Illinois Administrative Code

Section 381.30 Examination Consistency and Due Process To ensure consistency and due process, the Division will make every reasonable effort to adhere to the following standards of performance in conducting its examinations of banks. a) Guidelines 1) To supplement this Part, the …

Section 385.10 Applicability This Part shall apply to requests by Regulated Financial Institutions for reconsideration of Material Supervisory Determinations. The reconsideration process provides the management of these Regulated Financial Institutions with an informal procedure …

Section 385.20 Definitions "Assistant Commissioner" means the Assistant Commissioner of Banks and Real Estate, Bureau of Banks and Trust Companies. "Commissioner" means the Commissioner of Banks and Real Estate or a person authorized by the Commissioner, the Office of Banks and R…

Section 385.30 Request for Reconsideration A Regulated Financial Institution may submit a request for a reconsideration of a Material Supervisory Determination (request for reconsideration) with respect to any Material Supervisory Determination but it first should make a good fai…

Section 385.40 Form of Request for Reconsideration A written request for reconsideration shall: a) clearly state the Material Supervisory Determination submitted for reconsideration; b) provide all documents or other evidence and information that the Regulated Financial Instituti…

Section 385.50 Initial Reconsideration Review a) The appropriate Division Director shall consider the written request for reconsideration and all documents, evidence, and information submitted by the Regulated Financial Institution, provided that the documents, evidence, and info…

Section 385.60 Final Review a) If the Regulated Financial Institution disagrees with the Division Director’s written disposition of initial review or if the initial review is waived pursuant to Section 385.50(d), it may seek a final review before the Assistant Commissioner. b) An…

Section 385.70 Effect of Filing a Request A Material Supervisory Determination shall remain in effect while under review for reconsideration and until such time as it is either sustained, modified, or overturned. Any request for reconsideration shall not prevent the Commissioner …

Section 392.10 Hearings All administrative hearings shall be conducted in accordance with 38 Ill. Adm. Code. 100. (Source: Amended at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.100 Service (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.110 Appearances (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.120 Consolidation of Hearing Proceeding (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.130 Authority of Hearing Officer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.140 Prehearing Conferences (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.150 Subpoenas (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.160 Discovery (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.170 Evidence Depositions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.180 Conduct of a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.190 Evidence (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.20 Definitions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.200 Record of Hearing Proceedings (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.210 Briefs (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.220 Hearing Officer's Recommendation (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.230 Commissioner's Determination (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.240 Construction of Rules (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.30 Request for a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.40 Form of Request for a Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.50 Hearing Officer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.60 Notice of Hearing (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.70 Motions (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.80 Answer (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 392.90 Form of Pleadings (Repealed) (Source: Repealed at 46 Ill. Reg. 17971, effective October 27, 2022)

Section 397.10 Purpose This Part establishes the manner of assessing fees to fund the Corporate Fiduciary Receivership Account to the amount established by Section 5-10 of the Corporate Fiduciary Act and of replenishing the account following any disbursement. (Source: Amended at …

Section 397.20 Definitions "A" means the total number of corporate fiduciaries. "Account" means the Corporate Fiduciary Receivership Account. "Act" means the Corporate Fiduciary Act [205 ILCS 620]. "B" means the number of examiner days expended in the most recent examination of t…

Section 397.30 Quarterly Fee to Fund the Account a) Each corporate fiduciary will be assessed a quarterly fee of $200 until the balance of the account reaches the maximum amount established by Section 5-10 of the Act. b) Each Illinois trust company will be assessed an additional …

Section 397.40 Restoring the Account If expenditures are made from the Account, assessments under Section 397.30 will be continued or reinstituted until the balance in the Account is restored to the maximum amount established by Section 5-10 of the Act. (Source: Amended at 26 Ill…

Section 397.50 Alternate Fee Assessment to Avoid Excess Accumulation in Account Notwithstanding any other Section of this Part, if for any quarter, the balance of the Account is at a level that fees to be collected under Section 397.30(a) of this Part would cause the balance to e…

Section 398.10 Pledging Requirements for Illinois Trust Companies a) Pursuant to Section 6-13.5 of the Act, each Illinois trust company holding a certificate of authority under Article II of the Act shall pledge to the Secretary a surety bond running to the Secretary or securitie…

Section 398.5 Definitions "Act" means the Corporate Fiduciary Act [205 ILCS 620/5]. "Department" means the Department of Financial and Professional Regulation. "Director" means the Director of the Division of Banking with the authority delegated by the Secretary. "Division" means…

Section 600.10 Definitions As used in this Part, the following terms are used as hereinafter defined unless the context requires a different meaning. The term "Act" means The Cemetery Care Act (Ill. Rev. Stat. 1983, ch. 21, pars. 64.1 et seq.). The term "Care Funds" is defined as…

Section 600.20 Agreement to be Entered into by an Investment Company Under Section 2 of the Act to be in Form Prescribed by the Comptroller An investment company desiring to enter into an agreement with the Comptroller as in Section 2 of the Act provided shall submit an applicati…

Section 600.30 Number of Copies – Signatures a) Four copies of the completed application, including exhibits and all other papers and documents filed as a part of the application, shall be filed with the Comptroller. b) At least one copy of every application shall be manually sig…

Section 600.40 Requirements as to Paper, Printing, and Language a) The application shall be filed on good quality, unglazed, white paper 8½ by 13 inches in size, insofar as practicable. Exhibits may be on paper of a different size if the applicant so desires. b) The application a…

Section 610.10 Statutory Authority a) Form and Review of Pre-Need Contracts. 1) All pre-need contracts must be in writing. Any use or attempted use of any oral pre-need contract or any written pre-need contract in a form that does not meet the requirements of the Illinois Funeral…

Section 610.20 Application This Part applies to any Seller of pre-need contracts sold in this State as provided in the Illinois Funeral or Burial Funds Act.

Section 610.30 Definitions For the purposes of this Part, the following definitions shall apply: "Act", the Illinois Funeral or Burial Funds Act [225 ILCS 45]. "Contract Beneficiary", the person specified in the pre-need contract upon whose death funeral services or merchandise s…

Section 610.40 Classification of Pre-Need Contract by Funding Methods a) For the purposes of this Part, pre-need contracts shall be classified as follows: 1) Pre-need contracts funded by trust deposits. 2) Pre-need contracts funded by life insurance or a tax-deferred annuity. b) …

Section 610.50 Requirements for all Pre-Need Contracts a) Pre-need contracts required to be filed with the Comptroller must meet the criteria set forth in this Section. All pre-need contracts submitted between January 1, 1994 and July 3, 1996 shall be deemed to have been submitte…

Section 610.60 Trust Investment in Life Insurance or Annuities a) A Trustee of a trust account shall not invest trust funds in life insurance policies or tax deferred annuities unless the following requirements are met: 1) The company issuing the life insurance policies or tax-de…

Section 610.70 Requirements for Pre-Need Booklet After the adoption of a rule prescribing a pre-need booklet, no pre-need contract may be sold in this State unless it is accompanied by a booklet that contains the following requirements: a) Requirements for pre-need contracts as s…