225 ILCS 41/15-45
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 41/ - Funeral Directors and Embalmers Licensing Code.|Article 15 - Administration And Enforcement

(Section scheduled to be repealed on January 1, 2023)Sec. 15-45. Practice without license; injunction; cease and desist order;  civil penalties.(a) The practice of funeral  directing and embalming or funeral directing by any person who has not been  issued a license by the Department, whose license has been suspended or  revoked, or whose license has not been renewed is hereby declared to be  inimical to the public welfare and to constitute a public nuisance. The Secretary   may, in the name of the People of the State  of Illinois through the Attorney General of the State of Illinois, or the  State's Attorney of any county in which the violation is alleged to have occurred in the State of Illinois, apply for an  injunction in the circuit court to enjoin any person who has not been issued a  license or whose license has been suspended or revoked, or whose license has  not been renewed, from practicing funeral directing and embalming or funeral  directing. Upon the filing of a verified complaint in court, the court, if  satisfied by affidavit or otherwise that the person is or has  been practicing funeral directing and embalming or funeral directing without  having been issued a license or after his or her license has been suspended,  revoked, or not renewed, may issue a temporary restraining order or preliminary  injunction, without notice or bond, enjoining the defendant from further  practicing funeral directing and embalming or funeral directing. A copy of the  verified complaint shall be served upon the defendant and the proceedings shall  thereafter be conducted as in other civil cases. If it is established that the  defendant has been or is practicing funeral directing and embalming or funeral  directing without having been issued a license or has been or is practicing  funeral directing and embalming or funeral directing after his or her license  has been suspended, revoked, or not renewed, the court may enter a judgment  perpetually enjoining the defendant from further practicing funeral directing  and embalming or funeral directing. In case of violation of any injunction  entered under this Section, the court may summarily try and punish the offender  for contempt of court. Any injunction proceeding shall be in addition to, and  not in lieu of, all penalties and other remedies in this Code.(b) Whenever, in the opinion of the Department, any person or other entity  violates any provision of this Code, the Department may issue a notice to show  cause why an order to cease and desist should not be entered against that  person or other entity. The rule shall clearly set forth the grounds relied  upon  by the Department and shall provide a period of 7 days from the date of the  rule to file an answer to the satisfaction of the Department. Failure to answer  to the satisfaction of the Department shall cause an order to cease and desist  to be issued immediately.(c) (Blank).    (Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1130, eff. 8-28-12.)