Full Text of HB4894 101st General Assembly
HB4894 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4894 Introduced 2/18/2020, by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: |
| 210 ILCS 5/10g | from Ch. 111 1/2, par. 157-8.10g | 210 ILCS 45/3-711 | from Ch. 111 1/2, par. 4153-711 | 210 ILCS 46/3-711 | | 210 ILCS 47/3-711 | | 210 ILCS 85/7 | from Ch. 111 1/2, par. 148 | 210 ILCS 115/22 | from Ch. 111 1/2, par. 732 | 210 ILCS 125/19 | from Ch. 111 1/2, par. 1219 | 225 ILCS 207/20 | | 225 ILCS 225/13 | from Ch. 111 1/2, par. 116.313 | 225 ILCS 235/15 | from Ch. 111 1/2, par. 2215 | 225 ILCS 320/19 | from Ch. 111, par. 1118 | 410 ILCS 45/12.2 | |
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Amends the Mobile Home Park Act, the Illinois Plumbing License Law, the Private Sewage Disposal Licensing Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, the Commercial and Public Building Asbestos Abatement Act, the Lead Poisoning Prevention Act, the Structural Pest Control Act, the Swimming Facility Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that the procedures governing hearings authorized under the Acts shall be in accordance with rules adopted by the Department of Public Health. Requires a full and complete record to be kept of all contested proceedings by the Department. Removes language requiring the Department, at its expense, to provide a stenographer
to take the testimony, or otherwise record the testimony, and preserve
a record of proceedings. Makes other changes. Effective January 1, 2021.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Ambulatory Surgical Treatment Center Act is | 5 | | amended by changing Section 10g as follows:
| 6 | | (210 ILCS 5/10g) (from Ch. 111 1/2, par. 157-8.10g)
| 7 | | Sec. 10g. Notice of administrative actions; hearing | 8 | | procedures.
| 9 | | (a) Notice of all administrative actions taken under this | 10 | | Act shall be
effected by registered mail, certified mail, or | 11 | | personal service and shall
set forth the particular reasons for | 12 | | the proposed action and provide the
applicant or licensee with | 13 | | an opportunity to request a hearing. If a
hearing request is | 14 | | not received within 10 days, the right to a hearing
is waived.
| 15 | | (b) The procedure governing hearings authorized by this | 16 | | Section shall be
in accordance with rules promulgated by the | 17 | | Department consistent with this
Act. A hearing shall be | 18 | | conducted by the Director or by an individual
designated in | 19 | | writing by the Director as hearing officer. The procedures | 20 | | governing contested hearings authorized under this Act shall be | 21 | | in accordance with rules adopted by the Department. A full and | 22 | | complete record shall be kept of all contested proceedings by | 23 | | the Department. A full and
complete record shall be kept of all |
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| 1 | | proceedings, including notice of
hearing, complaint, and all | 2 | | other documents in the nature of pleadings,
written motions | 3 | | filed in the proceedings, and the report and orders of the
| 4 | | Director and hearing officer. All testimony shall be reported | 5 | | but need not
be transcribed unless the decision is appealed | 6 | | pursuant to Section 11 of
this Act. A copy or copies of the | 7 | | transcript may be obtained by any
interested party on payment | 8 | | of the cost of preparing such copy or copies.
| 9 | | (c) The Director or hearing officer shall, upon his own | 10 | | motion or on the
written request of any party to the | 11 | | proceeding, issue subpoenas requiring
the attendance and | 12 | | testimony of witnesses and subpoenas duces tecum
requiring the | 13 | | production of books, papers, records or memoranda. The fees
of | 14 | | witnesses for attendance and travel shall be the same as the | 15 | | fees of
witnesses before any circuit court of this State. Such | 16 | | fees shall be paid
when the witness is excused from further | 17 | | attendance. When the witness is
subpoenaed at the instance of | 18 | | the Director or hearing officer, such fees
shall be paid in the | 19 | | same manner as other expenses of the Department. When
the | 20 | | witness is subpoenaed at the instance of any other party to a
| 21 | | proceeding, the Department may require that the cost of service | 22 | | of the
subpoena or subpoena duces tecum and the fee of the | 23 | | witness be borne by the
party at whose instance the witness is | 24 | | summoned. In such case, the
Department, in its discretion, may | 25 | | require a deposit to cover the cost of
such service and witness | 26 | | fees. A subpoena or subpoena duces tecum issued
under this |
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| 1 | | Section shall be served in the same manner as a subpoena issued | 2 | | by a court.
| 3 | | (d) Any circuit court of this State, upon the application | 4 | | of the
Director or the application of any other party to the | 5 | | proceeding, may, in
its discretion, compel the attendance of | 6 | | witnesses, the production of
books, papers, records or | 7 | | memoranda, and the giving of testimony before the
Director or | 8 | | hearing officer conducting an investigation or holding a
| 9 | | hearing authorized by this Act, by an attachment for contempt, | 10 | | or
otherwise, in the same manner as production of evidence may | 11 | | be compelled
before the court.
| 12 | | (e) The Director or hearing officer, or any party in a | 13 | | hearing before the
Department, may cause the deposition of | 14 | | witnesses within the State to be
taken in the manner prescribed | 15 | | by law for depositions in civil actions in
courts of this | 16 | | State, and may compel the attendance of witnesses and the
| 17 | | production of books, papers, records or memoranda.
| 18 | | (f) The Director or Hearing Officer shall make findings of | 19 | | fact in such
hearing and the Director shall render his decision | 20 | | within 60 days
after the termination or waiving of the hearing | 21 | | unless additional time is
required by him for a proper | 22 | | disposition of the matter. When the hearing
has been conducted | 23 | | by a hearing officer, the Director shall review the
record and | 24 | | findings of fact before rendering a decision. A copy of the
| 25 | | findings of fact and decision of the Director shall be served | 26 | | upon the
applicant or licensee in person, by registered mail, |
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| 1 | | or by certified mail
in the same manner as the service of the | 2 | | notice of hearing. The decision
denying, suspending, or | 3 | | revoking a license shall become final 35 days after
it is | 4 | | mailed or served, unless the applicant or licensee, within the | 5 | | 35-day
period, petitions for review pursuant to Section 11 of | 6 | | this Act.
