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2005 Illinois Code - 205 ILCS 635/ Residential Mortgage License Act of 1987. Article IV - Supervision

(205 ILCS 635/Art. IV heading)
ARTICLE IV

SUPERVISION

(205 ILCS 635/4‑1) (from Ch. 17, par. 2324‑1)

Sec. 4‑1. Commissioner of Banks and Real Estate; functions, powers, and duties.

The functions,
powers, and duties of the Commissioner of Banks and Real Estate shall include the following:

(a) To issue or refuse to issue any license as provided by this Act;

(b) To revoke or suspend for cause any license issued under this Act;

(c) To keep records of all licenses issued under this Act;

(d) To receive, consider, investigate, and act upon complaints made by
any person in connection with any residential mortgage licensee in this State;

(e) To consider and act upon any recommendations from the Residential
Mortgage Board;

(f) To prescribe the forms of and receive:

(1) applications for licenses; and

(2) all reports and all books and records required

to be made by any licensee under this Act, including annual audited financial statements and annual reports of mortgage activity;

(g) To adopt rules and regulations necessary and proper for the
administration of this Act;

(h) To subpoena documents and witnesses and compel their attendance and
production, to administer oaths, and to require the production of any books,
papers, or other materials relevant to any inquiry authorized by this Act;

(h‑1)  To issue orders against any person, if the Commissioner has reasonable cause to believe that an unsafe, unsound, or unlawful practice has occurred, is occurring, or is about to occur, if any person has violated, is violating, or is about to violate any law, rule, or written agreement with the Commissioner, or for the purpose of administering the provisions of this Act and any rule adopted in accordance with the Act;

(h‑2)  To address any inquiries to any licensee, or the officers thereof, in relation to its activities and conditions, or any other matter connected with its affairs, and it shall be the duty of any licensee or person so addressed, to promptly reply in writing to such inquiries.  The Commissioner may also require reports from any licensee at any time the Commissioner may deem desirable;

(i) To require information with regard to any license applicant
as he or she may deem desirable, with due regard to the paramount interests
of the public as to the experience, background, honesty, truthfulness,
integrity, and competency of the license applicant as to financial
transactions involving primary or subordinate mortgage financing, and where
the license applicant is an entity other than an individual, as to the
honesty, truthfulness, integrity, and competency of any officer or director
of the corporation, association, or other entity, or the members of a
partnership;

(j) To examine the books and records of every licensee under this Act at
intervals as specified in Section 4‑2;

(k) To enforce provisions of this Act;

(l) To levy fees, fines, and charges for services performed in administering
this Act; the aggregate of all fees collected by the Commissioner on and after
the effective date of this Act shall be paid promptly after receipt of the
same, accompanied by a detailed statement thereof, into the Savings and
Residential Finance Regulatory Fund; the amounts deposited into that Fund shall
be used for the ordinary and contingent expenses of the Office of Banks and
Real Estate.  Nothing in this Act shall prevent continuing the practice of paying
expenses involving salaries, retirement, social security, and State‑paid
insurance of State officers by appropriation from the General Revenue Fund.

(m) To appoint examiners, supervisors, experts, and special assistants as
needed to effectively and efficiently administer this Act;

(n) To conduct hearings for the purpose of:

(1) appeals of orders of the Commissioner;

(2) suspensions or revocations of licenses, or

fining of licensees;

(3) investigating:

(i) complaints against licensees; or

(ii) annual gross delinquency rates; and

(4) carrying out the purposes of this Act;

(o) To exercise exclusive visitorial power over a licensee unless otherwise authorized by this Act or as vested in the courts, or upon prior consultation with the Commissioner, a foreign residential mortgage regulator with an appropriate supervisory interest in the parent or affiliate of a licensee;

(p) To enter into cooperative agreements with state regulatory authorities of other states to provide for examination of corporate offices or branches of those states and to accept reports of such examinations;

(q) To assign an examiner or examiners to monitor the affairs of a licensee with whatever frequency the Commissioner determines appropriate and to charge the licensee for reasonable and necessary expenses of the Commissioner, if in the opinion of the Commissioner an emergency exists or appears likely to occur; and

(r) To impose civil penalties of up to $50 per day against a licensee for failing to respond to a regulatory request or reporting requirement.

(Source: P.A. 93‑1018, eff. 1‑1‑05.)

(205 ILCS 635/4‑2) (from Ch. 17, par. 2324‑2)

Sec. 4‑2. Examination; prohibited activities.

