Illinois Administrative Code

Section 100.190 Examination by Administrative Law Judge a) Any Administrative Law Judge may examine any witness. b) Any Party may object to specific questions asked by the ALJ.

Section 100.20 Hearing Fee Each Party that requests a Hearing pursuant to this Part shall pay a nonrefundable fee of $500, unless otherwise provided in an Applicable Act or in a rule adopted pursuant to an Applicable Act. The Director may waive the fee pursuant to this Section if…

Section 100.200 Burden of Proof a) The burden of proof rests with the Department in all cases except as provided in subsection (b) or as otherwise provided by law. b) The burden of proof rests with the Petitioner in the following circumstances, unless otherwise provided by law: 1…

Section 100.210 Documents a) Business records shall be admissible to the same extent they are admissible under the Illinois Administrative Procedure Act. b) Any Party may prove the admissibility of business records by presentation of a sworn statement by an individual responsible…

Section 100.220 Motions a) Motions will be made in writing, unless otherwise allowed by the Administrative Law Judge prior to or during the course of a Hearing. Written motions are limited to the following: 1) To request dismissal of an Administrative Decision for failure to stat…

Section 100.230 Evidence and Standard of Proof a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not admissible under those rul…

Section 100.240 Adverse Witness a) Any Party or witness may be called as an adverse witness. In such a case, examination of the witness will be allowed as if under cross-examination. b) Upon a showing that a witness was called in good faith, and that the Party calling the witness…

Section 100.250 Administrative Law Judge Reports and Orders of the Director a) In every contested case, except for defaults, the ALJ will file a written Report and Recommendation that contains Findings of Fact and Conclusions of Law with respect to the allegations contained in th…

Section 100.255 Confidentiality a) Any Party may use initials or other identifiers to refer to any individual in any filing in place of that person's name. The Party so doing shall provide to the opposing Party and that Party's counsel and to the Administrative Law Judge a docume…

Section 100.256 Record of Hearings a) The record of the Hearing in a contested case shall include: 1) All pleadings presented before the Administrative Law Judge (including petitions, answers, all prehearing and Hearing notices, and responses, admissions, stipulations of fact, mo…

Section 100.257 Costs of Hearing Petitioner shall pay any applicable Hearing fee and costs authorized by this Part, and all expenses required by applicable law, including the cost of court reporting and a transcript of proceedings. All other Hearing expenses shall be paid pro rat…

Section 100.260 Severability If any Section, subdivision, sentence, or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts thereof.

Section 100.270 Variances The Secretary or Director may grant variances from this Part in individual cases in which they find that: a) The provision from which the variance is granted is not statutorily mandated. b) No Party will be injured by the granting of the variance. c) The…

Section 100.30 Petition for Hearing a) A person or entity subject to an Administrative Decision may file a Petition for Hearing when the person or entity is entitled to a Hearing under the Applicable Act. A third-party person or entity that is not the subject of an Administrative…

Section 100.40 Joinder In the interest of the efficient disposition of related cases, the Department may join cases so long as the cases involve issues of law or fact that are common to the Parties. A Party may contest the decision to join cases by filing a motion.

Section 100.5 Applicability This part shall apply to all Hearings conducted by the Division pursuant to an Applicable Act under the jurisdiction of the Director.

Section 100.50 Form and Filing of Documents a) All documents filed or submitted to the Department in connection with a Hearing shall be typewritten on 8½ by 11-inch white paper or an electronic equivalent. The first page of each document shall set forth the names of the Parties a…

Section 100.60 Service a) Service of any document may be by mail or by personal delivery upon any person or entity. Service of any document may also be made by email on a Party's counsel of record or an unrepresented Party if one or more email addresses are provided pursuant to s…

Section 100.70 Notice of Preliminary Hearing a) The Notice of Preliminary Hearing shall include: 1) A statement of the time, place, and nature of the Preliminary Hearing; 2) A statement of the legal authority and jurisdiction under which the Preliminary Hearing is to be held; 3) …

Section 100.80 Negotiations and Agreed Dispositions a) The Department and the Petitioner may stipulate to facts and that stipulation may be used or otherwise admitted at the Hearing. b) The Department and the Petitioner may enter into a written agreement providing for disciplinar…

Section 100.90 Representation a) A Party may be represented by an attorney who is licensed in Illinois or by an attorney otherwise permitted by law to practice in the State. Attorneys who appear in a representative capacity must file a written notice of appearance setting forth: …

Section 110.1 Definitions "Act" means the Consumer Installment Loan Act [205 ILCS 670]. "Affiliate", for purposes of Section 1 of the Act, means any person or entity that directly or indirectly controls, is controlled by, or shares control with another person or entity. A person …

Section 110.10 Record Keeping a) Every licensee shall keep the following records at the licensed location in any medium or format that accurately reproduces original documents or papers: 1) Loan register. 2) Individual account records, including transaction histories of obligors.…

Section 110.100 Precomputed Loans a) A standard payment schedule is one under which a precomputed loan is repayable in substantially equal and consecutive weekly, biweekly, semimonthly, or monthly installments of principal and charges combined, and the first installment is due on…

