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(205 ILCS 665/20) (from Ch. 17, par. 5323)
Sec. 20. Cease and desist orders.
(a) The Secretary may issue a cease and desist order to any
licensee, or other person doing business without the required license, when in
the opinion of the Secretary, the licensee, or other person, is violating or is
about to violate any provision of the Act or any rule or condition imposed in
writing by the Department.
(b) The Secretary may issue a cease and desist order prior to a hearing.
(c) The Secretary shall serve notice of his action, including a statement of
the reasons for his action either personally or by certified mail, return
receipt requested. Service by mail shall be deemed completed if the notice is
deposited in the U.S. Mail.
(d) Within 10 days
after
service of the cease and desist order, the licensee or
other person may request, in writing, a hearing.
(e) The Secretary shall schedule either a status date or a hearing within 30 days after the request
for a hearing unless otherwise agreed to by the parties.
(g) If it is determined that the Secretary had the authority to issue the
cease and desist order, he may issue such orders as may be reasonably necessary
to correct, eliminate, or remedy such conduct.
(h) The powers vested in the Secretary by this Section are additional
to any and all other powers and remedies vested in the Secretary by law, and
nothing in this Section shall be construed as requiring that the Secretary shall
employ the power conferred in this Section instead of
or
as a condition precedent
to the exercise of any other power or remedy vested in the Secretary.
(i) The cost for the administrative hearing shall be set by rule and shall be borne by the respondent.
(Source: P.A. 96-1420, eff. 8-3-10.)
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