Illinois Compiled Statutes
410 ILCS 705/55-40 (2026)
Enforcement
✓ current as of May 2026
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(410 ILCS 705/55-40)
Sec. 55-40. Enforcement. (a) If the Department of Agriculture, Illinois State Police, Department of Financial and Professional Regulation, Department of Commerce and Economic Opportunity, or Department of Revenue fails to adopt rules to implement this Act within the times provided in this Act, any citizen may commence a mandamus action in the circuit court to compel the agencies to perform the actions mandated under Section 55-35. (b) If the Department of Agriculture or the Department of Financial and Professional Regulation fails to issue a valid agent identification card in response to a valid initial application or renewal application submitted under this Act or fails to issue a verbal or written notice of denial of the application within 30 days of its submission, the agent identification card is deemed granted and a copy of the agent identification initial application or renewal application shall be deemed a valid agent identification card. (c) Authorized employees of State or local law enforcement agencies shall immediately notify the Department of Agriculture and the Department of Financial and Professional Regulation when any person in possession of an agent identification card has been convicted of or pled guilty to violating this Act.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Smith v. The Dep't of Agric., 2024 IL App (4th) 230537-U (Ill. App. Ct. 2024).
Smith v. The Dep't of Agric., 2024 IL App (4th) 230537-U (Ill. App. Ct. 2024). “” 410 ILCS 705/55-40 (West 2022). Pursuant to section 55-35(a) the Department was mandated to “adopt permanent rules in accordance with [its] responsibilities under this Act.”
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