225 ILCS 720/8.07
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article VIII - Enforcement

 (from Ch. 96 1/2, par. 7908.07)Sec. 8.07.     Administrative Review.     (a) A permittee issued a notice  or order by the Department under Section 8.06, or any person having an interest  which is or may be adversely affected by such notice or order or by any  modification, vacation, or termination of such notice or order, may apply  to the Department for review of the notice or order within 30 days of  receipt thereof or within 30 days of its modification, vacation, or termination.  On receipt of such application, the Department shall cause such investigation  to be made as it deems appropriate. Such investigation shall provide an  opportunity for a public hearing, at the request of the applicant to enable  the applicant to present information relating to the issuance and continuance  of such notice or order or the modification, vacation, or termination thereof.  The filing of an application for review under this subsection shall not operate  as a stay of any order or notice.(b) The permittee and other interested persons shall be given written  notice of the time and place of the hearing at least five days prior thereto.  Any such hearing shall be of record.  The presiding officer at such hearing  may not (1) consult a person or party on a fact in issue unless on notice  and opportunity for all parties to participate, or (2) be responsible to  or subject to the supervision or direction of any person engaged in the  performance of investigative or prosecuting functions for the Department.(c) On receiving the report of an investigation under subsection (a) of  this Section, the Department shall make findings of fact, and shall issue  a written decision, incorporating its findings and an order vacating, affirming,  modifying, or terminating the notice or order, or the modification, vacation,  or termination of such notice or order complained of. If the application  for review concerns an order for cessation of mining and reclamation operations  issued under subsections (b) or (c) of Section 8.06, the Department shall  issue the written decision within 30 days of the receipt of the application  for review, unless temporary relief has been granted by the Department under  subsection (d) of this Section or by a court.(d) Pending completion of the investigation and hearing required by this  Section the applicant may file with the Department a written request that the  Department grant temporary relief from any notice or order issued under  Section 8.06 of this Act, together with a detailed statement giving reasons  for granting such relief. The Department shall issue an order or decision  granting or denying such relief. If the applicant requests relief from an  order for cessation of mining and reclamation operations issued pursuant  to subsections (b) or (c) of Section 8.06, the order or decision on such  a request shall be issued within five days after its receipt. The Department  may  grant such relief, under such conditions as it may prescribe, if (1) a hearing  has been held in the locality of the permit area on the request for temporary  relief in which all parties were given an opportunity to be heard; (2) the  applicant shows that there is substantial likelihood that the findings of  the Department will be favorable to him; and (3) such relief will not adversely  affect the health or safety of the public or cause significant, imminent  environmental harm to land, air, or water resources.(e) Following the issuance of an order to show cause why a permit should  not be suspended or revoked under Section 8.06, the Department shall hold  a public hearing after giving written notice of the time, place, and date  thereof to the permittee, interested persons, and the public. Such hearing  shall be of record and shall be subject to subsection (b) of this Section.  Within 60 days following the public hearing, the Department shall issue and  furnish to the permittee and all other parties to the hearing a written  decision, and the reasons therefor,  concerning suspension or revocation of the permit. If the Department revokes  the permit, the permittee shall immediately cease mining operations on the  permit area and shall complete reclamation within a period specified by  the Department, or the Department shall declare as forfeited the performance  bonds for the operation.(f) Whenever an order is issued under this Section, or as a result of  any administrative proceeding under this Act, at the request of any person,  a sum equal to the aggregate amount of all costs and expenses (including  attorney fees) as determined by the Department to have been reasonably incurred  by such person for or in connection with his participation in such proceedings,  including any judicial review of agency actions, may be assessed against  either party by the court (resulting from judicial review) or the Department  (resulting from administrative proceedings) on the basis of the importance  of the proceeding and the participation of the parties to the efficient  and effective enforcement of this Act.    (Source: P.A. 81-1015.)