| 7 | | (Source: P.A. 86-1292.)
| 8 | | Section 10. The Nursing Home Care Act is amended by | 9 | | changing Section 3-711 as follows:
| 10 | | (210 ILCS 45/3-711) (from Ch. 111 1/2, par. 4153-711)
| 11 | | Sec. 3-711. Hearing procedures. The procedures governing | 12 | | hearings authorized under this Act shall be in accordance with | 13 | | rules adopted by the Department. A full and complete record | 14 | | shall be kept of all proceedings, including the notice of | 15 | | hearing, complaint, and all other documents in the nature of | 16 | | pleadings, written motions filed in the proceedings, and the | 17 | | report and orders of the Director and hearing officer. All | 18 | | testimony shall be recorded but need not be transcribed, unless | 19 | | the final administrative decision is appealed under Section | 20 | | 3-713. A copy or copies of the transcript may be obtained by | 21 | | any interested party upon payment of the cost of preparing the | 22 | | copy or copies. The Department may employ a court reporter and | 23 | | any party may arrange to have a court reporter attend the | 24 | | hearing at that party's expense. The Department, at its |
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| 1 | | expense, shall provide a stenographer
to take the testimony, or | 2 | | otherwise record the testimony, and preserve
a record of all | 3 | | proceedings under this Section. The notice of hearing, the
| 4 | | complaint and all other documents in the nature of pleadings | 5 | | and written
motions filed in the proceedings, the transcript of | 6 | | testimony, and the findings
and decision shall be the record of | 7 | | the proceedings. The Department shall
furnish a transcript of | 8 | | such record to any person interested in such hearing
upon | 9 | | payment therefor of 70 cents per page for each original | 10 | | transcript
and 25 cents per page for each certified copy | 11 | | thereof. However, the charge
for any part of such transcript | 12 | | ordered and paid for previous to the writing
of the original | 13 | | record shall be 25 cents per page.
| 14 | | (Source: P.A. 81-223.)
| 15 | | Section 15. The MC/DD Act is amended by changing Section | 16 | | 3-711 as follows: | 17 | | (210 ILCS 46/3-711)
| 18 | | Sec. 3-711. Hearing procedures Record of hearing; | 19 | | transcript . The procedures governing contested hearings | 20 | | authorized under this Act shall be in accordance with rules | 21 | | adopted by the Department. A full and complete record shall be | 22 | | kept of all contested proceedings by the Department. The | 23 | | Department, at its expense, shall provide a stenographer to | 24 | | take the testimony, or otherwise record the testimony, and |
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| 1 | | preserve a record of all proceedings under this Section. The | 2 | | notice of hearing, the complaint and all other documents in the | 3 | | nature of pleadings and written motions filed in the | 4 | | proceedings, the transcript of testimony, and the findings and | 5 | | decision shall be the record of the proceedings. The Department | 6 | | shall furnish a transcript of such record to any person | 7 | | interested in such hearing upon payment therefor of 70 cents | 8 | | per page for each original transcript and 25 cents per page for | 9 | | each certified copy thereof. However, the charge for any part | 10 | | of such transcript ordered and paid for previous to the writing | 11 | | of the original record shall be 25 cents per page.
| 12 | | (Source: P.A. 99-180, eff. 7-29-15.) | 13 | | Section 20. The ID/DD Community Care Act is amended by | 14 | | changing Section 3-711 as follows: | 15 | | (210 ILCS 47/3-711)
| 16 | | Sec. 3-711. Hearing procedures Record of hearing; | 17 | | transcript . The procedures governing contested hearings | 18 | | authorized under this Act shall be in accordance with rules | 19 | | adopted by the Department. A full and complete record shall be | 20 | | kept of all contested proceedings by the Department. The | 21 | | Department, at its expense, shall provide a stenographer to | 22 | | take the testimony, or otherwise record the testimony, and | 23 | | preserve a record of all proceedings under this Section. The | 24 | | notice of hearing, the complaint and all other documents in the |
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| 1 | | nature of pleadings and written motions filed in the | 2 | | proceedings, the transcript of testimony, and the findings and | 3 | | decision shall be the record of the proceedings. The Department | 4 | | shall furnish a transcript of such record to any person | 5 | | interested in such hearing upon payment therefor of 70 cents | 6 | | per page for each original transcript and 25 cents per page for | 7 | | each certified copy thereof. However, the charge for any part | 8 | | of such transcript ordered and paid for previous to the writing | 9 | | of the original record shall be 25 cents per page.
