(225 ILCS 720/8.07) (from Ch. 96 1/2, par. 7908.07)
Sec. 8.07.
Administrative Review.
(a) A permittee issued a notice
or order by the Department under Section 8.06, or any person having an interest
which is or may be adversely affected by such notice or order or by any
modification, vacation, or termination of such notice or order, may apply
to the Department for review of the notice or order within 30 days of
receipt thereof or within 30 days of its modification, vacation, or termination.
On receipt of such application, the Department shall cause such investigation
to be made as it deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request of the applicant to enable
the applicant to present information relating to the issuance and continuance
of such notice or order or the modification, vacation, or termination thereof.
The filing of an application for review under this subsection shall not operate
as a stay of any order or notice.
(b) The permittee and other interested persons shall be given written
notice of the time and place of the hearing at least five days prior thereto.
Any such hearing shall be of record. The presiding officer at such hearing
may not (1) consult a person or party on a fact in issue unless on notice
and opportunity for all parties to participate, or (2) be responsible to
or subject to the supervision or direction of any person engaged in the
performance of investigative or prosecuting functions for the Department.
(c) On receiving the report of an investigation under subsection (a) of
this Section, the Department shall make findings of fact, and shall issue
a written decision, incorporating its findings and an order vacating, affirming,
modifying, or terminating the notice or order, or the modification, vacation,
or termination of such notice or order complained of. If the application
for review concerns an order for cessation of mining and reclamation operations
issued under subsections (b) or (c) of Section 8.06, the Department shall
issue the written decision within 30 days of the receipt of the application
for review, unless temporary relief has been granted by the Department under
subsection (d) of this Section or by a court.
(d) Pending completion of the investigation and hearing required by this
Section the applicant may file with the Department a written request that the
Department grant temporary relief from any notice or order issued under
Section 8.06 of this Act, together with a detailed statement giving reasons
for granting such relief. The Department shall issue an order or decision
granting or denying such relief. If the applicant requests relief from an
order for cessation of mining and reclamation operations issued pursuant
to subsections (b) or (c) of Section 8.06, the order or decision on such
a request shall be issued within five days after its receipt. The Department
may
grant such relief, under such conditions as it may prescribe, if (1) a hearing
has been held in the locality of the permit area on the request for temporary
relief in which all parties were given an opportunity to be heard; (2) the
applicant shows that there is substantial likelihood that the findings of
the Department will be favorable to him; and (3) such relief will not adversely
affect the health or safety of the public or cause significant, imminent
environmental harm to land, air, or water resources.
(e) Following the issuance of an order to show cause why a permit should
not be suspended or revoked under Section 8.06, the Department shall hold
a public hearing after giving written notice of the time, place, and date
thereof to the permittee, interested persons, and the public. Such hearing
shall be of record and shall be subject to subsection (b) of this Section.
Within 60 days following the public hearing, the Department shall issue and
furnish to the permittee and all other parties to the hearing a written
decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the Department revokes
the permit, the permittee shall immediately cease mining operations on the
permit area and shall complete reclamation within a period specified by
the Department, or the Department shall declare as forfeited the performance
bonds for the operation.
(f) Whenever an order is issued under this Section, or as a result of
any administrative proceeding under this Act, at the request of any person,
a sum equal to the aggregate amount of all costs and expenses (including
attorney fees) as determined by the Department to have been reasonably incurred
by such person for or in connection with his participation in such proceedings,
including any judicial review of agency actions, may be assessed against
either party by the court (resulting from judicial review) or the Department
(resulting from administrative proceedings) on the basis of the importance
of the proceeding and the participation of the parties to the efficient
and effective enforcement of this Act.
(Source: P.A. 81-1015.)
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