Ill. Admin. Code tit. 92, § 1019.30 - Suspension and Revocation of Remittance Agents' Licenses
a) Pursuant to IVC Section 3-907, the
Department shall suspend a person's remittance agent's license under the
following circumstances:
1) he/she fails to
keep records as provided in IVC Section 3-910;
2) he/she fails to furnish information
requested by the Department or file a bond as required by IVC Section 3-905;
or
3) it is discovered that he/she
or a member of his/her immediate family is an employee of the Secretary of
State.
b) The suspension
shall remain in effect for 30 days during which an audit shall be conducted to
determine compliance with IVC Section 3-900. If he/she has come into
compliance, his/her remittance agent's license shall be restored. If the
remittance agent has not come into compliance, he/she shall have his/her
remittance agent privileges revoked.
c) A person shall have his/her remittance
agent's license revoked under the following circumstances:
1) he/she attempts to do business or does
business as a remittance agent while his/her privileges are
suspended;
2) he/she fails to remit
to the Department or the Illinois Department of Revenue the proper fees
required by IVC Section 3-906(4), or the check submitted is returned by the
bank because of insufficient funds, or the payment submitted electronically is
dishonored for any reason, and if he/she fails to submit the proper fees within
10 days after a written request by the Department;
3) he/she engages in a fraudulent activity or
forgery while operating as a remittance agent, as determined by the Department
after the investigation;
4) he/she
is guilty of violating any provision of IVC Chapter 2, 3 or 4 or the Use Tax
Act [ 35 ILCS 105 ] or the Service Occupation Tax Act [ 35 ILCS 115
];
5) he/she has been suspended 2
times or more in one year; or
6)
he/she has been convicted of any felony.
d) The Department shall consider written
complaints (i.e., family, friends, neighbors, business associates, customers,
other agencies, and auditors from the Department of Accounting Revenue) in
determining whether a remittance agent's license shall be suspended or revoked.
Upon receipt of a complaint, the Department of Police within the Office of the
Secretary of State shall investigate the matter to determine if a basis exists
under this Section for a suspension or revocation.
e) A revocation shall be for at least one
year. The remittance agent shall be notified by certified mail that his/her
license to operate as a remittance agent is going to be revoked. The notice
shall contain the effective date of the revocation, the violation that is the
cause of the revocation, and how he/she can contest the revocation. The
remittance agent shall be given 10 days from the date of the notice before the
revocation will become effective. In order to be reinstated following a
revocation, the person shall request an administrative hearing as provided in
92 Ill. Adm. Code Ch. II. The person's remittance agent license shall not be
restored until the Secretary is satisfied that he/she will comply with the
provisions of the Illinois Vehicle Title & Registration Law [ 625 ILCS 5
/Ch. 3, Art. IX] and is of good business integrity.
f) If a person wishes to contest the
suspension or revocation of his/her remittance agent's license, he/she shall
request an administrative hearing pursuant to IVC Section 3-907 and 92 Ill.
Adm. Code 1001.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.