Sec. 35. Penalties for violations.

271 words·~1 min read·/il/chapter-210/act-74/35

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

(a)If a physical fitness facility violates this Act by

(i)failing to adopt or implement a plan for responding to medical emergencies under Section 10 or

(ii)failing to have on the premises an AED or trained AED user as required under subsection

(a)or

(b)of Section 15, the Director may issue to the facility a written administrative warning without monetary penalty for the initial violation. The facility may reply to the Department with written comments concerning the facility's remedial response to the warning. For subsequent violations, the Director may impose a civil monetary penalty against the facility as follows:

(1)At least $1,500 but less than $2,000 for a second violation.

(2)At least $2,000 for a third or subsequent violation.

(b)The Director may impose a civil monetary penalty under this Section only after it provides the following to the facility:

(1)Written notice of the alleged violation.

(2)Written notice of the facility's right to request an administrative hearing on the

question of the alleged violation.

(3)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.

(4)A written decision from the Director, based on the evidence introduced at the

hearing and the hearing examiner's recommendations, finding that the facility violated this Act and imposing the civil penalty.

(c)The Attorney General may bring an action in the circuit court to enforce the collection of a monetary penalty imposed under this Section.

(d)The fines shall be deposited into the General Revenue Fund.