Section 1480.10 Definitions

Section

1480.10  Definitions

"Act":  the

Collateral Recovery Act [225 ILCS 422].

"Administrative Law Judge":  a

Hearing Examiner or a Hearing Officer of the Illinois Commerce Commission's

Transportation Division.

"Agent": when used in the Act

or this Part, means a person or entity that is authorized to act for or in

place of another, and is not a towing company or a person or entity acting on

behalf of a towing company, a repossession agency or a person or entity acting

on behalf of a repossession agency.

"Applicant":  a person or

entity seeking action with respect to a license, recovery permit or

registration or a certification program under the Act and this Part.

"Application":  the form and

process for seeking action with respect to licensure, a recovery permit or

registration or a certification program under the Act and this Part.  The time

frame and consequences of failing to complete an application within the

specific time frame as provided in Section 35(k) of the Act shall apply to all

applications under the Act and this Part.  Specifically,

applicants have 90

days from the date of application to complete the application process. If the

application has not been completed within 90 days, then the application shall

be denied, any fee paid shall be forfeited, and the applicant must reapply and

meet the requirements in effect at the time of reapplication

.  [225 ILCS

422/35(k)]

"Assignment"

:

a

written authorization by a legal owner, lien holder, lessor, lessee, or

licensed repossession agency authorized by a legal owner, lien holder, lessor

or lessee to locate or repossess, involuntarily or voluntarily, any collateral,

including, but not limited to, collateral registered under the Illinois Vehicle

Code that is subject to a security agreement that contains a repossession

clause or is the subject of a rental or lease agreement

holder, lessor, lessee, or

licensed repossession agency authorized by a legal owner, lien holder, lessor

or lessee to locate or repossess, involuntarily or voluntarily, any collateral,

including, but not limited to, collateral registered under the Illinois Vehicle

Code that is subject to a security agreement that contains a repossession

clause or is the subject of a rental or lease agreement.

"Assignment"

also means a written authorization by an employer to recover any collateral

entrusted to an employee or former employee if the possessor is wrongfully in

the possession of the collateral.  A photocopy, facsimile copy, or electronic

copy of an assignment shall have the same force and effect as an original written

assignment.

[225 ILCS 422/10]

"Branch

Office"

:

each additional office

and secured storage facility location of a repossession agency located in and

conducting business within the State of Illinois and operating under the same

name as the repossession agency where business is actively conducted or is

engaged in the business authorized by the licensure. Each branch office must be

individually licensed

. [225 ILCS 422/10]

"Class "E" Recovery Permit":

a permit issued to an individual whose duties include the actual repossession

of collateral for a Class "R" recovery agency or a Class

"RR" branch office and who has met the required criteria for

obtaining the permit in accordance with the Act and this Part.

"Class "EE" Recovery Permit":

a permit issued to an intern whose duties include the actual repossession of

collateral under the direction and control of a designated, sponsoring Class

"E" recovery permit or a designated, sponsoring Class "MR"

license and who has met the required criteria for obtaining the permit in

accordance with the Act and this Part

n accordance with the Act and this Part.

"Class "EE" Recovery Permit":

a permit issued to an intern whose duties include the actual repossession of

collateral under the direction and control of a designated, sponsoring Class

"E" recovery permit or a designated, sponsoring Class "MR"

license and who has met the required criteria for obtaining the permit in

accordance with the Act and this Part.

"Class "MR" License":

a license issued to any individual who performs the services of a recovery

manager for a Class "R" recovery agency or a Class "RR"

branch office and who has met the required criteria for licensure in accordance

with the Act and this Part.

"Class "R" License":

a license issued to any person, firm, company, partnership or corporation that

engages in business as a recovery agency and has met the required criteria for

licensure in accordance with the Act and this Part.  A Class "R"

license is valid only for a repossession agency's main office.

"Class "RR" License":

a license issued to each branch office of a Class "R" repossession

agency that has met the required criteria for licensure in accordance with the

Act and this Part.

