(225 ILCS 660/30) (from Ch. 5, par. 2751-30)
Sec. 30. Failure to register; invalid registration, violations; injunctive relief. Any person who engages in business as a specialty farm product buyer without registering or who does not have a valid registration or is in violation of this Act or the rules and regulations or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the Director or his or her duly authorized agent in performance of his or her duty in connection with this Act or its rules and regulations or any specialty farm product buyer or any officer, agent, or employee of a specialty farm product buyer who refuses to permit inspection of his or her premises, books, accounts, records, or contracts as provided in this Act shall be guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for each subsequent violation. In case of a continuing violation or violations, each day that each violation occurs constitutes a separate and distinct offense. Any specialty farm product buyer or any officer, agent, or employee of a specialty farm product buyer who withholds records, keeps or files false records, inaccurately alters his or her records, or presents to the Department any materially false records is guilty of a Class 4 felony. It shall be the duty of each State's Attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the circuit court without delay. Before the Director reports a violation for prosecution, he or she may give the specialty farm product buyer or the officer, agent, or employee of the specialty farm product buyer an opportunity to present his or her views at an administrative hearing. The Director may file a complaint and apply for, and the circuit court may grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this Act or any rules and regulations promulgated under the Act, notwithstanding the existence of other judicial remedies. An injunction may be entered without notice and without bond.
When a court of competent jurisdiction issues an order under the Administrative Review Law staying an order of the Department that suspends or revokes a specialty farm product buyer's registration or that denies the application for specialty farm product buyer registration, the court shall require the person requesting the order to provide a bond as provided for in Section 3-111 of the Code of Civil Procedure. The bond shall be in an amount adequate to assure that producers will be paid for specialty farm products sold to the specialty farm products buyer while operating under the administrative stay.
(Source: P.A. 87-171.)
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Last modified: February 18, 2015