Illinois Administrative Code

Section 2402.140 Authority of a Hearing Officer The Hearing Officer has the authority to conduct a hearing, take all necessary action to avoid delay, maintain order, and insure the development of clear and complete record. He shall have all powers necessary to conduct a hearing i…

Section 2402.150 Bias or Disqualification of Hearing Officer a) Any interested party may file a timely and sufficient affidavit setting forth allegations of personal bias, prejudice, or disqualification of a presiding Hearing Officer. The Director shall determine this issue as pa…

Section 2402.160 Prehearing Conferences a) Upon written notice by the Hearing Officer in any proceeding, or upon written request by any party, the Hearing Officer may direct parties or their Attorneys to appear at a specified time and place for a conference, prior to or during th…

Section 2402.170 Discovery a) The following discovery procedures shall be ordered by the Hearing Officer upon the written request of any party when necessary to expedite the proceedings, to ensure a clear or concise record, to ensure a fair opportunity to prepare for the hearing,…

Section 2402.180 Subpoenas a) Upon application to the Hearing Officer by any party, the Hearing Officer may issue a subpoena for attendance at deposition or hearing, which may include a command to produce books, papers, documents or tangible things designated in those materials a…

Section 2402.190 Conduct of the Hearing a) All hearings shall be public unless required by statute to be otherwise. Any person may submit written statements relevant to the subject matter of the hearing. Any person submitting such a statement shall be subject to cross-examination…

Section 2402.20 Applicability This Rule shall apply to all hearings conducted under the jurisdiction of the Director of Insurance.

Section 2402.200 Default Failure of a party to appear on the date set for hearing, or failure to proceed as ordered by the Hearing Officer, shall constitute a default. The Hearing Officer shall thereupon enter such Findings, Opinions, and Recommendations as is appropriate under t…

Section 2402.210 Evidence a) The Hearing Officer shall receive evidence which is admissible under the law of the rules of evidence of Illinois pertaining to civil actions. In addition, the Hearing Officer may receive material, relevant evidence, which would be relied upon by a re…

Section 2402.220 Official Notice Official notice may be taken of all facts of which judicial notice may be taken and of other facts, of a technical nature, within the specialized knowledge and experience of the Department.

Section 2402.230 Hostile Witnesses a) If the Hearing Officer determines that a witness is hostile or unwilling, he may be examined by the party calling him as if under cross-examination. b) The party calling an occurrence witness, upon the showing that he called the witness in go…

Section 2402.240 Transcription of Proceedings a) Oral proceeding at which evidence is presented shall be recorded either by a certified court reporter or a mechanical recording device, but need not be transcribed unless requested by a party, who shall pay for the transcription of…

Section 2402.250 Briefs The parties may submit written briefs to the Hearing Officer within ten days after the close of the hearing, or such other reasonable time as the Hearing Officer shall determine consistent with the Director's responsibility for expeditious decision.

Section 2402.260 Hearing Officer's Findings, Opinions, and Recommendations a) The Hearing Officer's Findings, Opinions, and Recommendations shall be in writing and shall include findings of fact and conclusions of law, or opinions separately stated when possible. Findings of Fact…

Section 2402.270 Order of the Director a) The Director of Insurance shall review the Hearing Officer's Findings, Opinions and Recommendations and shall issue an Order as set forth by applicable statutes or within a reasonable time. b) The decision in the case will become effectiv…

Section 2402.280 Rehearings a) Except as otherwise provided by law, and for good cause shown, the Director may in his discretion, order a rehearing in a contested case on petition of an interested party. b) Where the record of testimony made at the hearing is found by the Directo…

Section 2402.290 Ex Parte Contacts a) Except as to such matters which by law are subject to disposition on an ex parte basis, the Hearing Officer, any employee (or superior thereof) of the Department Division involved in the hearing, and any party to a hearing shall not make an u…

Section 2402.295 Cancellation/Non-Renewal Hearing a) Any Section of this Part to the contrary notwithstanding, the procedures set out in this Section shall apply for all hearings conducted on the cancellation/non-renewal of an insurance policy pursuant to Section 143.23 of the Il…

Section 2402.30 Definitions "Department" means the Department of Insurance and the staff and employees of the Department. "Director" means the Director of the Illinois Department of Insurance. "Hearing" means any hearing authorized by the Illinois Insurance Code. "Hearing Officer…

Section 2402.300 Existing Statutory or Department Procedures and Practices This Rule shall not be construed to limit or repeal additional requirements imposed by Statute or otherwise, nor to charge existing Department procedures which are equivalent to or exceed the standards of …

Section 2402.40 Filing a) Documents and requests permitted or required to be filed with the Department in connection with a hearing shall be addressed to and mailed to or filed in person with the Department of Insurance, 320 W. Washington Street, Springfield IL 62767, or 115 S. L…

Section 2402.50 Form of Documents a) Documents shall clearly show the file Hearing Number and the title of the proceedings in connection with which they are filed. b) Except as otherwise provided, 2 copies of all documents including notices, motions, and petitions, shall be filed…

Section 2402.60 Computation of Time a) Computation of any period of time prescribed by this rule shall begin with the first business day following the day on which the act, event or development initiating such period of time occurs, and shall run until the end of the last day, or…

Section 2402.70 Appearances a) Any person entitled to participate in proceedings may appear as follows: 1) A natural person may appear on his or her own behalf or by an attorney at law licensed to practice in the State of Illinois, or both. 2) A business, nonprofit or government …

Section 2402.80 Notice of Hearing All administrative hearings shall be initiated by the issuance by the Department of a written Notice of Hearing, which shall be served upon all known parties to the Hearing, and which shall clearly state facts which inform the Respondent of the p…

Section 2402.90 Service of the Notice of Hearing Service shall be complete when the Notice of Hearing is served in person or deposited in the United States mail, postage prepaid, registered or certified, addressed to the last known address of the persons, partnerships, associatio…

Section 2403.10 Purpose The purpose of this Part is to establish standards for review of producer licenses or license applications with respect to those producers who have been convicted of a felony.

