reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.100 - Investment Completion

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Grantees must submit to the Council a final report that includes a description
			 of the grantee's performance of the project and a detailed list of
			 expenditures, including match funds, if applicable, in relation to the approved
			 budget. Variances in budget lines must be explained in the report.
b) Grantees shall submit copies of any audits
			 they have had completed during the time period that Council funds were
			 expended. Failure to submit audits may impact future Council consideration of
			 proposals from the grantee.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.110 - Suspension and Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Suspension - If a grantee fails to comply with the terms and conditions of the
			 grant award and agreement, the Council shall, after written notice to the
			 grantee, suspend the grant and withhold further payments and prohibit the
			 grantee from incurring additional obligations of grant funds, pending
			 resolution of the issues or termination. The Council may require submission of
			 a written plan of action to address the issues in dispute. Grantee payments
			 will resume upon resolution of the issues in dispute.
b) Termination - The grant may be terminated
			 for the following reasons:
1) If partial or
			 total loss of federal funding occurs, or the Illinois General Assembly fails to
			 appropriate or otherwise make available funds to the Council, the Council may
			 make proportional or total cuts to all grants. In that event, the Council will
			 give written notice to grantees setting forth the effective date of full or
			 partial termination, or, if a change in funding is required, setting forth the
			 change in funding and changes in the approved budget.
2) If the Council determines that the grantee
			 has failed to comply with the terms and conditions of the grant award and grant
			 agreement, the Council may terminate the grant in whole, or in part, at any
			 time upon written notice to the grantee. Circumstances that could result in
			 termination of a grant include, but are not limited to: failure to submit
			 required reports; failure to maintain required records; misuse of equipment
			 purchased with grant funds; falsification or misrepresentation of information
			 to the Council; and failure to resolve issues in dispute during suspension.
			 Written notice of termination of the grant shall contain the reasons for
			 termination and the effective date.
3) Recapture of grant funds. All grants
			 awarded under this Part shall be governed by the Illinois Grant Funds Recovery
			 Act [30 ILCS 705 ]. Funds awarded for projects must be used exclusively for the
			 purposes stated in the approved proposal and expended in accordance with the
			 approved budget and grant agreement. If the grantee fails to comply with the
			 terms of the grant agreement, the Council reserves the right to require
			 appropriate proportional repayment of funds up to the entire amount of the
			 grant.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.120 - General Provisions - Allowable Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
Expenses must meet the following criteria in order for payment
				from Council funds to be allowed:
a)
			 Be necessary and reasonable to carry out the performance targets, goals and
			 intent of the approved grant;
b) Be
			 authorized under the approved budget and not prohibited by this Part or
			 federal, State or local laws or regulations;
c) Conform to any specifications set forth in
			 the approved project or this Part and grant monitoring procedures;
d) Not be used to supplant non-federal funds
			 for already existing services; and
e) Not exceed the total approved budget
			 amount for Council funds.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.10 - Authority and Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority
These Rules (hereinafter referred to as "Rules of Procedure")
				are hereby established and issued by the Director of the Department of Natural
				Resources pursuant to Section 2.14 of the Coal Mining Act of 1953, as amended,
				now in force in the State of Illinois, which empower the Director to
				"promulgate rules necessary for the effective and orderly conduct of hearings"
				held pursuant to the Act [225 ILCS 705/2.14 ].
b) Definitions
Whenever used or referred to in these Rules of Procedure,
				unless a different meaning clearly appears from the context:
"Act" means the Coal Mining Act of 1953, as amended;
"Adjudicatory Proceedings" means a proceeding including, but
				not restricted to a hearing or hearings, in which the legal rights, duties, or
				privileges of a party are, as required by the Act, determined by the
				Department;
"Board" means the Mining Board of the Department of Natural
				Resources, Office of Mines and Minerals of the State of Illinois or the
				Director of the Office of Mines and Minerals in his capacity as executive
				officer of said Board;
"Department" means the Department of Natural Resources of the
				State of Illinois;
"Director" means the Director of the Department of Natural
				Resources or duly appointed Acting Director, or, in his absence from the State
				or in any event of his incapacity to act, his next immediate subordinate
				statutory officer within said Department;
"Interested Person" means any individual, partnership,
				corporation, association, or public or private organization which has made a
				timely request to the Director for notice with respect to Rule-making
				proceedings under Section 2 of the Act;
"Party" means any person as defined in these Rules of
				Procedure, including the Director and the Department, who or which has filed a
				petition, application, complaint, or answer or has been granted leave to
				intervene in any proceeding conducted under these Rules of Procedure;
"Person" means any individual, partnership, corporation,
				association, public or private organization;
"Proceedings" means any formal or informal Board process as
				defined by Section
				100.10(b)
				"ajudicatory proceedings" and "rule making proceedings" of these Rules of
				Procedure;
"Record" means that compilation of information presented to the
				Mining Board in any matter conducted pursuant to the Act, including, but not
				limited to, the transcript of any hearing, and any submissions data and
				documents;
"Respondent" means any party to an adjudicatory proceeding
				against whom a petition or complaint has been filed;
"Rule" means the whole or a part of the statement by the
				Department for general or particular applicability and future effect designed
				to implement or interpret the Act or Departmental policy under the Act;
				and
"Rule-making Proceedings" means the process of promulgating,
				interpreting, amending, or rescinding a rule.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.20 - Initiating Action Before the Mining Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) Initiating Adjudicatory Proceeding -
			 Complaints and Petitions
1) The Director may
			 initiate action before the Board for adjudicatory proceedings under the Act by
			 filing a complaint with the Board. The form and contents of such complaint
			 shall be in accordance with Section
			 100.40(b)
			 of this Part.
