Illinois General Assembly - Full Text of HB4762
Illinois General Assembly

Previous General Assemblies

Full Text of HB4762  98th General Assembly

HB4762sam001 98TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 5/5/2014

 

 


 

 


 
09800HB4762sam001LRB098 16072 MGM 59022 a

1
AMENDMENT TO HOUSE BILL 4762

2    AMENDMENT NO. ______. Amend House Bill 4762 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Commercial Feed Act of 1961 is
5amended by changing Section 14.2 as follows:
 
6    (505 ILCS 30/14.2)  (from Ch. 56 1/2, par. 66.14.2)
7    Sec. 14.2. Administrative penalties. Suspension or
8revocation of registration or firm license; Administrative
9hearings and penalties. The Department may suspend or revoke
10any registration issued under Section 4 of this Act for
11violation of the Act or any rules adopted pursuant thereto.
12    (a) The Department may, upon its own motion or and shall
13upon the verified complaint in writing of any person setting
14forth facts which, if proved, would constitute grounds for a
15penalty refusal, suspension, or revocation of a product
16registration, under this Act, investigate the actions of any

 

 

09800HB4762sam001- 2 -LRB098 16072 MGM 59022 a

1applicant or any person or persons applying for, holding, or
2claiming to hold a product registration or firm license. In
3addition to any other penalty under this Act, when the Director
4finds that any person has violated any of the provisions of
5this Act, the Director or his or her agent may institute
6administrative hearing proceedings and, upon determination of
7a violation, shall levy, and the Department shall collect,
8administrative penalties as follows:
9        (1) $500 for neglect or refusal to comply with
10    provisions of this Act, its rules, or any lawful order of
11    the Director after receipt of notice in writing;
12        (2) $500 for every distribution of a commercial feed
13    that has been placed under a stop-sale order;
14        (3) $500 for the manufacture or distribution of any
15    commercial feed that is adulterated;
16        (4) $500 for distribution of a commercial feed that is
17    misbranded;
18        (5) $500 for concealing facts or conditions, impeding,
19    obstructing, hindering, or otherwise preventing or
20    attempting to prevent the Director, or his or her duly
21    authorized agent, in the performance of his or her duty in
22    connection with the provisions of this Act;
23        (6) $500 for any unauthorized disposal of a commercial
24    feed that is under a stop-sale order; and
25        (7) $500 for failure to comply with any provisions of
26    this Act or its rules, except as provided under this

 

 

09800HB4762sam001- 3 -LRB098 16072 MGM 59022 a

1    Section.
2    All penalties collected shall be deposited in the Feed
3Control Fund.
4    (b) The Department may, upon its own motion, investigate
5the actions of any applicant or any person or persons holding
6or claiming to hold a product registration or firm license.
7After an opportunity for an administrative hearing, the
8Department may suspend or revoke any product registration or
9firm license applied for or issued under Section 4 of this Act
10if:
11        (1) the registrant used fraudulent or deceptive
12    practices to secure a license or product registration;
13        (2) the registrant fails to pay fees or penalties or
14    file reports as required by this Act; or
15        (3) the registrant fails to comply with any provisions
16    of this Act or its rules.
17    At least 10 days before the date set for the hearing, the
18Director shall notify in writing the applicant for or holder of
19a product registration or firm license, or other person subject
20to this Act, hereinafter called the respondent, that a hearing
21will be held on the date designated to determine whether the
22respondent has violated this Act, and shall afford the
23respondent an opportunity to be heard in person or by counsel.
24The administrative hearing shall be conducted under the
25Department's rules applicable to formal administrative
26proceedings the Director shall notify in writing the applicant

 

 

09800HB4762sam001- 4 -LRB098 16072 MGM 59022 a

1for or holder of a product registration or firm license,
2referred to as the respondent in this Section, that a hearing
3will be held on the date designated to determine whether the
4respondent is entitled to hold a product registration or firm
5license and shall afford the respondent opportunity to be heard
6in person or by counsel.
7    If it is determined after an administrative hearing, either
8in the presence or absence of the person notified, that any of
9the provisions of this Act or rules issued under it have been
10violated, the Director may certify the facts to the proper
11prosecuting attorney for the institution of criminal charges
12against a violator.
13    The Department, over the signature of the Director, is
14authorized to issue subpoenas and bring before the Department
15any person or persons in this State to take testimony, either
16orally, by deposition, disposition or by exhibit, in the same
17manner prescribed by law in judicial proceedings and civil
18cases in the circuit courts of this State. The Director is
19authorized to issue subpoenas duces tecum for any or all
20records relating to the commercial feed distributor's or
21registrant's business in question.
22(Source: P.A. 87-664.)".