SB 2495 — FINANCIAL INSTITUTIONS-FEES

The Commissioner SB2495 Engrossed - 6 - LRB094 17958 MKM 53261 b shall have the powers and authority, and is charged with the duties and responsibilities designated in this Act, and a State bank shall not be subject to any other visitorial power other than as authorized by this Act, except those vested in the SB2495 - 6 - LRB094 17958 MKM 53261 b courts, or upon prior consultation with the Commissioner, a foreign bank regulator with an appropriate supervisory interest in the parent or affiliate of a state bank.

In making the examination the examiners shall include an examination of the affairs of all the affiliates of the bank, as defined in subsection (b) of Section 35.2 of this Act, or subsidiaries of the bank as shall be necessary to disclose fully the conditions of the subsidiaries or affiliates, the relations between the bank and the subsidiaries or affiliates and the effect of those relations upon the affairs of the bank, SB2495 Engrossed - 7 - LRB094 17958 MKM 53261 b and in connection therewith shall have power to examine any of the officers, directors, agents, or employees of the subsidiaries or affiliates on oath.

After May 31, 1997, the Commissioner may enter into cooperative agreements with state SB2495 - 7 - LRB094 17958 MKM 53261 b regulatory authorities of other states to provide for examination of State bank branches in those states, and the Commissioner may accept reports of examinations of State bank branches from those state regulatory authorities.

The notification shall be submitted with the first statement of condition (as required by Section 47 of this Act) due after the making of the service contract or the performance of the SB2495 Engrossed - 8 - LRB094 17958 MKM 53261 b service, whichever occurs first.

For purposes of this subsection (2.5), the term "bank services" means services such as sorting and posting of checks SB2495 - 8 - LRB094 17958 MKM 53261 b and deposits, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a State bank, including but not limited to electronic data processing related to those bank services.

In case more than one examination of any bank SB2495 Engrossed - 9 - LRB094 17958 MKM 53261 b is deemed by the Commissioner to be necessary in any examination frequency cycle specified in subsection 2(a) of this Section, and is performed at his direction, the Commissioner may assess a reasonable additional fee to SB2495 - 9 - LRB094 17958 MKM 53261 b recover the cost of the additional examination;

SB2495 Engrossed - 10 - LRB094 17958 MKM 53261 b (a-3) After May 31, 1997, the reasonable and necessary expenses of the Commissioner during examination of the performance of electronic data processing services under subsection (2.5) at or on behalf of branches of SB2495 - 10 - LRB094 17958 MKM 53261 b out-of-state banks shall be borne by the out-of-state banks, unless those expenses are borne by the state regulatory authorities that chartered the out-of-state banks, as determined by cooperative agreements between the Commissioner and the state regulatory authorities that chartered the out-of-state banks.

The aggregate amount of the contingent fee thus arrived at for any fiscal year shall be apportioned amongst, assessed upon, and paid by the State banks and foreign banking corporations, respectively, in the same proportion that the fee of each under paragraph (a) of subsection (3), respectively, for that year bears to the aggregate for that year of the fees collected under SB2495 Engrossed - 11 - LRB094 17958 MKM 53261 b paragraph (a) of subsection (3).

The aggregate amount of the contingent fee, and the portion thereof to be assessed upon each State bank and foreign banking corporation, respectively, shall be determined by the Commissioner and SB2495 - 11 - LRB094 17958 MKM 53261 b shall be paid by each, respectively, within 120 days of the close of the period for which the contingent fee is computed and is payable, and the Commissioner shall give 20 days advance notice of the amount of the contingent fee payable by the State bank and of the date fixed by the Commissioner for payment of the fee.

The Commissioner shall not be required by paragraphs (c) or (d-1) of this SB2495 Engrossed - 12 - LRB094 17958 MKM 53261 b subsection (3) to maintain in any fiscal year’s budget appropriated reserves for accrued vacation and accrued sick leave that is required to be paid to employees of the Commissioner upon termination of their service with the SB2495 - 12 - LRB094 17958 MKM 53261 b Commissioner in an amount that is more than is reasonably anticipated to be necessary for any anticipated turnover in employees, whether due to normal attrition or due to layoffs, terminations, or resignations.

All moneys in the Bank and Trust Company Fund are exempt from assignment or transfer under any other law or executive order, other than for unappropriatedthe administrativepurposes expenses.authorized by the Illinois State Auditing Act.

