220 ILCS 5/4-202
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article IV - General Powers And Duties Of Commission - Intergovernmental Cooperation - Construction

 (from Ch. 111 2/3, par. 4-202)Sec. 4-202.     Action for injunction.     Whenever the Commission shall be of the opinion that any  public  utility is failing or omitting or about to fail or omit to do anything  required of it by law or by any order, decision, rule, regulation,  direction, or requirement of the Commission, issued or made under authority  of this Act, or is doing anything or about to do anything or permitting  anything or about to permit anything to be done contrary to or in  violation of law or any order, decision, rule, regulation, direction, or  requirement of the Commission, issued or made under authority of this Act,  the Commission shall file an action or proceeding in the circuit court  in and for the county in which the case or some part thereof arose, or in  which the person or corporation complained of, if any, has its principal  place of business, or in which the person complained of, if any, resides,  in the name of the People of the State of Illinois, for the purpose of  having the violation or threatened violation stopped and prevented, either  by mandamus or injunction.The Commission may express its opinion in a  resolution based upon whatever facts and evidence have come to its  attention and may issue the resolution ex parte and without holding any  administrative hearing before bringing suit. Except in cases involving an  imminent threat to the public health or public safety, no such resolution shall  be adopted until 48 hours after the public utility has been given notice of (i)  the substance of the alleged violation, including a citation to the law or  order,  decision, rule, regulation, or direction of the Commission alleged to have been  violated and (ii) the time and date of the meeting at which such resolution  will first be before the Commission for consideration.The Commission shall file the action or  proceeding by complaint in the circuit court alleging the violation or  threatened violation complained of and praying for appropriate relief by  way of mandamus or injunction.  It shall thereupon be the duty of the court  to specify a time, not exceeding 20 days after the service of the copy of  the complaint, within which the public utility complained of must answer  the complaint, and in the meantime said public utility may be restrained. In  case of default in answer, or after answer, the court shall immediately  inquire into the facts and circumstances of the case.  Such corporation or  persons as the court may deem necessary or proper to be joined as parties,  in order to make its judgment or order effective, may be joined as  parties.  The final judgment in any action or proceeding shall  either  dismiss the action or proceeding or grant relief by mandamus or  injunction or be made permanent as prayed for in the  complaint, or in  such modified or other form as will afford appropriate relief.  An appeal  may be taken from such final judgment as in other civil cases.    (Source: P.A. 93-457, eff. 8-8-03.)