Sec. 20. Administrative hearings; notice.

356 words·~2 min read·/il/chapter-505/act-80/20

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Sec. 20. Administrative hearings; notice. Any entity so notified of violating this Act or its rules shall be given the opportunity to be heard as may be prescribed by the Director. 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 in addition to any initial penalty levied by this Act as follows:

(1)A penalty of $1,000 shall be imposed for:

(A)neglect or refusal by any entity, after notice in writing, to comply with

provisions of this Act or its rules or any lawful order of the Director;

(B)every sale, disposal, or distribution of a fertilizer that is under a stop-sale

order; or

(C)concealing facts or conditions, impeding, obstructing, hindering, or otherwise

preventing or attempting to prevent the Director, or his or her duly authorized agent, in the performance of his or her duty in connection with the provisions of this Act.

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

(A)distribution of a fertilizer that is misbranded or adulterated;

(B)distribution of a fertilizer that does not have an accompanying label attached

or displayed;

(C)failure to comply with any provisions of this Act or its rules other than

described under this Section.

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

When a fertilizer-soil amendment combination labeled in accordance with 8 Ill. Adm. Code 211.40 Subpart

(b)is subject to penalties, the larger penalty shall be assessed.

All penalties collected by the Department under this Section shall be deposited into the Fertilizer Control Fund. Any penalty not paid within 60 days after receiving the notice from the Department shall be submitted to the Attorney General's office for collection.