§ 11

(Section scheduled to be repealed on January 1, 2029) Sec. 11. Grounds for denial or discipline. (a) In this Section, "applicant" means a person who has applied for a license under this Act including those persons whose names are listed on a license application in Section 10 of this Act. (b) The Comptroller may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Comptroller may deem appropriate, including imposing fines not to exceed $5,000 for each violation, with regard to any license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds: (1) The applicant or licensee has made any misrepresentation or false statement or concealed any material fact in furnishing information to the Comptroller. (2) The applicant or licensee has been engaged in business practices that work a fraud. (3) The applicant or licensee has refused to give information required under this Act to be disclosed to the Comptroller or failing, within 30 days, to provide information in response to a written request made by the Comptroller. (4) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (5) As to any individual listed in the license application as required under Section 10, that individual has conducted or is about to conduct any cremation business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud. (6) The applicant or licensee has failed to make the annual report required by this Act or to comply with a final order, decision, or finding of the Comptroller made under this Act. (7) The applicant or licensee, including any member, officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Comptroller under this Act. (8) The Comptroller finds any fact or condition existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license. (9) Any violation of this Act or of the rules adopted under this Act. (10) Incompetence. (11) Gross malpractice. (12) Discipline by another state, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section. (13) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered. (14) A finding by the Comptroller that the licensee, after having its license placed on probationary status, has violated the terms of probation. (15) Willfully making or filing false records or reports, including, but not limited to, false records filed with State agencies or departments. (16) Gross, willful, or continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered. (17) Practicing under a false or, except as provided by law, an assumed name. (18) Cheating on or attempting to subvert this Act's licensing application process.

Legislative History

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)