Ill. Admin. Code tit. 50 § 4515.120

Current through Register Vol. 48, No. 33, August 16, 2024

Section 4515.120 - Certification Denial, Suspension, Nonrenewal, Probation, or Revocation

a) The Director may place on probation, suspend, revoke, or refuse to issue or renew a Navigator, In-Person Counselor or Certified Application Counselor's certificate or may levy a civil penalty in accordance with this Section or take any combination of actions, for any one or more of the following causes:

1) Providing incorrect, misleading, incomplete, or materially untrue information in the certificate application;

2) Violating any insurance law, or violating any administrative rule, subpoena, or order of the Director or of another state's insurance Director;

3) Obtaining or attempting to obtain a certificate through misrepresentation or fraud;

4) Obtaining or attempting to obtain any monies or property from Illinois consumers while conducting navigator business;

5) Intentionally misrepresenting the terms of an actual or proposed insurance contract;

6) Having been convicted of a felony, unless the individual demonstrates to the Director sufficient rehabilitation to warrant the public trust in accordance with Section 4515.140;

7) Having admitted or been found to have committed any insurance unfair trade practice or fraud;

8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this State or elsewhere;

9) Having a Navigator, In-Person Counselor or Certified Application Counselor certificate, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;

10) Forging a name to an application for insurance or a document related to an insurance transaction;

11) Failing to comply with an administrative or court order imposing a child support obligation;

12) Failing to pay Illinois state income tax or penalty or interest or comply with any administrative or court order directing payment of Illinois state income tax or failing to file a return or to pay any final assessment of any tax due to the Illinois Department of Revenue; or

13) Failing to make satisfactory repayment to the Illinois Student Assistance Commission for a delinquent or defaulted student loan.

b) If an action by the Director is to nonrenew, suspend, revoke, or deny a certificate or to place an applicant or certificate holder on probation, then the Director will notify the applicant or certificate holder and advise, in writing, the applicant or certificate holder of the reason for the suspension, revocation, denial, nonrenewal, or probation of the applicant's or certificate holder's certificate. The applicant or certificate holder may make written demand upon the Director within 30 days after the date of mailing for a hearing before the Director to determine the reasonableness of the Director's action. The hearing will be held within not fewer than 20 days nor more than 30 days after the mailing of the notice of hearing and will be held pursuant to 50 Ill. Adm. Code 2402.

c) In addition to, or instead of, any applicable denial, suspension or revocation, a person may be subject to a civil penalty of up to $10,000 for each cause for denial, suspension or revocation; however, the civil penalty may total no more than $100,000.

Ill. Admin. Code tit. 50, § 4515.120

Recodified from 3125.120 at 41 Ill. Reg. 4976.

Amended at 48 Ill. Reg. 12343, effective 8/1/2024