§ 10-5 — Functions; powers; duties

The functions, powers, and duties of the Secretary shall include the following: (1) to issue or refuse to issue any license as provided by this Act; (2) to revoke or suspend for cause any license issued under this Act; (3) to keep records of all licenses issued under this Act; (4) to receive, consider, investigate, and act upon complaints made by any person in connection with any pawnbroker licensee in this State; (5) to prescribe the forms of and receive: (A) applications for licenses; and (B) all reports and all books and records required to be made by any licensee under this Act; (6) to adopt rules necessary and proper for the administration of this Act; (7) to subpoena documents and witnesses and compel their attendance and production, to administer oaths and affirmations, and to require the production of any books, papers, or other materials relevant to any inquiry authorized by this Act; (8) to issue orders against any person, including, but not limited to, any officer, director, employee, prospective employee, or agent of the licensee, if the Secretary 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 Secretary; or for the purpose of administering the provisions of this Act and any rule adopted in accordance with this Act; (9) 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 those inquiries; the Secretary may also require reports from any licensee at any time the Secretary may deem desirable; (10) to examine the books and records of every licensee under this Act; (11) to enforce provisions of this Act; (12) to levy fees, fines, and charges for services performed in administering this Act; the aggregate of all fees collected by the Secretary on and after the effective date of this Act shall be paid promptly after receipt, accompanied by a detailed statement thereof, into the Pawnbroker Regulation Fund under Section 10-10; the amounts deposited into that Fund shall be used for the ordinary and contingent expenses of the Department; nothing in this Act shall prevent the continuation of the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance of State officers by appropriation from the General Revenue Fund; (13) to appoint examiners, supervisors, experts, and special assistants as needed to effectively and efficiently administer this Act; (14) to conduct hearings for the purpose of: (A) appeals of orders of the Secretary; (B) suspensions or revocations of licenses, or fining of licensees; (C) investigating complaints against licensees; and (D) carrying out the purposes of this Act; (15) to exercise exclusive visitorial power over a licensee unless otherwise authorized by this Act or as vested in the courts; (16) to assign on an emergency basis an examiner or examiners to monitor the affairs of a licensee with whatever frequency the Secretary determines appropriate and to charge the licensee for reasonable and necessary expenses of the Secretary, if in the opinion of the Secretary an emergency exists or appears likely to occur; (17) to impose civil penalties of up to $50 per day against a licensee for failing to respond to a regulatory request or reporting requirement; (18) to enter into agreements in connection with the Nationwide Multistate Licensing System and Registry; and (19) to perform any other lawful acts necessary or desirable to carry out the purposes and provisions of this Act.

Legislative History

(Source: P.A. 103-585, eff. 3-22-24.)