HB3158 EngrossedLRB103 29928 CPF 56343 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Natural Organic Reduction Regulation Act.
 
6    Section 5. Legislative intent. The practice of natural
7organic reduction in the State is declared to be a practice
8affecting the public health, safety, and welfare and subject
9to regulation and control in the public interest. It is
10further declared to be a matter of public interest and concern
11that the preparation, care, and final disposition of a
12deceased human body be attended with appropriate observance
13and understanding, having due regard and respect for the
14reverent care of the human body and for those bereaved and the
15overall spiritual dignity of the human. It is further a matter
16of public interest that the practice of natural organic
17reduction, as defined in this Act, be done only by qualified
18persons authorized by this Act. This Act shall be liberally
19construed to best carry out these subjects and purposes.
 
20    Section 10. Definitions. As used in this Act:
21    "Address of record" means the designated address recorded
22by the Comptroller in the applicant's or licensee's

 

 

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1application file or license file. The address of record shall
2be the permanent street address of the natural organic
3reduction facility.
4    "Alternative container" means a receptacle or
5biodegradable external wrapping, other than a casket, in which
6human remains are transported to the natural organic reduction
7facility. An alternative container shall be: (i) able to be
8closed in order to provide a complete covering for the human
9remains; (ii) resistant to leakage or spillage; (iii) rigid
10enough for handling with ease; and (iv) able to provide
11protection for the health, safety, and personal integrity of
12the natural organic reduction facilities personnel.
13    "Authorizing agent" means a person legally entitled to
14order the natural organic reduction and final disposition of
15specific human remains. "Authorizing agent" includes an
16institution of medical, mortuary, or other sciences as
17provided in Section 20 of the Disposition of Remains of the
18Indigent Act.
19    "Body parts" means limbs or other portions of the anatomy
20that are removed from a person or human remains for medical
21purposes during treatment, surgery, biopsy, autopsy, or
22medical research or human bodies or any portion of bodies that
23have been donated to science for medical research purposes.
24    "Burial transit permit" means a permit for disposition of
25a dead human body as required by State law.
26    "Casket" means a ridged container that is designed for the

 

 

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1encasement of human remains. A casket is usually constructed
2of wood, metal, or like material and ornamented and lined with
3fabric, and may or may not be combustible.
4    "Comptroller" means the Comptroller of the State.
5    "Disposition authority" means the legal entity which is
6licensed by the Comptroller to operate a natural organic
7reduction facility and to perform natural organic reductions.
8    "Final disposition" means the burial, cremation, natural
9organic reduction, or other disposition of human remains or
10parts of human remains.
11    "Funeral director" means a person known by the title of
12"funeral director", "funeral director and embalmer", or other
13similar words or titles licensed by the State to practice
14funeral directing or funeral directing and embalming.
15    "Funeral establishment" means a building or separate
16portion of a building having a specific street address and
17location and devoted to activities relating to the shelter,
18care, custody, and preparation of a deceased human body and
19may contain facilities for funeral or wake services.
20    "Holding facility" means an area that: (i) is designated
21for the retention of human remains prior to natural organic
22reduction; (ii) complies with all applicable public health
23law; (iii) preserves the health and safety of the natural
24organic reduction facilities personnel; and (iv) is secure
25from access by anyone other than authorized persons. A holding
26facility may be located in the natural organic reduction room,

 

 

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1consistent with the refrigeration requirements of this Act.
2    "Human remains" means the body of a deceased person,
3including any form of body prosthesis that has been
4permanently attached or implanted in the body.
5    "Integrate into the soil" means the authorized addition
6and mixing of reduced human remains with existing soil in a
7defined area within a dedicated cemetery, conservation area,
8property where the person who has control over the disposition
9of the reduced human remains has obtained written permission
10of the property owner.
11    "Licensee" means an entity licensed under this Act. An
12entity that holds itself as a licensee or that is accused of
13unlicensed practice is considered a licensee for purposes of
14enforcement, investigation, hearings, and the Illinois
15Administrative Procedure Act.
16    "Natural organic reduction" means the process of
17transforming a human body into soil using the natural
18decomposition process, accelerated with the addition of
19organic materials through the following steps:
20        (1) The body of a deceased person is mixed together
21    with natural materials and air and is periodically turned,
22    eventually resulting in the body's reduction to a soil
23    material.
24        (2) Large tanks, containers, or similar vessels hold
25    human remains together with straw, wood chips, or other
26    natural materials until the process is complete. Any such

 

 

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1    tank, container, or similar vessel shall be stainless
2    steel, leakproof, promote aerobic reduction and provide
3    for continuous monitoring of the natural organic reduction
4    process.
5        (3) The processing of the remains after removal from
6    the reduction chamber.
7    "Natural organic reduction authorization" means the
8natural organic reduction form authorizing a natural organic
9reduction which is signed by the next of kin or authorizing
10agent. This natural organic reduction form must be a separate
11document and cannot be a part of another form or document.
12    "Natural organic reduction facility" means the building or
13portions of a building that houses the natural organic
14reduction room and the holding facility. The facility shall
15have a ventilation system that ventilates from the tank,
16container, or similar vessel to a biofiltration system.
17    "Natural organic reduction room" means the room in which
18the reduction chambers are located.
19    "Niche" means a compartment or cubicle for the
20memorialization and permanent placement of an urn containing
21reduced remains.
22    "Person" means any person, partnership, association,
23corporation, limited liability company, or other entity, and
24in the case of any such business organization, its officers,
25partners, members, or shareholders possessing 25% or more of
26ownership of the entity.

 

 

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1    "Processing" means the removal of foreign objects as well
2as, but not limited to, grinding, crushing, and pulverizing of
3the remaining teeth and bones for the reduced human remains to
4be integrated into the soil.
5    "Pulverization" means the reduction of identifiable bone
6fragments after the completion of the natural organic
7reduction process to granulated particles by manual or
8mechanical means.
9    "Reduction chamber" means the enclosed space within which
10individual human remains are reduced and any other attached,
11non-enclosed, mechanical components that are necessary for the
12safe and proper functioning of the equipment. A reduction
13chamber shall meet or exceed the requirements set by the
14federal Centers for Disease Control and Prevention for
15destruction of human pathogens.
16    "Reduced human remains" means the remains of a human body
17that have been reduced to soil through a process of reduction.
18"Reduced human remains" does not include foreign materials,
19pacemakers, or prostheses.
20    "Reduced remains interment container" means a rigid outer
21container that is subject to a cemetery's rules and
22regulations.
23    "Scattering area" means an area which may be designated by
24a cemetery and located on dedicated cemetery property, or an
25area designated as a scattering area on private land or a
26privately owned nature preserve where reduced human remains,

 

 

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1which have been removed from the container, can be mixed with,
2or placed on top of, the soil or ground cover.
3    "Temporary container" means a receptacle for reduced human
4remains, usually composed of cardboard, plastic or similar
5material, that can be closed in a manner that prevents the
6leakage or spillage of the reduced human remains or the
7entrance of foreign material and is a single container of
8sufficient size to hold the reduced human remains until an urn
9is acquired, or the reduced human remains are scattered.
10    "Urn" means a receptacle designed to encase a portion of
11the reduced human remains.
 
