(35 ILCS 135/6) (from Ch. 120, par. 453.36)
Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this
Act, revoke, cancel or suspend the license of any distributor or secondary distributor for the
violation of any provision of this Act, or for non-compliance with any
provision herein contained, or for any non-compliance with any lawful rule
or regulation promulgated by the Department under Section 21 of this Act,
or because the licensee is determined to be ineligible for a distributor's
license for any one or more of the reasons provided for in Section 4 of
this Act, or because the licensee is determined to be ineligible for a secondary distributor's license for any one or more of the reasons provided for in Section 4b or Section 7a of this Act. However, no such license shall be revoked, canceled or suspended,
except after a hearing by the Department with notice to the distributor or secondary distributor, as
aforesaid, and affording such distributor or secondary distributor a reasonable opportunity to
appear and defend, and any distributor or secondary distributor aggrieved by any decision of the
Department with respect thereto may have the determination of the
Department judicially reviewed, as herein provided.
The Department may revoke, cancel, or suspend the license of any
distributor for a violation of the Tobacco Product Manufacturers' Escrow
Enforcement Act as provided in Section 30 of that Act. The Department may revoke, cancel, or suspend the license of any secondary distributor for a violation of subsection (e) of Section 15 of the Tobacco Product Manufacturers' Escrow Enforcement Act.
Any distributor or secondary distributor aggrieved by any decision of the Department under this
Section
may, within 20 days after notice of the decision, protest and request a
hearing. Upon receiving a request for a hearing, the Department shall give
notice in writing to the distributor or secondary distributor requesting the hearing that contains a
statement of the charges preferred against the distributor or secondary distributor and that states the
time and place fixed for the hearing. The Department shall hold the hearing in
conformity with the provisions of this Act and then issue its final
administrative decision in the matter to the distributor or secondary distributor. In the absence of a
protest and request for a hearing within 20 days, the Department's decision
shall become final without any further determination being made or notice
given.
No license so revoked, shall be reissued to any such
distributor or secondary distributor within a period of 6 months after the date of the final
determination of such revocation. No such license shall be reissued at all
so long as the person who would receive the license is ineligible to
receive a distributor's license under this Act for any one or more of the
reasons provided for in Section 4 of this Act or is ineligible to receive a secondary distributor's license under this Act for any one or more of the reasons provided for in Section 4b and Section 7a of this Act.
The Department upon complaint filed in the circuit court may by injunction
restrain any person who fails, or refuses, to comply with
this Act from acting as a distributor or secondary distributor of cigarettes in this State.
(Source: P.A. 96-1027, eff. 7-12-10.)
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