| 10 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 11 | | Section 25. The Hospital Licensing Act is amended by | 12 | | changing Section 7 as follows: | 13 | | (210 ILCS 85/7) (from Ch. 111 1/2, par. 148) | 14 | | Sec. 7. Administrative actions; notice; hearing | 15 | | procedures. | 16 | | (a) The Director after notice and opportunity for hearing | 17 | | to the
applicant or licensee may deny, suspend, or revoke a | 18 | | permit to establish a
hospital or deny, suspend, or revoke a | 19 | | license to open, conduct, operate,
and maintain a hospital in | 20 | | any case in which he finds that there has been a
substantial | 21 | | failure to comply with the provisions of this Act, the Hospital
| 22 | | Report Card Act, or the Illinois Adverse Health Care Events | 23 | | Reporting Law of 2005 or the standards, rules, and regulations | 24 | | established by
virtue of any of those Acts. The Department may |
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| 1 | | impose fines on hospitals, not to exceed $500 per occurrence, | 2 | | for failing to (1) initiate a criminal background check on a | 3 | | patient that meets the criteria for hospital-initiated | 4 | | background checks or (2) report the death of a person known to | 5 | | be a resident of a facility licensed under the ID/DD Community | 6 | | Care Act or the MC/DD Act to the coroner or medical examiner | 7 | | within 24 hours as required by Section 6.09a of this Act. In | 8 | | assessing whether to impose such a fine for failure to initiate | 9 | | a criminal background check, the Department shall consider | 10 | | various factors including, but not limited to, whether the | 11 | | hospital has engaged in a pattern or practice of failing to | 12 | | initiate criminal background checks. Money from fines shall be | 13 | | deposited into the Long Term Care Provider Fund. | 14 | | (b) Such notice shall be effected by registered mail or by | 15 | | personal
service setting forth the particular reasons for the | 16 | | proposed action and
fixing a date, not less than 15 days from | 17 | | the date of such mailing or
service, at which time the | 18 | | applicant or licensee shall be given an
opportunity for a | 19 | | hearing. Such hearing shall be conducted by the Director
or by | 20 | | an employee of the Department designated in writing by the | 21 | | Director
as Hearing Officer to conduct the hearing. On the | 22 | | basis of any such
hearing, or upon default of the applicant or | 23 | | licensee, the Director shall
make a determination specifying | 24 | | his findings and conclusions. In case of a
denial to an | 25 | | applicant of a permit to establish a hospital, such
| 26 | | determination shall specify the subsection of Section 6 under |
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| 1 | | which the
permit was denied and shall contain findings of fact | 2 | | forming the basis of
such denial. A copy of such determination | 3 | | shall be sent by registered mail
or served personally upon the | 4 | | applicant or licensee. The decision denying,
suspending, or | 5 | | revoking a permit or a license shall become final 35 days
after | 6 | | it is so mailed or served, unless the applicant or licensee, | 7 | | within
such 35 day period, petitions for review pursuant to | 8 | | Section 13. | 9 | | (c) The procedures governing contested hearings authorized | 10 | | by this Section shall be in accordance with rules adopted by | 11 | | the Department. A full and complete record shall be kept of all | 12 | | contested proceedings by the Department. The procedure | 13 | | governing hearings authorized by this Section shall be
in | 14 | | accordance with rules promulgated by the Department and | 15 | | approved by the
Hospital Licensing Board. A full and complete | 16 | | record shall be kept of all
proceedings, including the notice | 17 | | of hearing, complaint, and all other
documents in the nature of | 18 | | pleadings, written motions filed in the
proceedings, and the | 19 | | report and orders of the Director and Hearing Officer.
All | 20 | | testimony shall be reported but need not be transcribed unless | 21 | | the
decision is appealed pursuant to Section 13. A copy or | 22 | | copies of the
transcript may be obtained by any interested | 23 | | party on payment of the cost
of preparing such copy or copies. | 24 | | (d) The Director or Hearing Officer shall upon his own | 25 | | motion, or on the
written request of any party to the | 26 | | proceeding, issue subpoenas requiring
the attendance and the |
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| 1 | | giving of testimony by witnesses, and subpoenas
duces tecum | 2 | | requiring the production of books, papers, records, or
| 3 | | memoranda. All subpoenas and subpoenas duces tecum issued under | 4 | | the terms
of this Act may be served by any person of full age. | 5 | | The fees of witnesses
for attendance and travel shall be the | 6 | | same as the fees of witnesses before
the Circuit Court of this | 7 | | State, such fees to be paid when the witness is
excused from | 8 | | further attendance. When the witness is subpoenaed at the
| 9 | | instance of the Director, or Hearing Officer, such fees shall | 10 | | be paid in
the same manner as other expenses of the Department, | 11 | | and when the witness
is subpoenaed at the instance of any other | 12 | | party to any such proceeding the
Department may require that | 13 | | the cost of service of the subpoena or subpoena
duces tecum and | 14 | | the fee of the witness be borne by the party at whose
instance | 15 | | the witness is summoned. In such case, the Department in its
| 16 | | discretion, may require a deposit to cover the cost of such | 17 | | service and
witness fees. A subpoena or subpoena duces tecum | 18 | | issued as aforesaid shall
be served in the same manner as a | 19 | | subpoena issued out of a court. | 20 | | (e) Any Circuit Court of this State upon the application of | 21 | | the
Director, or upon the application of any other party to the | 22 | | proceeding,
may, in its discretion, compel the attendance of | 23 | | witnesses, the production
of books, papers, records, or | 24 | | memoranda and the giving of testimony before
the Director or | 25 | | Hearing Officer conducting an investigation or holding a
| 26 | | hearing authorized by this Act, by an attachment for contempt, |
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| 1 | | or
otherwise, in the same manner as production of evidence may | 2 | | be compelled
before the court. | 3 | | (f) The Director or Hearing Officer, or any party in an | 4 | | investigation or
hearing before the Department, may cause the | 5 | | depositions of witnesses
within the State to be taken in the | 6 | | manner prescribed by law for like
depositions in civil actions | 7 | | in courts of this State, and to that end
compel the attendance | 8 | | of witnesses and the production of books, papers,
records, or | 9 | | memoranda. | 10 | | (Source: P.A. 99-180, eff. 7-29-15.) | 11 | | Section 30. The Mobile Home Park Act is amended by changing | 12 | | Section 22 as follows:
| 13 | | (210 ILCS 115/22) (from Ch. 111 1/2, par. 732)
| 14 | | Sec. 22. Administrative actions; hearing procedures. Any | 15 | | person refused a permit to construct or alter a park or a
| 16 | | license, or whose license is suspended or revoked, shall have | 17 | | the right to a hearing
before the Department. A written notice | 18 | | of a request for such a hearing
shall be served upon the | 19 | | Department within 20 days of such refusal of a
permit to | 20 | | construct or alter or refusal of a license or suspension or
| 21 | | revocation thereof. The Director shall give written notice of | 22 | | such
decision, by registered mail, to the park operator or the | 23 | | applicant, as the
case may be, within 5 days of such refusal, | 24 | | suspension or revocation.