(a) The business affairs of a licensee under this Act shall be examined
for compliance with this Act as often as the Commissioner deems necessary and
proper.  The Commissioner shall promulgate rules with respect to the frequency
and manner of examination.   The Commissioner shall appoint a suitable person
to perform such
examination.  The Commissioner and his appointees may examine the
entire
books, records, documents, and operations of each licensee and may examine
any of the licensee's officers, directors, employees and agents under oath.

(b) The Commissioner shall prepare a
sufficiently
detailed
report of each
licensee's examination, shall issue a copy of such report to each
licensee's principals, officers, or directors and shall take appropriate
steps to ensure correction of violations of this Act.

(c) Affiliates of a licensee shall be subject to examination by the
Commissioner on the same terms as the licensee, but only when reports
from, or examination of a licensee provides for documented evidence of
unlawful activity between a licensee and affiliate benefiting, affecting or
deriving from the activities regulated by this Act.

(d) The expenses of any examination of the licensee and affiliates shall
be borne by the licensee and assessed by the Commissioner as established
by regulation.

(e) Upon completion of the examination, the Commissioner shall issue a
report to the licensee.  All confidential supervisory information, including the examination report
						and the work papers
of the report, shall belong to the Commissioner's office and may not be
disclosed to anyone other than the licensee, law enforcement officials or other
regulatory agencies that have an appropriate regulatory interest as determined by the Commissioner, or to a party presenting a lawful subpoena to the Office of the
Commissioner. The Commissioner may immediately appeal to the court of jurisdiction the disclosure of such confidential supervisory information and seek a stay of the subpoena pending the outcome of the appeal. Reports required of licensees by the Commissioner under this Act
and results of examinations performed by the Commissioner under this Act shall
be the property of only the Commissioner, but may be shared with the licensee.  Access under this
Act to the books and records of each licensee shall be limited to the
Commissioner and his agents as provided in this Act and to the licensee and its
authorized agents and designees.  No other person shall have access to the
books and records of a licensee under this Act. Any person upon whom a demand for production of confidential supervisory information is made, whether by subpoena, order, or other judicial or administrative process, must withhold production of the confidential supervisory information and must notify the Commissioner of the demand, at which time the Commissioner is authorized to intervene for the purpose of enforcing the limitations of this Section or seeking the withdrawal or termination of the attempt to compel production of the confidential supervisory information.  The Commissioner may impose any conditions and limitations on the disclosure of confidential supervisory information that are necessary to protect the confidentiality of such information.  Except as authorized by the Commissioner, no person obtaining access to confidential supervisory information may make a copy of the confidential supervisory information.  The Commissioner may condition a decision to disclose confidential supervisory information on entry of a protective order by the court or administrative tribunal presiding in the particular case or on a written agreement of confidentiality.  In a case in which a protective order or agreement has already been entered between parties other than the Commissioner, the Commissioner may nevertheless condition approval for release of confidential supervisory information upon the inclusion of additional or amended provisions in the protective order.  The Commissioner may authorize a party who obtained the records for use in one case to provide them to another party in another case, subject to any conditions that the Commissioner may impose on either or both parties.  The requestor shall promptly notify other parties to a case of the release of confidential supervisory information obtained and, upon entry of a protective order, shall provide copies of confidential supervisory information to the other parties.

(f) The Commissioner, deputy commissioners, and employees
of the Office of Banks and Real Estate shall be subject to the restrictions
provided in Section 2.5 of the Office of Banks and Real Estate Act including,
without limitation, the restrictions on (i) owning shares of stock or holding
any other equity interest in an entity regulated under this Act or in any
corporation or company that owns or controls an entity regulated under this
Act; (ii) being an officer, director, employee, or agent of an entity regulated
under this Act; and (iii) obtaining a loan or accepting a gratuity from an
entity regulated under this Act.

(g) After the initial examination for those licensees whose only mortgage
activity is servicing fewer than 1,000 Illinois residential loans,
the
examination required in subsection (a) may be waived upon submission of a
letter from the licensee's independent certified auditor that the licensee
serviced fewer than 1,000 Illinois residential loans during the
year
in which the
audit was performed.

(Source: P.A. 93‑1018, eff. 1‑1‑05.)

(205 ILCS 635/4‑3) (from Ch. 17, par. 2324‑3)

Sec. 4‑3.

Subpoena power of the Commissioner.

(a) The Commissioner
shall have the power to issue and to serve subpoenas and subpoenas duces
tecum to compel the attendance of witnesses and the production of all
books, accounts, records and other documents and materials relevant to an
examination or investigation.  The Commissioner or his or her duly
authorized representative, shall have power to administer oaths and
affirmations to any person.