However, the General Revenue Fund shall be reimbursed for those payments SB2495 Engrossed - 13 - LRB094 17958 MKM 53261 b made on and after July 1, 1979, by an annual transfer of funds from the Bank and Trust Company Fund.

Moneys in the Bank and Trust Company Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the SB2495 - 13 - LRB094 17958 MKM 53261 b Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

24, 2003, unless an audit by the Auditor General of banking regulatory oversight activities requires a different rate to be set.set to cover the costs of regulatory SB2495 Engrossed - 14 - LRB094 17958 MKM 53261 b oversight.

The notice must contain an explanation that includes a description of the audit results pertaining to the banking industry and a description of each reason SB2495 - 14 - LRB094 17958 MKM 53261 b why adjustments to the regulatory fee rates are required.

(4) Nothing contained in this Act shall be construed to limit the obligation relative to examinations and reports of any State bank, deposits in which are to any extent insured by SB2495 Engrossed - 15 - LRB094 17958 MKM 53261 b the United States or any agency thereof, nor to limit in any way the powers of the Commissioner with reference to examinations and reports of that bank.

(5) The nature and condition of the assets in or investment of any bonus, pension, or profit sharing plan for officers or SB2495 - 15 - LRB094 17958 MKM 53261 b employees of every State bank or, after May 31, 1997, branch of an out-of-state bank shall be deemed to be included in the affairs of that State bank or branch of an out-of-state bank subject to examination by the Commissioner under the provisions of subsection (2) of this Section, and if the Commissioner shall find from an examination that the condition of or operation of the investments or assets of the plan is unlawful, fraudulent, or unsafe, or that any trustee has abused his trust, the Commissioner shall, if the situation so found by the Commissioner shall not be corrected to his satisfaction within 60 days after the Commissioner has given notice to the board of directors of the State bank or out-of-state bank of his findings, report the facts to the Attorney General who shall thereupon institute proceedings against the State bank or out-of-state bank, the board of directors thereof, or the trustees under such plan as the nature of the case may require.

(b) To issue orders against any person, if the Commissioner has reasonable cause to believe that an unsafe or unsound banking 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 SB2495 Engrossed - 16 - LRB094 17958 MKM 53261 b promulgated in accordance with this Act.

(c) To appoint hearing officers to execute any of the SB2495 - 16 - LRB094 17958 MKM 53261 b powers granted to the Commissioner under this Section for the purpose of administering this Act and any rule promulgated in accordance with this Act and otherwise to authorize, in writing, an officer or employee of the Office of Banks and Real Estate to exercise his powers under this Act.

(7) Whenever, in the opinion of the Commissioner, any director, officer, employee, or agent of a State bank or any subsidiary or bank holding company of the bank or, after May 31, 1997, of any branch of an out-of-state bank or any subsidiary or bank holding company of the bank shall have violated any law, rule, or order relating to that bank or any subsidiary or bank holding company of the bank, shall have obstructed or impeded any examination or investigation by the Commissioner, shall have engaged in an unsafe or unsound practice in conducting the business of that bank or any subsidiary or bank holding company of the bank, or shall have violated any law or engaged or participated in any unsafe or unsound practice in connection with any financial institution or other business entity such that the character and fitness of the director, officer, employee, or agent does not assure SB2495 Engrossed - 17 - LRB094 17958 MKM 53261 b reasonable promise of safe and sound operation of the State bank, the Commissioner may issue an order of removal.

If, in the opinion of the Commissioner, any former director, officer, employee, or agent of a State bank or any subsidiary or bank holding company of the bank, prior to the termination of his or SB2495 - 17 - LRB094 17958 MKM 53261 b her service with that bank or any subsidiary or bank holding company of the bank, violated any law, rule, or order relating to that State bank or any subsidiary or bank holding company of the bank, obstructed or impeded any examination or investigation by the Commissioner, engaged in an unsafe or unsound practice in conducting the business of that bank or any subsidiary or bank holding company of the bank, or violated any law or engaged or participated in any unsafe or unsound practice in connection with any financial institution or other business entity such that the character and fitness of the director, officer, employee, or agent would not have assured reasonable promise of safe and sound operation of the State bank, the Commissioner may issue an order prohibiting that person from further service with a bank or any subsidiary or bank holding company of the bank as a director, officer, employee, or agent.