12    Section 15. Powers and duties of the Comptroller. Subject
13to the provisions of this Act, the Comptroller may exercise
14any of the following powers and duties:
15        (1) authorize standards to ascertain the
16    qualifications and fitness of applicants for licensing as
17    licensed natural organic reduction authorities and pass
18    upon the qualifications of applicants for licensure;
19        (2) examine and audit a licensed disposition
20    authority's record, natural organic reduction facility, or
21    any other aspects of the natural organic reduction
22    operations as the Comptroller deems appropriate;
23        (3) investigate any and all unlicensed activity;
24        (4) conduct hearings on proceedings to refuse to issue
25    licenses or to revoke, suspend, place on probation,

 

 

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1    reprimand, or otherwise discipline licensees and to refuse
2    to issue licenses or to revoke, suspend, place on
3    probation, reprimand, or otherwise discipline licensees;
4        (5) formulate rules required for the administration of
5    this Act; and
6        (6) maintain rosters of the names and addresses of all
7    licensees, and all entities whose licenses have been
8    suspended, revoked, or otherwise disciplined. These
9    rosters shall be available upon written request and
10    payment of the required fee.
 
11    Section 20. Establishment of a natural organic reduction
12facility and licensing of disposition authority.
13    (a) Any person doing business in this State, or any
14cemetery, crematory, funeral establishment, corporation,
15partnership, joint venture, voluntary organization, or any
16other entity, may erect, maintain, and operate a natural
17organic reduction facility in this State and provide the
18necessary appliances and facilities for the natural organic
19reduction of human remains in accordance with this Act.
20    (b) A natural organic reduction facility shall be subject
21to all local, State, and federal health and environmental
22protection requirements and shall obtain all necessary
23licenses and permits from the Department of Financial and
24Professional Regulation, the Department of Public Health, the
25federal Department of Health and Human Services, and the State

 

 

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1and federal Environmental Protection Agencies, or such other
2appropriate local, State, or federal agencies.
3    (c) A natural organic reduction facility may be
4constructed on or adjacent to any cemetery, crematory, on or
5adjacent to any funeral establishment, or at any other
6location consistent with local zoning regulations.
7    (d) An application for licensure as a disposition
8authority shall be in writing on forms furnished by the
9Comptroller. Applications shall be accompanied by a fee of
10$100 and shall contain all of the following:
11        (1) the full name and address, both residence and
12    business, of the applicant if the applicant is an
13    individual; the full name and address of every member if
14    the applicant is a partnership; the full name and address
15    of every member of the board of directors if the applicant
16    is an association; and the name and address of every
17    officer, director, and shareholder holding more than 25%
18    of the corporate stock if the applicant is a corporation;
19        (2) the address and location of the natural organic
20    reduction facility;
21        (3) a description of the type of structure, equipment,
22    and technical process to be used in the operation of the
23    natural organic reduction facility; and
24        (4) any further information that the Comptroller
25    reasonably may require.
26    (e) Each disposition authority shall file an annual report

 

 

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1with the Comptroller, accompanied with a $25 fee plus $5 for
2each natural organic reduction performed that calendar year,
3providing (i) an affidavit signed by the owner of the natural
4organic reduction facility that at the time of the report the
5natural organic reduction device was in proper operating
6condition and all annual recommended maintenance by the
7manufacturer was performed, (ii) the total number of all
8natural organic reduction performed at the natural organic
9reduction facility during the past year, (iii) attestation by
10the licensee that all applicable permits and certifications
11are valid, (iv) either (A) any changes required in the
12information provided under subsection (d) or (B) an indication
13that no changes have occurred, and (v) any other information
14that the Comptroller may require. The annual report shall be
15filed by a disposition authority on or before March 15 of each
16calendar year. If the fiscal year of a disposition authority
17is other than on a calendar year basis, then the disposition
18authority shall file the report required by this Section
19within 75 days after the end of its fiscal year. If a
20disposition authority fails to submit an annual report to the
21Comptroller within the time specified in this Section, the
22Comptroller shall impose upon a disposition authority a
23penalty of $5 for each and every day the disposition authority
24remains delinquent in submitting the annual report. The
25Comptroller may abate all or part of the $5 daily penalty for
26good cause shown. The $25 annual report fee shall be deposited

 

 

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1into the Comptroller's Administrative Fund. The $5 fee for
2each natural organic reduction performed shall be deposited
3into the Cemetery Consumer Protection Fund.
4    (f) All records required to be maintained under this Act,
5including, but not limited to, those relating to the license
6and annual report of the disposition authority required to be
7filed under this Section, shall be subject to inspection by
8the Comptroller upon reasonable notice.
9    (g) The Comptroller may inspect a natural organic
10reduction facility record at the disposition authority's place
11of business to review the licensee's compliance with this Act.
12The Comptroller may charge a fee for the inspection of $100 to
13the licensee. The inspection must include verification that:
14        (1) the disposition authority has complied with
15    record-keeping requirements of this Act;
16        (2) a natural organic reduction device operator's
17    certification of training and the required continuing
18    education certification is conspicuously displayed at the
19    natural organic reduction facility;
20        (3) the disposition authority is in compliance with
21    local zoning requirements;
22        (4) the disposition authority license issued by the
23    Comptroller is conspicuously displayed at the natural
24    organic reduction facility; and
25        (5) other details as determined by rule.
26    (h) Every license issued hereunder shall be renewed every

 

 

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15 years for a renewal fee of $100. The renewal fee shall be
2deposited into the Comptroller's Administrative Fund. The
3Comptroller, upon the request of an interested person or on
4his own motion, may issue new licenses to a licensee whose
5license or licenses have been revoked, if no factor or
6condition then exists which would have warranted the
7Comptroller to originally refuse the issuance of such license.
 
8    Section 25. Grounds for denial or discipline.
9    (a) In this Section, "applicant" means a person who has
10applied for a license under this Act including those persons
11whose names are listed on a license application in Section 20
12of this Act.
13    (b) The Comptroller may refuse to issue a license, place
14on probation, reprimand, or take other disciplinary action
15that the Comptroller may deem appropriate, including imposing
16fines not to exceed $5,000 for each violation, with regard to
17any license under this Act, or may suspend or revoke a license
18issued under this Act, on any of the following grounds:
19        (1) The applicant or licensee has made any
20    misrepresentation or false statement or concealed any
21    material fact in furnishing information to the
22    Comptroller.
23        (2) The applicant or licensee has been engaged in
24    fraudulent business practices.
25        (3) The applicant or licensee has refused to give

 

 

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1    information required under this Act to be disclosed to the
2    Comptroller or failing, within 30 days, to provide
3    information in response to a written request made by the
4    Comptroller.
5        (4) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (5) As to any individual listed in the license
9    application as required under Section 20, that individual
10    has conducted or is about to conduct any natural organic
11    reduction business on behalf of the applicant in a
12    fraudulent manner or has been convicted of any felony or
13    misdemeanor an essential element of which is fraud.
14        (6) The applicant or licensee has failed to make the
15    annual report required by this Act or to comply with a
16    final order, decision, or finding of the Comptroller made
17    under this Act.
18        (7) The applicant or licensee, including any member,
19    officer, or director of the applicant or licensee if the
20    applicant or licensee is a firm, partnership, association,
21    or corporation and including any shareholder holding more
22    than 25% of the corporate stock of the applicant or
23    licensee, has violated any provision of this Act or any
24    regulation or order made by the Comptroller under this
25    Act.
26        (8) The Comptroller finds any fact or condition

