Illinois Feeder Swine Dealer Licensing Act.

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  2. Illinois Compiled Statutes
  3. PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
  4. Illinois Feeder Swine Dealer Licensing Act.

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(225 ILCS 620/1) (from Ch. 111, par. 201)

Sec. 1. Definitions. As used in this Act unless the context otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture or his duly appointed representative.

"Feeder swine dealer" means any person who sells or offers to sell feeder swine in this State whether the swine are raised in this State or brought into this State from another State or who buys feeder swine in this State for resale outside of the State; provided, that a person who sells only feeder swine which he has produced and raised shall not be considered a dealer hereunder.

"Feeder swine" means all swine except those consigned directly to slaughter or swine sold as breeding animals with negative brucellosis test.

"Person" means any individual, firm, partnership or corporation.

"Agent" means any person authorized to act for a licensed feeder swine dealer.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/2) (from Ch. 111, par. 202)

Sec. 2. No person shall engage himself as a feeder swine dealer in this State without a license therefor issued by the Department.

(Source: Laws 1965, p. 2145.)

 

(225 ILCS 620/4) (from Ch. 111, par. 204)

Sec. 4. Application. Applications by individuals for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department, and shall be accompanied by the required bond and the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. The information requirements shall be established by rule.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/5) (from Ch. 111, par. 205)

Sec. 5. Applications by partnerships or corporations for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department, and shall be accompanied by the required bond and the required fee, which shall not be returnable. Any such application shall list, but need not be limited to, the name of each partner, if a partnership, each director and officer, if a corporation, its address, its financial resources, and shall indicate and list the partners, directors or officers, as the case may be, or other persons authorized to represent or act for it under this Act.

(Source: P.A. 81-192.)

 

(225 ILCS 620/5.1) (from Ch. 111, par. 205.1)

Sec. 5.1. Upon written application to the Department and payment of the fee specified in Section 18, a licensed feeder swine dealer shall obtain a permit for each person he or she wishes to designate as his or her agent. Information the Department deems necessary shall be supplied on forms prescribed by it. An agent's permit may be renewed by inclusion of his or her name and address upon the feeder swine dealer's application for renewal of his or her license and payment of the required fee. This Act's provisions governing denial and revocation of and refusal to renew a feeder swine dealer's license shall apply to an agent's permit.

An agent shall conduct feeder swine transactions only on behalf of the feeder swine dealer, who shall be responsible for all such transactions. The feeder swine dealer's bond or trust fund agreement filed with the Department shall apply to obligations arising from such transactions. An agent may conduct feeder swine transactions independently only if he or she is also a licensed feeder swine dealer.

(Source: P.A. 87-160.)

 

(225 ILCS 620/6) (from Ch. 111, par. 206)

Sec. 6. Applications for renewal licenses, shall be made to the Department, shall be in writing on forms prescribed by the Department, shall contain such information as will enable the Department to determine if the applicant is qualified to continue to hold a license and shall be accompanied by the required fee, which shall not be returnable.

(Source: P.A. 81-192.)

 

(225 ILCS 620/7) (from Ch. 111, par. 207)

Sec. 7. Each non-resident applicant for an original license or renewal license shall file with the Department an irrevocable consent that actions against the applicant may be filed in the circuit court of the county in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving 2 copies thereof with the Director. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of such process to the applicant at the address shown on the records of the Department by certified mail. No foreign corporation shall receive a license under this Act until it has been authorized to do business in this State by the Secretary of State.

(Source: P.A. 81-192.)

 

(225 ILCS 620/8) (from Ch. 111, par. 208)

Sec. 8. Each license shall be issued for the term of one calendar year or for such part thereof as remains at the time of the issuance thereof. Each license shall be renewed during the month of December of each year. Each license not renewed during December of each year shall expire on December 31, of that year. Failure to apply for a license renewal before December 31 of each year shall result in forfeiture of the right of renewal. When such right has been forfeited, the licensee shall procure a new license as herein provided.

A license must be prominently displayed at each place of business of the feeder swine dealer. Where the feeder swine dealer conducts business at more than one address, branch office licenses shall be issued on payment of the required fee.

Each license shall be signed by the Director of the Department and shall be issued under the seal of the Department.

(Source: P.A. 77-1720.)

