Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 6000 - AMUSEMENT RIDE AND ATTRACTION SAFETY ACT › Section 6000.65 - Suspension of Permit to Operate

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Director may deny, suspend or revoke the permit to operate when the
			 amusement ride or amusement attraction does not meet the requirements of the
			 Act or this Part or has been operated in violation of the Act or this Part, or
			 for other good cause under the meaning and purposes of the Act. The amusement
			 ride or amusement attraction may not be operated while the permit is denied,
			 suspended or revoked.
b) If the
			 Department denies, suspends or revokes a permit or issues a Stop Operation
			 Order as provided in Section
			 6000.180, it
			 shall notify, in writing, the owner and, if the owner is neither the person
			 operating nor controlling, nor has the duty to control, the operation of the
			 amusement ride or amusement attraction, the Department shall also notify that
			 person of the basis for the Department's action. If the Department issues a
			 Stop Operation Order, the notice shall also include the conditions requiring
			 correction at the time the Stop Operation Order is issued.
c) If a person whose permit has been
			 suspended or revoked, whose application for a permit has been denied, or who
			 has received a Stop Operation Order believes that the violation or condition
			 justifying suspension, revocation, Stop Operation Order or denial does not
			 exist, the person may appeal the Department's decision by filing a written
			 request for a hearing within 10 working days after the Department's decision.
			 Failure to file an appeal and request for a hearing shall cause the decision of
			 the Department to become a final administrative decision subject to the
			 Administrative Review Law [735 ILCS 5 /Art. III].
d) Unless otherwise mutually agreed by the
			 parties, the Department shall schedule a hearing within 48 hours after the
			 request for hearing.
e) 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.
f) The written
			 notice of a hearing shall specify the time, date and location of the hearing
			 and the reasons for the action proposed by the Department.
g) At the hearing, the Department shall have
			 the burden of establishing good cause for its action. Good cause shall be
			 considered shown when the Department establishes that the ride or amusement
			 attraction has been operating without a permit or the operator has failed to
			 comply with the requirements for a permit as provided for under the Act and
			 this Part.
h) 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 may issue subpoenas.
i) The final decision by the Department shall
			 be rendered within 5 working days after the conclusion of the hearing. The
			 Administrative Law Judge's decision shall be deemed a final administrative
			 decision by the Department, subject to the Administrative Review Law.
j) 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.
k) If a
			 party seeks judicial review of a final administrative decision, that party
			 shall pay the actual cost to the Department of preparing the administrative
			 record and filing the record in court. Payment shall be by electronic fund
			 transfer, check or money order made payable to the Illinois Department of
			 Labor.