 

 

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1    existing that, if it had existed at the time of the
2    original application for a license under this Act, would
3    have warranted the Comptroller in refusing the issuance of
4    the license.
5        (9) Any violation of this Act or of the rules adopted
6    under this Act.
7        (10) Incompetence.
8        (11) Gross malpractice.
9        (12) Discipline by another state, District of
10    Columbia, territory, or foreign nation, if at least one of
11    the grounds for the discipline is the same or
12    substantially equivalent to those set forth in this
13    Section.
14        (13) Directly or indirectly giving to or receiving
15    from any person, firm, corporation, partnership, or
16    association any fee, commission, rebate, or other form of
17    compensation for professional services not actually or
18    personally rendered.
19        (14) A finding by the Comptroller that the licensee,
20    after having its license placed on probationary status,
21    has violated the terms of probation.
22        (15) Willfully making or filing false records or
23    reports, including, but not limited to, false records
24    filed with State agencies or departments.
25        (16) Gross, willful, or continued overcharging for
26    professional services, including filing false statements

 

 

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1    for collection of fees for which services are not
2    rendered.
3        (17) Practicing under a false or, except as provided
4    by law, an assumed name.
5        (18) Cheating on or attempting to subvert this Act's
6    licensing application process.
 
7    Section 30. License revocation or suspension; surrender of
8license. Upon the revocation or suspension of a license issued
9under this Act, the licensee must immediately surrender the
10license to the Comptroller. If the licensee fails to do so, the
11Comptroller may seize the license.
 
12    Section 35. Surrender of license; effect on licensee's
13liability. A licensee may surrender a license issued under
14this Act by delivering to the Comptroller a written notice
15stating that the licensee thereby surrenders the license, but
16such a surrender does not affect the licensee's civil or
17criminal liability for acts committed before the surrender.
 
18    Section 40. License; display; transfer; duration.
19    (a) Every license issued under this Act must state the
20number of the license, the business name and address of the
21licensee's principal place of business, and the licensee's
22parent company, if any. The license must be conspicuously
23posted in the place of business operating under the license.

 

 

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1    (b) After initial licensure, if any person comes to obtain
2at least 51% of the ownership over the natural organic
3reduction facility, then the disposition authority shall apply
4for a new license in the required time as set out by rule.
5    (c) Every license issued under this Act shall remain in
6force until it has been surrendered, suspended, or revoked in
7accordance with this Act. Upon the request of an interested
8person or on the Comptroller's own motion, the Comptroller may
9issue a new license to a licensee whose license has been
10revoked under this Act if no factor or condition then exists
11which would have warranted the Comptroller in originally
12refusing the issuance of the license.
 
13    Section 45. Authorizing agent. The priority of the person
14or persons who have the right to serve as the authorizing agent
15for natural organic reduction is in the same priority as
16provided for in Section 5 of the Disposition of Remains Act.
 
17    Section 50. Natural organic reduction only in a natural
18organic reduction facility. An individual or a person,
19cemetery, crematory, funeral establishment, corporation,
20partnership, joint venture, voluntary organization, or other
21entity may reduce human remains only in a natural organic
22reduction facility operated by a disposition authority
23licensed for this purpose and only under the limitations
24provided in this Act.
 

 

 

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1    Section 55. Authorization for natural organic reduction.
2    (a) A disposition authority shall not reduce human remains
3by natural organic reduction until it has received all of the
4following:
5        (1) a natural organic reduction authorization form
6    signed by the next of kin or authorizing agent. The
7    natural organic reduction authorization form shall be
8    provided by the disposition authority and shall contain,
9    at a minimum, the following information:
10            (A) the identity of the human remains and the time
11        and date of death;
12            (B) the name of the funeral director and funeral
13        establishment, if applicable, that obtained the
14        natural organic reduction authorization;
15            (C) notification as to whether the death occurred
16        from a disease declared by the Illinois Department of
17        Health to be infectious, contagious, communicable, or
18        dangerous to the public health;
19            (D) the name of the authorizing agent and the
20        relationship between the authorizing agent and the
21        decedent;
22            (E) a representation that the authorizing agent
23        does in fact have the right to authorize the natural
24        organic reduction of the decedent, and that the
25        authorizing agent is not aware of any living person

 

 

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1        who has a superior priority right to that of the
2        authorizing agent, as set forth in Section 45. In the
3        event there is another living person who has a
4        superior priority right to that of the authorizing
5        agent, the form shall contain a representation that
6        the authorizing agent has made all reasonable efforts
7        to contact that person, has been unable to do so, and
8        has no reason to believe that the person would object
9        to the natural organic reduction of the decedent;
10            (F) authorization for the disposition authority to
11        reduce the human remains by natural organic reduction;
12            (G) a representation that the human remains do not
13        contain any other material or implant that may be
14        potentially hazardous or cause damage to the natural
15        organic reduction chamber or the person performing the
16        natural organic reduction;
17            (H) the name of the person authorized to receive
18        the reduced remains from the disposition authority;
19            (I) the manner in which final disposition of the
20        reduced human remains is to take place, if known. If
21        the reduction authorization form does not specify
22        final disposition in a grave, crypt, niche, or
23        scattering area, then the form may indicate that the
24        reduced human remains will be held by the disposition
25        authority for 30 days before they are released, unless
26        they are picked up from the disposition authority

 

 

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1        prior to that time, in person, by the authorizing
2        agent with prior consent from the authorizing agent.
3        At the end of the 60 days the disposition authority may
4        return the reduced human remains to the authorizing
5        agent if no final disposition arrangements are made;
6        or at the end of 60 days the disposition authority may
7        dispose of the reduced human remains in accordance
8        with this subsection (b) of Section 75;
9            (J) a listing of any items of value to be delivered
10        to the disposition authority along with the human
11        remains, and instructions as to how the items should
12        be handled;
13            (K) a specific statement as to whether the
14        authorizing agent has made arrangements for any type
15        of viewing of the decedent before natural organic
16        reduction or for a service with the decedent present
17        before natural organic reduction in connection with
18        the natural organic reduction, and if so, the date and
19        time of the viewing or service and whether the
20        disposition authority is authorized to proceed with
21        the natural organic reduction upon receipt of the
22        human remains;
23            (L) the signature of the authorizing agent,
24        attesting to the accuracy of all representations
25        contained on the natural organic reduction
26        authorization form, except as set forth in paragraph

 

 

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1        (M) of this subsection;
2            (M) if a natural organic reduction form is being
3        executed on a pre-need basis, the natural organic
4        reduction authorization form shall contain the
5        disclosure required by subsection (b) of Sec 125; and
6            (N) the natural organic reduction authorization
7        form, other than preneed natural organic reduction
8        forms, shall also be signed by a funeral director or
9        other representative of the disposition authority that
10        obtained the natural organic reduction authorization.
11        That individual shall merely execute the natural
12        organic reduction authorization form as a witness and
13        shall not be responsible for any of the
14        representations made by the authorizing agent, unless
15        the individual has actual knowledge to the contrary.
16        The information requested by subparagraphs (A), (B),
17        (C), and (G) of this subsection, however, shall be
18        considered to be representations of the authorizing
19        agent. The funeral director or funeral establishment
20        shall warrant to the natural organic reduction
21        facility that the human remains delivered to the
22        disposition authority are the human remains identified
23        on the natural organic reduction authorization form;
24        (2) a completed and executed burial transit permit
25    indicating that the human remains are to be reduced; and
26        (3) any other documentation required by this State.