 

(225 ILCS 620/9) (from Ch. 111, par. 209)

Sec. 9. Grounds for refusal to issue or renew license and for license suspension and revocation. The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:

  • a. material misstatement in the application for original license or in the application for any renewal license under this Act;
  • b. disregard or violation of this Act, any other Act relative to the purchase and sale of livestock or any regulation or rule issued pursuant thereto;
  • c. aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto;
  • d. allowing one's license under this Act to be used by an unlicensed person;
  • e. for licensees, conviction of any crime an essential element of which is misstatement, fraud or dishonesty or conviction of any felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; for applicants, the Department may refuse to issue a license based on a conviction of any felony or a misdemeanor directly related to the practice of the profession if the Department determines in accordance with Section 9.3 that such conviction will impair the ability of the applicant to engage in the position for which a license is sought;
  • f. conviction of a violation of any law of Illinois or any rule or regulation of the Department relating to feeder swine;
  • g. making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the livestock industry;
  • h. pursuing a continued course of misrepresentation of or making false promises through advertising, salesmen, agents or otherwise in connection with the livestock industry;
  • i. failure to possess the necessary qualifications or to meet the requirements of this Act for the issuance or holding of a license;
  • j. operating without the bond or trust fund agreement required by this Act; or
  • k. failing to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue.

(Source: P.A. 100-286, eff. 1-1-18.)

 

(225 ILCS 620/9.1) (from Ch. 111, par. 209a)

Sec. 9.1. Suspension. The Director may suspend a license under Section 9 and require the licensee to cease doing business. The Director shall issue a written order of suspension setting forth the reasons for the suspension and for requiring the licensee to cease operating as a feeder swine dealer until a hearing has been held. Such written order shall be served personally on the licensee, or by certified mail sent to the licensee's business address as shown in the latest notification to the Department.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/9.2) (from Ch. 111, par. 209b)

Sec. 9.2. Administrative penalties. Any person violating or aiding in or abetting the violation of any provision of this Act, or any provision of any rule of the Department issued under this Act, may be ordered, following an administrative hearing, to pay the following administrative penalties:

  • (1) $300 for a first violation;
  • (2) $600 for a second violation within 3 years of the first violation; and
  • (3) $1,000 for a third and subsequent violation within 3 years of the first violation.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/9.3)

Sec. 9.3. Applicant convictions.

(a) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:

  • (1) Juvenile adjudications of delinquent minors as defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
  • (2) Law enforcement records, court records, and conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
  • (3) Records of arrest not followed by a conviction.
  • (4) Convictions overturned by a higher court.
  • (5) Convictions or arrests that have been sealed or expunged.

(b) The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:

  • (1) the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
  • (2) whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
  • (3) if the applicant was previously licensed or employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
  • (4) the age of the person at the time of the criminal offense;
  • (5) successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
  • (6) evidence of the applicant's present fitness and professional character;
  • (7) evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
  • (8) any other mitigating factors that contribute to the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.

(c) If the Department refuses to issue a license to an applicant, then the applicant shall be notified of the denial in writing with the following included in the notice of denial:

  • (1) a statement about the decision to refuse to issue a license;
  • (2) a list of the convictions that the Department determined will impair the applicant's ability to engage in the position for which a license is sought;
  • (3) a list of convictions that formed the sole or partial basis for the refusal to issue a license; and
  • (4) a summary of the appeal process or the earliest the applicant may reapply for a license, whichever is applicable.

(d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:

  • (1) the number of applicants for a new or renewal license under this Act within the previous calendar year;
  • (2) the number of applicants for a new or renewal license under this Act within the previous calendar year who had any criminal conviction;
  • (3) the number of applicants for a new or renewal license under this Act in the previous calendar year who were granted a license;
  • (4) the number of applicants for a new or renewal license with a criminal conviction who were granted a license under this Act within the previous calendar year;
  • (5) the number of applicants for a new or renewal license under this Act within the previous calendar year who were denied a license; and
  • (6) the number of applicants for a new or renewal license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.

(Source: P.A. 100-286, eff. 1-1-18.)

 

(225 ILCS 620/10) (from Ch. 111, par. 210)

Sec. 10. Investigation and hearing. The Department may upon its own motion and shall upon the complaint in writing of any person setting forth facts which if proved would constitute grounds under Section 9 investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue or renew, and before revocation of a license, at least 10 days prior to the date set for the hearing, notify in writing the applicant for or holder of a license, hereinafter called the respondent, that a hearing will be held on the date designated to determine whether the respondent is privileged to hold such license. Such written notice may be served by delivery of the same personally to the respondent, or by mailing the same by registered or certified mail to the place of business last theretofore specified by the respondent in the last notification to the Department. The Director, following the hearing, shall issue, renew, refuse to issue or renew, reinstate, or revoke the license.

The Department, over the signature of the Director is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The Director may issue subpoenas duces tecum to command the production of any or all records relating to the person.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/11) (from Ch. 111, par. 211)

Sec. 11. (Repealed).

