Sec. 15-40. Suspension and revocation of license.

450 words·~2 min read·/il/chapter-240/act-40/15-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Director may suspend a license and take possession and control of all grain assets and equity assets (except that the Department may not take possession and control of any equity asset on which there is a valid prior perfected security interest or other valid prior perfected lien without the prior, written permission of the secured party or lien holder) of the suspended licensee if the Department has reason to believe that any of the following has occurred:

(1)A licensee has made a formal declaration of insolvency; failed to apply for license

renewal, leaving indebtedness to claimants; or been denied a license renewal, leaving indebtedness to claimants.

(2)A licensee has failed to pay a producer, on demand, for grain purchased from that

producer, assuming no bona fide dispute exists with regard to the payment.

(3)A licensee is otherwise unable to financially satisfy claimants in accordance with

any applicable statute, rule, or agreement, assuming a bona fide dispute does not exist between the licensee and the claimant.

(4)A licensee has violated any of the other provisions of this Code and the violation,

or the pattern of the violations, would create a substantial risk of failure.

(5)A licensee has failed to pay a penalty or post collateral or guarantees by the date

ordered by the Director.

(6)A licensee has failed to pay an assessment as required by Section 5-30.

(b)The Director may revoke a license if the Director finds, after an administrative hearing, that any of the grounds for suspension under item (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) of Section 15-40 have occurred.

(c)When a licensee voluntarily files for bankruptcy under the federal bankruptcy laws, that filing constitutes a revocation of the license of the licensee on the day that the filing occurs.

(d)When an order for relief is entered in reference to a licensee as a consequence of a petition for involuntary bankruptcy filed under the federal bankruptcy laws, that order constitutes a revocation of the license on the date of that order.

(e)Within 10 days after suspension of a license, an administrative hearing shall be commenced to determine whether the license shall be reinstated or revoked. Whenever an administrative hearing is scheduled, the licensee shall be served with written notice of the date, place, and time of the hearing at least 5 days before the hearing date. The notice may be served by personal service on the licensee or by mailing it by registered or certified mail, return receipt requested, to the licensee's place of business. The Director may, after a hearing, issue an order either revoking or reinstating the license.