 

 

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1    (b) If an authorizing agent is not available to execute a
2natural organic reduction authorization form in person, that
3person may use an electronic signature or may delegate that
4authority to another person in writing, or by sending the
5disposition authority a facsimile transmission that contains
6the name, address, and relationship of the sender to the
7decedent and the name and address of the individual to whom
8authority is delegated. Upon receipt of the written document,
9or facsimile transmission, telegram, or other electronic
10telecommunications transmission which specifies the individual
11to whom authority has been delegated, the disposition
12authority shall allow this individual to serve as the
13authorizing agent and to execute the natural organic reduction
14authorization form. The disposition authority shall be
15entitled to rely upon the natural organic reduction
16authorization form without liability.
17    (c) An authorizing agent who signs a natural organic
18reduction authorization form shall be deemed to warrant the
19truthfulness of any facts set forth on the natural organic
20reduction authorization form, including that person's
21authority to order the natural organic reduction, except for
22the information required by subparagraphs (C) and (G) of
23paragraph (1) of subsection (a) of this Section, unless the
24authorizing agent has actual knowledge to the contrary. An
25authorizing agent signing a natural organic reduction
26authorization form shall be personally and individually liable

 

 

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1for all damages occasioned by and resulting from authorizing
2the natural organic reduction.
3    (d) A disposition authority shall have authority to reduce
4human remains upon the receipt of a natural organic reduction
5authorization form signed by an authorizing agent. There shall
6be no liability for the natural organic reduction disposition
7authority according to a natural organic reduction
8authorization, or that releases or disposes of the reduced
9human remains according to a natural organic reduction
10authorization, except for a disposition authority's gross
11negligence, provided that the disposition authority performs
12its functions in compliance with this Act.
13    (e) After an authorizing agent has executed a natural
14organic reduction authorization form and before the natural
15organic reduction process has started, the authorizing agent
16may revoke the authorization and instruct the disposition
17authority to cancel the natural organic reduction and to
18release or deliver the human remains to another disposition
19authority or funeral establishment. The instructions shall be
20provided to the disposition authority in writing. A
21disposition authority shall honor any instructions given to it
22by an authorizing agent under this Section if it receives the
23instructions prior to beginning the reducing of the human
24remains.
 
25    Section 60. Performance of natural organic reduction

 

 

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1services; training. A person may not perform a natural organic
2reduction service in this State unless the person has
3completed training in performing natural organic reduction
4services and received certification by a program recognized by
5the Comptroller. The disposition authority must conspicuously
6display the certification at the disposition authority's place
7of business. A continuing education natural organic reduction
8course of at least 2 hours in length from a recognized provider
9must be completed every 5 years by each person performing a
10natural organic reduction service. For purposes of this Act,
11the Comptroller may recognize any training program that
12provides training in the operation of a natural organic
13reduction device, in the maintenance of a clean facility, and
14in the proper handling of human remains. The Comptroller may
15recognize any course that is conducted by a death care trade
16association in the State or the United States for natural
17organic reduction or by a manufacturer of a natural organic
18reduction unit that is consistent with the standards provided
19in this Act or as otherwise determined by rule.
 
20    Section 65. Recordkeeping.
21    (a) The disposition authority shall furnish to the funeral
22director who delivers human remains to the disposition
23authority a receipt signed at the time of delivery by both the
24disposition authority and the funeral director who delivers
25the human remains, showing the date and time of the delivery,

 

 

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1the type of alternative container or external wrapping that
2was delivered, the name of the person from whom the human
3remains were received and the name of the funeral
4establishment or other entity with whom the person is
5affiliated, the name of the person who received the human
6remains on behalf of the disposition authority, and the name
7of the decedent. The disposition authority shall retain a copy
8of this receipt in its permanent records.
9    (b) Upon its release of the reduced human remains, the
10disposition authority shall furnish to the person who receives
11the reduced human remains from the disposition authority a
12receipt signed by both the disposition authority and the
13person who receives the natural organic reduction remains,
14showing the date and time of the release, the name of the
15person to whom the reduced human remains were released and the
16name of the funeral establishment, cemetery, or other entity
17with whom the person is affiliated, the name of the person who
18released the reduced human remains on behalf of the
19disposition authority, and the name of the decedent. The
20natural organic reduction facility shall retain a copy of this
21receipt in its permanent records.
22    (c) A disposition authority shall maintain at its place of
23business a permanent record of each natural organic reduction
24that took place at its facility which shall contain the name of
25the decedent, the date of the natural organic reduction, and
26the final disposition of the reduced human remains.

 

 

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1    (d) The disposition authority shall maintain a record of
2all reduced human remains disposed of by the disposition
3authority in accordance with subsection (d) of Section 75.
4    (e) Upon completion of the natural organic reduction, the
5disposition authority shall file the burial transit permit as
6required by the Illinois Vital Records Act and rules adopted
7under that Act and the Illinois Counties Code, and transmit a
8photocopy of the burial transit permit along with the reduced
9human remains to whoever receives the reduced human remains
10from the authorizing agent unless the reduced human remains
11are to be interred, entombed, inurned, or placed in a
12scattering area, in which case the disposition authority shall
13retain a copy of the burial transit permit and shall send the
14permit, along with the reduced human remains, to the cemetery,
15which shall file the permit with the designated agency after
16the interment, entombment, inurnment, or scattering has taken
17place.
18    (f) All cemeteries shall maintain a record of all reduced
19human remains that are disposed of on their property, provided
20that the reduced human remains were properly transferred to
21the cemetery and the cemetery issued a receipt acknowledging
22the transfer of the reduced human remains.
 
23    Section 70. Natural organic reduction procedures.
24    (a) Human remains shall not be reduced within 24 hours
25after the time of death, as indicated on the Medical

 

 

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1Examiner's or Coroner's Certificate of Death. In any death,
2the human remains shall not be reduced by the disposition
3authority until a natural organic reduction permit has been
4received from the coroner or medical examiner of the county in
5which the death occurred and the disposition authority has
6received a natural organic reduction authorization form,
7executed by an authorizing agent, in accordance with the
8provisions of Section 60 of this Act. In no instance, however,
9shall the lapse of time between the death and the natural
10organic reduction be less than 24 hours, unless because of a
11religious requirement.
12    (b) Except as set forth in subsection (a), a disposition
13authority shall have the right to schedule the natural organic
14reduction to be performed at its own convenience, at any time
15after the human remains have been delivered to the disposition
16authority, unless the disposition authority has received
17specific instructions to the contrary on the natural organic
18reduction authorization form.
19    (c) No disposition authority shall reduce human remains
20when it has actual knowledge that human remains contain
21material or implant that may be potentially hazardous to the
22person performing the natural organic reduction.
23    (d) No disposition authority shall accept embalmed remains
24for natural organic reduction.
25    (e) Whenever a disposition authority is unable or
26unauthorized to reduce human remains immediately upon taking

 

 

