Illinois Administrative Code Title 14 - COMMERCE
Overview
Title 14 of the Illinois Administrative Code encompasses regulations governing various aspects of commerce within the state. This title is primarily administered by the Illinois Commerce Commission (ICC), which oversees public utilities, transportation, and other commerce-related activities to ensure fair practices and consumer protection.
Key Parts of Title 14
1. Part 100 - Electronic Commerce Security Act
Purpose: Establishes guidelines for the certification of electronic commerce security procedures.
Key Provisions:
Certification of Security Procedures: Specifies the process by which entities can certify their electronic commerce security measures.
Agency Utilization: Outlines how state agencies should utilize certified security procedures in electronic transactions.
2. Part 105 - Electronic Commerce Security Act (Repealed)
Purpose: Previously provided additional regulations related to electronic commerce security.
Status: This part has been repealed and is no longer in effect.
3. Part 110 - High Technology School-to-Work Program
Purpose: Facilitates the transition from school to work in high-technology sectors.
Key Provisions:
Program Administration: Details the administration of the school-to-work program, including eligibility and application processes.
Partnerships: Encourages partnerships between schools and high-tech industries to provide students with real-world experience.
4. Part 120 - Manufacturing Illinois Chips for Real Opportunity (MICRO) Act
Purpose: Promotes the development of semiconductor manufacturing in Illinois.
Key Provisions:
Program Goals: Aims to attract and retain semiconductor manufacturing facilities in the state.
Incentives: Provides incentives for companies investing in semiconductor manufacturing infrastructure.
5. Part 125 - Invest in Illinois Incentive Program
Purpose: Offers incentives to businesses investing in Illinois.
Key Provisions:
Eligibility: Defines criteria for businesses to qualify for incentives.
Incentive Types: Details the types of incentives available, such as tax credits and grants.
6. Part 130 - Regulations Under Illinois Securities Law of 1953
Purpose: Governs the issuance and regulation of securities in Illinois.
Key Provisions:
Registration: Outlines the process for registering securities offerings.
Exemptions: Specifies exemptions from registration requirements.
7. Part 135 - Regulations Under the Business Opportunity Sales Law of 1995
Purpose: Regulates the sale of business opportunities in Illinois.
Key Provisions:
Disclosure Requirements: Mandates disclosures to prospective buyers of business opportunities.
Registration: Requires certain business opportunities to be registered with the state.
8. Part 140 - Regulations Under the Illinois Business Brokers Act of 1995
Purpose: Governs the activities of business brokers in Illinois.
Key Provisions:
Licensing: Details the licensing requirements for business brokers.
Conduct Standards: Establishes standards of conduct for business brokers.
9. Part 145 - Regulations Under the Illinois Loan Brokers Act of 1995
Purpose: Regulates the activities of loan brokers in Illinois.
Key Provisions:
Licensing: Specifies licensing requirements for loan brokers.
Disclosure: Requires disclosures to consumers regarding loan terms.
10. Part 150 - Business Corporation Act
Purpose: Governs the formation and operation of business corporations in Illinois.
Key Provisions:
Incorporation: Outlines the process for incorporating a business in Illinois.
Corporate Governance: Specifies requirements for corporate governance and shareholder rights.
11. Part 160 - General Not for Profit Corporations
Purpose: Regulates the formation and operation of not-for-profit corporations in Illinois.
Key Provisions:
Incorporation: Details the process for forming a not-for-profit corporation.
Governance: Specifies governance requirements for not-for-profit entities.
12. Part 165 - Uniform Partnership Act (Repealed)
Purpose: Previously governed the formation and operation of partnerships in Illinois.
Status: This part has been repealed and is no longer in effect.
13. Part 166 - Uniform Partnership Act (1997)
Purpose: Governs the formation and operation of partnerships in Illinois.
Key Provisions:
Formation: Outlines the process for forming a partnership.
Partnership Rights and Duties: Specifies the rights and duties of partners.
14. Part 170 - Revised Uniform Limited Partnership Act (Repealed)
Purpose: Previously governed the formation and operation of limited partnerships in Illinois.
Status: This part has been repealed and is no longer in effect.
Case Law and Legal Precedents
While specific case law directly interpreting Title 14 is limited, several significant cases have addressed issues related to the powers and duties of the Illinois Commerce Commission (ICC):
Illinois Commerce Commission v. Illinois Bell Telephone Company: This case involved the ICC's authority to regulate telecommunications services and set rates, affirming the commission's broad regulatory powers under the Illinois Public Utilities Act.
People ex rel. Illinois Commerce Commission v. Commonwealth Edison Company: The court upheld the ICC's decision to impose penalties on Commonwealth Edison for failing to meet service reliability standards, reinforcing the commission's enforcement authority.
Illinois Commerce Commission v. Ameren Illinois Company: This case addressed the ICC's role in approving utility rate increases, highlighting the commission's responsibility to balance utility company needs with consumer protection.
Conclusion
Title 14 of the Illinois Administrative Code provides a comprehensive regulatory framework for various aspects of commerce within the state. Through its detailed provisions on electronic commerce, business operations, and corporate governance, Title 14 ensures that Illinois maintains a fair and competitive business environment. While specific case law directly interpreting Title 14 is limited, the principles established in the code align with broader legal precedents concerning administrative procedures and regulatory authority in Illinois.
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