HB4738 EnrolledLRB103 36086 RJT 66175 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private Business and Vocational Schools Act
5of 2012 is amended by adding Section 75.5 as follows:
 
6    (105 ILCS 426/75.5 new)
7    Sec. 75.5. Operating without a permit; cease and desist
8order. The Board may issue a cease and desist order to any
9school operating without the required permit of approval and
10may impose a civil penalty for such a violation. Each day's
11violation shall constitute a separate offense. The penalty for
12such a violation shall be a fee or other conditions as
13established by rule. A penalty fee may not exceed $10,000 per
14violation. The Attorney General may bring an action in circuit
15court to enforce the collection of the penalty fee.
16    The cease and desist order shall be issued to the school,
17shall contain the school's name and address and a brief
18factual statement, and shall identify this Act and the
19statutory citations of this Act allegedly violated and the
20penalty, if any, imposed. The cease and desist order must
21clearly state that the school may choose to request a hearing.
22If the school does not request a hearing with the Board within
2330 days after the cease and desist order is served, then the

 

 

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1cease and desist order shall become final and not subject to
2appeal notwithstanding anything to the contrary under Section
385 of this Act.
 
4    Section 10. The Private College Act is amended by adding
5Section 14.20 and by changing Section 15 as follows:
 
6    (110 ILCS 1005/14.20 new)
7    Sec. 14.20. Operating without a certificate; cease and
8desist order. The Board may issue a cease and desist order to
9any post-secondary educational institution operating without
10the required certificate of approval and may impose a civil
11penalty for such a violation. Each day's violation shall
12constitute a separate offense. The penalty for such a
13violation shall be a fee or other conditions as established by
14rule. A penalty fee may not exceed $10,000 per violation. The
15Attorney General may bring an action in circuit court to
16enforce the collection of the penalty fee.
17    The cease and desist order shall be issued to the
18institution, shall contain the institution's name and address
19and a brief factual statement, and shall identify this Act and
20the statutory citations of this Act allegedly violated and the
21penalty, if any, imposed. The cease and desist order must
22clearly state that the institution may choose to request a
23hearing. If the institution does not request a hearing with
24the Board within 30 days after the cease and desist order is

 

 

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1served, then the cease and desist order shall become final and
2not subject to appeal notwithstanding anything to the contrary
3under Section 12 of this Act.
 
4    (110 ILCS 1005/15)  (from Ch. 144, par. 135)
5    Sec. 15. Violations.
6    (a) Any person violating any provision of this Act shall
7be guilty of a petty offense and fined not less than $25 nor
8more than $10,000. Each day's violation of any provision of
9this Act shall constitute a separate offense.
10    (b) Upon application of the Board's Executive Director,
11the Attorney General, or any State's Attorney, the circuit
12court of each county in which a violation of this Act or rules
13has occurred shall have jurisdiction to enjoin such a
14violation.
15(Source: P.A. 103-288, eff. 7-28-23.)
 
16    Section 15. The Academic Degree Act is amended by adding
17Section 7.5 as follows:
 
18    (110 ILCS 1010/7.5 new)
19    Sec. 7.5. Cease and desist order. The Board may issue a
20cease and desist order to any educational organization or
21entity operating without the required authorization to operate
22and grant degrees. The Board may impose a civil penalty for
23such a violation. Each day's violation shall constitute a

 

 

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1separate offense. The penalty for such a violation shall be a
2fee or other conditions as established by rule. A penalty fee
3may not exceed $10,000 per violation. The Attorney General may
4bring an action in circuit court to enforce the collection of
5the penalty fee.
6    The cease and desist order shall be issued to the
7educational organization or entity, shall contain the name and
8address of the educational organization or entity and a brief
9factual statement, and shall identify this Act and the
10statutory citations of this Act allegedly violated and the
11penalty, if any, imposed. The cease and desist order must
12state clearly that the educational organization or entity may
13choose to request a hearing. If the educational organization
14or entity does not request a hearing with the Board or its
15designee within 30 days after the cease and desist order is
16served, then the cease and desist order shall become final and
17not subject to appeal notwithstanding anything to the contrary
18under Section 10 of this Act.