Sec. 31. Attorney General enforcement.

456 words·~2 min read·/il/chapter-740/act-174/31

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

(a)Whenever the Attorney General has reasonable cause to believe that any person or entity has engaged in a practice prohibited by this Act, the Attorney General may, pursuant to the authority conferred by Section 6.3 of the Attorney General Act, initiate or intervene in a civil action in the name of the People of the State in any appropriate court to obtain appropriate relief.

(b)Before initiating an action, the Attorney General may conduct an investigation and may:

(1)require an individual or entity to file a statement or report in writing, under oath

or otherwise, as to all information the Attorney General may consider necessary;

(2)examine under oath any person alleged to have participated in, or with knowledge of,

the alleged violation; or

(3)issue subpoenas or conduct hearings in aid of any investigation.

(c)Service by the Attorney General of any notice requiring a person or entity to file a statement or report, or of a subpoena upon any person or entity, shall be made:

(1)personally by delivery of a duly executed copy thereof to the person to be served

or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed; or

(2)by mailing by certified mail a duly executed copy thereof to the person to be served

at his or her last known abode or principal place of business within this State or, if the person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed.

The Attorney General may compel compliance with investigative demands under this Section through an order by any court of competent jurisdiction.

(d)(1) In an action brought under this Act, the Attorney General may obtain, as a remedy, monetary damages to the State, restitution, and equitable relief, including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in a violation, or order any action as may be appropriate.

The Attorney General may request, and the court may grant, any remedy available under Section 30 of this Act to the employee or employees affected by the violation. Additionally, the Attorney General may request and the court may impose a civil penalty not to exceed $10,000 for each repeat violation within a 5-year period. For purposes of this Section, each violation of this Act for each employee that the employer took or threatened to take retaliatory action against shall constitute a separate and distinct violation.

(2)A civil penalty imposed under this subsection shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.