A copy of the order shall also be SB2495 Engrossed - 18 - LRB094 17958 MKM 53261 b served upon the bank of which he is a director, officer, employee, or agent, whereupon he shall cease to be a director, officer, employee, or agent of that bank.

The Commissioner may institute a civil action against the director, officer, or agent of the State bank or, after May 31, 1997, of the branch SB2495 - 18 - LRB094 17958 MKM 53261 b of the out-of-state bank against whom any order provided for by this subsection (7) of this Section 48 has been issued, and against the State bank or, after May 31, 1997, out-of-state bank, to enforce compliance with or to enjoin any violation of the terms of the order.

SB2495 Engrossed - 19 - LRB094 17958 MKM 53261 b For matters involving administrative review, venue shall be in either Sangamon County or Cook County.

SB2495 - 19 - LRB094 17958 MKM 53261 b (b) The Foundation is empowered to receive voluntary contributions, gifts, grants, bequests, and donations on behalf of the Illinois Bank Examiners’ Education Foundation from national banks and other persons for the purpose of funding the endowment of the Illinois Bank Examiners’ Education Foundation.

SB2495 Engrossed - 20 - LRB094 17958 MKM 53261 b (205 ILCS 105/7-3) (from Ch.

(a) The Commissioner shall appoint, subject to applicable provisions of the Personnel Code, a supervisor, such examiners, SB2495 - 20 - LRB094 17958 MKM 53261 b employees, experts and special assistants as may be necessary to carry out effectively this Act.

and (7) To establish reasonable and rationally based fee structures for each association and holding company operating SB2495 Engrossed - 21 - LRB094 17958 MKM 53261 b under this Act and for their service corporations and subsidiaries, which fees shall include but not be limited to annual fees, application fees, regular and special examination fees, and such other fees as the Commissioner establishes and demonstrates to be directly resultant from his SB2495 - 21 - LRB094 17958 MKM 53261 b responsibilities under this Act and as are directly attributable to individual entities operating under this Act.

24, 2003, unless an audit by the Auditor General of banking regulatory oversight activities requires a different rate to be set.set to cover the costs of regulatory oversight.

The amounts deposited into the Fund shall be solely and exclusively used for the ordinary and contingent expenses of the Commissioner in administering the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Residential Mortgage License Act of 1987 Office of SB2495 Engrossed - 22 - LRB094 17958 MKM 53261 b Banks and Real Estate.

(b) Except as otherwise provided in subsection (b-5), no moneys in the Savings and Residential Finance Regulatory Fund SB2495 - 22 - LRB094 17958 MKM 53261 b shall may not be appropriated, assigned, or transferred to another State fund.

All moneys in the Fund shall be exempt from assignment or transfer under any other law or executive order, other than for unappropriatedthe administrativepurposes expenses.authorized by the Illinois State Auditing Act.

The amount credited to the institution or entity must be in the same proportion that the fees paid by the institution or entity for the fiscal year in which the excess is produced bears to the aggregate of the fees collected by the SB2495 Engrossed - 23 - LRB094 17958 MKM 53261 b Commissioner under the Illinois Savings and Loan Act of 1985, the Savings Bank Act, and the Residential Mortgage License Act of 1987 for the same fiscal year.

7-1-05.) SB2495 - 23 - LRB094 17958 MKM 53261 b Section 20.

The fees shall include, but not be limited to, annual fees, application fees, regular and special examination fees, and other fees as the Commissioner establishes and demonstrates to be directly resultant from the Commissioner’s responsibilities under this Act and as are directly attributable to individual entities SB2495 Engrossed - 24 - LRB094 17958 MKM 53261 b operating under this Act.

The amounts deposited into the Fund shall be used for the ordinary and contingent SB2495 - 24 - LRB094 17958 MKM 53261 b expenses of the Office of Banks and Real Estate.

24, 2003, unless an audit by the Auditor General of banking regulatory oversight activities requires a different rate to be set.set to cover the costs of regulatory oversight.

