Ill. Admin. Code tit. 92 § 1480.418

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

Section 1480.418 - Notification of Conviction to the Commission

a) The repossession agency must notify the Commission in writing of its conviction for 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 ]

b) The sole proprietor of a repossession agency that is a sole proprietorship, any partner of a repossession agency that is a partnership, any corporate officer of a repossession agency that is a corporation or any member of a repossession agency that is a limited liability company must notify the Commission in writing of his or her conviction for 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]

c) Any Class "MR" license holder, Class "E" recovery permit holder and Class "EE" recovery permit holder must notify the Commission in writing of his or her conviction for 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]

d) Upon notification and verification of a conviction for 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 ] of a Class "MR" license holder or a Class "E" or Class "EE" recovery permit holder, the Commission shall immediately suspend the respective license or recovery permit. The matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the license or permit holder is unfit to hold the license or recovery permit by reason of conviction.

e) Upon notification and verification of a conviction for 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] of the repossession agency 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, the Commission shall immediately suspend the repossession agency license. The matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the license holder is unfit to hold the license by reason of conviction.

f) Notification of conviction to the Commission shall be made on forms and contain the information prescribed by the Commission. Incomplete or incorrect notifications shall be refused or rejected by the Commission. Notification of convictions must be received by the Commission no later than 7 days after the entry of judgment of conviction. Notifications must be filed with the Commission's Transportation Division at the following address:

Illinois Commerce Commission

Transportation Division

527 East Capitol Avenue

Springfield, Illinois 62701

Ill. Admin. Code tit. 92, § 1480.418

Added at 38 Ill. Reg. 5821, effective March 14, 2014