Ill. Admin. Code tit. 14 § 178.50

Current through Register Vol. 48, No. 45, November 8, 2024

Section 178.50 - Service of Process

a) For the purposes of Section 1-50 of the LLCA, the procedures set forth in this Section shall apply.

b) Any process, notice or demand to be served under this Part shall be made upon the Secretary, the Director, or any employee of the Department designated by the Director to accept such service for him or her, in the following manner:

1) Service shall comply with the provisions of Part 2 of the Civil Practice Law [735 ILCS 5/2 ], the Federal Rules of Civil Procedure (2B USCA), or any administrative rules of service, as may be appropriate.

2) The affidavit of compliance required by Section 1-50 and 45-55 of the LLCA to be appended to the process, notice or demand to be served, containing the information described in subsection (b) of this Section, shall be signed by the person instituting the action, suit or proceeding or by an attorney of record, and the signature of the affiant, without more, shall constitute the affirmation or acknowledgement, under penalties of perjury, that the affidavit is the act or deed of the affiant and that facts stated therein are true.

c) At the time of any service under this Part, there shall be paid a fee of $100, payable by check or money order to the "Illinois Secretary of State" or credit card. Each process, notice or demand shall be submitted with a separate payment.

d) The Department of Business Services shall maintain original file copies which shall be in paper form or an acceptable archival medium, and originals may be discarded upon verification of archival medium (microfilm or electronic imaging) and upon approval by the State Records Commission (see 5 ILCS 160/16) .

Ill. Admin. Code tit. 14, § 178.50

Amended at 21 Ill. Reg. 16178, effective December 1, 1997