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Public Act 103-0683


 

Public Act 0683 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0683
 
HB4738 EnrolledLRB103 36086 RJT 66175 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Business and Vocational Schools Act
of 2012 is amended by adding Section 75.5 as follows:
 
    (105 ILCS 426/75.5 new)
    Sec. 75.5. Operating without a permit; cease and desist
order. The Board may issue a cease and desist order to any
school operating without the required permit of approval and
may impose a civil penalty for such a violation. Each day's
violation shall constitute a separate offense. The penalty for
such a violation shall be a fee or other conditions as
established by rule. A penalty fee may not exceed $10,000 per
violation. The Attorney General may bring an action in circuit
court to enforce the collection of the penalty fee.
    The cease and desist order shall be issued to the school,
shall contain the school's name and address and a brief
factual statement, and shall identify this Act and the
statutory citations of this Act allegedly violated and the
penalty, if any, imposed. The cease and desist order must
clearly state that the school may choose to request a hearing.
If the school does not request a hearing with the Board within
30 days after the cease and desist order is served, then the
cease and desist order shall become final and not subject to
appeal notwithstanding anything to the contrary under Section
85 of this Act.
 
    Section 10. The Private College Act is amended by adding
Section 14.20 and by changing Section 15 as follows:
 
    (110 ILCS 1005/14.20 new)
    Sec. 14.20. Operating without a certificate; cease and
desist order. The Board may issue a cease and desist order to
any post-secondary educational institution operating without
the required certificate of approval and may impose a civil
penalty for such a violation. Each day's violation shall
constitute a separate offense. The penalty for such a
violation shall be a fee or other conditions as established by
rule. A penalty fee may not exceed $10,000 per violation. The
Attorney General may bring an action in circuit court to
enforce the collection of the penalty fee.
    The cease and desist order shall be issued to the
institution, shall contain the institution's name and address
and a brief factual statement, and shall identify this Act and
the statutory citations of this Act allegedly violated and the
penalty, if any, imposed. The cease and desist order must
clearly state that the institution may choose to request a
hearing. If the institution does not request a hearing with
the Board within 30 days after the cease and desist order is
served, then the cease and desist order shall become final and
not subject to appeal notwithstanding anything to the contrary
under Section 12 of this Act.
 
    (110 ILCS 1005/15)  (from Ch. 144, par. 135)
    Sec. 15. Violations.
    (a) Any person violating any provision of this Act shall
be guilty of a petty offense and fined not less than $25 nor
more than $10,000. Each day's violation of any provision of
this Act shall constitute a separate offense.
    (b) Upon application of the Board's Executive Director,
the Attorney General, or any State's Attorney, the circuit
court of each county in which a violation of this Act or rules
has occurred shall have jurisdiction to enjoin such a
violation.
(Source: P.A. 103-288, eff. 7-28-23.)
 
    Section 15. The Academic Degree Act is amended by adding
Section 7.5 as follows:
 
    (110 ILCS 1010/7.5 new)
    Sec. 7.5. Cease and desist order. The Board may issue a
cease and desist order to any educational organization or
entity operating without the required authorization to operate
and grant degrees. The Board may impose a civil penalty for
such a violation. Each day's violation shall constitute a
separate offense. The penalty for such a violation shall be a
fee or other conditions as established by rule. A penalty fee
may not exceed $10,000 per violation. The Attorney General may
bring an action in circuit court to enforce the collection of
the penalty fee.
    The cease and desist order shall be issued to the
educational organization or entity, shall contain the name and
address of the educational organization or entity and a brief
factual statement, and shall identify this Act and the
statutory citations of this Act allegedly violated and the
penalty, if any, imposed. The cease and desist order must
state clearly that the educational organization or entity may
choose to request a hearing. If the educational organization
or entity does not request a hearing with the Board or its
designee within 30 days after the cease and desist order is
served, then the cease and desist order shall become final and
not subject to appeal notwithstanding anything to the contrary
under Section 10 of this Act.

Effective Date: 1/1/2025