(225 ILCS 107/85)
(Section scheduled to be repealed on January 1, 2023)
Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the Secretary may,
in the name of the People of the State of Illinois, through the Attorney
General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a verified
petition, the court with appropriate jurisdiction may issue a temporary
restraining order without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person
has violated or is violating the injunction, the court may punish the
offender for contempt of court. Proceedings under this Section are in
addition to all other remedies and penalties provided by this Act.
(b) If any person holds himself or herself out as being a licensed
professional counselor or licensed clinical professional counselor under
this Act and is not licensed to do so, then any licensed professional
counselor, licensed clinical professional counselor, interested party, or
any person injured thereby may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against that person.
The rule shall clearly set forth the grounds relied upon by the Department
and shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the satisfaction of
the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 97-706, eff. 6-25-12.)