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1custody of the remains, the disposition authority shall place
2the human remains in operable refrigeration unit with
3cleanable, noncorrosive interior and exterior finishes. The
4unit must be capable of maintaining a temperature of less than
540 degrees Fahrenheit or below and of holding at least 3
6bodies. For purposes of this section, immediately upon taking
7custody means within 24 hours of taking custody. The
8disposition authority must notify the authorizing agent of the
9reasons for delay in the natural organic reduction if a
10properly authorized natural organic reduction is not performed
11within any time period expressly contemplated in the
12authorization.
13    (f) A disposition authority shall not accept an
14alternative container or external wrapping from which there is
15any evidence of the leakage of body fluids.
16    (g) A disposition authority shall not reduce the remains
17of more than one person at the same time and in the same
18reduction chamber or introduce the remains of a second person
19into the reduction chamber until the reduction of preceding
20remains has been terminated and reasonable efforts have been
21employed to remove all fragments of preceding remains. The
22fact that there is residue in the reduction chamber or other
23equipment or a container used in a prior reduction does not
24violate this section.
25    (h) No unauthorized person shall be permitted in the
26holding facility or natural organic reduction room while any

 

 

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1human remains are being held there awaiting natural organic
2reduction, being reduced, or being removed from the reduction
3chamber.
4    (i) A disposition authority shall not remove any dental
5gold, body parts, organs, or any item of value prior to or
6subsequent to a natural organic reduction without previously
7having received specific written authorization from the
8authorizing agent and written instructions for the delivery of
9these items to the authorizing agent. Under no circumstances
10shall a disposition authority profit from making or assisting
11in any removal of valuables.
12    (j) In instances when the remains of deceased human beings
13are to be delivered to a natural organic reduction facility in
14a casket that is not to be organically reduced with the
15deceased, timely disclosure thereof must be made by the person
16making the funeral arrangements to the natural organic
17reduction facility that prior to the natural organic reduction
18the remains of the deceased human being shall be transferred
19to an alternative container. Such signed acknowledgement of
20the authorizing person, that the timely disclosure has been
21made, shall be retained by the natural organic reduction
22facility in its permanent records.
23    (k) A disposition authority shall:
24        (1) collect material samples for analysis that are
25    representative of each instance of natural organic
26    reduction;

 

 

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1        (2) analyze each material sample of reduced remains
2    for physical contaminants. Reduced remains must have less
3    than 0.01 mg per kg dry weight of physical contaminants
4    which include, but are not limited to, intact bone, dental
5    filings, and medical implants;
6        (3) analyze, using a third-party laboratory accredited
7    by the Illinois Environmental Protection Agency's
8    Laboratory Accreditation Program, the natural organic
9    reduction facility's material samples of reduced remains
10    according to the following schedule:
11            (i) the natural organic reduction facility's
12        initial 20 instances of reduced remains for the
13        parameters identified in Table A, and any additional
14        instances of reduced remains necessary to achieve 20
15        material samples of reduced remains meeting the limits
16        identified in Table A;
17            (ii) following 20 material samples of reduced
18        remains meeting limits outlined in Table A, analyze,
19        at minimum, 25% of a natural organic reduction
20        facility's monthly instances of reduced remains for
21        the parameters identified in Table A until 80 total
22        material samples of reduced remains have met the
23        requirements in Table A; or
24            (iii) the Comptroller, Department of Public
25        Health, or local health department may require tests
26        for additional parameters under paragraphs (2) and

 

 

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1        (3).
2        (4) not release any human remains that exceed the
3    limits identified in Table A; and
4        (5) prepare, maintain, and provide upon request by the
5    Comptroller, Department of Public Health, or local health
6    department, an annual report each calendar year. The
7    annual report must detail the natural organic reduction
8    facility's activities during the previous calendar year
9    and must include the following information:
10            (i) name and address of the natural organic
11        reduction facility;
12            (ii) calendar year covered by the report;
13            (iii) annual quantity of reduced remains;
14            (iv) results of any laboratory analyses of reduced
15        remains, including an affirmation that the analysis
16        was prepared in accordance with this subsection (k);
17        and
18            (v) any additional information required by the
19        Comptroller, Illinois Department of Public Health, or
20        the local health department.
 
21Table A: Testing Parameters
22
23
Metals and other testing
24
parameters
Limit (mg/kg dry weight), unless otherwise specified

 

 

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1Fecal coliform
2<1,000 Most probable number per gram of total solids (dry weight)
3Salmonella
4<3 Most probable number per 4 grams of total solids (dry weight)
5Arsenic= 20 ppm
6Cadmium= 10 ppm
7Lead= 150 ppm
8Mercury= 8 ppm
9Selenium= 18 ppm
10    (l) Upon the completion of each natural organic reduction,
11and insofar as is practicable, all of the recoverable residue
12of the reduction process shall be removed from the reduction
13chamber.
14    (m) If all of the recovered reduced human remains will not
15fit within the receptacle that has been selected, the
16remainder of the reduced human remains shall be disposed of in
17accordance with subsection (i) of Section 55.
18    (n) A disposition authority shall not knowingly represent
19to an authorizing agent or the agent's designee that a
20temporary container or urn contains the reduced remains of a
21specific decedent when it does not.
22    (o) Reduced human remains shall be shipped only by a
23method that has an internal tracing system available and that
24provides a receipt signed by the person accepting delivery.

 

 

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1    (p) A disposition authority shall maintain an
2identification system that shall ensure that it shall be able
3to identify the human remains in its possession throughout all
4phases of the natural organic reduction process.
5    (q) A disposition authority shall not reduce via natural
6organic reduction the remains required to be labeled as an
7infection hazard under 77 Ill. Adm. Code 690.1200(k).
8    (r) In the case of an event where the health of the public
9may be at risk or there are signs at a facility of a potential
10health hazard, the Illinois Department of Public Health shall
11be consulted to assess the natural organic reduction facility.
 
12    Section 75. Disposition of reduced human remains.
13    (a) The authorizing agent shall be responsible for the
14final disposition of the reduced human remains. The reduced
15human remains may be disposed of by placing them in a grave,
16crypt, or niche or by scattering them in a scattering area as
17defined in this Act.
18    (b) Reduced human remains may be integrated into the soil
19in an area where no local prohibition exists, provided that
20the reduced human remains are not distinguishable to the
21public, are not in a container, and that the person who has
22control over disposition of the reduced human remains has
23obtained written permission of the property owner or governing
24agency to integrate into soil on the property.
25    (c) A State or local agency may adopt an ordinance,

 

 

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1regulation, or policy, as appropriate, authorizing or
2specifically prohibiting the integration of reduced human
3remains into the soil on lands under the agency's
4jurisdiction. The integration into the soil of the reduced
5human remains of more than one person in one location pursuant
6to this section does not create a cemetery.
7    (d) Upon the completion of the natural organic reduction
8process, and except as provided for in subparagraph (I) of
9paragraph (1) of subsection (a) of Section 55, if the
10disposition authority has not been instructed to arrange for
11the interment, entombment, inurnment, or scattering of the
12reduced human remains, the disposition authority shall deliver
13the reduced human remains to the individual specified on the
14natural organic reduction authorization form or, if no
15individual is specified, then to the authorizing agent. Upon
16receipt of the reduced human remains, the individual receiving
17them may transport them in any manner in this State without a
18permit and may dispose of them in accordance with this
19Section. After delivery, the disposition authority shall be
20discharged from any legal obligation or liability concerning
21the reduced human remains.
22    (e) If, after a period of 60 days from the date the natural
23organic reduction process is complete, the authorizing agent
24or the agent's designee has not instructed the disposition
25authority to arrange for the final disposition of the reduced
26human remains or claimed the reduced human remains, the

