(225 ILCS 51/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Cease and desist order.
(a) If any entity violates a provision of this Act, the Secretary
may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, petition for an
order enjoining the violation or for an order enforcing
compliance with this Act. Upon the filing of a verified petition
in court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently
enjoin the violation, and if it is established that the entity
has violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If an entity holds itself out as a provider of home medical equipment
and services without a license issued under this Act,
an interested party or any person injured thereby,
in addition to the Secretary, may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department an entity violates
a provision of this Act, the Department may issue a rule to
show cause why an order to cease and desist should not be entered
against the 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.
(Source: P.A. 95-703, eff. 12-31-07.)
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