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| 1 | | The hearing shall be conducted by the Director, or a duly | 2 | | qualified
employee of the Department designated in writing by | 3 | | the Director as a
Hearing Officer.
| 4 | | The Director or Hearing Officer may compel by subpoena or | 5 | | subpoena duces
tecum the attendance and testimony of witnesses | 6 | | and the production of books
and papers, and administer oaths to | 7 | | witnesses. The hearing shall be
conducted at such place as | 8 | | designated by the Department, except that
hearings concerning | 9 | | the establishment, operation or licensing of a park in
a county | 10 | | of 1,000,000 or more inhabitants shall be conducted in such
| 11 | | county. The Director shall give written notice of the time and | 12 | | place of
hearing, by registered mail, to the park operator or | 13 | | license applicant, as
the case may be, at least 10 days prior | 14 | | to such hearing.
| 15 | | The Director or Hearing Officer shall permit the applicant | 16 | | or licensee
to appear in person and to be represented by | 17 | | counsel at the hearing at
which time the applicant or licensee | 18 | | shall be afforded an opportunity to
present all relevant matter | 19 | | in support of his application for license or
renewal of license | 20 | | or in resisting the revocation thereof.
| 21 | | In the event of the inability of any party, or the | 22 | | Department, to
procure the attendance of witnesses to give | 23 | | testimony or produce books and
papers, such party or the | 24 | | Department may take the deposition of witnesses
in accordance | 25 | | with the law pertaining to the taking of depositions in
civil | 26 | | cases in the circuit courts of this State. The procedures |
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| 1 | | governing contested hearings authorized under this Section | 2 | | shall be in accordance with rules adopted by the Department. A | 3 | | full and complete record shall be kept of all contested | 4 | | proceedings by the Department.
All testimony taken at a hearing | 5 | | shall be reduced to writing, and all such testimony and
other | 6 | | evidence introduced at the hearing shall constitute a part
of | 7 | | the record of the hearing.
| 8 | | The Director shall make findings of fact in such hearing, | 9 | | and the
Director shall render his or her decision within 30 | 10 | | days after the termination
of the hearing, unless additional | 11 | | time is required by him or her for
a proper disposition of the | 12 | | matter. When the hearing
has been conducted by a Hearing
| 13 | | Officer, the Director shall review the record before rendering | 14 | | a decision.
It shall be the duty of the Director to forward a | 15 | | copy of his or her
decision, by registered mail, to the park | 16 | | operator or applicant, as the case may be,
within 5 days of | 17 | | rendering such decision.
| 18 | | Technical errors in the proceeding before the Director or | 19 | | Hearing
Officer or their failure to observe the technical rules | 20 | | of evidence shall
not constitute grounds for the reversal of | 21 | | any administrative decision
unless it appears to the court that | 22 | | such error or failure materially
affects the rights of any | 23 | | party and results in substantial injustice to
him.
| 24 | | All subpoenas issued by the Director or Hearing Officer may | 25 | | be served as
provided for in civil actions. The fees of | 26 | | witnesses for
attendance and travel shall be the same as the |
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| 1 | | fees for witnesses before
the Circuit Court and shall be paid | 2 | | by the party to such proceeding at whose request the
subpoena | 3 | | is issued. If such subpoena is issued at the request of the
| 4 | | Department, the witness fee shall be paid as an administrative | 5 | | expense.
| 6 | | In cases of refusal of a witness to attend or testify, or | 7 | | to produce
books or papers, concerning any matter upon which he | 8 | | might be lawfully
examined, the Circuit Court of the county | 9 | | wherein the hearing is held, upon
application of any party to | 10 | | the proceeding, may compel
obedience by proceeding for contempt | 11 | | as in cases of a like refusal to obey
a similar order of the | 12 | | Court.
| 13 | | The Department shall not be required to certify any record | 14 | | or file any
answer or otherwise appear in any proceeding for | 15 | | judicial review unless the
party filing the complaint deposits | 16 | | with the clerk of the court the sum of
95 cents per page | 17 | | representing costs of such certification. Failure on the
part | 18 | | of the plaintiff to make such deposit shall be grounds for | 19 | | dismissal
of the action.
| 20 | | (Source: P.A. 83-334.)
| 21 | | Section 35. The Swimming Facility Act is amended by | 22 | | changing Section 19 as follows:
| 23 | | (210 ILCS 125/19) (from Ch. 111 1/2, par. 1219)
| 24 | | Sec. 19. Hearing procedures. The procedures governing |
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| 1 | | contested hearings authorized under this Act shall be in | 2 | | accordance with rules adopted by the Department. A full and | 3 | | complete record shall be kept of all contested proceedings by | 4 | | the Department. The Director shall make findings of fact in | 5 | | such hearing, and the
Director shall render his decision within | 6 | | 30 days after the termination of
the hearing, unless additional | 7 | | time is required by him for a proper
disposition of the matter. | 8 | | When the hearing has been conducted by a Hearing
Officer, the | 9 | | Director shall review the findings of fact and recommendations
| 10 | | of the Hearing Officer, and the transcribed record if a party | 11 | | has requested
and paid for such record before rendering a | 12 | | decision. It shall be the duty
of the Director to forward a | 13 | | copy of the his decision by registered or
certified mail, to | 14 | | the owner, operator, licensee , or applicant within 5 days
of | 15 | | rendition of such decision . Technical errors in the proceeding | 16 | | before
the Director or Hearing Officer or the Director's their | 17 | | failure to observe the technical
rules of evidence shall not be | 18 | | grounds for the reversal of any
administrative decision unless | 19 | | it appears to the court that such error or
failure materially | 20 | | affects the rights of any party and results in
substantial | 21 | | injustice to him.
| 22 | | (Source: P.A. 78-1149 .)
| 23 | | Section 40. The Commercial and Public Building Asbestos | 24 | | Abatement Act is amended by changing Section 20 as follows:
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| 1 | | (225 ILCS 207/20)
| 2 | | Sec. 20. Powers and Duties of the Department.
| 3 | | (a) The Department is empowered to promulgate any rules
| 4 | | necessary to ensure proper implementation and administration | 5 | | of
this Act, and compliance with the federal Asbestos School | 6 | | Hazard Abatement
Reauthorization Act of 1990.
