103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4738 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 105 ILCS 426/75.5 new110 ILCS 1005/14.20 new110 ILCS 1010/7.5 new Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. LRB103 36086 RJT 66175 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4738 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 105 ILCS 426/75.5 new110 ILCS 1005/14.20 new110 ILCS 1010/7.5 new 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. LRB103 36086 RJT 66175 b LRB103 36086 RJT 66175 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4738 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 105 ILCS 426/75.5 new110 ILCS 1005/14.20 new110 ILCS 1010/7.5 new 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. LRB103 36086 RJT 66175 b LRB103 36086 RJT 66175 b LRB103 36086 RJT 66175 b A BILL FOR HB4738LRB103 36086 RJT 66175 b HB4738 LRB103 36086 RJT 66175 b HB4738 LRB103 36086 RJT 66175 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Private Business and Vocational Schools Act 5 of 2012 is amended by adding Section 75.5 as follows: 6 (105 ILCS 426/75.5 new) 7 Sec. 75.5. Operating without a permit; cease and desist 8 order. The Board may issue a cease and desist order to any 9 school operating without the required permit of approval and 10 may impose a civil penalty for such a violation. Each day's 11 violation shall constitute a separate offense. The penalty for 12 such a violation shall be a fee or other conditions as 13 established by rule. A penalty fee may not exceed $10,000 per 14 violation. The Attorney General may bring an action in circuit 15 court to enforce the collection of the penalty fee. 16 The cease and desist order shall be issued to the school, 17 shall contain the school's name and address and a brief 18 factual statement, and shall identify this Act and the 19 statutory citations of this Act allegedly violated and the 20 penalty, if any, imposed. The cease and desist order must 21 clearly state that the school may choose to request a hearing. 22 If the school does not request a hearing with the Board within 23 30 days after the cease and desist order is served, then the 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4738 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 105 ILCS 426/75.5 new110 ILCS 1005/14.20 new110 ILCS 1010/7.5 new 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new Amends the Private Business and Vocational Schools Act of 2012. Provides that the Board of Higher Education may issue a cease and desist order to any school operating without the required permit of approval and may impose a civil penalty. Sets forth various requirements for the cease and desist order and the penalty. Amends the Private College Act and the Academic Degree Act to make similar changes. LRB103 36086 RJT 66175 b LRB103 36086 RJT 66175 b LRB103 36086 RJT 66175 b A BILL FOR 105 ILCS 426/75.5 new 110 ILCS 1005/14.20 new 110 ILCS 1010/7.5 new LRB103 36086 RJT 66175 b HB4738 LRB103 36086 RJT 66175 b HB4738- 2 -LRB103 36086 RJT 66175 b HB4738 - 2 - LRB103 36086 RJT 66175 b HB4738 - 2 - LRB103 36086 RJT 66175 b 1 cease and desist order shall become final and not subject to 2 appeal notwithstanding anything to the contrary under Section 3 85 of this Act. 4 Section 10. The Private College Act is amended by adding 5 Section 14.20 as follows: 6 (110 ILCS 1005/14.20 new) 7 Sec. 14.20. Operating without a certificate; cease and 8 desist order. The Board may issue a cease and desist order to 9 any post-secondary educational institution operating without 10 the required certificate of approval and may impose a civil 11 penalty for such a violation. Each day's violation shall 12 constitute a separate offense. The penalty for such a 13 violation shall be a fee or other conditions as established by 14 rule. A penalty fee may not exceed $10,000 per violation. The 15 Attorney General may bring an action in circuit court to 16 enforce the collection of the penalty fee. 17 The cease and desist order shall be issued to the 18 institution, shall contain the institution's name and address 19 and a brief factual statement, and shall identify this Act and 20 the statutory citations of this Act allegedly violated and the 21 penalty, if any, imposed. The cease and desist order must 22 clearly state that the institution may choose to request a 23 hearing. If the institution does not request a hearing with 24 the Board within 30 days after the cease and desist order is HB4738 - 2 - LRB103 36086 RJT 66175 b HB4738- 3 -LRB103 36086 RJT 66175 b HB4738 - 3 - LRB103 36086 RJT 66175 b HB4738 - 3 - LRB103 36086 RJT 66175 b 1 served, then the cease and desist order shall become final and 2 not subject to appeal notwithstanding anything to the contrary 3 under Section 12 of this Act. 4 Section 15. The Academic Degree Act is amended by adding 5 Section 7.5 as follows: 6 (110 ILCS 1010/7.5 new) 7 Sec. 7.5. Cease and desist order. The Board may issue a 8 cease and desist order to any educational organization or 9 entity operating without the required authorization to operate 10 and grant degrees. The Board may impose a civil penalty for 11 such a violation. Each day's violation shall constitute a 12 separate offense. The penalty for such a violation shall be a 13 fee or other conditions as established by rule. A penalty fee 14 may not exceed $10,000 per violation. The Attorney General may 15 bring an action in circuit court to enforce the collection of 16 the penalty fee. 17 The cease and desist order shall be issued to the 18 educational organization or entity, shall contain the name and 19 address of the educational organization or entity and a brief 20 factual statement, and shall identify this Act and the 21 statutory citations of this Act allegedly violated and the 22 penalty, if any, imposed. The cease and desist order must 23 state clearly that the educational organization or entity may 24 choose to request a hearing. If the educational organization HB4738 - 3 - LRB103 36086 RJT 66175 b HB4738- 4 -LRB103 36086 RJT 66175 b HB4738 - 4 - LRB103 36086 RJT 66175 b HB4738 - 4 - LRB103 36086 RJT 66175 b HB4738 - 4 - LRB103 36086 RJT 66175 b