410 ILCS 707/50: Cease and desist orders; mandatory recalls; consumer fraud.

(This Section may contain text from a Public Act with a delayed effective date)

(a) The Director may issue a cease and desist order to any person doing business without the required license or when in the opinion of the Director the person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Department, including the sale of products not in compliance with this Act. The cease and desist order permitted by this Section may be issued before a hearing.

(b) The Director shall serve notice of the Director's action, including, but not limited to, a statement of the reasons for the action, either personally, or by certified mail, or by regular mail. Service by certified or regular mail shall be deemed completed when the notice is deposited in the U.S. Mail.

(c) Within 10 calendar days after service of the cease and desist order, the licensee or other person may request a hearing in writing. The Director shall schedule a hearing within 90 days after the request for a hearing unless otherwise agreed to by the parties.

(d) If it is determined that the Director had the authority to issue the cease and desist order, the Director may issue such orders as may be reasonably necessary to correct, eliminate, or remedy the conduct.

(e) The Director may seek to compel compliance with the Cease and Desist Order in the circuit court through the Attorney General's Office. Any person in violation of a cease and desist order issued by the Department is subject to all penalties provided by law.

(f) The powers vested in the Director by this Section are in addition to any and all other powers and remedies vested in the Director by law, and nothing in this Section shall be construed as requiring that the Director shall 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 Director.

(g) Whenever the Department issues a mandatory recall under this Act, every person or retailer in possession of the recalled product shall, within the time specified in the recall order, remove the product from sale, segregate it from compliant inventory, and either return it to the manufacturer or distributor or hold it for destruction in accordance with Department instructions. A person or retailer that fails to comply with a mandatory recall order is subject to a civil penalty under rules adopted by the Department for each day the violation continues, and each non-compliant product retained in violation of the order constitutes a separate violation.

(h) When a product recalled under this Section has been finally determined by the Department to be non-compliant, the Director may petition the circuit court of the county in which the product is located for an order condemning the product and directing its destruction or other lawful disposition at the expense of the person or retailer in possession.

(i) The Department may adopt rules necessary to administer and enforce this Section, including rules establishing a schedule of presumptive civil penalties, procedures for stop-sale orders and embargoes, standards for manufacturer certifications of compliance, and procedures for mandatory recalls.

(j) The Attorney General may also enforce a violation of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.