| 7 | | (b) Rules promulgated by the Department shall include, but | 8 | | not be limited
to, rules relating to the correct and safe | 9 | | performance of response action
services, rules for the | 10 | | assessment of civil penalties for violations of this
Act or | 11 | | rules promulgated under it, and
rules providing for the | 12 | | training and licensing of persons
and firms (i) to perform | 13 | | asbestos inspection, (ii) to perform abatement
work, and (iii) | 14 | | to serve as asbestos abatement contractors, response action
| 15 | | contractors, and asbestos workers. The Department is empowered | 16 | | to inspect
activities regulated by this Act to ensure | 17 | | compliance.
| 18 | | Except as otherwise provided by Department rule, on and | 19 | | after the effective date of this amendatory Act of the 98th | 20 | | General Assembly, any licensing requirement adopted pursuant | 21 | | to this Section that may be satisfied by an industrial | 22 | | hygienist licensed pursuant to the Industrial Hygienists | 23 | | Licensure Act repealed in this amendatory Act may be satisfied | 24 | | by a Certified Industrial Hygienist certified by the American | 25 | | Board of Industrial Hygiene. | 26 | | (c) In carrying out its responsibilities under this Act, |
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| 1 | | the
Department shall:
| 2 | | (1) Publish a list of response action contractors | 3 | | licensed under
this Act, except that the Department shall | 4 | | not be required to
publish a list of licensed asbestos | 5 | | workers; and
| 6 | | (2) Adopt rules for the collection of fees for training | 7 | | course
approval and for the licensing of inspectors, | 8 | | project designers,
contractors, supervisors, and workers.
| 9 | | (d) The provisions of the Illinois Administrative | 10 | | Procedure
Act are hereby expressly adopted
and shall apply to | 11 | | all administrative rules and procedures of the
Department of | 12 | | Public Health under this Act, except that in case of
conflict | 13 | | between the Illinois Administrative Procedure Act and
this Act | 14 | | the provisions of this Act shall control, and except that
| 15 | | Section 5-35 of the Illinois Administrative Procedure Act | 16 | | relating to
procedures for rulemaking does not apply to the | 17 | | adoption of any
rule required by federal law in connection with | 18 | | which the
Department is precluded by law from exercising any | 19 | | discretion.
| 20 | | (e) All final administrative decisions of the Department
| 21 | | under this Act shall be subject to judicial review pursuant to | 22 | | the
provisions of the Administrative Review Law and the
rules | 23 | | adopted under it. The term "administrative decision"
has the | 24 | | meaning ascribed to it in Section 3-101 of the Code of Civil | 25 | | Procedure.
| 26 | | (f) The Director, after notice and opportunity for hearing |
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| 1 | | to
the applicant or license holder, may deny, suspend, or | 2 | | revoke a
license or expunge such person from the State list in | 3 | | any case in
which he or she finds that there has been a | 4 | | substantial failure to
comply with the provisions of this Act | 5 | | or the standards or rules
established under it.
Notice shall be | 6 | | provided by certified mail, return receipt requested, or by
| 7 | | personal
service setting forth the particular response for the | 8 | | proposed action
and fixing a date, not less than 15 days from | 9 | | the date of such
mailing or service, at which time the | 10 | | applicant, asbestos abatement contractor,
or license holder | 11 | | shall be given an opportunity to request hearing.
| 12 | | The hearing shall be conducted by the Director or by an
| 13 | | individual designated in writing by the Director as Hearing | 14 | | Officer
to conduct the hearing. On the basis of any such | 15 | | hearing, or upon
default of the asbestos abatement contractor, | 16 | | applicant or license holder, the
Director shall make a | 17 | | determination specifying his or her findings and
conclusions. A | 18 | | copy of the determination shall be sent by
certified mail, | 19 | | return receipt requested, or served personally upon the
| 20 | | applicant, contractor, or
license holder.
| 21 | | The procedure governing hearings authorized by this | 22 | | Section
shall be in accordance with rules promulgated by the | 23 | | Department. The procedures governing contested hearings | 24 | | authorized under this Section shall be in accordance with rules | 25 | | adopted by the Department. A full and complete record shall be | 26 | | kept of all contested proceedings by the Department.
A full and |
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| 1 | | complete record shall be kept of all proceedings,
including the | 2 | | notice of hearing, complaint, and all other documents
in the | 3 | | nature of pleadings, written motions filed in the proceedings,
| 4 | | and the report and orders of the Director and Hearing Officer. | 5 | | All
testimony shall be reported but need not be transcribed | 6 | | unless the
decision is sought to be reviewed under the | 7 | | Administrative
Review Law. A copy or copies of the transcript | 8 | | may be obtained
by any interested party on payment of the cost | 9 | | of preparing the
copy or copies. The Director or Hearing | 10 | | Officer shall, upon his or
her own motion or on the written | 11 | | request of any party to the
proceeding, issue subpoenas | 12 | | requiring the attendance and the giving
of testimony by | 13 | | witnesses, and subpoenas duces tecum requiring the
production | 14 | | of books, papers, records, or memoranda. All subpoenas
and | 15 | | subpoenas duces tecum issued under this Act may
be served by | 16 | | any person of legal age. The fees of witnesses for
attendance | 17 | | and travel shall be the same as the fees of witnesses
before | 18 | | the courts of this State, such fees to be paid when
the witness | 19 | | is excused from further attendance. When the witness
is | 20 | | subpoenaed at the instance of the Director or Hearing Officer,
| 21 | | such fees shall be paid in the same manner as other expenses of
| 22 | | the Department, and when the witness is subpoenaed at the
| 23 | | instance of any other party to any such proceeding the | 24 | | Department
may require that the cost of service of the subpoena | 25 | | or subpoena
duces tecum and the fee of the witness be borne by | 26 | | the party at
whose instance the witness is summoned. In such |
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| 1 | | case, the
Department in its discretion may require a deposit to | 2 | | cover the cost
of such service and witness fees. A subpoena or | 3 | | subpoena duces
tecum so issued as above stated shall be served | 4 | | in the same
manner as a subpoena issued by a circuit court.
