(225 ILCS 407/20-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-5. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to
practice as an auctioneer, an auction firm, or any
other licensee under this
Act without being licensed under this Act shall, in addition to any other
penalty provided by law,
pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as
determined by the Department. The civil penalty fine shall be assessed by the Department
after a hearing is held in
accordance with the
provisions set forth in this Act regarding a hearing for the discipline of a
license.
(b) The Department has the authority and power to investigate any and all
unlicensed
activity
pursuant to this Act.
(c) The civil penalty shall be paid within 60 days after the effective date of
the
order imposing
the civil penalty. The order shall constitute a judgment
and may be filed and
execution had thereon
in the same manner from any court of record.
(d) Conducting an auction or providing an auction service in Illinois
without
holding a valid
and current license under this Act is declared to be adverse to the public
welfare, to constitute a
public nuisance, and to cause irreparable harm to the public welfare. The Secretary, the
Attorney General, the State's Attorney of any county in the State, or any other
person may maintain
an action in the name of the People of the State of Illinois and may apply for
injunctive relief in any
circuit court to enjoin the person or entity from engaging in such practice.
Upon the filing of a verified petition in a circuit court, the court, if
satisfied by affidavit or
otherwise that the person or entity has been engaged in the practice of
auctioning without a valid and
current license, may enter a temporary restraining order without notice or bond
enjoining the
defendant from further practice. Only the showing of non-licensure, by
affidavit or otherwise, is
necessary in order for a temporary injunction to be issued. A copy of the
verified complaint shall
be served upon the defendant and the proceedings shall thereafter be conducted
as in other civil cases
except as modified by this Section. If it is established that the defendant
has been or is engaged in
unlawful practice, the court may enter an order or judgment perpetually
enjoining the defendant from
further practice. In all proceedings hereunder, the court, in its discretion,
may apportion the costs
among the parties interested in the action, including cost of filing the
complaint, service of process,
witness fees and expenses, court reporter charges, and reasonable attorneys'
fees. In case of violation
of any injunctive order entered under the provisions of this Section, the court
may summarily try and
punish the offender for contempt of court. These injunction proceedings shall
be in addition to, and
not in lieu of, all penalties and other remedies provided in this Act.
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
|