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(205 ILCS 660/16.5)
Sec. 16.5.
Cease and desist orders.
(a) The Director may issue a cease and desist order to a sales finance
agency or other person doing business without the required license when, in the
opinion of the director, the licensee or other person is violating or is
about to violate any provision of this Act or any law, rule,
or requirement imposed in writing by the Department.
(b) The Director may issue a cease and desist order prior to a hearing.
(c) The Director shall serve notice of his or her action, designated as a
cease and
desist order made pursuant to this Section, including a statement of the
reasons for the action, either personally or by certified mail, return
receipt requested. Service by certified mail shall be deemed completed when
the notice is deposited in the U.S. mail.
(d) Within 15 days of service of the cease and desist order, the sales
finance agency or other person may request, in writing, a hearing.
(e) The Director shall schedule a hearing within 30 days after the request
for a hearing unless otherwise agreed to by the parties.
(f) The Director shall have the authority to prescribe rules for the
administration of this Section.
(g) If it is determined that the Director had the authority to issue the
cease and desist order, he or she may issue such orders as may be reasonably
necessary to correct, eliminate, or remedy such conduct.
(h) The powers vested in the Director by this Section are additional to any
and all other powers and remedies vested in the Director by law, and nothing in
this Section shall be construed as requiring that the Director shall employ the
powers conferred in this Section instead of or as a condition precedent to the
exercise of any other power or remedy vested in the Director.
(i) The cost for the administrative hearing shall be set by rule.
(Source: P.A. 90-437, eff. 1-1-98.)
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