(b) In the event of noncompliance with a subpoena or subpoena duces
tecum issued or caused to be issued by the Commissioner, the Commissioner
may petition the circuit court of the county in which the person subpoenaed
resides or has its principal place of business for an order requiring the
subpoenaed person to appear and testify and to produce such books,
accounts, records and other documents as are specified in the subpoena
duces tecum.  The court may grant injunctive relief restraining the person
from advertising, promoting, soliciting, entering into, offering to enter
into, continuing, or completing any residential mortgage financing
transaction or residential mortgage servicing transaction.  The court may
grant such other relief, including, but not limited to, the
restraint, by injunction or appointment of a receiver, of any transfer,
pledge, assignment or other disposition of the person's assets or any
concealment, alteration, destruction or other disposition of books,
accounts, records or other documents and materials as
the court deems appropriate, until the person has fully complied with the
subpoena or subpoena duces tecum and the Commissioner has completed an
investigation or examination.

(c) When it shall appear to the Commissioner that the compliance with a
subpoena or subpoena duces tecum issued or caused to be issued by the
Commissioner pursuant to this Section is essential to an investigation or
examination, the Commissioner, in addition to the other remedies provided
for herein,  may apply for relief to the circuit court of the county in
which the subpoenaed person resides or has its principal place of business.
 The court shall thereupon direct the issuance of an order against the
subpoenaed person requiring sufficient bond conditioned on compliance with
the subpoena or subpoena duces tecum.  The court shall cause to be endorsed
on the order a suitable amount of bond or payment pursuant to which the
person named in the order shall be freed, having a due regard to the nature of the case.

(d) In addition, the Commissioner may seek a writ of attachment or an
equivalent order from the circuit court having jurisdiction over the person
who has refused to obey a subpoena, who has refused to give testimony or
who has refused to produce the matters described in the subpoena duces tecum.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑4) (from Ch. 17, par. 2324‑4)

Sec. 4‑4.

Report Required of Licensee; False Statements; Delay;
Penalties.(a) In addition to any reports required under this Act, every
licensee shall file such other reports as the Commissioner shall request.

(b) Any licensee or any officer, director, employee or agent of any
licensee who shall fail to file any reports required by this Act, including
those under subsection (a) above, or who shall deliberately, wilfully or
knowingly make, subscribe to or cause to be made any false entry with
intent to deceive the Commissioner or his or her appointees or who shall
purposely cause unreasonable delay in filing such reports, shall be guilty
of a Class 4 Felony.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑5) (from Ch. 17, par. 2324‑5)

Sec. 4‑5. Suspension, revocation of licenses; fines.

(a) Upon written notice to a licensee, the Commissioner may suspend
or revoke any license issued pursuant to this Act if he or she shall make a
finding of one or more of the following in the notice that:

(1) Through separate acts or an act or a course of

conduct, the licensee has violated any provisions of this Act, any rule or regulation promulgated by the Commissioner or of any other law, rule or regulation of this State or the United States.

(2) Any fact or condition exists which, if it had

existed at the time of the original application for such license would have warranted the Commissioner in refusing originally to issue such license.

(3) If a licensee is other than an individual, any

ultimate equitable owner, officer, director, or member of the licensed partnership, association, corporation, or other entity has so acted or failed to act as would be cause for suspending or revoking a license to that party as an individual.

(b) No license shall be suspended or revoked, except as provided in this
Section, nor shall any licensee be fined without notice of his or her right
to a hearing as provided in Section 4‑12 of this Act.

(c) The Commissioner, on good cause shown that an emergency exists, may
suspend any license for a period not
exceeding 180 days, pending investigation.  Upon a showing that a
licensee has failed to meet the experience or educational requirements of
Section 2‑2 or the requirements of subsection (g) of Section 3‑2, the
Commissioner shall suspend, prior to hearing as provided in Section 4‑12, the
license until those requirements have been met.

(d) The provisions of subsection (e) of Section 2‑6 of this Act
shall not affect a licensee's civil or criminal liability
for acts committed prior to surrender of a license.

(e) No revocation, suspension or surrender of any license shall impair
or affect the obligation of any pre‑existing lawful contract between the
licensee and any person.

