(225 ILCS 411/25-70)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-70. Receivership. In the event a cemetery authority license is suspended or revoked or where an unlicensed person has conducted activities requiring cemetery authority licensure under this Act, the Department, through the Attorney General, may petition the circuit courts of this State for appointment of a receiver to operate the cemetery.
(a) The court shall appoint a receiver if the court determines that a receivership is necessary or advisable:
(1) to ensure the orderly and proper conduct of a
licensee's professional business and affairs during or in the aftermath of the administrative proceeding to revoke or suspend the cemetery authority's license;
(2) for the protection of the public's interest and
rights in the business, premises, or activities of the person sought to be placed in receivership;
(3) upon a showing of actual or constructive
abandonment of premises or business licensed or which was not but should have been licensed under this Act;
(4) upon a showing of serious and repeated violations
of this Act demonstrating an inability or unwillingness of a licensee to comply with the requirements of this Act;
(5) to prevent loss, wasting, dissipation, theft, or
conversion of assets that should be marshaled and held available for the honoring of obligations under this Act; or
(6) upon proof of other grounds that the court deems
good and sufficient for instituting receivership action concerning the respondent sought to be placed in receivership.
(b) A receivership under this Section may be temporary, or for the winding up and dissolution of the business, as the Department may request and the court determines to be necessary or advisable in the circumstances. Venue of receivership proceedings may be, at the Department's election, in Cook County or the county where the subject of the receivership is located. The appointed receiver shall be the Department or such person as the Department may nominate and the court shall approve.
(c) The Department may adopt rules for the implementation of this Section.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
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Last modified: February 18, 2015