Sec. 35. Notice of probable violation; Department hearing.

578 words·~3 min read·/il/chapter-415/act-160/35

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(a)As used in this Section, "violation" means a failure to comply with any provision of this Act or any Department order or rule issued under this Act.

(b)After investigation and determination of a probable violation, the underground natural gas storage safety manager may issue a notice of probable violation. The notice of probable violation shall be considered served when sent by first class mail to the person or permittee at his or her last known address or by electronic mail in a manner prescribed by rules adopted by the Department under this Act. Any notice of probable violation issued and served as described in this subsection may also be posted on the Department's website as a public document.

(c)A notice of probable violation shall include, at a minimum, the following:

(1)the date the notice of probable violation was issued and served;

(2)a description of the violation or violations alleged;

(3)the date and location of the safety incident, if applicable, related to each alleged violation;

(4)a detailed description of the circumstances that support the determination of each proposed violation;

(5)a detailed description of the corrective action required with respect to each proposed violation;

(6)the amount of the penalty, if any, recommended with respect to each proposed violation;

(7)the applicable recommended deadline for payment of each proposed penalty and for completion of each proposed corrective action;

(8)notification that any such recommended deadline may be extended by mutual agreement of the parties for the purpose of facilitating settlement or compromise; and

(9)a brief description of the procedures by which any recommended penalty or proposed corrective action may be challenged at the Department or approved pursuant to subsection

(f)of Section 30.

(d)Payment in full of each of the recommended penalties and full completion of each of the proposed corrective actions, as identified in the notice of probable violation and in accordance with the terms and conditions described in the notice of probable violation including, without limitation, the respective recommended deadlines described in the notice of probable violation for the payment or completion, shall constitute a final resolution of the notice of probable violation, subject to the approval by the Director of the recommended penalty and payment in accordance with subsection

(f)of Section 30.

(e)The person charged in the applicable notice of probable violation shall have 30 days from the date of service of the notice of probable violation to request a hearing. The filing of a request for a hearing shall not operate as a stay of the notice of probable violation.

After receipt of a request, the Department shall provide the person with an opportunity for a formal hearing after giving a notice of not less than 5 days. The hearing shall be conducted by the Director or anyone designated by him or her for that purpose and shall be located and conducted in accordance with the rules adopted by the Department. Failure of the person or permittee to timely request a hearing or, if a civil penalty has been assessed, to timely tender the assessed civil penalty shall constitute a waiver of all legal rights to contest the notice of probable violation, including the amount of any civil penalty.

Within 30 days after the close of the hearing record or expiration of the time to request a hearing, the Department shall issue a final administrative order.