Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 6000 - AMUSEMENT RIDE AND ATTRACTION SAFETY ACT › Section 6000.90 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any
			 person who operates an amusement ride or amusement attraction at a carnival,
			 amusement enterprise, or fair without having obtained a permit from the
			 Department or who violates any order or rule issued by the Department under the
			 Act is guilty of a Class A misdemeanor. Each day shall constitute a separate
			 and distinct offense.
(Section 2-15 of the Act)
b)
Any person who interferes with,
			 impedes, or obstructs in any manner the Director or any authorized
			 representative of the Department in the performance of their duties under the
			 Act is guilty of a Class A misdemeanor.
(Section 2-15 of the
			 Act)
c) The Department may assess
a civil penalty not to exceed $2,500 per violation for a first
			 violation and not to exceed $5,000 for a second or subsequent
			 violation
to any person who owns or operates an amusement ride or
			 amusement attraction without having obtained a permit from the Department in
			 violation of the Act. (Section 2-15 of the Act)
d) The Department may assess a civil penalty
in an amount not to exceed $5,000 for a first offense, not to exceed
			 $10,000 for a second offense, and a subsequent offense shall result in the
			 revocation of a permit to operate in accordance with Section 2-8.1
of
			 the Act to any person that owns or operates a carnival or fair that fails to
			 conduct a criminal history records check or a sex offender registry check for
			 carnival or amusement enterprise workers in its employ, as required by the Act.
			 (Section 2-20 of the Act)
e) When
			 the Department assesses a penalty in accordance with subsection (c) or (d), the
			 Department shall notify the owner/operator of the grounds for its
			 action.
f) If a person against whom
			 the penalty has been assessed wishes to challenge the basis for the penalty or
			 the amount of the penalty, the person may appeal the Department's decision by
			 filing a written request for a hearing within 10 working days after the
			 Department's action. Failure to file an appeal and request for a hearing shall
			 cause the decision of the Department to become a final decision of the
			 Department, subject to the Administrative Review Law.
g) Service of notice of a hearing shall be
			 made by personal service or certified mail to the address shown on the
			 application for permit, or to any other address on file with the Department and
			 reasonably believed to be the current address of the permit holder.
h) The written notice of a hearing shall
			 specify the time, date and location of the hearing.
i) At the hearing, the Department shall have
			 the burden of establishing the violation for which the penalty has been
			 assessed.
j) The hearing under this
			 Section shall comply with the Department's Rules of Procedure in Administrative
			 Hearings (56 Ill. Adm. Code 120), except that formal discovery, such as
			 production requests, interrogatories, requests to admit and depositions shall
			 not be allowed. Prior to hearing, the parties shall exchange documents and
			 witness lists and have the right to issue subpoenas.
k) The Administrative Law Judge's decision
			 shall be deemed a final administrative decision of the Department, subject to
			 the Administrative Review Law.
l)
			 In computing any period of time prescribed or allowed by this Part, the day of
			 the act, event or default after which the designated period of time begins to
			 run is not to be included, and the designated period shall run until the end of
			 the last day, or the next following working day.