Illinois Administrative Code

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 120.10 Minimum Requirements for Office Records − Community Currency Exchanges Every licensed location must maintain the following records in any medium or format that accurately reproduces original documents or papers: a) Daily cash sheets (see Section 120.30) for the pre…

Section 120.100 Postdated Checks (Repealed) (Source: Repealed at 40 Ill. Reg. 9167, effective August 1, 2016)

Section 120.110 Timely Deposits Each check, draft, money order, or other evidence of money cashed by a licensee shall be deposited or transmitted for deposit within the ordinary course of business no later than the following business day after the instrument has been cashed. A de…

Section 120.120 Food Stamps Account (Repealed) (Source: Repealed at 9 Ill. Reg. 1358, effective January 17, 1985)

Section 120.125 Supplemental Nutrition Assistance Program Licensees shall comply with all applicable regulations promulgated by the Secretary of the Illinois Department of Human Services and the Secretary of the United States Department of Agriculture regarding distribution of Su…

Section 120.130 Reconciling Accounts Each licensee must reconcile all Currency Exchange Accounts with the appropriate accounting records at least once each month. (Source: Amended at 9 Ill. Reg. 1358, effective January 17, 1985)

Section 120.140 Reference Material Each licensed location will ensure its employees have access to an electronic or physical copy of the Act and its implementing rules and regulations at all times. (Source: Amended at 45 Ill. Reg. 9947, effective July 26, 2021)

Section 120.150 Annual Report Information Each licensee shall maintain all transaction records necessary to provide the information requested by the Department on its Annual report forms.

Section 120.160 Retention of Records In addition to those records required to be retained by Section 17 of the Act, all cash sheets, consumer initiated transactions, and utility transmittal sheets, must be preserved for not less than three years. (Source: Amended at 45 Ill. Reg. …

Section 120.170 Physical Condition of Exchange Premises (Repealed) (Source: Repealed at 9 Ill. Reg. 1358, effective January 17, 1985)

Section 120.180 Display of Fee Schedules a) In the case of a community currency exchange, each licensed location must post, at all times, a complete, detailed and unambiguous schedule for all of its fees for the cashing of checks, money orders and other evidence of money; the sal…

Section 120.190 Continuity of Operations When a Community Currency Exchange intends to cease operations for two or more consecutive business days, written notice shall be sent to this office at least ten (10) days prior to said closing.

Section 120.20 Minimum Requirements for Office Records − Ambulatory Currency Exchanges Every licensed location must maintain the following records in any medium or format that accurately reproduces original documents or papers: a) Bank statements and itemized deposit slips. b) Mo…

Section 120.200 Out-of-Town Trips If a licensee will be going out of town and be unavailable for matters relating to the Currency Exchange, all books and records pertaining to the Currency Exchange must be available to the Department for examination purposes.

Section 120.210 Bribery and Gratuities No licensee, or employee of a licensee, may, directly or indirectly, give, offer or promise anything of value to any employee of the Department. (Source: Amended at 36 Ill. Reg. 13851, effective September 7, 2012)

Section 120.220 Conviction of Crime If any stockholder, director, officer, owner or partner of a community or ambulatory currency exchange is convicted of a crime under any law for which the crime was punishable by imprisonment in excess of one year under the law under which he o…

Section 120.230 Ambulatory License Application Every applicant for an ambulatory currency exchange license must specify in the application the location where the service will be provided on the premises, as well as the day, time and type of service to be provided. Permanent chang…

Section 120.240 Ambulatory Office Records The books and records pertaining to the business of an ambulatory licensee are to be available upon written request to representatives of the Department. The records are not to be moved from their permanent location unless the Secretary i…

Section 120.250 Sale of Capital Stock No sale, transfer or assignment of capital stock of a corporate licensee shall be made without first obtaining the consent and approval of the Secretary. Any person contemplating the acquisition of these shares of stock shall first apply for …

Section 120.260 Corporate Officers and Directors a) Controlling Persons of Licensees 1) The provisions of Sections 4 and 10 of the Act, relating to the qualifications of controlling persons of corporate licensees, shall apply to all officers and directors of corporate licensees w…