 

 

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1disposition authority may dispose of the reduced human remains
2in any manner permitted by this Section. The disposition
3authority, however, shall keep a permanent record identifying
4the site of final disposition. The authorizing agent shall be
5responsible for reimbursing the disposition authority for all
6reasonable expenses incurred in disposing of the reduced human
7remains. Upon disposing of the reduced human remains, the
8disposition authority shall be discharged from any legal
9obligation or liability concerning the reduced remains. Any
10person who was in possession of reduced remains prior to the
11effective date of this Act may dispose of them in accordance
12with this Section.
13    (f) Except with the express written permission of the
14authorizing agent, no person shall:
15        (1) dispose of reduced human remains in a manner or in
16    a location so that the reduced human remains are
17    commingled with those of another person. This prohibition
18    shall not apply to the scattering of reduced remains at
19    sea, by air or in an area located in a dedicated cemetery
20    or private property and used exclusively for those
21    purposes; or
22        (2) place reduced human remains of more than one
23    person in the same temporary container or urn.
24    (g) No person shall sell the soil resulting from reduced
25human remains for commercial purposes.
 

 

 

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1    Section 80. Limitation of liability.
2    (a) A disposition authority that has received an executed
3natural organic reduction authorization form that complies
4with paragraph (1) of subsection (a) of Section 55 and has
5received any additional documentation required by Section 55
6shall not be liable for reducing the human remains designated
7by the natural organic reduction authorization form if the
8natural organic reduction is performed in accordance with this
9Act.
10    (b) A disposition authority shall not be liable for
11refusing to accept human remains or to perform a natural
12organic reduction until it receives a court order or other
13suitable confirmation that a dispute has been settled, if:
14        (1) it is aware of any dispute concerning the natural
15    organic reduction of the human remains;
16        (2) it has a reasonable basis for questioning any of
17    the representations made by the authorizing agent; or
18        (3) it refuses to accept the human remains for any
19    other lawful reason. This provision shall not be construed
20    as placing any affirmative obligation, not otherwise
21    required by law, on any disposition authority to accept
22    any human remains for natural organic reduction.
23    (c) No cemetery shall be liable for any reduced human
24remains that are dumped, scattered, or otherwise deposited on
25the cemetery in violation of this Act, if that action is taken
26without the cemetery's consent.

 

 

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1    (d) If a disposition authority is aware of any dispute
2concerning the release or disposition of the reduced human
3remains, the disposition authority may refuse to release the
4reduced human remains until the dispute has been resolved or
5the disposition authority has been provided with a court order
6directing the release or disposition of the reduced remains. A
7disposition authority shall not be liable for refusing to
8release or dispose of reduced human remains in accordance with
9this Section.
10    (e) A disposition authority shall not be responsible or
11liable for any valuables delivered to the disposition
12authority with human remains, unless the disposition authority
13has received written instructions in accordance with paragraph
14(J) of paragraph (1) of subsection (a) of Section 55.
 
15    Section 85. Hazardous implants. If an authorizing agent
16informs the funeral director and the disposition authority on
17the natural organic reduction authorization form of the
18presence of hazardous implants in the human remains, then the
19funeral director shall be responsible for ensuring that all
20necessary steps have been taken to remove the hazardous
21implants before delivering the human remains to the natural
22organic reduction facility for natural organic reduction. The
23funeral director who delivers the human remains to the natural
24organic reduction facility fails to ensure that the hazardous
25implants have been removed from the human remains prior to

 

 

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1delivery, and should the human remains be reduced, then the
2funeral director who delivered the human remains to the
3natural organic reduction facility and anyone else covered by
4this Section shall be liable for all resulting damages.
 
5    Section 90. Penalties. Violations of this Act shall be
6punishable as follows:
7        (1) Performing a natural organic reduction without
8    receipt of a natural organic reduction authorization form
9    signed, in either paper or electronic format, by an
10    authorizing agent shall be a Class 4 felony.
11        (2) Signing, in either paper or electronic format, a
12    natural organic reduction authorization form with the
13    actual knowledge that the form contains false or incorrect
14    information shall be a Class 4 felony.
15        (3) A violation of any natural organic reduction
16    procedure set forth in Section 70 shall be a Class 4
17    felony.
18        (4) Holding oneself out to the public as a disposition
19    authority, or the operation of a building or structure
20    within this State as a natural organic reduction facility,
21    without being licensed under this Act, shall be a Class A
22    misdemeanor.
23        (5) Performance of natural organic reduction service
24    by a person who has not completed a training program as
25    defined in Section 60 of this Act shall be a Class A

 

 

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1    misdemeanor.
2        (6) Any person who intentionally violates a provision
3    of this Act or a final order of the Comptroller is liable
4    for a civil penalty not to exceed $5,000 per violation.
5        (7) Any person who knowingly acts without proper legal
6    authority and who willfully and knowingly destroys or
7    damages the remains of a deceased human being or who
8    desecrates human remains is guilty of a Class 3 felony.
9        (8) A violation of any other provision of this Act
10    shall be a Class B misdemeanor.
 
11    Section 95. Failure to file annual report. Whenever a
12disposition authority refuses or neglects to file its annual
13report in violation of Section 20 of this Act or fails to
14otherwise comply with the requirements of this Act, the
15Comptroller shall impose a penalty as provided for by rule for
16each and every day the licensee remains delinquent in
17submitting the annual report. Such report shall be made under
18oath and shall be in a form determined by the Comptroller.
 
19    Section 100. Injunctive action; cease and desist order.
20    (a) If any person violates the provisions of this Act, the
21Comptroller, in the name of the People of the State, through
22the Attorney General or the State's Attorney of the county in
23which the violation is alleged to have occurred, may petition
24for an order enjoining the violation or for an order enforcing

 

 

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1compliance with this Act. Upon the filing of a verified
2petition, the court with appropriate jurisdiction may issue a
3temporary restraining order, without notice or bond, and may
4preliminarily and permanently enjoin the violation. If it is
5established that the person has violated or is violating the
6injunction, the court may punish the offender for contempt of
7court. Proceedings under this Section are in addition to, and
8not in lieu of, all other remedies and penalties provided by
9this Act.
10    (b) Whenever, in the opinion of the Comptroller, a person
11violates any provision of this Act, the Comptroller may issue
12a rule to show cause why an order to cease and desist should
13not be entered against that person. The rule shall clearly set
14forth the grounds relied upon by the Comptroller and shall
15allow at least 7 days from the date of the rule to file an
16answer satisfactory to the Comptroller. Failure to answer to
17the satisfaction of the Comptroller shall cause an order to
18cease and desist to be issued.
 
