(205 ILCS 657/90)
(a) If it appears to the Director that a person
has committed or is about to commit a violation of this Act,
a rule promulgated under this Act, or an order of the Director, the Director
may apply to the circuit court for an order enjoining the person from violating
or continuing to violate this Act, the rule, or order and for
injunctive or other relief that the nature of the case may require and may,
in addition, request the court to assess a civil penalty up to $1,000
along with costs and attorney fees.
(b) If the Director finds, after an investigation that he considers
appropriate, that a licensee or other person is engaged in practices
contrary to this Act or to the rules promulgated under this Act, the Director
may issue an order directing the licensee or person to cease and desist the
violation. The Director may, in addition to or without the issuance of a cease
and desist order, assess an administrative penalty up to
$1,000 against a licensee for each violation of this Act or the rules
promulgated under this Act.
The issuance of an order under this Section shall not be a prerequisite to the
taking of any action by the Director under this or any other Section of this
Act. The Director shall serve notice of his action, including a statement of
the reasons for his actions, either personally or by certified mail, return
receipt requested. Service by mail shall be deemed completed if the notice is
deposited in the post office, postage paid, addressed to the last known address
for a license.
(c) In the case of the issuance of a cease and desist order or assessment
order, a hearing may be requested in writing within 30 days after the date of
service. The hearing shall be held at the time and place designated
by the Director in either the City of Springfield or the City of Chicago. The
Director and any administrative law judge designated by him shall have the
power to administer oaths and affirmations, subpoena witnesses and compel their
attendance, take evidence, authorize the taking of depositions, and require the
production of books, papers, correspondence, and other records or
information that he considers relevant or material to the inquiry.
(d) After the Director's final determination under a hearing under
this Section, a party to the proceedings whose interests are
affected by the Director's final determination shall be entitled to judicial
review of that final determination under the Administrative Review Law.
(e) The costs for administrative hearings shall be set by rule.
(f) Except as otherwise provided in this Act, a violation of
this Act shall subject to the party violating it to a fine of $1,000 for
(g) Each transaction in violation of this Act or the rules promulgated
under this Act and each day that a violation continues shall be a separate
(h) A person who engages in conduct requiring a license under this Act and
fails to obtain a license from the Director or knowingly makes a false
statement, misrepresentation, or false certification in an application,
financial statement, account record, report, or other document filed or
required to be maintained or filed under this Act or who knowingly makes a
false entry or omits a material entry in a document is guilty of a Class
(i) The Director is authorized to compromise, settle, and collect civil
penalties and administrative penalties, as set by rule, with any person for
violations of this Act or of any rule or order issued or
promulgated under this Act.
Any person who, without the required license, engages in conduct requiring a
under this Act shall be liable to the Department in an
amount equal to
the greater of (i) $5,000 or (ii) an amount of money accepted for transmission
amount equal to 3 times
amount accepted for transmission. The Department shall cause any funds so
recovered to be deposited in the TOMA Consumer Protection Fund.
(j) The Director may enter into consent orders at any time with a person
to resolve a matter arising under this Act. A consent order must be signed
by the person to whom it is issued and must indicate agreement to the terms
contained in it. A consent order need not constitute an admission by a
person that this Act or a rule or order issued or
promulgated under this Act has been violated, nor need it constitute a finding
by the Director that the person has violated this Act or a rule
or order promulgated under this Act.
(k) Notwithstanding the issuance of a consent order, the Director may seek
civil or criminal penalties or compromise civil penalties concerning matter
encompassed by the consent order unless the consent order by its terms
expressly precludes the Director from doing so.
(l) Appeals from all final orders and judgments entered by the circuit
under this Section in review of a decision of the Director may be taken as in
other civil actions by any party to the proceeding.
(Source: P.A. 93-535, eff. 1-1-04.)