Sec. 50. Hearing; notice; injunction.

319 words·~1 min read·/il/chapter-505/act-120/50

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

(a)The Department, over the signature of the Director, is authorized to issue subpoenas and bring before the Department any person or persons in this State to take testimony orally, by deposition, or by exhibit, in the same manner prescribed by law in judicial proceedings and civil cases in the circuit courts of this State. The Director is authorized to issue subpoenas duces tecum for records relating to a soil amendment distributor's or registrant's business.

(b)The Department, over the signature of the Director, may apply to any court for a temporary restraining order or a preliminary or permanent injunction restraining any person from violating or continuing to violate any provision of this Act or its rules. An injunction issued under this Section shall be issued without bond.

(c)When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act, shall levy and the Department shall collect administrative penalties on a per-occurrence basis as follows:

(1)A penalty of $500 shall be imposed for the following violations:

(a)Neglect or refusal, after notice in writing, to comply with provisions of this

Act or its rules or any lawful order of the Director.

(b)Sale, transport, disposal, or distribution of a soil amendment that has been

placed under a stop-sale order.

(2)A penalty of $250 shall be imposed for the following violations:

(a)Thwarting or hindering the Director in the performance of his or her duties by

misrepresenting or concealing facts or conditions.

(b)Distribution of a soil amendment that is mislabeled or adulterated.

(3)A penalty of $100 shall be imposed for the following violations:

(a)Distribution of a soil amendment that does not have an accompanying label

attached or displayed.

(b)Failure to comply with any provision of this Act or its rules.

(c)Distribution in this State of any soil amendment containing noxious weed seed.