"Collateral"

:

any vehicle, boat, recreational vehicle, motor home,

motorcycle or other property that is subject to a security, lease or rental

agreement.

[225 ILCS 422/10]

"Commission":  the

Illinois Commerce Commission.

"Debtor"

:

any

person or entity obligated under a lease, rental, or security agreement.

[225

ILCS 422/10]

"Deceive":  the result from

actions prohibited by Section 2 of the Consumer Fraud and Deceptive Business

Practices Act [815 ILCS 505/2].

"Defraud":  the result of

making a reckless or knowing misrepresentation of truth or concealment of fact

to induce another to act to his or her detriment.

"Dishonorable":

not in conformity with the Act or this Part

or security agreement.

[225

ILCS 422/10]

"Deceive":  the result from

actions prohibited by Section 2 of the Consumer Fraud and Deceptive Business

Practices Act [815 ILCS 505/2].

"Defraud":  the result of

making a reckless or knowing misrepresentation of truth or concealment of fact

to induce another to act to his or her detriment.

"Dishonorable":

not in conformity with the Act or this Part.

"Financial Institution"

:

a bank, a licensee under the Consumer Installment Loan Act

[205 ILCS 670]

,

savings bank, savings and loan association, or credit union organized and

operating under the laws of this or any other state or of the United States,

and any subsidiary or affiliate thereof.

[225 ILCS 422/10]

"Harm":  adverse

effect, injury, loss, damage or detriment.

"Immediate Family":  includes

the person's spouse, parents, children, siblings and partner in a civil union

pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750

ILCS 75].

"Legal Owner"

:

a person holding a security interest in any collateral that is subject to a

security agreement, a lien against any collateral, or an interest in any

collateral that is subject to a lease or rental agreement.

[225 ILCS

422/10]

"Licensure"

:

the approval of the required criteria that has been

submitted for review in accordance with the provisions of the Act

[225 ILCS

422/10]

for the

purpose of licensing a recovery manager, repossession agency and branch office of

a repossession agency.

"Main Office":  primary

facility of a licensed repossession agency located in the State of Illinois

al agreement.

[225 ILCS

422/10]

"Licensure"

:

the approval of the required criteria that has been

submitted for review in accordance with the provisions of the Act

[225 ILCS

422/10]

for the

purpose of licensing a recovery manager, repossession agency and branch office of

a repossession agency.

"Main Office":  primary

facility of a licensed repossession agency located in the State of Illinois.

"Pending Criminal Charge":

alleged violation of any penal law of the United States or any state or

territory of the United States brought before a court against a person or

entity that may result in a

conviction for a crime that is a felony, a

misdemeanor an essential element of which is dishonesty, or a crime related to

the practice of the profession

[225 ILCS 422/80] but that has not been

adjudicated by the court as of the date of application or the date of hearing.

"Pending Criminal Proceeding":

judicial process instituted to adjudicate criminal charges brought before a

court against a person or entity that has not culminated in an entry of a

sentence, a guilty or not guilty judgment, a dismissal, or an order striking

the criminal charges as of the date of application or the date of hearing.

"Personal Effects"

:

any property contained within or on repossessed collateral, or property that is

not permanently affixed to the collateral, that is not the property of the

legal owner.

[225 ILCS 422/10]

"Recovery

Manager"

:

a person who possesses

a valid license in accordance with the provisions of the Act and is in control

or management of a repossession agency.

[225 ILCS 422/10]

"Recovery

Permit"

:

a permit issued by the

Commission to a repossession agency employee who has met all the requirements

under the Act

he collateral, that is not the property of the

legal owner.

[225 ILCS 422/10]

"Recovery

Manager"

:

a person who possesses

a valid license in accordance with the provisions of the Act and is in control

or management of a repossession agency.

[225 ILCS 422/10]

"Recovery

Permit"

:

a permit issued by the

Commission to a repossession agency employee who has met all the requirements

under the Act.

