225 ILCS 407/20-5
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 407/ - Auction License Act.|Article 20 - Disciplinary Provisions

(Section scheduled to be repealed on January 1, 2030)Sec. 20-5. Unlicensed practice; civil penalty.(a) Any person who practices, offers to practice, attempts to practice, or  holds oneself out to  practice as an auctioneer, an auction firm, or any  other licensee under this  Act without being licensed under this Act shall, in addition to any other  penalty provided by law,  pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as  determined by the Department.  The civil penalty fine shall be assessed by the Department    after a hearing is held in  accordance with the  provisions set forth in this Act regarding a hearing for the discipline of a  license.(b) The Department has the authority and power to investigate any and all  unlicensed  activity  pursuant to this Act.(c) The civil penalty shall be paid within 60 days after the effective date of  the  order imposing  the civil penalty.  The order shall constitute a judgment    and may be filed and  execution had thereon  in the same manner from any court of record.(d) Conducting an auction or providing an auction service in Illinois  without  holding a valid  and current license under this Act is declared to be adverse to the public  welfare, to constitute a  public nuisance, and to cause irreparable harm to the public welfare.  The Secretary, the  Attorney General, the State's Attorney of any county in the State, or any other  person may maintain  an action in the name of the People of the State of Illinois and may apply for  injunctive relief in any  circuit court to enjoin the person or entity from engaging in such practice.Upon the filing of a verified petition in a circuit court, the court, if  satisfied by affidavit or  otherwise that the person or entity has been engaged in the practice of  auctioning without a valid and  current license, may enter a temporary restraining order without notice or bond  enjoining the  defendant from further practice.  Only the showing of non-licensure, by  affidavit or otherwise, is  necessary in order for a temporary injunction to be issued.  A copy of the  verified complaint shall  be served upon the defendant and the proceedings shall thereafter be conducted  as in other civil cases  except as modified by this Section.  If it is established that the defendant  has been or is engaged in  unlawful practice, the court may enter an order or judgment perpetually  enjoining the defendant from  further practice.  In all proceedings hereunder, the court, in its discretion,  may apportion the costs  among the parties interested in the action, including cost of filing the  complaint, service of process,  witness fees and expenses, court reporter charges, and reasonable attorneys'  fees.  In case of violation  of any injunctive order entered under the provisions of this Section, the court  may summarily try and  punish the offender for contempt of court.  These injunction proceedings shall  be in addition to, and  not in lieu of, all penalties and other remedies provided in this Act.  (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)