19    Section 105. Service of notice. Service by the Comptroller
20of any notice requiring a person to file a statement or report
21under this Act shall be made: (1) personally by delivery of a
22duly executed copy of the notice to the person to be served or,
23if that person is not a natural person, in the manner provided
24in the Civil Practice Law when a complaint is filed; or (2) by
25mailing by certified mail a duly executed copy of the notice to

 

 

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1the person at his or her address of record.
 
2    Section 110. Investigations; notice and hearing. The
3Comptroller may at any time investigate the actions of any
4applicant or of any person, persons, or entity rendering or
5offering natural organic reduction services or any person or
6entity holding or claiming to hold a license as a licensed
7natural organic reduction facility. The Comptroller shall,
8before revoking, suspending, placing on probation,
9reprimanding, or taking any other disciplinary action under
10Section 11 of this Act, at least 30 days before the date set
11for the hearing: (i) notify the accused in writing of the
12charges made and the time and place for the hearing on the
13charges; (ii) direct the accused applicant or licensee to file
14a written answer to the charges with the Comptroller under
15oath within 20 days after the service on the accused of the
16notice; and (iii) inform the accused that, if the accused
17fails to answer, default will be taken against the accused or
18that the accused's license may be suspended, revoked, placed
19on probationary status, or other disciplinary action taken
20with regard to the license, including limiting the scope,
21nature, or extent of the accused's practice, as the
22Comptroller may consider proper.
23    At the time and place fixed in the notice, the Comptroller
24shall proceed to hear the charges and the parties, or their
25counsel shall be accorded ample opportunity to present any

 

 

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1pertinent statements, testimony, evidence, and arguments. The
2Comptroller shall have the authority to appoint an attorney
3duly licensed to practice law in the State to serve as the
4hearing officer in any disciplinary action with regard to a
5license. The hearing officer shall have full authority to
6conduct the hearing. The Comptroller may continue the hearing
7from time to time. In case the person, after receiving the
8notice, fails to file an answer, the person's license may, in
9the discretion of the Comptroller, be suspended, revoked,
10placed on probationary status, or the Comptroller may take
11whatever disciplinary action considered proper, including
12limiting the scope, nature, or extent of the person's practice
13or the imposition of a fine, without a hearing, if the act or
14acts charged constitute sufficient grounds for that action
15under this Act. The written notice may be served by personal
16delivery or by certified mail to the address specified by the
17accused in the accused's last notification with the
18Comptroller.
 
19    Section 115. Compelling testimony. Any circuit court, upon
20application of the Comptroller or designated hearing officer
21may enter an order requiring the attendance of witnesses and
22their testimony, and the production of documents, papers,
23files, books, and records in connection with any hearing or
24investigation. The court may compel obedience to its order by
25proceedings for contempt.
 

 

 

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1    Section 120. Administrative review; venue; certification
2of record; costs.
3    (a) All final administrative decisions of the Comptroller
4are subject to judicial review under the Administrative Review
5Law and its rules. The term "administrative decision" is
6defined as in Section 3-101 of the Code of Civil Procedure.
7    (b) Proceedings for judicial review shall be commenced in
8the circuit court of the county in which the party applying for
9review resides, but if the party is not a resident of Illinois,
10the venue shall be in Sangamon County.
11    (c) The Comptroller shall not be required to certify any
12record of the court, file an answer in court, or to otherwise
13appear in any court in a judicial review proceeding unless and
14until the Comptroller has received from the plaintiff payment
15of the costs of furnishing and certifying the record, which
16costs shall be determined by the Comptroller. Failure on the
17part of the plaintiff to make such payment to the Comptroller
18is grounds for dismissal of the action.
 
19    Section 125. Preneed of natural organic reduction
20arrangements.
21    (a) Any person, or anyone who has legal authority to act on
22behalf of a person, on a preneed basis, may authorize the
23person's own natural organic reduction and the final
24disposition of the person's reduced remains by executing, as

 

 

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1the authorizing agent, a natural organic reduction
2authorization form on a preneed basis. A copy of this form
3shall be provided to the person. Any person shall have the
4right to transfer or cancel this authorization at any time
5prior to death by destroying the executed natural organic
6reduction authorization form and providing written notice to
7the disposition authority named in the preneed form.
8    (b) Any natural organic authorization form that is being
9executed by an individual as the individual's own authorizing
10agent on a preneed basis shall contain the following
11disclosure, which shall be completed by the authorizing agent:
12    "( ) I do not wish to allow any of my survivors the option
13of cancelling my natural organic reduction and selecting
14alternative arrangements, regardless of whether my survivors
15deem a change to be appropriate.
16    ( ) I wish to allow only the survivors whom I have
17designated below the option of cancelling my natural organic
18reduction and selecting alternative arrangements, if they deem
19a change to be appropriate."
20    (c) Except as provided in subsection (b) of this Section,
21at the time of the death of a person who has executed, as the
22authorizing agent, a natural organic reduction authorization
23form on a preneed basis, any person in possession of an
24executed form and any person charged with making arrangements
25for the final disposition of the decedent who has knowledge of
26the existence of an executed form, shall use the person's best

 

 

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1efforts to ensure that the decedent is reduced and that the
2final disposition of the reduced human remains is in
3accordance with the instructions contained on the natural
4organic reduction authorization form. If a disposition
5authority (i) is in possession of a completed natural organic
6reduction authorization form that was executed on a preneed
7basis, (ii) is in possession of the designated human remains,
8and (iii) has received payment for the natural organic
9reduction of the human remains and the final disposition of
10the reduced human remains or is otherwise assured of payment,
11then the disposition authority shall be required to reduced
12the human remains and dispose of the reduced human remains
13according to the instructions contained on the natural organic
14reduction authorization form and may do so without any
15liability.
16    (d) Any preneed contract sold by, or pre-need arrangements
17made with, a cemetery, funeral establishment, disposition
18authority, or any other party that includes a natural organic
19reduction shall specify the final disposition of the reduced
20human remains, in accordance with Section 75. If no different
21or inconsistent instructions are provided to the disposition
22authority by the authorizing agent at the time of death, the
23disposition authority shall be authorized to release or
24dispose of the reduced human remains as indicated in the
25preneed agreement. Upon compliance with the terms of the
26preneed agreement, the disposition authority shall be

 

 

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1discharged from any legal obligation concerning the reduced
2human remains. The preneed agreement shall be kept as a
3permanent record by the disposition authority.
4    (e) This Section shall not apply to any natural organic
5reduction authorization form or preneed contract executed
6prior to the effective date of this Act. Any cemetery, funeral
7establishment, disposition authority, or other party, however,
8with the written approval of the authorizing agent or person
9who executed the preneed contract, may designate that the
10natural organic reduction authorization form or preneed
11contract shall be subject to this Act.
 
12    Section 130. Employment of funeral director by a
13disposition authority.
14    (a) A disposition authority shall be permitted to enter
15into a contract with a funeral director or funeral business
16for the purpose of arranging natural organic reduction on an
17at-need basis with the general public, transporting human
18remains to the natural organic reduction facility, and
19processing all necessary paperwork.
20    (b) No aspect of this Act shall be construed to require a
21licensed funeral director to perform any functions not
22otherwise required by law to be performed by a licensed
23funeral director.
 
24    Section 135. Scope of Act. This Act shall be construed and

 

 

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1interpreted as a comprehensive natural organic reduction
2statute, and the provisions of this Act shall take precedence
3over any existing laws containing provisions applicable to
4natural organic reduction, but that do not specifically or
5comprehensively address natural organic reduction.
 
