Current through Register Vol. 48, No. 12, March 22, 2024
a) The Director may disqualify any provider
and/or any provider's courses if the Director finds that:
1) the provider or course has not met the
requirements of this Part;
2) the
provider has made a material misstatement or intentional misrepresentation on a
certification form filed with the Director; a misstatement will be considered
material if the course would not have been certified in the absence of such
statement;
3) the provider has
intentionally misrepresented itself or its course to students or prospective
students;
4) the provider has
violated any commitment made in the request for certification and supplementary
attachments to the certification, including failure to maintain the standards
and method of operation set forth in the request for certification and any
supplementary attachments;
5) the
provider has employed instructors who do not meet the requirements of Section
3119.30(f);
6) the provider is deemed by the Director to
have failed to act in good faith in providing a course. A failure to act in
good faith may be evidenced by the following:
A) a student pass/fail ratio inconsistent
with those of other providers for courses which are similar in content and
difficulty;
B) the number of
complaints received by the Director that specifically relate to the provider's
courses;
C) provides to the student
a proof of completion form that contains false or incomplete
information;
D) provides to the
student a partially completed proof of completion form;
7) the provider has failed to maintain the
materials and records pursuant to Section 3119.30;
8) the provider failed to furnish the
Director with information and records required by Section 3119.30, or the
provider supplied false or incomplete information or records;
9) the provider fails to furnish the Director
with an accurate student proof of completion list required by Section
3119.30(e)
within 10 days following the end of the week
in which the course was completed;
10) The provider has, while conducting
business as a provider, used fraudulent or dishonest practices, or has
demonstrated incompetence or untrustworthiness.
b) Disqualification of a provider or course
shall be by order of the Director and will be sent to the provider by certified
or registered mail at the address specified in the Department's records. The
provider may request a hearing in writing in accordance with 50 Ill. Adm. Code
2402, within 30 days from the date of mailing. If no written request is made,
the order shall be final upon the expiration of 30 days.
c) If the provider requests a hearing within
30 days, then the Director shall issue within 30 days after receipt of the
request a written notice of hearing to the provider by certified or registered
mail and it will be sent to the provider at the address specified in the
Department's records. The notice of hearing must state:
1) The grounds, charges or conduct that
justifies disqualification under this Section;
2) A specific time for the hearing, which may
not be less than 20 days nor more than 30 days after the mailing of the notice
of hearing; and
3) A specific place
for the hearing.
d) Upon
disqualification, the provider shall immediately discontinue offering its
courses as certified courses. The Director shall publish all final
disqualifications.
e) In any order
of disqualification, the Director shall give consideration for credit hours to
present students.
f) An education
provider who has been disqualified will be ineligible to apply to the
Department for 3 years after the date of the disqualification. A provider whose
certification has been disqualified may not be employed, contracted or engaged
in any insurance education related capacity during the time the
disqualification is in effect.