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| 1 | AN ACT concerning education. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Private Business and Vocational Schools Act | ||||||
| 5 | of 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 | ||||||
| 8 | order. The Board may issue a cease and desist order to any | ||||||
| 9 | school operating without the required permit of approval and | ||||||
| 10 | may impose a civil penalty for such a violation. Each day's | ||||||
| 11 | violation shall constitute a separate offense. The penalty for | ||||||
| 12 | such a violation shall be a fee or other conditions as | ||||||
| 13 | established by rule. A penalty fee may not exceed $10,000 per | ||||||
| 14 | violation. The Attorney General may bring an action in circuit | ||||||
| 15 | court to enforce the collection of the penalty fee. | ||||||
| 16 | The cease and desist order shall be issued to the school, | ||||||
| 17 | shall contain the school's name and address and a brief | ||||||
| 18 | factual statement, and shall identify this Act and the | ||||||
| 19 | statutory citations of this Act allegedly violated and the | ||||||
| 20 | penalty, if any, imposed. The cease and desist order must | ||||||
| 21 | clearly state that the school may choose to request a hearing. | ||||||
| 22 | If the school does not request a hearing with the Board within | ||||||
| 23 | 30 days after the cease and desist order is served, then the | ||||||
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| 1 | cease and desist order shall become final and not subject to | ||||||
| 2 | appeal notwithstanding anything to the contrary under Section | ||||||
| 3 | 85 of this Act. | ||||||
| 4 | Section 10. The Private College Act is amended by adding | ||||||
| 5 | Section 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 | ||||||
| 8 | desist order. The Board may issue a cease and desist order to | ||||||
| 9 | any post-secondary educational institution operating without | ||||||
| 10 | the required certificate of approval and may impose a civil | ||||||
| 11 | penalty for such a violation. Each day's violation shall | ||||||
| 12 | constitute a separate offense. The penalty for such a | ||||||
| 13 | violation shall be a fee or other conditions as established by | ||||||
| 14 | rule. A penalty fee may not exceed $10,000 per violation. The | ||||||
| 15 | Attorney General may bring an action in circuit court to | ||||||
| 16 | enforce the collection of the penalty fee. | ||||||
| 17 | The cease and desist order shall be issued to the | ||||||
| 18 | institution, shall contain the institution's name and address | ||||||
| 19 | and a brief factual statement, and shall identify this Act and | ||||||
| 20 | the statutory citations of this Act allegedly violated and the | ||||||
| 21 | penalty, if any, imposed. The cease and desist order must | ||||||
| 22 | clearly state that the institution may choose to request a | ||||||
| 23 | hearing. If the institution does not request a hearing with | ||||||
| 24 | the Board within 30 days after the cease and desist order is | ||||||
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| 1 | served, then the cease and desist order shall become final and | ||||||
| 2 | not subject to appeal notwithstanding anything to the contrary | ||||||
| 3 | under 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 | ||||||
| 7 | be guilty of a petty offense and fined not less than $25 nor | ||||||
| 8 | more than $10,000. Each day's violation of any provision of | ||||||
| 9 | this Act shall constitute a separate offense. | ||||||
| 10 | (b) Upon application of the Board's Executive Director, | ||||||
| 11 | the Attorney General, or any State's Attorney, the circuit | ||||||
| 12 | court of each county in which a violation of this Act or rules | ||||||
| 13 | has occurred shall have jurisdiction to enjoin such a | ||||||
| 14 | violation. | ||||||
| 15 | (Source: P.A. 103-288, eff. 7-28-23.) | ||||||
| 16 | Section 15. The Academic Degree Act is amended by adding | ||||||
| 17 | Section 7.5 as follows: | ||||||
| 18 | (110 ILCS 1010/7.5 new) | ||||||
| 19 | Sec. 7.5. Cease and desist order. The Board may issue a | ||||||
| 20 | cease and desist order to any educational organization or | ||||||
| 21 | entity operating without the required authorization to operate | ||||||
| 22 | and grant degrees. The Board may impose a civil penalty for | ||||||
| 23 | such a violation. Each day's violation shall constitute a | ||||||
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| 1 | separate offense. The penalty for such a violation shall be a | ||||||
| 2 | fee or other conditions as established by rule. A penalty fee | ||||||
| 3 | may not exceed $10,000 per violation. The Attorney General may | ||||||
| 4 | bring an action in circuit court to enforce the collection of | ||||||
| 5 | the penalty fee. | ||||||
| 6 | The cease and desist order shall be issued to the | ||||||
| 7 | educational organization or entity, shall contain the name and | ||||||
| 8 | address of the educational organization or entity and a brief | ||||||
| 9 | factual statement, and shall identify this Act and the | ||||||
| 10 | statutory citations of this Act allegedly violated and the | ||||||
| 11 | penalty, if any, imposed. The cease and desist order must | ||||||
| 12 | state clearly that the educational organization or entity may | ||||||
| 13 | choose to request a hearing. If the educational organization | ||||||
| 14 | or entity does not request a hearing with the Board or its | ||||||
| 15 | designee within 30 days after the cease and desist order is | ||||||
| 16 | served, then the cease and desist order shall become final and | ||||||
| 17 | not subject to appeal notwithstanding anything to the contrary | ||||||
| 18 | under Section 10 of this Act. | ||||||