Section 300.239  Denial, Issuance of Notice of Infraction, Suspension, Revocation and Other Administrative Actions

a)         The Department shall deny an application for, or may revoke or suspend, a license under the provisions of this Section if the Department finds that the applicant or licensee:

1)         has willfully violated any  provisions of the Act or this Part;

2)         has made material misstatement or knowingly withheld information in connection with any original or renewal application;

3)         has been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared him competent;

4)         consumes alcohol or unlawfully  uses  drugs in the workplace;

5)         has been convicted in any jurisdiction of any felony within the prior 5 years;

6)         is a fugitive from justice.

b)         Notice of Infraction

1)         The Department shall, when in the best  interest of protecting public safety or public  or private property, issue to the blaster a written notice of infraction requiring remedial action when, on the basis of any inspection, the Department determines that the blaster has committed any of the following infractions:

A)        Noncompliance with current Illinois  or Federal law or regulations pertaining to blasting at the operation,  including the Illinois Explosives Act [225 ILCS 210].

B)        Providing false information or a misrepresentation to obtain licensure.

C)        Consumption of alcohol or unlawful use of drugs in the workplace.

D)        Noncompliance with any  order issued by the Department.

2)         The maximum time allowed to abate the infraction by completing the remedial action shall be stated in the notice and shall include consideration of the nature of the infraction, as well as the availability of resources to complete the abatement. Remedial actions may include, but need not be limited to, a requirement to receive additional training or undergo reexamination to demonstrate competence.

3)         A copy of such notice shall be forwarded to the blaster's employer.

4)         Any such notice may be terminated when the remedial action has been completed, modified to correct deficiencies or errors or make other changes in the notice or to change the required abatement date, or vacated if the infraction did not occur or occurred as the result of sabotage by persons other than the blaster.

5)         The blaster may file a request for review with the Department, and if desired, a hearing within 30 days after the receipt of the notice of infraction. The request shall include the blaster's name, licensure number, identification of the notice, and the date of the notice. The request shall be forwarded to: Illinois Department of Natural Resources, Office of Mines and Minerals, 524 S. Second St., Springfield, IL 62701-1787.  If a hearing is requested, the hearing shall be conducted in accordance with 62 Ill. Adm. Code 300.245(b) and shall be held in Springfield.   The Department shall give at least five days notice of the date, time and location of the hearing to the blaster, his or her employer and any person who filed a report which led to the notice that was issued.

6)         The filing of a request for hearing shall not act as a stay of the remedial actions required as part of the notice of infraction.

c)         License Suspension or Revocation

1)         The Department shall  issue to the blaster a written notice to show cause why his  license should not be suspended or revoked for a specified period (not to exceed the term of the license) upon a finding of:

A)        A willful commission of an infraction; or

B)        A failure to complete the remedial action stated in a Notice of Infraction.

2)         The blaster shall have 21 days from the receipt date of the notice, or other time period necessary for adequate response as may be set out in the notice, in which to file an answer and request a hearing. If the blaster files an answer to the show cause order and requests a hearing, a public hearing shall be provided and conducted in accordance with 62 Ill. Adm. Code 300.248. The Department shall give 30 days written notice of the date, time and location of the hearing to the blaster, the blaster's employer and any person who filed a report which led to the order that was issued.

3)         If the Department determines that the infraction resulting from the willful act on the part of the blaster creates an imminent danger to the health or safety of the public or imminent damage to public or private property, the Department shall immediately issue a temporary suspension of the blaster's license. The temporary suspension shall be in writing, and shall, with reasonable specificity, set forth the nature of the infraction and the imminent danger or damage incurred or about to be incurred. Such suspension shall be subject to a hearing to be provided not less than 15 days after the blaster's receipt of the temporary suspension. The hearing shall determine whether the suspension shall be continued or terminated or whether the license shall be revoked. Temporary suspension issued under the authority of this  subsection shall not exceed 15 days. The hearing shall be conducted in accordance with 62 Ill. Adm. Code 300.248 and shall be held at the Department's Springfield office.

4)         Upon written notice of revocation, including the findings upon which the notice is based, the blaster shall without delay surrender the revoked license to the Department.

(Source:  Amended at 23 Ill. Reg. 11231, effective August 26, 1999)