(215 ILCS 5/500-140)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-140. Injunctive relief. A person required to be licensed under
this Article but failing to
obtain a valid and current license under this Article constitutes a public
nuisance. The Director
may report the failure to obtain a license to the Attorney General, whose duty
it is to apply
forthwith by complaint on relation of the Director in the name of the people of
the State of
Illinois, for injunctive relief in the circuit court of the county where the
failure to obtain a license
occurred to enjoin that person from acting in any capacity that requires such a license. Upon the
filing of a verified
petition in the court, the court, if satisfied by affidavit or otherwise that
the person is required to
have a license and does not
have a valid and current license, may enter a temporary restraining
order without notice or bond,
enjoining the defendant from acting in any capacity that requires such
license. A copy of the verified
complaint shall be served upon the defendant, and the
proceedings shall thereafter be
conducted as in other civil cases. If it is established that the
defendant has been, or is engaged
in any unlawful practice, the court may enter an order or
judgment perpetually enjoining the
defendant from further engaging in such practice. In all
proceedings brought under this Section,
the court, in its discretion, may apportion the costs
among the parties, including the cost of
filing the complaint, service of process, witness fees and
expenses, court reporter charges, and
reasonable attorney fees. In case of the 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. The injunctive relief
available
under this Section is in
addition to and not in lieu of all other penalties and remedies provided in
this Code.
(Source: P.A. 103-426, eff. 8-4-23.)
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