(35 ILCS 635/24)
Sec. 24.
Certificate actions.
The Department may,
after notice and a hearing, revoke, cancel, or suspend the
certificate of registration of any telecommunications retailer
who violates any of the provisions of this Act or regulations
promulgated thereunder. The notice shall specify the alleged
violation or violations upon which the revocation, cancellation,
or suspension proceeding is based.
The Department may, after notice and a hearing as provided
herein, revoke the certificate of registration of any person who
violates any of the provisions of this Act. Before revocation of
a certificate of registration the Department shall, within 90
days after non-compliance and at least 7 days prior to the date
of the hearing, give the person so accused notice in writing of
the charge against him or her, and on the date designated shall
conduct a hearing upon this matter. The lapse of such 90 day
period shall not preclude the Department from conducting
revocation proceedings at a later date if necessary. Any hearing
held under this Section shall be conducted by the Director of
Revenue or by any officer or employee of the Department
designated, in writing, by the Director of Revenue.
Upon the hearing of any such proceeding, the Director of
Revenue, or any officer or employee of the Department designated,
in writing, by the Director of Revenue, may administer oaths and
the Department may procure by its subpoena the attendance of
witnesses and, by its subpoena duces tecum, the production of
relevant books and papers. Any circuit court, upon application
either of the accused or of the Department, may, by order duly
entered, require the attendance of witnesses and the production
of relevant books and papers, before the Department in any
hearing relating to the revocation of certificates of
registration. Upon refusal or neglect to obey the order of the
court, the court may compel obedience thereof by proceedings for
contempt.
The Department may, by application to any circuit court,
obtain an injunction restraining any person who engages in
business as a telecommunications retailer without a certificate
(either because his or her certificate has been revoked,
canceled, or suspended or because of a failure to obtain a
certificate in the first instance) from engaging in that business
until that person, as if that person were a new applicant for a
certificate, complies with all of the conditions, restrictions,
and requirements of Section 22 of this Act and qualifies for
and obtains a certificate. Refusal or neglect to obey the order
of the court may result in punishment for contempt.
(Source: P.A. 90-562, eff. 12-16-97.)
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