(225 ILCS 70/18) (from Ch. 111, par. 3668)
(Section scheduled to be repealed on January 1, 2028)
Sec. 18. Cease and desist order.
(a) If any person who is not a licensed nursing home administrator
violates a provision of this Act, the
Secretary
may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois or the State's Attorney of
any county in which the action is brought, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon
the filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin such violation. If it is established that such
person has violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall practice as a nursing home administrator or hold
himself or herself out as a nursing home administrator without being
licensed under
the provisions of this Act, then any licensed nursing home administrator,
any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice nursing home
administration in this State without being licensed for that purpose shall
be guilty of a Class A misdemeanor and for each subsequent conviction
shall be guilty of a Class 4 felony.
(c) Whenever in the opinion of the Department any person not licensed in
good standing violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should not be entered
against him or her. The rule shall clearly set forth the grounds relied
upon by
the Department and shall provide a period of 7 working days from the date
of the rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 95-703, eff. 12-31-07.)
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