| 5 | | Any circuit court of this State, upon the application of | 6 | | the
Director, or upon the application of any other party to the
| 7 | | proceeding, may, in its discretion, compel the attendance of
| 8 | | witnesses, the production of books, papers, records, or | 9 | | memoranda
and the giving of testimony before the Director or | 10 | | Hearing Officer
conducting an investigation or holding a | 11 | | hearing authorized by this
Act, by an attachment for contempt | 12 | | or otherwise, in the same
manner as production of evidence may | 13 | | be compelled before the
court.
| 14 | | The Director or Hearing Officer, or any party in an
| 15 | | investigation or hearing before the Department, may cause the
| 16 | | depositions of witnesses within this State to be taken in the | 17 | | manner
prescribed by law for like depositions in civil actions | 18 | | in courts of
this State, and, to that end, compel the | 19 | | attendance of witnesses and
the production of books, papers, | 20 | | records, or memoranda.
| 21 | | The Department shall not be required to certify any record, | 22 | | file any answer, or otherwise appear in any proceeding for | 23 | | judicial review unless the party filing the complaint deposits | 24 | | with the clerk of the court the sum of 95 cents per page | 25 | | representing costs of such certification. Failure on the part | 26 | | of the filing party to make such deposit shall be grounds for |
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| 1 | | dismissal of the action. | 2 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 3 | | Section 45. The Private Sewage Disposal Licensing Act is | 4 | | amended by changing Section 13 as follows:
| 5 | | (225 ILCS 225/13) (from Ch. 111 1/2, par. 116.313)
| 6 | | Sec. 13. Notice of administrative actions; hearing | 7 | | procedures. The Department shall give written notice by | 8 | | certified or registered mail
to any person refused a license or
| 9 | | whose license is suspended or revoked, or an approved unit of | 10 | | local
government whose approval is denied, suspended or revoked | 11 | | or any person in
violation of the Act, rules and regulations. | 12 | | Such person has a right to a
hearing before the Department; | 13 | | however, a written notice of a request for
such a hearing must | 14 | | be served on the Department within 10 days of notice of
such | 15 | | refusal of a license or suspension or revocation thereof or | 16 | | notice of
violation. The hearing shall be conducted by the | 17 | | Director, or a Hearing
Officer designated in writing by the | 18 | | Director, to conduct the hearing. A
stenographic record shall | 19 | | be made of the hearing and the cost borne by the
Department; | 20 | | however, a transcription of the hearing will be made only if a
| 21 | | person requests it and shall be transcribed at the cost of such | 22 | | person.
| 23 | | The hearing shall be conducted at such place as designated | 24 | | by the
Department. The Director shall give written notice of |
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| 1 | | the time and place of
hearing, by registered or certified mail, | 2 | | to the owner, operator, licensee,
or applicant, as the case may | 3 | | be, at least 20 days before such hearing. The
Director or | 4 | | Hearing Officer shall permit the licensee, applicant, person,
| 5 | | or unit of local government to appear in person or to be | 6 | | represented by
counsel at the hearing at which time such party | 7 | | shall be afforded an
opportunity to present all relevant matter | 8 | | in reference thereto.
| 9 | | The procedures governing contested hearings authorized | 10 | | under this Section shall be in accordance with rules adopted by | 11 | | the Department. A full and complete record shall be kept of all | 12 | | contested proceedings by the Department. | 13 | | (Source: P.A. 84-670.)
| 14 | | Section 50. The Structural Pest Control Act is amended by | 15 | | changing Section 15 as follows:
| 16 | | (225 ILCS 235/15) (from Ch. 111 1/2, par. 2215)
| 17 | | (Section scheduled to be repealed on December 31, 2029)
| 18 | | Sec. 15. Administrative hearing. The Department shall give
| 19 | | written notice by certified or registered mail to any
| 20 | | applicant, licensee, registrant or certified technician
of the | 21 | | Department's intent to suspend, revoke, or refuse to issue a
| 22 | | license, registration, or certificate or to assess a fine. Such | 23 | | person
has a right to a hearing before the Department; however, | 24 | | a written
notice of a request for such a hearing shall be |
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| 1 | | served on the
Department within 10 days of notice of such | 2 | | refusal, suspension, or
revocation of a license, registration, | 3 | | or certification, or imposition
of a fine. The hearing shall be | 4 | | conducted by the
Director, or a Hearing Officer designated in | 5 | | writing by the
Director, to conduct the hearing. The procedures | 6 | | governing contested hearings authorized under this Section | 7 | | shall be in accordance with rules adopted by the Department. A | 8 | | full and complete record shall be kept of all contested | 9 | | proceedings by the Department. A stenographic record shall
be | 10 | | made of the hearing and the cost borne by the Department;
| 11 | | however, a transcription of the hearing will be made only if a
| 12 | | person requests and shall be transcribed at the cost of such | 13 | | person.
| 14 | | The hearing shall be conducted at such place as designated | 15 | | by the
Department.
| 16 | | (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08 .)
| 17 | | Section 55. The Illinois Plumbing License Law is amended by | 18 | | changing Section 19 as follows:
| 19 | | (225 ILCS 320/19) (from Ch. 111, par. 1118)
| 20 | | Sec. 19. Administrative actions; notice; hearing | 21 | | procedures. The Director, after notice and opportunity for | 22 | | hearing to the
applicant, license holder, or registrant, may | 23 | | deny, suspend, or
revoke a
license or registration in any case | 24 | | in which he or she finds that there has
been a
substantial |
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| 1 | | failure to comply with the provisions of this Act or the
| 2 | | standards, rules, and regulations established under this Act.
| 3 | | Notice shall be provided by certified mail or by personal | 4 | | service
setting forth the particular reasons for the proposed | 5 | | action and fixing a
date, not less than 20 days from the date | 6 | | of the mailing or service, within
which time the applicant or | 7 | | license holder must request in
writing a hearing. Failure to | 8 | | serve upon the Department a request for
hearing in writing | 9 | | within the time provided in the notice shall constitute
a | 10 | | waiver of the person's right to an administrative hearing.
| 11 | | The hearing shall be conducted by the Director or by an | 12 | | individual
designated in writing by the Director as a hearing | 13 | | officer to conduct the
hearing. The Director or hearing officer | 14 | | shall give written notice of the
time and place of the hearing, | 15 | | by certified mail or personal service, to
the applicant, | 16 | | license holder, or registrant at least 10 days prior
to the | 17 | | hearing. On
the basis of the hearing, or upon default of the | 18 | | applicant, license
holder, or registrant, the Director shall | 19 | | make a determination specifying
his or her
findings and | 20 | | conclusions. A copy of the determination shall be sent by
| 21 | | certified mail or served personally upon the applicant, license
| 22 | | holder, or registrant.
