50 Ill. Adm. Code 4515.120
Certification Denial, Suspension, Nonrenewal, Probation, or Revocation
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.