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| | SB1787 Enrolled | - 2 - | LRB098 07430 HLH 37498 b |
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| 1 | | or federal law.
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| 2 | | (8) The fidelity bond is not satisfactory to the
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| 3 | | Comptroller.
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| 4 | | (9) As to any individual required to be listed in the |
| 5 | | license application,
the individual has
conducted or is |
| 6 | | about to conduct any business on behalf
of the applicant in |
| 7 | | a fraudulent manner; has been
convicted of any felony or |
| 8 | | misdemeanor, an essential
element of which is fraud; has |
| 9 | | had a judgment rendered
against him or her based on fraud |
| 10 | | in any civil
litigation; has failed to satisfy any |
| 11 | | enforceable
judgment or decree rendered against him or her |
| 12 | | by any
court of competent jurisdiction; or has been |
| 13 | | convicted
of any felony or any theft-related offense.
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| 14 | | (10) The applicant or licensee, including any member,
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| 15 | | officer, or director thereof if the applicant or
licensee |
| 16 | | is a firm, partnership, association or
corporation and any |
| 17 | | shareholder holding more than 10% of
the corporate stock, |
| 18 | | has violated any provision of this
Act or any regulation, |
| 19 | | decision, order, or finding made
by the Comptroller under |
| 20 | | this Act.
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| 21 | | (11) The Comptroller finds any fact or condition
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| 22 | | existing which, if it had existed at the time of the
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| 23 | | original application for such license, would have
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| 24 | | warranted the Comptroller in refusing the issuance of
the |
| 25 | | license.
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| 26 | | (12) If an applicant or licensee engages in a lockout, |
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| | SB1787 Enrolled | - 3 - | LRB098 07430 HLH 37498 b |
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| 1 | | as defined in the Employment of Strikebreakers Act, and the |
| 2 | | Comptroller has reason to believe the lockout is negatively |
| 3 | | impacting the consumer. |
| 4 | | (b) Before refusal to issue or renew and before suspension |
| 5 | | or
revocation of a
license, the Comptroller shall hold a |
| 6 | | hearing to determine whether the
applicant or licensee, |
| 7 | | hereinafter referred to as the respondent, is entitled
to hold |
| 8 | | such a license. At least 10 days prior to the date set for such
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| 9 | | hearing, the Comptroller shall notify the respondent in writing |
| 10 | | that on the
date designated a hearing will be held to determine |
| 11 | | his eligibility for a
license and that he may appear in person |
| 12 | | or by counsel. Such written
notice may be served on the |
| 13 | | respondent personally, or by registered or
certified mail sent |
| 14 | | to the respondent's business address as shown in his
latest |
| 15 | | notification to the Comptroller. At the hearing, both the
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| 16 | | respondent and the complainant shall be accorded ample |
| 17 | | opportunity to
present in person or by counsel such statements, |
| 18 | | testimony, evidence and
argument as may be pertinent to the |
| 19 | | charges or to any defense thereto. The
Comptroller may |
| 20 | | reasonably continue such hearing from time to time.
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| 21 | | The Comptroller may subpoena any person or persons in this |
| 22 | | State and take
testimony orally, by deposition or by exhibit, |
| 23 | | in the same manner and with
the same fees and mileage |
| 24 | | allowances as prescribed in judicial proceedings
in civil |
| 25 | | cases.
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| 26 | | Any authorized agent of the Comptroller may administer |