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220 ILCS 5/13-303
(220 ILCS 5/13-303)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-303. Action to enforce law or orders. Whenever the Commission
is of the opinion that a telecommunications carrier is failing or
omitting, or is about to fail or omit, to do anything required of it by law or
by an order, decision, rule, regulation, direction, or requirement of the
Commission or is doing or permitting anything to be done, or is about to do
anything or is about to permit anything to be done, contrary to or in violation
of law or an order, decision, rule, regulation, direction, or requirement of
the Commission, the Commission shall file an action or proceeding in the
circuit court in and for the county in which the case or some part thereof
arose or in which the telecommunications carrier complained of has its
principal place of business,
in the name of the People of the State of Illinois for the purpose of
having the violation or threatened violation stopped and prevented either by
mandamus or injunction. The Commission may express its opinion in a resolution
based upon whatever factual information has come to its attention and may
issue the resolution ex parte and without holding any administrative hearing
before bringing suit. Except in cases involving an imminent threat to the
public health and safety, no such resolution shall be adopted until 48 hours
after the telecommunications carrier has been given notice of (i) the substance
of the alleged violation, including citation to the law, order, decision, rule,
regulation, or direction of the Commission alleged to have been violated and
(ii) the time and the date of the meeting at which such resolution will first
be before the Commission for consideration.
The Commission shall file the action or proceeding by complaint in the
circuit court alleging the violation or threatened violation complained of
and praying for appropriate relief by way of mandamus or injunction. It shall
be the duty of the court to specify a time, not exceeding 20 days
after the service of the copy of the complaint, within which the
telecommunications carrier complained of must answer the complaint, and in the
meantime the telecommunications carrier may be restrained. In case of default
in answer or after answer, the court shall immediately inquire into the facts
and circumstances of the case. The telecommunications carrier and persons that
the court may
deem necessary or proper may be joined as parties. The final judgment in any
action or proceeding shall either dismiss the action or proceeding or grant
relief by mandamus or injunction as prayed for in the complaint, or in such
modified or other form as will afford appropriate relief in the court's
judgment.
(Source: P.A. 100-20, eff. 7-1-17 .)
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