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| Public Act 103-0683 | ||||
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AN ACT concerning education. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Private Business and Vocational Schools Act | ||||
of 2012 is amended by adding Section 75.5 as follows: | ||||
(105 ILCS 426/75.5 new) | ||||
Sec. 75.5. Operating without a permit; cease and desist | ||||
order. The Board may issue a cease and desist order to any | ||||
school operating without the required permit of approval and | ||||
may impose a civil penalty for such a violation. Each day's | ||||
violation shall constitute a separate offense. The penalty for | ||||
such a violation shall be a fee or other conditions as | ||||
established by rule. A penalty fee may not exceed $10,000 per | ||||
violation. The Attorney General may bring an action in circuit | ||||
court to enforce the collection of the penalty fee. | ||||
The cease and desist order shall be issued to the school, | ||||
shall contain the school's name and address and a brief | ||||
factual statement, and shall identify this Act and the | ||||
statutory citations of this Act allegedly violated and the | ||||
penalty, if any, imposed. The cease and desist order must | ||||
clearly state that the school may choose to request a hearing. | ||||
If the school does not request a hearing with the Board within | ||||
30 days after the cease and desist order is served, then the | ||||
cease and desist order shall become final and not subject to | ||
appeal notwithstanding anything to the contrary under Section | ||
85 of this Act. | ||
Section 10. The Private College Act is amended by adding | ||
Section 14.20 and by changing Section 15 as follows: | ||
(110 ILCS 1005/14.20 new) | ||
Sec. 14.20. Operating without a certificate; cease and | ||
desist order. The Board may issue a cease and desist order to | ||
any post-secondary educational institution operating without | ||
the required certificate of approval and may impose a civil | ||
penalty for such a violation. Each day's violation shall | ||
constitute a separate offense. The penalty for such a | ||
violation shall be a fee or other conditions as established by | ||
rule. A penalty fee may not exceed $10,000 per violation. The | ||
Attorney General may bring an action in circuit court to | ||
enforce the collection of the penalty fee. | ||
The cease and desist order shall be issued to the | ||
institution, shall contain the institution's name and address | ||
and a brief factual statement, and shall identify this Act and | ||
the statutory citations of this Act allegedly violated and the | ||
penalty, if any, imposed. The cease and desist order must | ||
clearly state that the institution may choose to request a | ||
hearing. If the institution does not request a hearing with | ||
the Board within 30 days after the cease and desist order is | ||
served, then the cease and desist order shall become final and | ||
not subject to appeal notwithstanding anything to the contrary | ||
under Section 12 of this Act. | ||
(110 ILCS 1005/15) (from Ch. 144, par. 135) | ||
Sec. 15. Violations. | ||
(a) Any person violating any provision of this Act shall | ||
be guilty of a petty offense and fined not less than $25 nor | ||
more than $10,000. Each day's violation of any provision of | ||
this Act shall constitute a separate offense. | ||
(b) Upon application of the Board's Executive Director, | ||
the Attorney General, or any State's Attorney, the circuit | ||
court of each county in which a violation of this Act or rules | ||
has occurred shall have jurisdiction to enjoin such a | ||
violation. | ||
(Source: P.A. 103-288, eff. 7-28-23.) | ||
Section 15. The Academic Degree Act is amended by adding | ||
Section 7.5 as follows: | ||
(110 ILCS 1010/7.5 new) | ||
Sec. 7.5. Cease and desist order. The Board may issue a | ||
cease and desist order to any educational organization or | ||
entity operating without the required authorization to operate | ||
and grant degrees. The Board may impose a civil penalty for | ||
such a violation. Each day's violation shall constitute a | ||
separate offense. The penalty for such a violation shall be a | ||
fee or other conditions as established by rule. A penalty fee | ||
may not exceed $10,000 per violation. The Attorney General may | ||
bring an action in circuit court to enforce the collection of | ||
the penalty fee. | ||
The cease and desist order shall be issued to the | ||
educational organization or entity, shall contain the name and | ||
address of the educational organization or entity and a brief | ||
factual statement, and shall identify this Act and the | ||
statutory citations of this Act allegedly violated and the | ||
penalty, if any, imposed. The cease and desist order must | ||
state clearly that the educational organization or entity may | ||
choose to request a hearing. If the educational organization | ||
or entity does not request a hearing with the Board or its | ||
designee within 30 days after the cease and desist order is | ||
served, then the cease and desist order shall become final and | ||
not subject to appeal notwithstanding anything to the contrary | ||
under Section 10 of this Act. | ||