(f) Every license issued under this Act shall remain in force and effect
until the same shall have expired without renewal, have been surrendered,
revoked or suspended in accordance with the provisions of this Act, but the
Commissioner shall have authority to reinstate a suspended license or to
issue a new license to a licensee whose license shall have been revoked if
no fact or condition then exists which would have warranted the
Commissioner in refusing originally to issue such license under this Act.

(g) Whenever the Commissioner shall revoke or suspend a license issued
pursuant to this Act or fine a licensee under this Act, he or she shall
forthwith execute in duplicate a written order to that effect.  The
Commissioner shall publish notice of such order in the Illinois Register
and post notice of the order on an agency Internet site maintained by the Commissioner and shall forthwith serve a copy of such order upon the
licensee.   Any such order may be reviewed in the manner provided by
Section 4‑12 of this Act.

(h) When the Commissioner finds any person in violation of the grounds
set forth in subsection (i), he or she may enter an order imposing one or
more of the following penalties:

(1) Revocation of license;

(2) Suspension of a license subject to reinstatement

upon satisfying all reasonable conditions the Commissioner may specify;

(3) Placement of the licensee or applicant on

probation for a period of time and subject to all reasonable conditions as the Commissioner may specify;

(4) Issuance of a reprimand;

(5) Imposition of a fine not to exceed $25,000 for

each count of separate offense; and

(6) Denial of a license.

(i) The following acts shall constitute grounds for which the
disciplinary actions specified in subsection (h) above may be taken:

(1) Being convicted or found guilty, regardless of

pendency of an appeal, of a crime in any jurisdiction which involves fraud, dishonest dealing, or any other act of moral turpitude;

(2) Fraud, misrepresentation, deceit or negligence

in any mortgage financing transaction;

(3) A material or intentional misstatement of fact

on an initial or renewal application;

(4) Failure to follow the Commissioner's regulations

with respect to placement of funds in escrow accounts;

(5) Insolvency or filing under any provision of the

Bankruptcy Code as a debtor;

(6) Failure to account or deliver to any person any

property such as any money, fund, deposit, check, draft, mortgage, or other document or thing of value, which has come into his or her hands and which is not his or her property or which he or she is not in law or equity entitled to retain, under the circumstances and at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery;

(7) Failure to disburse funds in accordance with

agreements;

(8) Any misuse, misapplication, or misappropriation

of trust funds or escrow funds;

(9) Having a license, or the equivalent, to practice

any profession or occupation revoked, suspended, or otherwise acted against, including the denial of licensure by a licensing authority of this State or another state, territory or country for fraud, dishonest dealing or any other act of moral turpitude;

(10) Failure to issue a satisfaction of mortgage

when the residential mortgage has been executed and proceeds were not disbursed to the benefit of the mortgagor and when the mortgagor has fully paid licensee's costs and commission;

(11) Failure to comply with any order of the

Commissioner or rule made or issued under the provisions of this Act;

(12) Engaging in activities regulated by this Act

without a current, active license unless specifically exempted by this Act;

(13) Failure to pay in a timely manner any fee,

charge or fine under this Act;

(14) Failure to maintain, preserve, and keep

available for examination, all books, accounts or other documents required by the provisions of this Act and the rules of the Commissioner;

(15) Refusal to permit an investigation or

examination of the licensee's or its affiliates' books and records or refusal to comply with the Commissioner's subpoena or subpoena duces tecum;

(16) A pattern of substantially underestimating the

maximum closing costs;

(17) Failure to comply with or violation of any

provision of this Act.

(j) A licensee shall be subject to the disciplinary actions specified in
this Act for violations of subsection (i) by any officer, director,
shareholder, joint venture, partner, ultimate equitable owner, or employee
of the licensee.

(k) Such licensee shall be subject to suspension or revocation for
employee actions only if there is a pattern of repeated violations by
employees or the licensee has knowledge of the violations.

(l) Procedure for surrender of license:

(1) The Commissioner may, after 10 days notice by

certified mail to the licensee at the address set forth on the license, stating the contemplated action and in general the grounds therefor and the date, time and place of a hearing thereon, and after providing the licensee with a reasonable opportunity to be heard prior to such action, fine such licensee an amount not exceeding $25,000  per violation, or revoke or suspend any license issued hereunder if he or she finds that:

(i) The licensee has failed to comply with any

provision of this Act or any order, decision, finding, rule, regulation or direction of the Commissioner lawfully made pursuant to the authority of this Act; or

(ii) Any fact or condition exists which, if it

had existed at the time of the original application for the license, clearly would have warranted the Commissioner in refusing to issue the license.

