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225 ILCS 41/15-45
(225 ILCS 41/15-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15-45. Practice without license; injunction; cease and desist order;
civil penalties. (a) The practice of funeral
directing and embalming or funeral directing by any person who has not been
issued a license by the Department, whose license has been suspended or
revoked, or whose license has not been renewed is hereby declared to be
inimical to the public welfare and to constitute a public nuisance. 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 any county in which the violation is alleged to have occurred in the State of Illinois, apply for an
injunction in the circuit court to enjoin any person who has not been issued a
license or whose license has been suspended or revoked, or whose license has
not been renewed, from practicing funeral directing and embalming or funeral
directing. Upon the filing of a verified complaint in court, the court, if
satisfied by affidavit or otherwise that the person is or has
been practicing funeral directing and embalming or funeral directing without
having been issued a license or after his or her license has been suspended,
revoked, or not renewed, may issue a temporary restraining order or preliminary
injunction, without notice or bond, enjoining the defendant from further
practicing funeral directing and embalming or funeral directing. A copy of the
verified complaint shall be served upon the defendant and the proceedings shall
thereafter be conducted as in other civil cases. If it is established that the
defendant has been or is practicing funeral directing and embalming or funeral
directing without having been issued a license or has been or is practicing
funeral directing and embalming or funeral directing after his or her license
has been suspended, revoked, or not renewed, the court may enter a judgment
perpetually enjoining the defendant from further practicing funeral directing
and embalming or funeral directing. In case of violation of any injunction
entered under this Section, the court may summarily try and punish the offender
for contempt of court. Any injunction proceeding shall be in addition to, and
not in lieu of, all penalties and other remedies in this Code.
(b) Whenever, in the opinion of the Department, any person or other entity
violates any provision of this Code, the Department may issue a notice to show
cause why an order to cease and desist should not be entered against that
person or other entity. The rule shall clearly set forth the grounds relied
upon
by the Department and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to cease and desist
to be issued immediately.
(c) (Blank).
(Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1130, eff. 8-28-12.)
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