Sec. 19. Violations; penalties.

337 words·~2 min read·/il/chapter-210/act-115/19

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(a)Whoever violates any provision of this Act, shall, except as otherwise provided, be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense. The State's Attorney of the county in which the violation occurred, or the Attorney General shall bring such actions in the name of the people of the State of Illinois, or may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, or to enjoin the operation of any such mobile home park.

(b)The Department may also impose an administrative monetary penalty against a person who operates a mobile home park in violation of this Act or the rules adopted under the authority of this Act. The Department shall establish the amount of the penalties by rule. The Department must provide the person with written notification of the alleged violation. The Department shall adopt rules defining classes of violations and allowing a minimum number of days for correction of each class of alleged violation.

In addition, before imposing an administrative monetary penalty under this subsection, the Department must provide the following to the person operating the mobile home park:

(1)Written notice of the person's right to request an administrative hearing on the

question of the alleged violation.

(2)An opportunity to present evidence, orally or in writing or both, on the question of

the alleged violation before an impartial hearing examiner appointed by the Director of Public Health.

(3)A written decision from the Director of Public Health, based on the evidence

introduced at the hearing and the hearing examiner's recommendations, finding that the person violated this Act.

The Attorney General may bring an action in the circuit court to enforce the collection of an administrative monetary penalty imposed under this subsection.

The Department shall deposit all administrative monetary penalties collected under this subsection into the Facility Licensing Fund. Subject to appropriation, moneys in the Fund shall be used for the enforcement of this Act.