(2) Any licensee may surrender a license by

delivering to the Commissioner written notice that he or she thereby surrenders such license, but surrender shall not affect the licensee's civil or criminal liability for acts committed prior to surrender or entitle the licensee to a return of any part of the license fee.

(Source: P.A. 93‑561, eff. 1‑1‑04; 93‑1018, eff. 1‑1‑05.)

(205 ILCS 635/4‑6) (from Ch. 17, par. 2324‑6)

Sec. 4‑6.

Investigation of Complaints.

The Commissioner shall at all times maintain staff and facilities
adequate to receive, record and investigate complaints and inquiries made by
any person concerning this Act and any licensees under this Act.  Each
licensee shall open its books, records, documents and offices wherever
situated to the Commissioner or his or her appointees as needed to facilitate
such investigations.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑8) (from Ch. 17, par. 2324‑8)

Sec. 4‑8.

Default rate; examination.

(a) The Commissioner shall obtain from the U.S. Department of Housing and
Urban Development on a semi‑annual basis that Department's default claim rates
for endorsements issued by that Department.

(b) The Commissioner shall conduct an examination of each licensee
having a default rate equal to or greater than 5%.

This subsection shall not be construed as a limitation
of the Commissioner's examination authority under Section 4‑2 of this Act or as
otherwise provided in this Act.
The Commissioner may require a licensee to provide loan default
data as the Commissioner deems necessary for the proper enforcement
of the Act.

(c) The purpose of the examination under subsection (b) shall be
to determine whether the default rate of the
licensee has resulted from practices which deviate from
sound and accepted mortgage underwriting practices, including but not
limited to credit fraud, appraisal fraud and property inspection fraud.
For the purpose of conducting this examination, the Commissioner may accept
materials prepared for the U.S. Department of Housing and Urban Development.
At the conclusion of the examination, the Commissioner shall make his or
her findings available to the Residential Mortgage Board.

(d) The Commissioner, at his or her discretion, may hold public
hearings, or at the direction of the Residential Mortgage Board, shall hold
public hearings. Such testimony shall be by a homeowner or mortgagor or his
agent, whose residential interest is affected by the activities of the
residential mortgage licensee subject to such hearing.
At such public hearing, a witness may present testimony on his or her behalf
concerning only his or her home, or home mortgage or a witness may authorize a
third party to appear on his or her behalf.  The testimony shall be
restricted to information and comments related to a specific residence or
specific residential mortgage application or applications for a residential
mortgage or residential loan transaction.  The testimony must be preceded
by either a letter of complaint or a completed consumer complaint form
prescribed by the Commissioner.

(e) The Commissioner shall, at the conclusion of the public hearings,
release his or her findings and shall also make public any action taken
with respect to the licensee. The Commissioner shall also give full
consideration to the findings of this examination whenever reapplication is
made by the licensee for a new license under this Act.

(f) A licensee that is examined pursuant to subsection (b)
shall submit to the Commissioner a plan which shall be designed to reduce that
licensee's default rate to a figure that is
less than 5%.  The plan shall be implemented by the
licensee as approved by the Commissioner.  A licensee that is
examined pursuant to subsection (b) shall report monthly,
for a one year period, one, 2, and 3 month defaults.

(g) Whenever the Commissioner finds that a licensee's
default rate
on insured mortgages is unusually high within a particular
geographic area, he or she shall require that licensee to submit such
information as is necessary to determine whether that licensee's practices
have constituted credit fraud, appraisal fraud or property inspection
fraud.  The Commissioner shall promulgate such rules as are necessary to
determine whether any licensee's default rate is
unusually high within a particular area.

(Source: P.A. 89‑355, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96; 90‑301, eff. 8‑1‑97.)

(205 ILCS 635/4‑8.1)

Sec. 4‑8.1.

Confidential information.

In hearings conducted under this Act,
information presented into evidence that was acquired by the licensee when
serving any
individual in connection with a residential mortgage, including all financial
information of the individual, shall be deemed strictly confidential and shall
be made available only as part of the record of a hearing under this Act or
otherwise (i) when the record is required, in its entirety, for purposes of
judicial review or (ii) upon the express written consent of the
individual served, or in the case of his or her death or disability, the
consent of his or her personal representative.

(Source: P.A. 93‑561, eff. 1‑1‑04.)

(205 ILCS 635/4‑8.2)

Sec. 4‑8.2.

Reports of violations.

Any person licensed under this Act or
any other person may report to the Commissioner any information to show that a
person subject to this Act is or may be in violation of this Act.

(Source: P.A. 93‑561, eff. 1‑1‑04.)