(1) A credit union regulated by the Department shall pay a regulatory fee to the Department pursuant to a regulatory fee schedule based upon the credit union’s its total assets as shown by its Year-end Call Report at the following rates or at a lesser rate established in a manner proportionately SB2495 Engrossed - 25 - LRB094 17958 MKM 53261 b consistent with the following rates and that would fund the actual administrative and operational expenses of the Credit Union Section pursuant to subsection (5):

$100 Over $25,000 and not over SB2495 - 25 - LRB094 17958 MKM 53261 b $100,000 ....................

$12,750 $16,192 plus $0.30 $0.38 per $1,000 of assets in excess of $30,000,000 Over $100,000,000 and not SB2495 Engrossed - 26 - LRB094 17958 MKM 53261 b over $500,000,000............

$93,750 $140,625 plus $0.05 $0.075 per $1,000 of assets in SB2495 - 26 - LRB094 17958 MKM 53261 b excess of $500,000,000 (2) The Director shall review the regulatory fee schedule in subsection (1) and the projected earnings on those fees on an annual basis and adjust the fee schedule for the next fiscal year.

No regulatory SB2495 Engrossed - 27 - LRB094 17958 MKM 53261 b fee shall be collected from a credit union until it has been in operation for one year.

(4) The aggregate of all fees collected by the Department under this Act shall be paid promptly after they are received, accompanied by a detailed statement thereof, into the State SB2495 - 27 - LRB094 17958 MKM 53261 b Treasury and shall be set apart in the Credit Union Fund, a special fund hereby created in the State treasury.

No other appropriations shall be made from the Credit Union Fund, and the moneys in the Credit Union Fund shall be exempt from assignment or transfer under any other law or executive order, other than for unappropriatedthe administrativepurposes expenses.authorized by the Illinois State Auditing Act.

all SB2495 Engrossed - 28 - LRB094 17958 MKM 53261 b expenditures for telephone and telegraph charges, postage and postal charges, office supplies and services, furniture and equipment, office space and maintenance thereof, travel expenses and other necessary expenses;

(6) When the balance in the Credit Union Fund at the end of a fiscal year exceeds 25% aggregate of all fees collected by SB2495 - 28 - LRB094 17958 MKM 53261 b the Department under this Act and all earnings thereon for any calendar year exceeds 150% of the total actual administrative and operational expenses under this Act for that fiscal year, such excess shall be credited to credit unions and applied against their regulatory fees for the subsequent fiscal year.

7-1-05.) Section 99.30.

The Residential Mortgage License Act of 1987 is amended by changing Section 2-2, 2-6, and 4-1 as follows:

(205 ILCS 635/2-2) (from Ch.

17, par.

2322-2) Sec.

2-2.

Application process;

investigation;

fee.

SB2495 Engrossed - 29 - LRB094 17958 MKM 53261 b (a) The Commissioner shall issue a license upon completion of all of the following:

(1) The filing of an application for license.

(2) The filing with the Commissioner of a listing of judgments entered against, and bankruptcy petitions by, the license applicant for the preceding 10 years.

(3) The payment, in certified funds, of investigation and application fees, the total of which shall be in an amount equal to $1,800 $2,700 annually, however, the Commissioner may increase the investigation and application fees by rule as provided in Section 4-11.

(4) Except for a broker applying to renew a license, the filing of an audited balance sheet including all footnotes prepared by a certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing principles which evidences that the applicant meets the net worth requirements of Section 3-5.

(5) The filing of proof satisfactory to the Commissioner that the applicant, the members thereof if the applicant is a partnership or association, the members or managers thereof that retain any authority or responsibility under the operating agreement if the applicant is a limited liability company, or the officers thereof if the applicant is a corporation have 3 years experience preceding application in real estate finance.

Instead of this requirement, the applicant and the applicant’s officers or members, as applicable, may satisfactorily complete a program of education in real estate finance and fair lending, as approved by the Commissioner, prior to receiving the initial license.

The Commissioner shall promulgate rules regarding proof of experience requirements and educational requirements and the satisfactory completion of those requirements.

The Commissioner may establish by rule a list of duly licensed professionals and others who may be exempt from this SB2495 Engrossed - 30 - LRB094 17958 MKM 53261 b requirement.

(6) An investigation of the averments required by Section 2-4, which investigation must allow the Commissioner to issue positive findings stating that the financial responsibility, experience, character, and general fitness of the license applicant and of the members thereof if the license applicant is a partnership or association, of the officers and directors thereof if the license applicant is a corporation, and of the managers and members that retain any authority or responsibility under the operating agreement if the license applicant is a limited liability company are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly and efficiently within the purpose of this Act.

