Illinois Administrative Code
Title 50 - INSURANCE
Part 4435 - NONCOMPLIANCE NOTIFICATION AND PENALTIES
Section 4435.80 - Hearing to Show Good and Sufficient Cause
Current through Register Vol. 48, No. 12, March 22, 2024
a) If the Director determines that a hearing should be held to allow a demonstration of good and sufficient cause pursuant to either Section 4435.50 or Section 4435.70, or if a pension fund subject to penalties under Section 4435.70 requests a hearing, the hearing shall be conducted pursuant to the procedures set forth in 50 Ill. Adm. Code 2402, except that, if more specific procedures are set forth in this Part, then the more specific procedures apply.
b) At the hearing, the burden of proof to show good and sufficient cause for failure to comply with the requirements of the Code and/or Department regulations shall be on the pension fund, governmental unit, or elected or appointed officials of a governmental unit notified pursuant to Section 4435.40.
c) In determining whether the pension fund, governmental unit, or elected or appointed official of a governmental unit has met the burden of proof as required by subsection (b), the Director may consider, but is not limited to, the following:
d) The Director, in determining that the pension fund, governmental unit, or elected or appointed official of a governmental unit has failed to meet the burden of proof required by subsection (b), will consider, but is not limited to, the following: