Full Text of HB4762 98th General Assembly
HB4762sam001 98TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 5/5/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4762
| 2 | | AMENDMENT NO. ______. Amend House Bill 4762 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Commercial Feed Act of 1961 is | 5 | | amended 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 | 8 | | revocation of registration or firm
license; Administrative | 9 | | hearings and penalties. The Department may suspend
or revoke | 10 | | any registration issued under Section 4 of this Act for | 11 | | violation
of the Act or any rules adopted pursuant thereto.
| 12 | | (a) The Department may, upon its own motion or and shall | 13 | | upon the verified
complaint in writing of any person setting | 14 | | forth facts which, if proved,
would constitute grounds for a | 15 | | penalty refusal, suspension, or revocation of a
product | 16 | | registration, under this Act, investigate the actions of any
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| 1 | | applicant or any person or persons applying for, holding, or | 2 | | claiming to
hold a product registration or firm license. In | 3 | | addition to any other penalty under this Act, when the Director | 4 | | finds that any person has violated any of the provisions of | 5 | | this Act, the Director or his or her agent may institute | 6 | | administrative hearing proceedings and, upon determination of | 7 | | a violation, shall levy, and the Department shall collect, | 8 | | administrative 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 |
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| 1 | | Section. | 2 | | All penalties collected shall be deposited in the Feed | 3 | | Control Fund. | 4 | | (b) The Department may, upon its own motion, investigate | 5 | | the actions of any applicant or any person or persons holding | 6 | | or claiming to hold a product registration or firm license. | 7 | | After an opportunity for an administrative hearing, the | 8 | | Department may suspend or revoke any product registration or | 9 | | firm license applied for or issued under Section 4 of this Act | 10 | | if: | 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 | 18 | | Director shall notify in writing the applicant for or holder of | 19 | | a product registration or firm license, or other person subject | 20 | | to this Act, hereinafter called the respondent, that a hearing | 21 | | will be held on the date designated to determine whether the | 22 | | respondent has violated this Act, and shall afford the | 23 | | respondent an opportunity to be heard in person or by counsel. | 24 | | The administrative hearing shall be conducted under the | 25 | | Department's rules applicable to formal administrative | 26 | | proceedings the Director
shall notify in writing the applicant |
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| 1 | | for or holder of a product
registration or firm license, | 2 | | referred to as the respondent in this Section,
that a hearing | 3 | | will be held on the date designated to determine whether the
| 4 | | respondent is entitled to hold a product registration or firm | 5 | | license and
shall afford the respondent opportunity to be heard | 6 | | in person or by counsel .
| 7 | | If it is determined after an administrative hearing, either | 8 | | in the presence or absence of the person notified, that any of | 9 | | the provisions of this Act or rules issued under it have been | 10 | | violated, the Director may certify the facts to the proper | 11 | | prosecuting attorney for the institution of criminal charges | 12 | | against a violator. | 13 | | The Department, over the signature of the Director, is | 14 | | authorized to
issue subpoenas and bring before the Department | 15 | | any person or persons in this State to take testimony, either | 16 | | orally, by deposition, disposition or by
exhibit, in the same | 17 | | manner prescribed by law in judicial proceedings and civil | 18 | | cases in the circuit courts of this State. The Director is | 19 | | authorized
to issue subpoenas duces tecum for any or all | 20 | | records relating to the commercial feed distributor's or | 21 | | registrant's business
in question .
| 22 | | (Source: P.A. 87-664.)".
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