Section 2403.20 Applicability This Part applies to all applicants for an Illinois insurance producer license and to all Illinois licensed insurance producers, regardless of residency.

Section 2403.30 Review Standards Section 500-70 of the Illinois Insurance Code allows the Director to place on probation, suspend, revoke, or refuse to issue an insurance producer's license, levy a civil penalty, or take any combination of the preceding actions when the producer …

Section 2405.10 Purpose The purpose of this Part is to set forth standards for an annual audit and report required of joint insurance pools operating pursuant to the authority granted under Section 6 of the Intergovernmental Cooperation Act [5 ILCS 220/6].

Section 2405.20 Definitions Director means the Director of the Illinois Department of Insurance. Independent Certified Public Accountant means an independent certified public accountant or independent accounting firm in good standing with the American Institute of Certified Publi…

Section 2405.30 Registration a) Each Pool operating prior to January 1, 1997 shall register with the Director within 60 days thereof. In addition, each Pool shall annually register with the Director no later than March 1st of each year. b) Each registration shall include: 1) Lega…

Section 2405.40 Financial Statements a) Each Pool shall, no later than 150 days after the end of its immediately preceding fiscal year, file with the Director audited Financial Statements, prepared in accordance with generally accepted accounting principles for Public Entity Risk…

Section 2410.10 Purpose The purpose of this Part is to implement Public Act 92-0075, which authorizes the Director to return any statutorily required deposit of securities to an insurance entity, in connection with the applicable administrative dissolution or withdrawal, where ne…

Section 2410.20 Applicability This Part is applicable to domestic stock; domestic mutual; reciprocal; assessment legal reserve life; mutual benefit association; burial society; a health maintenance organization (HMO); a limited health service organization (LHSO); or farm mutual, …

Section 2410.30 Exemption The requirements of this Part shall not apply to any duly appointed liquidator or receiver by order of a court of proper jurisdiction.

Section 2410.40 Definitions Administrative Dissolution means the voluntary surrender by an insurance entity of its Certificate of Authority and cancellation of its Articles of Incorporation by the Director of the Illinois Department of Insurance, resulting in termination of the i…

Section 2410.50 Initial Administrative Dissolution or Withdrawal Filing Requirements The following documents must be filed by the insurance entity with the Director in order to initiate the administrative dissolution process: a) A written request for dissolution; or, in the case …

Section 2410.60 Plan of Dissolution or Withdrawal of Statutory Deposit a) The Director must first approve the plan of dissolution before further action can be taken by the insurance entity to voluntarily dissolve. The Director shall consider the following elements: 1) The disposi…

Section 2410.70 Final Filing Requirements a) Once the plan of dissolution or withdrawal has been effectuated, the insurance entity shall submit the following documents to the Director: 1) Certification of the completion of such portions of the plan as may be reasonably expected, …

Section 2410.80 Administrative Dissolution Upon receipt of the documents identified in Section 2410.70(a) of this Part, the Director may cause an insurance entity to be administratively dissolved, except in the case of an HMO or LHSO.

Section 2500.10 Purpose This Part sets forth processes implementing assessment and payment of fees, taxes and other charges pursuant to Sections 408, 409, 410, 412, 444 and 444.1 of the Illinois Insurance Code [215 ILCS 5] and Section 12 of the Fire Investigation Act [425 ILCS 25…

Section 2500.100 Annual Privilege Tax a) The Department shall collect an annual privilege tax from companies that write certain types of insurance pursuant to Section 409 of the Code. b) The "aggregate income taxes paid", calculated pursuant to Section 409(2)(a), shall be reduced…

Section 2500.110 Annual Retaliatory Tax a) Pursuant to Section 444 of the Code, foreign and alien companies are required to pay a retaliatory tax in the amount of the difference between the sum of the state of incorporation's basis minus the sum of the State of Illinois' basis, i…

Section 2500.115 State Fire Marshal Tax The Annual State Fire Marshal Tax assessed by the Department pursuant to Section 12 of the Fire Investigation Act [425 ILCS 25] shall be 1% of a company's or other entity's taxable fire premium. "Taxable fire premium" means the gross fire, …

Section 2500.120 Overpayments and Amendments a) Pursuant to Section 412(1)(a) of the Code, persons and companies are only entitled to a refund or offset if the overpayment occurred during the 6 year period immediately preceding the discovery of the overpayment. The discovery of t…

Section 2500.130 Cash Refunds a) The written request for a cash refund must include the following information in addition to any other appropriate supporting documentation: 1) The company's name, including the company's FEIN; 2) The cash refund amount being requested; 3) A statem…

Section 2500.140 Transfer of Overpayments An overpayment may be transferred in whole or in part to another company upon written approval of the Director. The approval may be an adjustment invoice, letter of credit, or signed Notice of Transfer of Overpayment form. The company or …

Section 2500.20 Applicability (Repealed) (Source: Repealed at 44 Ill. Reg. 3419, effective February 24, 2020)

Section 2500.30 Severability (Repealed) (Source: Repealed at 44 Ill. Reg. 3419, effective February 24, 2020)