Section 310.82  Procedures for Assessment of Civil Penalties

a)         Issuance of Assessment

1)         If the Agency assesses a civil penalty pursuant to Section 310.81 of this Part, it shall do so by issuing a Preliminary Order and Notice of Opportunity for Hearing pursuant to 32 Ill. Adm. Code 200.

2)         The Preliminary Order and Notice of Opportunity for Hearing  shall contain, for each violation alleged, the proposed civil penalty to be assessed.

b)         Payment of Assessment

            Unless a hearing has been requested by the deadline specified in the Preliminary Order and Notice of Opportunity for Hearing, within 30 days after the Order becomes final, the person upon whom the penalty was assessed shall pay the penalty in full.

c)         Procedures for Hearing

1)         The person to whom the Preliminary Order and Notice of Opportunity for Hearing was issued may appeal the imposition of the civil penalty by submitting a written request for a hearing in accordance with 32 Ill. Adm. Code 200.

2)         Upon receiving such a request for a hearing, the Agency shall conduct a public hearing regarding the finding of violation or the penalty assessment in accordance with the provisions of 32 Ill. Adm. Code 200.

3)         After the hearing is held, the Director shall issue a Final Order in accordance with 32 Ill. Adm. Code 200.

d)         Final Assessment and Payment of Penalty

1)         If the person to whom a Preliminary Order and Notice of Opportunity for Hearing is issued fails to request a hearing, the Preliminary Order shall become a final order of the Agency and the penalty assessed shall become due and payable within 30 days from that date.

2)         If the person to whom a Preliminary Order and Notice of Opportunity for Hearing is issued requests judicial review of a final order of the Agency, the penalty assessed in accordance with Section 310.81(c) of this Part shall not be payable until completion of the review.

3)         The civil penalties provided in this Section shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.

(Source:  Amended at 29 Ill. Reg. 20748, effective December 16, 2005)