(Source: P.A. 88-457. Repealed by P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/12) (from Ch. 111, par. 212)

Sec. 12. (Repealed).

(Source: P.A. 81-282. Repealed by P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/13) (from Ch. 111, par. 213)

Sec. 13. (Repealed).

(Source: P.A. 82-783. Repealed by P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/14) (from Ch. 111, par. 214)

Sec. 14. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license and any branch office licenses to the Department, and if the licensee fails to do so, the Department shall have the right to seize the same.

(Source: Laws 1961, p. 2054.)

 

(225 ILCS 620/15) (from Ch. 111, par. 215)

Sec. 15. The Director may issue regulations, consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms which shall be used in connection therewith.

(Source: Laws 1961, p. 2054.)

 

(225 ILCS 620/16) (from Ch. 111, par. 216)

Sec. 16. Each licensee hereunder, except persons licensed under the Livestock Auction Market Law as now or hereafter amended, shall file with the Department a bond in the amount of $5,000, with the licensee as principal and a surety company authorized to do business in Illinois as surety, conditioned on the performance by such licensee of all duties required by law of a feeder swine dealer. Such bond shall provide that it may not be cancelled without 30 days written notice of termination to the Department prior to the effective date of such termination.

Instead of filing a bond, a licensee may deliver to the Department a trust fund agreement showing he has deposited with a bank or trust company either $5,000 in cash or securities endorsed in blank by the owner thereof and having a fair market value of at least $5,000. The form of the trust fund agreement shall be prescribed by the Department. The trust fund agreement shall be subject to the same conditions as would the bond described in this Section. A licensee desiring to terminate a trust fund agreement shall submit to the Director a written request to do so. The trust fund agreement shall terminate within 30 days after the Director's receipt of the request unless the Director notifies the licensee of his objection to the termination. The Director shall object to the termination of the trust fund agreement where the possibility exists that an obligation covered by the agreement might go unsatisfied.

The Director of Agriculture as trustee of the bond or the trust fund described in this Section shall have the authorities granted him in Section 205-410 of the Department of Agriculture Law (20 ILCS 205/205-410) and the rules adopted pursuant thereto.

(Source: P.A. 91-239, eff. 1-1-00.)

 

(225 ILCS 620/17) (from Ch. 111, par. 217)

Sec. 17. (Repealed).

(Source: P.A. 83-760. Repealed by P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/17.10)

Sec. 17.10. Hearing rules. The Illinois Administrative Procedure Act and the Illinois Department of Agriculture rules adopted under that Act apply to hearings under this Act.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/17.15)

Sec. 17.15. Judicial review. All final administrative decisions of the Department are subject to judicial review under Article III of the Code of Civil Procedure and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of any county permitted by Section 3-104 of the Code of Civil Procedure.

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/18) (from Ch. 111, par. 218)

Sec. 18. License fees. The following fees shall accompany each application for a license, which fees shall not be returnable:

a. for an original license to an individual........... $25

b. for an original license to a

partnership or corporation........................ $25

c. for an annual renewal license...................... $10

d. for each branch office license..................... $10

e. for each agent authorized to represent

or act for a licensee............................. $ 5

(Source: P.A. 89-154, eff. 7-19-95.)

 

(225 ILCS 620/18.1) (from Ch. 111, par. 218.1)

Sec. 18.1. A feeder swine dealer's feeder swine originating in Illinois shall bear consecutively numbered tags on their right ears before being sold or commingled with other swine, except that no tags shall be required in the case of feeder swine moving as one group directly from one Illinois farm to another Illinois farm without commingling of the animals while in transit to the receiving farm. Feeder swine originating outside of Illinois shall bear ear tags indicating their state of origin, shall arrive directly from that state of origin and shall be accompanied by a health certificate.

Every sale of out-of-state feeder swine shall be reported by the feeder swine dealer to the Department within 7 days on forms prescribed by the Department and including the permit number, the buyer's name and address and the number of swine sold. Such swine shall be quarantined to the buyer for 21 days.

(Source: P.A. 87-160.)

 

(225 ILCS 620/18.2) (from Ch. 111, par. 218.2)

Sec. 18.2. Every licensed feeder swine dealer shall record all feeder swine transactions conducted by the feeder swine dealer or his or her agent, including the names and addresses of persons from whom swine were purchased and to whom swine were sold, the number of swine bought and sold and their ear tag identification. Such records shall be retained 12 months and shall be available for inspection by the Department.

(Source: P.A. 84-302.)

 

(225 ILCS 620/19) (from Ch. 111, par. 219)

Sec. 19. This Act shall be known and may be cited as the Illinois Feeder Swine Dealer Licensing Act.

(Source: P.A. 83-760.)


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