The decision of the Director shall be | 23 | | final on issues of fact and final in
all respects unless | 24 | | judicial review is sought as provided in this Act.
| 25 | | The procedure governing hearings authorized by this | 26 | | Section shall be in
accordance with rules promulgated by the |
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| 1 | | Department. A full and complete
record shall be kept of all | 2 | | proceedings, including the notice of hearing,
complaint, and | 3 | | all other documents in the nature of pleadings, written
motions | 4 | | filed in the proceedings, and the report and orders of the | 5 | | Director
and hearing officer.
| 6 | | The Department at its expense shall provide a court | 7 | | reporter to take
testimony. Technical error in the proceedings | 8 | | before the Department or
hearing officer or their failure to | 9 | | observe the technical rules of evidence
shall not be grounds | 10 | | for the reversal of any administrative decision unless
it | 11 | | appears to the Court that such error or failure materially | 12 | | affects the
rights of any party and results in substantial | 13 | | injustice to them.
| 14 | | The Department or hearing officer, or any parties in an | 15 | | investigation
or hearing before the Department, may cause the | 16 | | depositions of witnesses
within the State to be taken in the | 17 | | manner prescribed by law for
depositions in civil actions in | 18 | | courts of this State, and
compel the attendance of witnesses | 19 | | and the production of books, papers,
records, or memoranda.
| 20 | | The procedures governing contested hearings authorized | 21 | | under this Section shall be in accordance with rules adopted by | 22 | | the Department. A full and complete record shall be kept of all | 23 | | contested proceedings by the Department. | 24 | | The Department shall not be required to certify any record | 25 | | to the
Court or file any answer in Court or otherwise appear in | 26 | | any Court in a
judicial review proceeding, unless there is |
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| 1 | | filed in the Court with the
complaint a receipt from the | 2 | | Department acknowledging payment of the costs
of furnishing and | 3 | | certifying the record. Such cost shall be paid by the
party | 4 | | requesting a copy of the record. Failure on the part of the | 5 | | person
requesting a copy of the record to pay the cost shall be | 6 | | grounds for dismissal
of the action.
| 7 | | (Source: P.A. 91-678, eff. 1-26-00.)
| 8 | | Section 60. The Lead Poisoning Prevention Act is amended by | 9 | | changing Section 12.2 as follows: | 10 | | (410 ILCS 45/12.2) | 11 | | Sec. 12.2. Violations and enforcement. | 12 | | (a) The following provisions shall apply concerning | 13 | | criminal sanctions: | 14 | | (1) Violation of any Section of this Act other than | 15 | | Section 6.01 or Section 7 shall be punishable as a Class A | 16 | | misdemeanor. A violation of Section 6.01 shall cause the | 17 | | Department to issue a written warning for a first offense | 18 | | and shall be a petty offense for a second or subsequent | 19 | | offense if the violation occurs at the same location within | 20 | | 12 months after the first offense. | 21 | | (2) Any person who knowingly violates this Act or the | 22 | | rules adopted by the Department or who knowingly violates | 23 | | any determination or order of the Department under this Act | 24 | | shall be guilty of a Class 4 felony. A person who, after |
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| 1 | | being convicted under this paragraph, knowingly violates | 2 | | this paragraph a second or subsequent time commits a Class | 3 | | 3 felony. | 4 | | (3) Any person who knowingly makes a false statement, | 5 | | orally or in writing, to the Department related to or | 6 | | required by this Act, a rule adopted under this Act, any | 7 | | federal law or rule for which the Department has | 8 | | responsibility, or any determination or order of the | 9 | | Department under this Act, or any permit, term, or | 10 | | condition thereof, commits a Class 4 felony, and each such | 11 | | statement or writing shall be considered a separate Class 4 | 12 | | felony. A person who, after being convicted under this | 13 | | paragraph, knowingly violates this paragraph a second or | 14 | | subsequent time commits a Class 3 felony. | 15 | | (4) Any criminal action brought under this Section | 16 | | shall be brought by the State's Attorney of the county in | 17 | | which the violation occurred or by the Attorney General and | 18 | | shall be conducted in accordance with the applicable | 19 | | provisions of the Code of Criminal Procedure of 1963. | 20 | | (5) For an offense described in this subsection (a), | 21 | | the period for commencing prosecution prescribed by the | 22 | | statute of limitations shall not begin to run until the | 23 | | offense is discovered by or reported to a State or local | 24 | | agency having the authority to investigate violations of | 25 | | this Act. | 26 | | (6) In addition to any other penalty provided under |
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| 1 | | this Act, the court in a criminal action brought under this | 2 | | subsection (a) may impose upon any person who violates this | 3 | | Act or the rules adopted under this Act or who does not | 4 | | comply with a notice of deficiency and a mitigation order | 5 | | issued under subsection (7) of Section 9 of this Act or who | 6 | | fails to comply with subsection (3) or subsection (5) of | 7 | | Section 9 of this Act a penalty not to exceed $5,000 for | 8 | | each violation. Each day a violation exists constitutes a | 9 | | separate violation. In assessing a criminal penalty under | 10 | | this Section, the court shall consider any civil fines the | 11 | | person has paid which were imposed pursuant to subsection | 12 | | (b) of this Section. Any penalties collected in a court | 13 | | proceeding shall be deposited into a delegated county lead | 14 | | poisoning screening, prevention, and abatement fund or, if | 15 | | no delegated county or lead poisoning screening, | 16 | | prevention, and abatement fund exists, into the Lead | 17 | | Poisoning Screening, Prevention, and Abatement Fund | 18 | | established under Section 7.2 of this Act. | 19 | | (b) The Department is authorized to assess administrative | 20 | | civil fines against any licensee or any other person who | 21 | | violates this Act or the rules adopted under this Act. These | 22 | | fines may be assessed in addition to or in lieu of license | 23 | | suspensions or revocations and in addition to or in lieu of | 24 | | criminal sanctions. The amount of the administrative civil fine | 25 | | shall be determined by rules adopted by the Department. Each | 26 | | day a violation exists shall constitute a separate violation. |