Section 110.105 Delinquency or Default Charges a) Delinquency charges may be assessed and collected and added to the balance of the note, but interest shall not be collected on charge. b) Earned, but uncollected delinquency charges shall be recorded on the account record on the d…

Section 110.110 Hypothecation at the Time of the Sale of Obligor's Notes a) A licensee may pledge, hypothecate, or sell a note made under the provisions of the Act without the prior approval of the Director provided that said transaction is with another licensee under the Act, Sa…

Section 110.120 Legal Forms a) Submission to the Division 1) All forms of notes, security agreements or assignments of wages or other forms used in connection with the making of loans shall be submitted to the Division prior to the conduct of the business in the licensed location…

Section 110.130 Judgments a) When a note has been reduced to judgment, the face of the account record, in physical or digital form, shall show the amount and date of the judgment. When judgment is taken on a precomputed loan before maturity, the same rebate of interest is require…

Section 110.140 Sale of Security The following regulations shall be observed in the sale of security: a) The account record shall give the following information: 1) When possession of the security was obtained, and whether by voluntary or involuntary action. 2) Public or private …

Section 110.15 Application for License; Controlling Person a) An application for a license must be under oath and in the form the Director prescribes. The application shall contain the following: 1) The legal name of the applicant, including any other names the applicant does or …

Section 110.150 Trouble File (Repealed) (Source: Repealed at 47 Ill. Reg. 9271, effective June 20, 2023)

Section 110.155 Schedule of Fines a) The Department may assess fines on any licensee or unlicensed person or entity that violates, through any act or omission, any provision of the Act or this Part, and shall determine the amount of the fine pursuant to this Section: 1) Fine Sche…

Section 110.16 Positive Net Worth a) A licensee shall maintain a positive net worth of a minimum of $30,000 at all times. b) A licensee shall provide a year-end balance sheet demonstrating that it has maintained a positive net worth of $30,000 no later than March 31 of the next y…

Section 110.160 Lien Charges a) All official fees paid for the purpose of perfecting or releasing a security interest in property given as collateral for a loan may be collected by a licensee from the obligor. b) As a prerequisite for a loan, the licensee may require the prospect…

Section 110.170 Insurance and Other Products a) Licensees may provide insurances to the obligor provided the obligor has indicated in a specific, dated and separately signed statement that the obligor desires the insurance coverage. The purchase of any policy of insurance from or…

Section 110.180 Office and Office Hours Every licensee shall maintain a place of business or website to which the general public shall have free access and where all obligations entered into shall be payable. a) Except as provided in subsection (c), or otherwise authorized by the…

Section 110.190 Advertising a) Licensees shall not advertise "No co-makers required", "No endorsers required", "Signature only" loans, "Loans made on your plain note" or the like, unless the loans constitute at least 50% of all loans made by the licensee. b) Licensees shall not m…

Section 110.2 Rate Cap Disclosure Notices All loan contracts or agreements must include a separate disclosure signed by the consumer that states: "A lender shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of the amount finance…

Section 110.20 Loan Register a) The loan register shall contain the original entry and shall be a permanent record, and shall show for every loan the account number, date of loan, amount of loan, name of obligor, nature of security by types, amount of fees, cost and type of any i…

Section 110.200 Business Practices a) Unless otherwise authorized by the Act, no other business may be conducted at the licensed location unless authorized in writing by the Director. The Director’s authorization to conduct other businesses at the licensed location shall be refer…

Section 110.210 Examinations a) The Division may examine all records and investigate any or all transactions in the office of the licensee and shall charge the licensee $1,200 for each examiner day or portion of an examiner day. b) The examination of the books and records of the …

Section 110.215 Remittances a) Licensees shall forward all remittances to the Division, at any address designated by the Director. b) All fees and charges shall be remitted in the form deemed acceptable by the Department. (Source: Repealed at 46 Ill. Reg. 6519, effective August 1…

Section 110.216 Small Consumer Loans; Charges Permitted (Repealed) (Source: Repealed at 46 Ill. Reg. 6519, effective August 1, 2022)

Section 110.220 Credit Practices No licensee or agent of the licensee, while collecting or attempting to collect an alleged debt, shall engage in any of the following acts: a) Using or threatening to use force violence or physical harm to an obligor, their family or their propert…

Section 110.225 Verification of Amount Owing Upon written request by either the obligor or the obligor's appointed designee to obtain the amount owing to satisfy the loan in full, the licensee shall provide the following information in a form agreed to in the loan contract no lat…

Section 110.230 Wage Assignments a) A wage assignment may only be taken from any employed obligor. An "obligor", as the word is used in this Part, includes co-makers or sureties as well as the person actually receiving the money. Any wage assignment must comply with all applicabl…

Section 110.235 Relocation a) Whenever a licensee desires to change the licensed place of business to a location other than that set forth in the license and the proposed site is 15 miles or less from the current location, the licensee shall provide the Director with the followin…