Illinois Compiled Statutes 225 ILCS 217/10 – License requirement; injunction; cease and desist order
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(a) No person shall act as a fire equipment distributor or employee, or advertise or assume to act as such, or use any title implying that such person is engaged in such practice or occupation unless licensed by the State Fire Marshal.
No firm, association, or corporation shall act as an agency licensed under this Act, or advertise or assume to act as such, or use any title implying that the firm, association, or corporation is engaged in such practice, unless licensed by the State Fire Marshal.
(b) The State Fire Marshal, in the name of the People and through the Attorney General, the State’s Attorney of any county, any interested resident of the State, or any interested legal entity within the State, may petition the court with appropriate jurisdiction for an order seeking injunctive relief to enjoin from practicing a licensed activity in violation of this Act any person, firm, association, or corporation who has not been issued a license, or whose license has been suspended, revoked, or not renewed. If any person, firm, association, or corporation holds itself out as being a licensee under this Act and is not licensed to do so, then any licensee, interested party, or any person injured thereby may petition for relief as provided in this Section. Upon the filing of a verified complaint, a copy shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. The court with appropriate jurisdiction may issue a temporary restraining order without notice or bond. If it is established that the defendant has been or is practicing in violation of this Act, the court may enter a judgment permanently enjoining the defendant from such further activity. In case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act.
(c) The Office may issue a cease and desist order to any licensee or other person doing business without the required license, when, in the opinion of the Office, the licensee or other person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Office. The cease and desist order shall specify the activity or activities that the Office is seeking the licensee or other person doing business without the required license to cease and desist.
The cease and desist order permitted by this Section may be issued prior to a hearing.
The Office shall serve a notice of the Office’s action, including, but not limited to, a statement of reasons for the action, either personally or by certified mail, and a return receipt requested. Service by certified mail shall be deemed completed (i) when the notice is deposited in the United States mail, received, or delivery is refused or (ii) one business day after the United States Postal Service has attempted delivery, whichever is earlier.
Within 10 days after service of a cease and desist order, the licensee or other person may request, in writing, a hearing. The Office shall schedule a hearing within 30 days after the request for a hearing unless otherwise agreed to by the parties.
If it is determined that the Office has the authority to issue the cease and desist order, the Office may issue the order as reasonably necessary to correct, eliminate, or remedy the conduct.
Any person in violation of a cease and desist order entered by the State Fire Marshal shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.
The powers vested in the Office by this Section are additional to any and all other powers and remedies vested in the Office by law, and nothing in this Section shall be construed as requiring the Office to employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Office.
The licensee, or other person doing business without the required license, shall pay the actual costs of the hearing.
(d) The State Fire Marshal may refuse to issue a license to, or may suspend the license of, any person or business entity that is not in good standing with the Department of Revenue until the person or business entity is in good standing with the Department of Revenue.
No firm, association, or corporation shall act as an agency licensed under this Act, or advertise or assume to act as such, or use any title implying that the firm, association, or corporation is engaged in such practice, unless licensed by the State Fire Marshal.
Terms Used In Illinois Compiled Statutes 225 ILCS 217/10
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(b) The State Fire Marshal, in the name of the People and through the Attorney General, the State’s Attorney of any county, any interested resident of the State, or any interested legal entity within the State, may petition the court with appropriate jurisdiction for an order seeking injunctive relief to enjoin from practicing a licensed activity in violation of this Act any person, firm, association, or corporation who has not been issued a license, or whose license has been suspended, revoked, or not renewed. If any person, firm, association, or corporation holds itself out as being a licensee under this Act and is not licensed to do so, then any licensee, interested party, or any person injured thereby may petition for relief as provided in this Section. Upon the filing of a verified complaint, a copy shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. The court with appropriate jurisdiction may issue a temporary restraining order without notice or bond. If it is established that the defendant has been or is practicing in violation of this Act, the court may enter a judgment permanently enjoining the defendant from such further activity. In case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act.
(c) The Office may issue a cease and desist order to any licensee or other person doing business without the required license, when, in the opinion of the Office, the licensee or other person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Office. The cease and desist order shall specify the activity or activities that the Office is seeking the licensee or other person doing business without the required license to cease and desist.
The cease and desist order permitted by this Section may be issued prior to a hearing.
The Office shall serve a notice of the Office’s action, including, but not limited to, a statement of reasons for the action, either personally or by certified mail, and a return receipt requested. Service by certified mail shall be deemed completed (i) when the notice is deposited in the United States mail, received, or delivery is refused or (ii) one business day after the United States Postal Service has attempted delivery, whichever is earlier.
Within 10 days after service of a cease and desist order, the licensee or other person may request, in writing, a hearing. The Office shall schedule a hearing within 30 days after the request for a hearing unless otherwise agreed to by the parties.
If it is determined that the Office has the authority to issue the cease and desist order, the Office may issue the order as reasonably necessary to correct, eliminate, or remedy the conduct.
Any person in violation of a cease and desist order entered by the State Fire Marshal shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.
The powers vested in the Office by this Section are additional to any and all other powers and remedies vested in the Office by law, and nothing in this Section shall be construed as requiring the Office to employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Office.
The licensee, or other person doing business without the required license, shall pay the actual costs of the hearing.
(d) The State Fire Marshal may refuse to issue a license to, or may suspend the license of, any person or business entity that is not in good standing with the Department of Revenue until the person or business entity is in good standing with the Department of Revenue.