(505 ILCS 120/55) (from Ch. 5, par. 2801-55)
Sec. 55.
Violations and prosecutions.
(a) Every person who individually or through an agent or employee
violates any provision of this Act or its rules is guilty of a business
offense and shall be fined not less than $1,000 plus all costs for each
violation. If the Director finds that a person has violated any provision
of this Act, the Director may institute a proceeding in the circuit court
of the county in which the violation occurred by filing with the State's
Attorney of that county any evidence deemed necessary for prosecution under
this Act. No proceeding under this subsection shall be instituted, however,
without the defendant first having been given the opportunity to appear
before the Director to introduce evidence on his or her behalf at a private
hearing. After the private hearing, or if the defendant or his or her agent
or attorney fails or refuses to appear, the Director shall proceed to
institute an action under this subsection if he or she is of the
opinion that the evidence warrants prosecution.
(b) The State's Attorney of the county in which the violation occurred or
the Attorney General, as the case may be, shall immediately institute
proceedings against any person charged with a violation if, in the
judgment of the State's Attorney or Attorney General, the evidence submitted
warrants that action. After judgment by the court in any case arising under
this Act, the Director shall, in his or her discretion, publish information
pertinent to the judgment issued by the court in any media he or she may
designate.
(Source: P.A. 87-394.)
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