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| 1 | | The minimum civil fine shall be $50 per violation per day and | 2 | | the maximum civil fine shall be $5,000 per violation per day. | 3 | | Any civil fines so collected shall be deposited into the Lead | 4 | | Poisoning Screening, Prevention, and Abatement Fund | 5 | | established under Section 7.2 of this Act. | 6 | | (c) The Director, after notice and opportunity for hearing, | 7 | | may deny, suspend, or revoke a license of a licensee or fine a | 8 | | licensee or any other person who has violated this Act or the | 9 | | rules adopted under this Act. Notice shall be provided by | 10 | | certified mail, return receipt requested, or by personal | 11 | | service, fixing a date, not less than 15 days from the date of | 12 | | such mailing or service, at which time the person shall be | 13 | | given an opportunity to request a hearing. Failure to request a | 14 | | hearing within that time period constitutes a waiver of the | 15 | | right to a hearing. The hearing shall be conducted by the | 16 | | Director or by an individual designated in writing by the | 17 | | Director as a hearing officer to conduct the hearing. On the | 18 | | basis of any such hearing or upon default of the respondent, | 19 | | the Director shall make a determination specifying his or her | 20 | | findings and conclusions. A copy of the determination shall be | 21 | | sent by certified mail, return receipt requested, or served | 22 | | personally upon the respondent. | 23 | | (d) The procedures governing contested hearings authorized | 24 | | under this Section shall be in accordance with rules adopted by | 25 | | the Department. A full and complete record shall be kept of all | 26 | | contested proceedings by the Department. The procedure |
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| 1 | | governing hearings authorized by this Section shall be in | 2 | | accordance with rules adopted by the Department. A full and | 3 | | complete record shall be kept of all proceedings, including the | 4 | | notice of hearing, complaint, and all other documents in the | 5 | | nature of pleadings, written motions filed in the proceedings, | 6 | | and the report and orders of the Director and hearing officer. | 7 | | All testimony shall be reported, but need not be transcribed | 8 | | unless the decision is sought to be reviewed under the | 9 | | Administrative Review Law. A copy or copies of the transcript | 10 | | may be obtained by any interested party on payment of the cost | 11 | | of preparing the copy or copies. The Director or hearing | 12 | | officer shall, upon his or her own motion or on the written | 13 | | request of any party to the proceeding, issue subpoenas | 14 | | requiring the attendance and the giving of testimony by | 15 | | witnesses and subpoenas duces tecum requiring the production of | 16 | | books, papers, records, or memoranda. All subpoenas and | 17 | | subpoenas duces tecum issued under this Act may be served by | 18 | | any person of legal age. The fees of witnesses for attendance | 19 | | and travel shall be the same as the fees of witnesses before | 20 | | the courts of this State, such fees to be paid when the witness | 21 | | is excused from further attendance. When the witness is | 22 | | subpoenaed at the instance of the Director or hearing officer, | 23 | | the fees shall be paid in the same manner as other expenses of | 24 | | the Department, and when the witness is subpoenaed at the | 25 | | instance of any other party to any such proceeding the | 26 | | Department may require that the cost of service of the subpoena |
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| 1 | | or subpoena duces tecum and the fee of the witness be borne by | 2 | | the party at whose instance the witness is summoned. In such | 3 | | case, the Department in its discretion may require a deposit to | 4 | | cover the cost of such service and witness fees. A subpoena or | 5 | | subpoena duces tecum so issued pursuant to this subsection (d) | 6 | | shall be served in the same manner as a subpoena issued by a | 7 | | circuit court. | 8 | | (e) Any circuit court of this State, upon the application | 9 | | of the Director or upon the application of any other party to | 10 | | the proceeding, may, in its discretion, compel the attendance | 11 | | of witnesses, the production of books, papers, records, or | 12 | | memoranda, and the giving of testimony before the Director or | 13 | | hearing officer conducting an investigation or holding a | 14 | | hearing authorized by this Act, by an attachment for contempt | 15 | | or otherwise, in the same manner as production of evidence may | 16 | | be compelled before the court. | 17 | | (f) All final administrative decisions of the Department | 18 | | under this Act shall be subject to judicial review pursuant to | 19 | | the provisions of the Administrative Review Law and the rules | 20 | | adopted under it. "Administrative decision" has the meaning | 21 | | ascribed to it in Section 3-101 of the Code of Civil Procedure. | 22 | | The Department is not required to certify any record or file | 23 | | any answer or otherwise appear in any proceeding for judicial | 24 | | review unless the party filing the complaint deposits with the | 25 | | clerk of the court the sum of $2 per page representing the | 26 | | costs of the certification. Failure on the part of the |
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| 1 | | plaintiff to make such deposit shall be grounds for dismissal | 2 | | of the action. | 3 | | (g) The State's Attorney of the county in which the | 4 | | violation occurred or the Attorney General shall bring such | 5 | | actions in the name of the people of the State of Illinois and | 6 | | may, in addition to other remedies provided in this Act, bring | 7 | | action for an injunction to restrain such violation, impose | 8 | | civil penalties, and enjoin the operation of any such person or | 9 | | establishment.
| 10 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2021.
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