Sec. 20.5. Cease and desist.

327 words·~1 min read·/il/chapter-205/act-670/20-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Director may issue a cease and desist order to any licensee, or other person or entity doing business without the required license, when in the opinion of the Director, the licensee, or other person or entity, has violated, is violating, or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Department as a condition of granting any authorization permitted by this Act.

(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. 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 licensee or other person may request, in writing, a hearing.

(e)The Director shall schedule a preliminary 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 power 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.