part of the notification:
1) Name
				of the repossession agency;
2)
				License number of the repossession agency;
3) Color, make, model, vehicle identification
				number (VIN) if applicable, serial number if applicable, and a general
				description of collateral to be repossessed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart R - REQUIRED NOTIFICATIONS › Section 1480.416 - Notification to Law Enforcement Following Repossession

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 minutes after the completion of
				the repossession, the licensed repossession agency or repossession agency
				employee must notify the appropriate law enforcement agency that the
				repossession has occurred within its jurisdiction. [225 ILCS
				422/105 ]
b) The following information shall be
				provided as part of the notification:
1) Name
				of the repossession agency;
2)
				License number of the repossession agency;
3) Color, make, model, vehicle identification
				number (VIN) if applicable, serial number if applicable, and a general
				description of collateral repossessed;
4) Date and time the repossession was
				completed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart R - REQUIRED NOTIFICATIONS › Section 1480.417 - Record of Notifications Made to Law Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Repossession agencies must maintain
				records documenting the notifications made to law enforcement.
b) The records shall include:
1) Date and time of each
				notification;
2) Law enforcement
				agency notified;
3) All of the
				information required to be provided pursuant to Sections
				1480.415
				and
				1480.416.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart S - ENFORCEMENT › Section 1480.430 - Enforcement Proceedings and Imposition of Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
When the Commission has reason to believe that a person has
				  committed a violation of the Act or this Part, it may conduct an operating
				  practices proceeding to impose sanctions including, but not limited to, the
				  suspension or revocation of the respondent's license, recovery permit or
				  registration, the assessment of civil penalties, or a combination of sanctions
				  consistent with the Act. In deciding whether to conduct an operating practices
				  proceeding, the Commission will consider, among other factors, the severity of
				  the offense and the probability of guilt.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart S - ENFORCEMENT › Section 1480.450 - Initiation of Operating Practices Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) An operating practices proceeding shall be
				initiated by Commission staff through the issuance of a Complaint that shall
				set forth the alleged violations of the Act. The Complaint and any notice in
				the subsequent proceedingsmaybe servedby personal delivery on the respondent,
				or by registered or certified mail to the address last specified by the
				respondent in the last notification to the Commission. [225 ILCS
				422/140 ]
b) The respondent shall have 30 days from the
				date of service of the Complaint to file a verified responsive pleading with
				the Commission. Failure to respond within the specified time shall result in
				the matter being set for hearing. Notice of the time, date and place for the
				hearing shall be served to the respondent at least 30 days before the date set
				for the hearing. The written responsive pleading shall be served by personal
				delivery, certified delivery, or certified or registered mail to the
				Commission. [225 ILCS
				422/140 ]
c) At the time and place fixed in the notice,
				the Commission shall proceed to hear the charges and the parties or their
				counsel shall be accorded ample opportunity to present such statements,
				testimony, evidence, and argument as may be pertinent to the charges or to the
				defense thereto. The Commission may continue such hearing from time to time. At
				the discretion of the Commission, the respondent's license, registration or
				recovery permit may be suspended or revoked, if the evidence constitutes
				sufficient grounds for such action under the Act. [225 ILCS 422/140]
d) All matters set for hearing as a result of
				this Section shall be conducted in accordance with the Act and the Commission's
				Rules of Practice (83 Ill. Adm. Code 200). The Commission's Rules of Practice
				shall be utilized in addition to, but not in lieu of, the provisions of the
				Act. In case of a conflict between the provisions of the Act and the
				Commission's Rules of Practice, the Act controls.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart S - ENFORCEMENT › Section 1480.460 - Failure to Appear at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Respondent's failure to appear at the hearing set for the
				  alleged violations at issue shall constitute a waiver of respondent's right to
				  appear to contest the alleged violations. The Administrative Law Judge shall
				  find a respondent that fails to appear at hearing in default.