Section 120.270 Fines, Suspension, or Revocation of License a) The Director may impose any of the sanctions authorized by Section 15 of the Act if the Division finds that any community or ambulatory currency exchange has violated any of the requirements of the Act or this Part. b…

Section 120.280 Cease and Desist The Secretary may issue a cease and desist order to any currency exchange or other person doing business without the license required by Section 2 of the Act when, in the opinion of the Secretary, the currency exchange or other person is violating…

Section 120.290 Hearing Procedures All administrative hearings shall be conducted in accordance with 38 Ill. Adm. Code 100. (Source: Amended at 46 Ill. Reg. 12507, effective July 8, 2022)

Section 120.30 Cash Sheet a) A cash sheet must be prepared daily for each day's business reflecting all transactions for that day. A fiscal day may be used. All items on the cash sheet must be balanced at the end of the day or prior to the opening of the next days business. The c…

Section 120.40 Cashed Check Register a) A check register must be maintained for all checks, drafts, money orders or other evidence of money that the licensed location cashes. b) The check register must show for each instrument cashed: the maker, the payee, the date of the instrum…

Section 120.5 Definitions "Act" means the Currency Exchange Act [205 ILCS 405]. "Ambulatory Currency Exchange" means any person, firm, association, partnership, limited liability company or corporation, except banks organized under the laws of this State and national banks organi…

Section 120.50 Issued Money Order Register A money order register recording the date issued, money order number, amount and date paid, must be kept by each licensed location. This Section and all other provisions of this Part related to money orders apply to money orders sold und…

Section 120.60 Money Orders a) Paid money orders must be filed or searchable in numerical sequence. b) No licensee shall issue any money order, except in payment of an obligation incurred by the licensee in the usual course of its Currency Exchange business, without concurrently …

Section 120.70 Checks Written by Exchange All checks issued by the Currency Exchange must be made available at the time of examination to any authorized representative of the Department. (Source: Amended at 9 Ill. Reg. 1358, effective January 17, 1985)

Section 120.80 "NSF" Checks and Items for Collection No licensee shall cash or place for collection any check, draft, money order, or other evidence of money if it has reason to believe or if upon the exercise of reasonable prudence it would find that on the date it is delivered …

Section 120.90 Returned Items Record A currency exchange must maintain a trailing 12 log of all returned checks, drafts, money orders or other evidence of money. The log must include the maker, payee, check number, date of instrument, amount, reason for return, date of return, at…

Section 125.10 Authority This Part is issued by the Director of the Department of Financial Institutions (hereinafter referred to as the "Director") pursuant to Section 19.3 of "An Act in relation to the definitions, licensing and regulations of community currency exchanges and a…

Section 125.100 Hearing Procedure a) Authority of Director Pursuant to Section 125.30(f)(1) of this Part and the Administrative Procedure Act (Ill. Rev. Stat 1991, ch. 127., par. 1010-25), the Director or his designee shall oversee the maximum rate schedules hearings. Any designe…

Section 125.20 Purposes Pursuant to the authority set forth in Section 125.10 these Rules accomplish the following purposes: a) Establish the procedures and criteria to be followed by the Director in establishing maximum rate schedules for the cashing of checks and writing of mon…

Section 125.30 Procedure and Criteria for Rate Making a) Types of Rates to be Established by the Director The Director will establish maximum rate schedules for fees charged for check cashing and the issuance of money orders by community and ambulatory currency exchanges. Such sc…

Section 125.40 Procedure for Submission, Consideration and Disposition of Petitions Seeking the Promulgation, Amendment or Repeal of Part 125 a) Right to Petition Any interested person may petition the Director requesting the promulgation of a Rule or Rules of Practice and Proced…

Section 125.50 Form and Procedure for the Submission, Consideration and Disposition of Petitions Seeking an Increase of the Rates Set Forth in the Maximum Rate Schedule a) Right to Petition At least one-fourth of all community currency exchange licensees must join in a petition o…