Section 609.100  Administrative Appeal and Hearing

a)         Any person may petition the Department for reconsideration of any:

1)         Denial by the Department to issue a Permit to such person; or

2)         Summary suspension of a Permit issued to such person; or

3)         Civil penalty imposed on such person.

b)         Such petition shall be made in writing, shall be directed to the Manager, Office of Environmental Safety, Illinois Department of Nuclear Safety, 1035 Outer Park Drive, Springfield, Illinois, 62704, and shall state concisely and with particularity the reasons for the petition.  The Department shall provide a copy of the petition to the Commission.

c)         Any person petitioning the Department for reconsideration has the right to a hearing before the Department.  The request for such a hearing shall be filed with the petition.  Such petitions shall be filed within 30 calendar days after notice of the:

1)         Denial of a Permit;

2)         Summary suspension of a Permit; or

3)         Imposition of a civil penalty.

d)         Failure of a petitioner to comply with the requirements of this Part with respect to petitions for reconsideration or requests for a hearing shall be grounds for denial of the petitioner's request.

e)         All hearings under this Part, as well as administrative hearings ordered by the Department which could result in the revocation or suspension of a previously issued Permit to a person, shall be governed by the procedures set forth in the Illinois Administrative Procedure Act [5 ILCS 100] and in 32 Ill. Adm. Code 200.  The Department shall provide notice of these hearings to the Commission.

(Source:  Amended at 24 Ill. Reg. 18191, effective December 1, 2000)