Full Text of HB4738 103rd General Assembly
HB4738eng 103RD GENERAL ASSEMBLY | | | HB4738 Engrossed | | LRB103 36086 RJT 66175 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Private Business and Vocational Schools Act | 5 | | of 2012 is amended by adding Section 75.5 as follows: | 6 | | (105 ILCS 426/75.5 new) | 7 | | Sec. 75.5. Operating without a permit; cease and desist | 8 | | order. The Board may issue a cease and desist order to any | 9 | | school operating without the required permit of approval and | 10 | | may impose a civil penalty for such a violation. Each day's | 11 | | violation shall constitute a separate offense. The penalty for | 12 | | such a violation shall be a fee or other conditions as | 13 | | established by rule. A penalty fee may not exceed $10,000 per | 14 | | violation. The Attorney General may bring an action in circuit | 15 | | court to enforce the collection of the penalty fee. | 16 | | The cease and desist order shall be issued to the school, | 17 | | shall contain the school's name and address and a brief | 18 | | factual statement, and shall identify this Act and the | 19 | | statutory citations of this Act allegedly violated and the | 20 | | penalty, if any, imposed. The cease and desist order must | 21 | | clearly state that the school may choose to request a hearing. | 22 | | If the school does not request a hearing with the Board within | 23 | | 30 days after the cease and desist order is served, then the |
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| 1 | | cease and desist order shall become final and not subject to | 2 | | appeal notwithstanding anything to the contrary under Section | 3 | | 85 of this Act. | 4 | | Section 10. The Private College Act is amended by adding | 5 | | Section 14.20 and by changing Section 15 as follows: | 6 | | (110 ILCS 1005/14.20 new) | 7 | | Sec. 14.20. Operating without a certificate; cease and | 8 | | desist order. The Board may issue a cease and desist order to | 9 | | any post-secondary educational institution operating without | 10 | | the required certificate of approval and may impose a civil | 11 | | penalty for such a violation. Each day's violation shall | 12 | | constitute a separate offense. The penalty for such a | 13 | | violation shall be a fee or other conditions as established by | 14 | | rule. A penalty fee may not exceed $10,000 per violation. The | 15 | | Attorney General may bring an action in circuit court to | 16 | | enforce the collection of the penalty fee. | 17 | | The cease and desist order shall be issued to the | 18 | | institution, shall contain the institution's name and address | 19 | | and a brief factual statement, and shall identify this Act and | 20 | | the statutory citations of this Act allegedly violated and the | 21 | | penalty, if any, imposed. The cease and desist order must | 22 | | clearly state that the institution may choose to request a | 23 | | hearing. If the institution does not request a hearing with | 24 | | the Board within 30 days after the cease and desist order is |
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| 1 | | served, then the cease and desist order shall become final and | 2 | | not subject to appeal notwithstanding anything to the contrary | 3 | | under Section 12 of this Act. | 4 | | (110 ILCS 1005/15) (from Ch. 144, par. 135) | 5 | | Sec. 15. Violations. | 6 | | (a) Any person violating any provision of this Act shall | 7 | | be guilty of a petty offense and fined not less than $25 nor | 8 | | more than $10,000. Each day's violation of any provision of | 9 | | this Act shall constitute a separate offense. | 10 | | (b) Upon application of the Board's Executive Director, | 11 | | the Attorney General, or any State's Attorney, the circuit | 12 | | court of each county in which a violation of this Act or rules | 13 | | has occurred shall have jurisdiction to enjoin such a | 14 | | violation. | 15 | | (Source: P.A. 103-288, eff. 7-28-23.) | 16 | | Section 15. The Academic Degree Act is amended by adding | 17 | | Section 7.5 as follows: | 18 | | (110 ILCS 1010/7.5 new) | 19 | | Sec. 7.5. Cease and desist order. The Board may issue a | 20 | | cease and desist order to any educational organization or | 21 | | entity operating without the required authorization to operate | 22 | | and grant degrees. The Board may impose a civil penalty for | 23 | | such a violation. Each day's violation shall constitute a |
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| 1 | | separate offense. The penalty for such a violation shall be a | 2 | | fee or other conditions as established by rule. A penalty fee | 3 | | may not exceed $10,000 per violation. The Attorney General may | 4 | | bring an action in circuit court to enforce the collection of | 5 | | the penalty fee. | 6 | | The cease and desist order shall be issued to the | 7 | | educational organization or entity, shall contain the name and | 8 | | address of the educational organization or entity and a brief | 9 | | factual statement, and shall identify this Act and the | 10 | | statutory citations of this Act allegedly violated and the | 11 | | penalty, if any, imposed. The cease and desist order must | 12 | | state clearly that the educational organization or entity may | 13 | | choose to request a hearing. If the educational organization | 14 | | or entity does not request a hearing with the Board or its | 15 | | designee within 30 days after the cease and desist order is | 16 | | served, then the cease and desist order shall become final and | 17 | | not subject to appeal notwithstanding anything to the contrary | 18 | | under Section 10 of this Act. |
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