(225 ILCS 715/11) (from Ch. 96 1/2, par. 4512)
Sec. 11.
Bond
forfeiture proceedings-Pre-requisites.
The Attorney General, upon request of the Department, shall institute
proceedings to have the bond of the operator forfeited for violation by the
operator of any of the provisions of this Act or for non-compliance with
any lawful rule or regulation promulgated by the Department thereunder.
Before making such request of the Attorney General, the Department shall
notify the operator in writing of the alleged violation or non-compliance
and shall afford the operator the right to appear before the Department at
a hearing to be held not less than 30 days after the receipt of such notice
by the operator. At the hearing the operator may present for the
consideration of the Department statements, documents and other information
with respect to the alleged violation. After the conclusion of the hearing,
the Department shall either withdraw the notice of violation or shall
request the Attorney General to institute proceedings to have the bond of
the operator forfeited as to the land involved.
Any operator against whom forfeiture proceedings have been required
should not be issued a permit for further surface mining in Illinois except
if he provides additional assurances satisfactory to the Director that such
proceedings shall not again become necessary.
(Source: P.A. 77-1568.)
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