Sec. 45-5. Inspections.

487 words·~2 min read·/il/chapter-20/act-301/45-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Employees of the Department are authorized to enter, at reasonable times and upon presentation of credentials, the premises on which any licensed or funded activity is conducted, including off-site services, in order to inspect all pertinent property, records, personnel and business data that relate to such activity.

(b)When authorized by an administrative inspection warrant issued pursuant to this Act, any officer or employee may execute the inspection warrant according to its terms. Entries, inspections and seizures of property may be made without a warrant:

(1)If the person in charge of the premises consents.

(2)In situations presenting imminent danger to health or safety.

(3)In situations involving inspections of conveyances if there is reasonable cause to

believe that the mobility of the conveyance makes it impracticable to obtain a warrant.

(4)In any other exceptional or emergency circumstances where time or opportunity to

apply for a warrant is lacking.

(c)Issuance and execution of administrative inspection warrants shall be as follows.

(1)A judge of the circuit court, upon proper oath or affirmation showing probable

cause, may issue administrative inspection warrants for the purpose of conducting inspections and seizing property. Probable cause exists upon showing a valid public interest in the effective enforcement of this Act or regulations promulgated hereunder, sufficient to justify inspection or seizure of property.

(2)An inspection warrant shall be issued only upon an affidavit of a person having

knowledge of the facts alleged, sworn to before the circuit judge and established as grounds for issuance of a warrant. If the circuit judge is satisfied that probable cause exists, he shall issue an inspection warrant identifying the premises to be inspected, the property, if any, to be seized, and the purpose of the inspection or seizure.

(3)The inspection warrant shall state the grounds for its issuance, the names of

persons whose affidavits have been taken in support thereof and any items or types of property to be seized.

(4)The inspection warrant shall be directed to a person authorized by the Secretary to

execute it, shall command the person to inspect or seize the property, direct that it be served at any time of day or night, and designate a circuit judge to whom it shall be returned.

(5)The inspection warrant must be executed and returned within 10 days of the date of

issuance unless the court orders otherwise.

(6)If property is seized, an inventory shall be made. A copy of the inventory of the

seized property shall be given to the person from whom the property was taken, or if no person is available to receive the inventory, it shall be left at the premises.

(7)No warrant shall be quashed nor evidence suppressed because of technical

irregularities not affecting the substantive rights of the persons affected. The Department shall have exclusive jurisdiction for the enforcement of this Act and for violations thereof.