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815 ILCS 705/22
(815 ILCS 705/22) (from Ch. 121 1/2, par. 1722)
Sec. 22. Enforcement.
(a) The Administrator may suspend, terminate,
prohibit or deny the sale of any franchise or registration of any franchise
or salesperson if it appears to him that: (1) there has
been a failure to comply with any of the provisions of this Act or the rules
or orders of the Administrator pertaining thereto; or (2) that the disclosure
statement or any amendment thereto
includes any false or misleading statement of a material fact or omits to
state
any material fact required to be stated therein or necessary to make the
statements therein not misleading; or (3)
that the disclosure statement
filed in conjunction with an initial registration under
Section 10 is materially deficient. A disclosure statement is "materially
deficient" if it fails to comply with the requirements of Section 16;
or (4) that the sale of the
franchise would constitute
a misrepresentation, deceit or fraud upon prospective franchisees; or (5)
that any person in this State is engaging in or about to engage in false,
fraudulent or deceptive practices or any device, scheme, or artifice to defraud
in connection with the offer or sale of the franchise; or (6) that any person
identified in the disclosure statement or any person engaged in the offer
or sale of the franchise in this State has been convicted of an offense,
is subject to an order or civil judgment or is a defendant in a proceeding
required to be described in the disclosure statement and the involvement
of such person creates an unreasonable risk to prospective franchisees;
or (7) (blank); or (8) (blank); or (9) that the franchisor's enterprise
or method of business includes or would include activities which are illegal
where performed; or (10) (blank);
or (11) (blank).
In no case shall the Administrator, or any person designated by him, in
the administration of this Act, incur any official or personal liability by
issuing an order or other proceeding or by suspending, denying, prohibiting
or terminating the registration of a franchise broker or salesperson, or by
denying, suspending, terminating or prohibiting the registration of
franchises, or prohibiting the sale of franchises, or by suspending or
prohibiting any person from acting as a franchise broker or salesperson.
The Administrator may exercise any of the powers specified in Section 31 of
this Act.
(b) The Administrator, with such assistance as he may from
time to time request of the state's attorneys in the several counties, may
institute proceedings in the circuit court to prevent and restrain
violations of this Act or of any rule or order prescribed or issued under
this Act. In such a proceeding, the court shall determine whether a
violation has been committed, and shall enter such judgment or decree as it
considers necessary to remove the effects of any violation and to prevent
such violation from continuing or from being renewed in the future. The
court, in its discretion, may exercise all powers necessary for this
purpose, including, but not limited to, injunction, revocation, forfeiture
or suspension of the charter, franchise, certificate of authority or
privileges of any corporation, association, limited partnership or other
business organization operating under the laws of this State, dissolution
of domestic corporations or associations, suspension or termination of the
right of foreign corporations or associations to do business in this State,
or restitution or payment of damages by a franchisor to persons injured by
violations of this Act, including without limitation an award of reasonable
attorneys fees and costs.
(Source: P.A. 96-648, eff. 10-1-09.)
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