(225 ILCS 50/19) (from Ch. 111, par. 7419)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19.
Injunctions; civil penalties.
(a) The practice of fitting, dispensing, and servicing hearing
instruments by any person not at that time in possession of a
valid and current
license under this Act is hereby declared to be a Class
A misdemeanor.
The Director of the Department, through
the Attorney General or the State's Attorney of any county, may maintain
an action in the name of the people of the State of Illinois
and may apply
for an injunction in the circuit court to enjoin
such person from engaging
in such practice. Any person may apply for an injunction in the circuit
court to enjoin a person from engaging without a license in practices for which
a license is required under this Act. Upon the filing of a verified petition
in such court, the court, if satisfied by affidavit or otherwise, that such
person has been engaged in such practice without a current license
to do
so, may enter a temporary restraining order without notice or bond, enjoining
the defendant from such further practice. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall thereafter
be conducted as other civil cases. If it is established that the defendant
has been, or is engaged in any unlawful practice, the court may enter an
order or judgment perpetually enjoining the defendant from further such
practice. In all proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action, including
cost of filing the complaint, service of process, witness fees and
expenses, court reporter charges and reasonable attorneys fees. In case of
violation of any injunctive order entered pursuant to this Section, the
court, may try and punish the offender for contempt of court. Such
injunctive proceedings shall be in addition to all penalties and other
remedies in this Act. Any such costs that may accrue to the Department
shall be placed in the Fund.
(b) A person who engages in the selling of hearing
instruments or the practice
of
fitting, dispensing, or servicing hearing instruments or displays a sign,
advertises,
or represents himself or herself as a person who practices the fitting and
selling of hearing instruments without being licensed or exempt under this Act
shall,
in addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense, as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(c) The Department may investigate any actual, alleged, or suspected
unlicensed activity.
(d) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 89-72, eff. 12-31-95.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. Injunctions; civil penalties.
(a) The practice of prescribing, fitting, dispensing, and servicing hearing
instruments or hearing aids by any person not at that time in possession of a
valid and current
license under this Act is hereby declared to be a Class
A misdemeanor.
The Director of the Department, through
the Attorney General or the State's Attorney of any county, may maintain
an action in the name of the people of the State of Illinois
and may apply
for an injunction in the circuit court to enjoin
such person from engaging
in such practice. Any person may apply for an injunction in the circuit
court to enjoin a person from engaging without a license in practices for which
a license is required under this Act. Upon the filing of a verified petition
in such court, the court, if satisfied by affidavit or otherwise, that such
person has been engaged in such practice without a current license
to do
so, may enter a temporary restraining order without notice or bond, enjoining
the defendant from such further practice. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall thereafter
be conducted as other civil cases. If it is established that the defendant
has been, or is engaged in any unlawful practice, the court may enter an
order or judgment perpetually enjoining the defendant from further such
practice. In all proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action, including
cost of filing the complaint, service of process, witness fees and
expenses, court reporter charges and reasonable attorneys fees. In case of
violation of any injunctive order entered pursuant to this Section, the
court may try and punish the offender for contempt of court. Such
injunctive proceedings shall be in addition to all penalties and other
remedies in this Act. Any such costs that may accrue to the Department
shall be placed in the Fund.
(b) A person who engages in the selling of hearing
instruments or hearing aids or the practice
of
prescribing, fitting, dispensing, or servicing hearing instruments or hearing aids or displays a sign,
advertises,
or represents himself or herself as a person who practices the fitting and
selling of hearing instruments or hearing aids without being licensed or exempt under this Act
shall,
in addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense, as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(c) The Department may investigate any actual, alleged, or suspected
unlicensed activity.
(d) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 103-495, eff. 1-1-24.)
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