Illinois Administrative Code

Section 200.414 Special Appearance (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.416 Substitution of Parties (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.418 Failure to Appear (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.420 Motions (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.422 Requirements Relating to Continuances (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.424 Rules of Evidence (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.425 Standard of Proof (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.426 Form of Papers (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.428 Bill of Particulars (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.430 Discovery (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.432 Examination of Witnesses (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.434 Subpoenas (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.436 Pre-Hearing Conferences (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.438 Record of a Pre-Hearing Conference (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.440 Hearings (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.442 Record of Proceedings (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.444 Record of Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.446 Orders (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.448 Stipulations (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.450 Open Hearings (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 200.452 Corrections to the Transcript (Repealed) (Source: Repealed at 46 Ill. Reg. 12554, effective July 8, 2022)

Section 205.10 Average Daily Money Transmission "Average daily money transmission liability" shall be calculated by taking the amount of the licensee's outstanding money transmission obligations in this State at the end of each day in a given period of time, added together, and d…

Section 205.20 Authorized Delegates a) A licensee shall report to the Secretary, on a quarterly basis, the addition, removal or termination of operations of an authorized delegate location on forms presented by the Secretary. b) A licensee must provide a copy of the written contr…

Section 205.30 Examinations Examination Reports a) The following definitions apply to this Section. 1) "Safety and soundness examination" means an examination that includes, but is not limited to, a determination of the financial condition of the licensee based on generally accep…

Section 205.35 Fees Fees shall be assessed as follows: a) Application Fee. For applying for a license, an application fee of $2,500 and a license fee of $0. b) Renewal Fee. For renewal of a license, a fee will be calculated based on the total dollar volume of transactions, includ…

Section 205.40 Enforcement If, after the opportunity for a hearing, the Secretary determines they had the authority to issue the suspension or revocation of a license or a cease and desist order, the Secretary may issue orders as may be reasonably necessary to correct, eliminate …

Section 205.5 Definitions "Authorized delegate" means a person a licensee designates to engage in money transmission on behalf of the licensee. [205 ILCS 658/2-1] The term "authorized delegate" includes an authorized seller pursuant to the Transmitters of Money Act. "Secretary" m…

Section 205.50 Reports/Documents a) Any reports or documents the Secretary may require from a licensee must be transmitted by mail or electronic format at the option of the Secretary. b) A licensee shall require and its authorized delegates must preserve for at least three years …

Section 205.60 Permissible Investments Digital currency shall not constitute a permissible investment. For the purposes of this Section, "digital currency" means a digital representation of value that: a) is used as a medium of exchange, unit of account, or store of value; and b)…

Section 207.100 Conformity With Transmitters of Money Act Rules All rules set forth in 38 Ill. Adm. Code 205 as amended from time to time shall apply to licensees, authorized delegates, and all persons and entities subject to the Uniform Money Transmission Modernization Act.

Section 207.105 Administration and Enforcement of the Act The Division and Director shall administer and enforce the Act on behalf of the Secretary of Financial and Professional Regulation. The provisions of the Financial Institutions Act [20 ILCS 1205] shall apply to licensees, …

Section 207.110 Cease and Desist Orders, Civil Penalty Orders and Administrative Penalty Orders a) The Secretary shall issue a formal written notice of the cease and desist order, civil penalty order, or administrative penalty order setting forth the specific reasons for the orde…

Section 207.50 Definitions The following definitions shall apply to this Part: "Department" means the Department of Financial and Professional Regulation. "Director" means Director of the Department of Financial and Professional Regulation − Division of Financial Institutions, th…

Section 210.1 Definitions "Act" means the Payday Loan Reform Act [815 ILCS 122]. "Affiliate" means any person or entity that directly or indirectly controls, is controlled by, or shares control with another person or entity. A person or entity has control over another if the pers…

Section 210.10 Minimum Requirements for Office Records 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 transacti…

Section 210.100 Legal Forms a) Submission to the Division 1) All forms of loan agreements, 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 business in the licensed lo…

Section 210.110 Judgments a) When a loan agreement has been reduced to judgment, the face of the account record shall show the amount and date of the judgment. b) All payments received shall be applied to the judgment balance and be properly identified. The rate of interest charg…

Section 210.120 Trouble File A separate and complete file shall be kept containing all records pertaining to judgments and sales. These records shall be filed alphabetically under the name of the consumer or by account number.

Section 210.125 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 the Act’s implementing regulations, and shall determine the amount of the fine pursuant to t…

Section 210.130 Office and Office Hours Every licensee shall maintain a place of business 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 Division, …

Section 210.140 Advertising a) Licensees shall not make reference in any form of advertising, such as newspapers, circulars, letters, radio, or other media, to "low rates", "lower rates", "lowest rates" or "lowest cost", nor shall licensees indicate, by direct or indirect means, …

Section 210.15 Application for Payday Lender License; Controlling Person a) An application for a license must be under oath in the form the Director prescribes and available on the agency's website. The Director may not issue a license unless and until the findings as set forth i…

Section 210.150 Other Business No other business, except one licensed by the Department, may be conducted within any office suite, room or place of business in which any other business is solicited or engaged in unless authorized in writing by the licensed location unless authori…

Section 210.16 Dual Licensure Limitation In accordance with Section 3-5(g) of the Act, a licensee may obtain a license under the Consumer Installment Loan Act (CILA) for the exclusive purpose and use of making title secured loans, as defined in Section 15(a) of CILA and governed …

Section 210.160 Examination Remittances a) Licensees shall forward all examination remittances, as provided in Section 3-5(e) of the Act, to the Division at any address designated by the Director. b) All fees and charges shall be remitted in the form of a check, draft or money or…

Section 210.170 General a) Notary fees shall not be charged to or collected from the consumer. b) Examination of Records 1) The Division may examine all records and investigate any or all transactions in the office of the licensee and shall charge the licensee $400 for each exami…

Section 210.180 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 Division with the followin…