[225 ILCS 422/10]

"Recovery

Ticket"

:

a serialized record

obtained from the Commission for any repossessed vehicle or collateral

evidencing that any person, business, financial institution, automotive

dealership, or repossession agency who shows a recovery ticket has paid the

recovery ticket fee to the Commission.

[225 ILCS 422/10]

"Remote

Storage Location"

:

a secured

storage facility of a licensed repossession agency designated for the storage

of collateral that is a secure building or has a perimeter that is secured with

a fencing construction that makes the area not accessible to the public. A

remote storage location shall not transact business with the public and shall

provide evidence of applicable insurance to the Commission that specifies the

licensed repossession agency as the primary policy holder. A remote storage

location shall be located in a commercially zoned area physically located in Illinois.

[225 ILCS 422/10]

"Repossession

Agency"

:

any person or entity

conducting business within the State of Illinois, that, for any type of

consideration, engages in the business of, accepts employment to furnish, or

agrees to provide or provides property locating services, property recovery,

recovered property transportation, recovered property storage, or all services

relevant to any of the following:

The location, disposition, or recovery of property as authorized

by the self-help provisions of the Uniform Commercial Code;

The location, disposition, or recovery of lost or stolen

property;

Securing evidence concerning repossession and recovery to

be used before any court, board, office, or inve

rty transportation, recovered property storage, or all services

relevant to any of the following:

The location, disposition, or recovery of property as authorized

by the self-help provisions of the Uniform Commercial Code;

The location, disposition, or recovery of lost or stolen

property;

Securing evidence concerning repossession and recovery to

be used before any court, board, office, or investigating committee;

Inventory of property contained in or on the collateral or

recovered property;

The possession of collateral;

The prevention of the misappropriation or concealment of

chattel, vehicles, goods, objects, documents, or paper.

"Repossession

Agency" does not include any of the following:

An

attorney at law who is performing his or her duties as an attorney at law.

The legal

owner of collateral that is subject to a security agreement;

An officer

or employee of the United States of America or of this State or a political

subdivision of this State while the officer or employee is engaged in the

performance of his or her official duties;

A

qualified

recovery manager's

license or

recovery permit holder when performing services for, or on behalf of, a

licensed repossession agency;

A

collection agency licensed under the Collection Agency Act

[225 ILCS 425]

when its activities are limited to

assisting an owner in the recovery of property that is not collateral, as

defined in this Act.

[225 ILCS 422/10]

"Repossession

Agency Employee"

:

any person or

self-employed independent contractor who is hired by a repossession agency.

[225

ILCS 422/10]

"Secured

Storage Facility"

:

an area

located on the same premises as a repossession agency office or branch office

that is designated for the storage of collateral and is a secure building or

has a perimeter that is secured with a fencing construction that makes the area

not accessible to the public. Each repossession agency office or branch office

must maintain a secured storage facility

]

"Secured

Storage Facility"

:

an area

located on the same premises as a repossession agency office or branch office

that is designated for the storage of collateral and is a secure building or

has a perimeter that is secured with a fencing construction that makes the area

not accessible to the public. Each repossession agency office or branch office

must maintain a secured storage facility

. [225 ILCS 422/10]

"Security Agreement"

:

an obligation, pledge, mortgage, chattel mortgage, lease agreement, rental

agreement, deposit, or lien, given by a debtor as security

for payment

or performance of his or her debt by furnishing the creditor with a recourse to

be used in case of failure in the principal obligation.  "Security

agreement" includes a bailment where an employer-employee relationship

exists or existed between the bailor and the bailee.

[ 225 ILCS 422/10]

"Transferee-Applicant":

an applicant for transfer of a Class "R" License under the Act and

this Part.

"Unethical":  not

in conformity with the Act or this Part.

"Unprofessional":

not in conformity with the Act or this Part.

"Violation":  failure to comply

with a provision of the Act, this Part or Commission orders.  Each day's

continuance of a violation shall constitute a separate violation.