(205 ILCS 635/4‑8.3)
Sec. 4‑8.3. Annual report of mortgage and servicing activity.

On or before March 1 of each year, each licensee, except residential mortgage brokers, shall file a report with the Commissioner that shall disclose such information as the Commissioner requires.  Exempt entities as defined in subsection (d) of Section 1‑4 shall not file the annual report of mortgage and servicing activity required by this Section.

(Source: P.A. 93‑1018, eff. 1‑1‑05.)

(205 ILCS 635/4‑9) (from Ch. 17, par. 2324‑9)

Sec. 4‑9.

(Repealed).

(Source: P.A. 89‑355, eff. 8‑17‑95. Repealed by 90‑301, eff. 8‑1‑97.)

(205 ILCS 635/4‑10) (from Ch. 17, par. 2324‑10)

Sec. 4‑10.

Rules and Regulations of the Commissioner.

(a) In addition to such powers as may be prescribed by this Act, the
Commissioner is hereby authorized and empowered to promulgate regulations
consistent with the purposes of this Act, including but not limited to:

(1) Such rules and regulations in connection with the activities of
licensees as may be necessary and appropriate for the protection of
consumers in this State;

(2) Such rules and regulations as may be necessary and appropriate to
define improper or fraudulent business practices in connection with the
activities of licensees in making mortgage loans;

(3) Such rules and regulations as may define the terms used in this Act
and as may be necessary and appropriate to interpret and implement the
provisions of this Act; and

(4) Such rules and regulations as may be necessary for the enforcement of this Act.

(b) The Commissioner is hereby authorized and empowered to make such
specific rulings, demands and findings as he or she may deem necessary for the
proper conduct of the mortgage lending industry.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑11) (from Ch. 17, par. 2324‑11)

Sec. 4‑11.

Costs of Supervision; Examination and Investigative Fees.


The expenses of administering this Act, including investigations and
examinations provided for in this Act shall be borne by and assessed
against entities regulated by this Act.  The Commissioner shall establish
fees by regulation in at least the following categories:

(1) application fees;

(2) investigation of license applicant fees;

(3) examination fees;

(4) contingent fees;

and such other categories as may be required to administer this Act.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑12) (from Ch. 17, par. 2324‑12)

Sec. 4‑12.

Appeal and Review.

(a) Any person or entity affected by a
decision of the Commissioner under any provision of this Act may obtain
review of such decision within the Office of the Commissioner.

(b) The Commissioner shall, in accordance with the "Illinois
Administrative Procedure Act", promulgate rules and regulations to provide
for review within the Office of the Commissioner (hereinafter referred to
as "agency review") of his or her decisions affecting the rights of entities
under this Act.  Such review shall provide for, at a minimum:

(1) appointment of a hearing officer other than a regular employee of
the Office of the Commissioner;

(2) appropriate procedural rules, specific deadlines for filings, and
standards of evidence and of proof;

(3) provision for apportioning costs among parties to the appeal.

(c) All final agency determinations of appeals to decisions of the
Commissioner may be reviewed in accordance with and under the provisions
of the "Administrative Review Law". Appeals from all final orders and
judgments entered by a court in review of any final administrative decision
of the Commissioner or of any final agency review of a decision of the
Commissioner may be taken as in other civil cases.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑13) (from Ch. 17, par. 2324‑13)

Sec. 4‑13.

Violations of this Act; Commissioner's Orders.

If the
Commissioner finds, as the result of examination, investigation or review
of reports submitted by a licensee that the business and affairs of a
licensee are not being conducted in accordance with this Act, the
Commissioner shall notify the licensee of the correction necessary.  Should
a licensee fail to correct such violations, the Commissioner shall issue an
order requiring immediate correction and compliance with this Act,
specifying a reasonable date for performance.

The Commissioner shall promulgate rules and regulations to provide for an
orderly and timely appeal of all orders within the Office of the Commissioner.
Such rules shall include provision for assessment of fees and costs.

(Source: P.A. 85‑735.)

(205 ILCS 635/4‑14) (from Ch. 17, par. 2324‑14)

Sec. 4‑14.

Collection of fees.

Unless exempt from licensure under
this Act, no person engaged in or offering to engage in any act or service,
for which a license under this Act is required, may bring or maintain any
action in any court of this State to collect compensation
for the performance of the licensable services without alleging and proving
that he or she was the holder of a valid Residential Mortgage License under
this Act at all times during the performance of those services.

(Source: P.A. 87‑642.)

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