If the Commissioner shall not so find, he or she shall not issue such license, and he or she shall notify the license applicant of the denial.

The Commissioner may impose conditions on a license if the Commissioner determines that the conditions are necessary or appropriate.

These conditions shall be imposed in writing and shall continue in effect for the period prescribed by the Commissioner.

(b) All licenses shall be issued in duplicate with one copy being transmitted to the license applicant and the second being retained with the Commissioner.

Upon receipt of such license, a residential mortgage licensee shall be authorized to engage in the business regulated by this Act.

Such license shall remain in full force and effect until it expires without renewal, is surrendered by the licensee or revoked or suspended as hereinafter provided.

(Source:

P.A.

93-32, eff.

7-1-03;

93-1018, eff.

1-1-05.) (205 ILCS 635/2-6) (from Ch.

17, par.

2322-6) Sec.

2-6.

License issuance and renewal;

fee.

(a) Beginning July 1, 2003, licenses shall be renewed every year on the anniversary of the date of issuance of the original SB2495 Engrossed - 31 - LRB094 17958 MKM 53261 b license.

Properly completed renewal application forms and filing fees must be received by the Commissioner 60 days prior to the renewal date.

(b) It shall be the responsibility of each licensee to accomplish renewal of its license;

failure of the licensee to receive renewal forms absent a request sent by certified mail for such forms will not waive said responsibility.

Failure by a licensee to submit a properly completed renewal application form and fees in a timely fashion, absent a written extension from the Commissioner, will result in the assessment of additional fees, as follows:

(1) A fee of $500 $750 will be assessed to the licensee 30 days after the proper renewal date and $1,000 $1,500 each month thereafter, until the license is either renewed or expires pursuant to Section 2-6, subsections (c) and (d), of this Act.

(2) Such fee will be assessed without prior notice to the licensee, but will be assessed only in cases wherein the Commissioner has in his or her possession documentation of the licensee’s continuing activity for which the unrenewed license was issued.

(c) A license which is not renewed by the date required in this Section shall automatically become inactive.

No activity regulated by this Act shall be conducted by the licensee when a license becomes inactive.

The Commissioner may require the licensee to provide a plan for the disposition of any residential mortgage loans not closed or funded when the license becomes inactive.

The Commissioner may allow a licensee with an inactive license to conduct activities regulated by this Act for the sole purpose of assisting borrowers in the closing or funding of loans for which the loan application was taken from a borrower while the license was active.

An inactive license may be reactivated by the Commissioner upon payment of the renewal fee, and payment of a reactivation fee equal to the renewal fee.

(d) A license which is not renewed within one year of SB2495 Engrossed - 32 - LRB094 17958 MKM 53261 b becoming inactive shall expire.

(e) A licensee ceasing an activity or activities regulated by this Act and desiring to no longer be licensed shall so inform the Commissioner in writing and, at the same time, convey the license and all other symbols or indicia of licensure.

The licensee shall include a plan for the withdrawal from regulated business, including a timetable for the disposition of the business.

Upon receipt of such written notice, the Commissioner shall issue a certified statement canceling the license.

(Source:

P.A.

93-32, eff.

7-1-03;

93-561, eff.

1-1-04;

93-1018, eff.

1-1-05.) (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;

SB2495 Engrossed - 33 - LRB094 17958 MKM 53261 b (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 SB2495 Engrossed - 34 - LRB094 17958 MKM 53261 b 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.

For the fiscal year beginning on July 1, 2007, the Commissioner must adopt rules to adjust regulatory fee rates to those in effect prior to the escalation in rates published in 27 Ill.Reg.

10783, July 1, 2003, unless an audit by the Auditor General of banking regulatory oversight activities requires a different rate to be set to cover the costs of regulatory oversight.

Any adjustments made pursuant to an Auditor General’s audit must be set forth in the form of a notice to each affected entity 45 days prior to making those adjustments.

The notice must contain an explanation that includes a description of the audit results pertaining to the banking industry and a description of each reason why adjustments to the regulatory fee rates are required.

(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;

SB2495 Engrossed - 35 - LRB094 17958 MKM 53261 b (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.) Section 99.