TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200 THE ILLINOIS EXPLOSIVES ACT
SECTION 200.1065 FINAL ADMINISTRATIVE DECISION


 

Section 200.1065  Final Administrative Decision

 

a)         The Director shall issue a final administrative decision pursuant to Section 5008 of the Act within 30 days after receiving the hearing officer's proposed findings of fact, conclusions of law and recommended final administrative decision.

 

b)         In issuing his or her final administrative decision, the Director shall not be strictly bound by the actions or relief set forth in the original notice of the Department's intended action.  The final administrative decision may include remedies in addition to or different from those originally sought if they are supported by the evidence.

 

c)         The provisions of subsection (b) shall not apply when the final administrative decision is issued after the applicant or holder fails to request a hearing or fails to appear at a properly scheduled hearing.  In such cases, the Department shall be bound by the actions or relief set forth in the original notice of the Department's intended action.

 

d)         Final administrative decisions are subject to the Illinois Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Added at 37 Ill. Reg. 14090, effective August 26, 2013)