6    Section 140. Record of proceedings; transcript. The
7Comptroller, at its expense, shall preserve a record of all
8proceedings at the formal hearing of any case. Any notice of
9hearing, complaint, all other documents in the nature of
10pleadings, written motions filed in the proceedings, the
11transcripts of testimony, the report of the hearing officer,
12and orders of the Comptroller shall be in the record of the
13proceeding. The Comptroller shall furnish a transcript of such
14record to any person interested in such hearing upon payment
15of a reasonable fee.
 
16    Section 145. Subpoenas; depositions; oaths. The
17Comptroller has the power to subpoena documents, books,
18records or other materials and to bring before it any person
19and to take testimony either orally or by deposition, or both,
20with the same fees and mileage and in the same manner as
21prescribed in civil cases in the courts of this State. The
22Comptroller, the designated hearing officer, or any qualified
23person the Comptroller may designate has the power to
24administer oaths to witnesses at any hearing that the

 

 

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1Comptroller is authorized to conduct, and any other oaths
2authorized in any Act administered by the Comptroller. Every
3person having taken an oath or affirmation in any proceeding
4or matter wherein an oath is required by this Act, who shall
5swear willfully, corruptly and falsely in a matter material to
6the issue or point in question, or shall suborn any other
7person to swear as aforesaid, shall be guilty of perjury or
8subornation of perjury, as the case may be and shall be
9punished as provided by State law relative to perjury and
10subornation of perjury.
 
11    Section 150. Findings and recommendations. At the
12conclusion of the hearing, the hearing officer shall present
13to the Comptroller a written report of its findings of fact,
14conclusions of law, and recommendations. The report shall
15contain a finding whether or not the accused person violated
16this Act or its rules or failed to comply with the conditions
17required in this Act or its rules. The hearing officer shall
18specify the nature of any violations or failure to comply and
19shall make recommendations to the Comptroller. In making
20recommendations for any disciplinary actions, the hearing
21officer may take into consideration all facts and
22circumstances bearing upon the reasonableness of the conduct
23of the accused and the potential for future harm to the public,
24including but not limited to, previous discipline of the
25accused by the Comptroller, intent, degree of harm to the

 

 

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1public and likelihood of harm in the future, any restitution
2made by the accused, and whether the incident or incidents
3contained in the complaint appear to be isolated or represent
4a continuing pattern of conduct. In making its recommendations
5for discipline, the hearing officer shall endeavor to ensure
6that the severity of the discipline recommended is reasonably
7related to the severity of the violation. The report of
8findings of fact, conclusions of law, and recommendation of
9the hearing officer shall be the basis for the Comptroller's
10order refusing to issue, restore, place on probation, fine,
11suspend, revoke a license, or otherwise disciplining a
12licensee. If the Comptroller disagrees with the
13recommendations of the hearing officer, the Comptroller may
14issue an order in contravention of the hearing officer's
15recommendations. The finding is not admissible in evidence
16against the person in a criminal prosecution brought for a
17violation of this Act, but the hearing and finding are not a
18bar to a criminal prosecution brought for a violation of this
19Act.
 
20    Section 155. Rehearing. At the conclusion of the hearing,
21a copy of the hearing officer's report shall be served upon the
22applicant or licensee by the Comptroller, either personally or
23as provided in this Act. Within 20 days after service, the
24applicant or licensee may present to the Comptroller a motion
25in writing for a rehearing, which shall specify the particular

 

 

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1grounds for rehearing. The Comptroller may respond to the
2motion for rehearing within 20 days after its service on the
3Comptroller. If no motion for rehearing is filed, then upon
4the expiration of the time specified for filing such a motion,
5or if a motion for rehearing is denied, then upon denial, the
6Comptroller may enter an order in accordance with
7recommendations of the hearing officer except as provided in
8Section 160 of this Act.
9    If the applicant or licensee orders from the reporting
10service and pays for a transcript of the record within the time
11for filing a motion for rehearing, the 20-day period within
12which a motion may be filed shall commence upon the delivery of
13the transcript to the applicant or licensee.
 
14    Section 160. Comptroller; rehearing. Whenever the
15Comptroller believes that substantial justice has not been
16done in the revocation, suspension, or refusal to issue or
17restore a license or other discipline of an applicant or
18licensee, he or she may order a rehearing by the same or other
19hearing officers.
 
20    Section 165. Order or certified copy; prima facie proof.
21An order or certified copy thereof, over the seal of the
22Comptroller and purporting to be signed by the Comptroller, is
23prima facie proof that:
24        (1) the signature is the genuine signature of the

 

 

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1    Comptroller;
2        (2) the Comptroller is duly appointed and qualified;
3    and
4        (3) the hearing officer is qualified to act.
 
5    Section 170. Civil action and civil penalties. In addition
6to the other penalties and remedies provided in this Act, the
7Comptroller may bring a civil action in the county of
8residence of the licensee or any other person to enjoin any
9violation or threatened violation of this Act. In addition to
10any other penalty provided by law, any person who violates
11this Act shall forfeit and pay a civil penalty to the
12Comptroller in an amount not to exceed $5,000 for each
13violation as determined by the Comptroller. The civil penalty
14shall be assessed by the Comptroller in accordance with the
15provisions of this Act.
16    Any civil penalty shall be paid within 60 days after the
17effective date of the order imposing the civil penalty. The
18order shall constitute a judgment and may be filed and
19execution had thereon in the same manner as any judgment from
20any court of record. All moneys collected under this Section
21shall be deposited with the Comptroller.
 
22    Section 175. Consent order. At any point in any
23investigation or disciplinary proceedings as provided in this
24Act, both parties may agree to a negotiated consent order. The

 

 

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1consent order shall be final upon signature of the
2Comptroller.
 
3    Section 180. Illinois Administrative Procedure Act;
4application. The Illinois Administrative Procedure Act is
5expressly adopted and incorporated in this Act as if all of the
6provisions of that Act were included in this Act, except that
7the provision of paragraph (d) of Section 10-65 of the
8Illinois Administrative Procedure Act, which provides that at
9hearings the licensee has the right to show compliance with
10all lawful requirements for retention or continuation of the
11license, is specifically excluded. For the purpose of this
12Act, the notice required under Section 10-25 of the Illinois
13Administrative Procedure Act is considered sufficient when
14mailed to the address of record.
 
15    Section 185. Summary suspension of a license. The
16Comptroller may summarily suspend a license of a licensed
17natural organic reduction facility without a hearing,
18simultaneously with the institution of proceedings for a
19hearing provided for in this Act, if the Comptroller finds
20that evidence in the Comptroller's possession indicates that
21the licensee's continued practice would constitute an imminent
22danger to the public. If the Comptroller summarily suspends
23the license of a licensed natural organic reduction facility
24without a hearing, a hearing must be commenced within 30 days

 

 

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1after the suspension has occurred and concluded as
2expeditiously as practical. In the event of a summary
3suspension, the county coroner or medical examiner responsible
4for the area where the natural organic reduction facility is
5located shall make arrangements to dispose of any bodies in
6the suspended licensee's possession after consulting with the
7authorizing agents for those bodies.
 
8    Section 99. Effective date. This Act takes effect January
91, 2025.