2) Pursuant to the
			 provisions of the Act, including, but not limited to Sections 2.13, 4.24, 5.04,
			 6.14, and 7.05 and subject to those provisions, any person or persons may
			 initiate action before the Board for adjudicatory proceedings under the Act by
			 filing a formal petition for relief with the Director. The form and contents of
			 such petition shall be in accordance with Section
			 100.40(c)
			 of this Part. If such petition alleges a breach of any statute or any rule or
			 regulation of the Department, the Director, if he so elects, may also file a
			 complaint with the Board. Regardless of whether the Director elects to file
			 such complaint, he shall, within five (5) days from receipt of any petition,
			 file said petition with the Board.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.30 - Right to Counsel, Appearance, Substitution of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Right to Counsel
1) Any party may appear and be heard through
			 an attorney at law authorized to practice in the State of Illinois. In any
			 proceeding before the Board:
A) Attorneys
			 admitted to practice in States other than the State of Illinois may appear and
			 be heard by special leave of the Board;
B) A natural person may appear and be heard
			 on his own behalf; and
C) A
			 corporation or association may appear and present evidence by a bona-fide
			 officer, employee, or representative.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.40 - Applications, Complaints, Petitions, and Other Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for Rule-making
Applications shall be in writing and shall contain:
1) The name and address of the
			 applicant;
2) Specific reference to
			 the Rule or Rules with which the applicant has an interest, or, in the case
			 where the applicant's request is that a Rule be promulgated, a concise
			 statement of the subject matter and issues involved in the proposed Rule;
			 and
3) A specific statement of the
			 course of action requested of the Board.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.50 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope of Motions
Motions in the course of any adjudicatory proceeding may be
				presented to add necessary parties or to dismiss improper parties; or to
				request the dismissal of the proceedings for want of jurisdiction or want of
				prosecution, the quashing of a subpoena, the postponement of an effective date
				of an order, the extension of time for compliance with an order, or for such
				other relief as may be appropriate.
b) Motions in Writing, Service of Copies
All motions shall be made in writing and shall set forth the
				relief or order sought and shall be filed with the Department for transmittal
				to the Board at the earliest convenient time. Motions based on matter which
				does not appear of record shall be supported by affidavit.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.60 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) All papers,
			 exhibits, data, or written statements filed in any proceeding shall be
			 typewritten on white paper using one side of the paper only. They shall bear a
			 caption clearly showing the title of the proceeding in connection with which
			 they are filed together with the hearing or docket number, if such number is
			 assigned.
b) All papers shall be
			 signed by the party or by his authorized representative or attorney and shall
			 contain his address and telephone number. No less than an original and six (6)
			 copies of all papers shall be filed with the Department for transmittal to the
			 Board.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.70 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service to
			 Conform to Law
All service shall conform to all applicable statutes made and
				provided therefor.
b)
			 Additional Rules as to Service
1) Complaints,
			 petitions, applications, answers, intervening petitions, amended or
			 supplemental complaints and petitions or other pleadings, amendments or
			 supplements to any pleadings, motions, affidavits in support of motions, and
			 notices shall be served by the party filing same upon the Director of the
			 Office of Mines and Minerals as executive officer of the Board and all parties
			 to any adjudicatory proceeding. Proof of such service upon all parties shall be
			 filed with the Board;
2) Findings
			 of fact and conclusions of law, briefs, motions for further hearing or
			 rehearing, and notice of appeal shall be served by the Board or the party
			 filing same upon each party to any adjudicatory proceeding, and when filed
			 shall be accompanied by proof of service upon all such parties;
3) Service shall be made by delivering in
			 person or by depositing in the United States mail, properly addressed with
			 postage prepaid, one (1) copy to each party or interested person entitled
			 thereto. When any party or arties have appeared by attorney, service upon the
			 attorney shall be deemed service upon the party or parties; and
4) Any pleading, notice, proof of service, or
			 other communication required under these Rules of Procedure to be served upon
			 the Board shall be served at the following address:
Illinois Department of Natural Resources - Mining Board
Office of Mines and Minerals
524 S. Second St.
Springfield, Illinois 62701-1787
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.80 - Conferences in Adjudicatory Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose of Conferences
Upon written notice by the Department of the Board in any
				proceeding, parties or their attorneys may be directed to appear at a specified
				date, time and place for a conference, prior to the date set for any hearing in
				the particular proceeding, or, without notice on the date and at the place set
				for such hearing and prior to the commencement thereof or during the course of
				such hearing, for the purpose of formulating issues and considering:
1) the simplification of issues;
2) the necessity or desirability of amending
			 the pleadings for the purpose of clarification, amplification, or limitation
			 with respect to matters alleged in any pleading;
3) the possibility of making admissions or
			 stipulations of fact to the end of avoiding the unnecessary introduction of
			 evidence at the hearing;
4) the
			 procedure at the hearing consistent with these Rules of Procedure;
5) the limitation of the number of
			 witnesses;
6) the propriety of
			 prior mutual exchange between or among parties or prepared testimony or
			 exhibits; and
7) such other matters
			 as may aid in the simplification of the evidence and disposition of the
			 proceeding.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.90 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public Hearings;
			 Notice and Place
All hearings conducted in any proceeding shall be open to the
				public. The time and place of all such hearings shall be set by the Board or
				the Director of the Office of Mines and Minerals. Notice of such hearing, the
				number of days' notice, the service of such notice, and the manner of such
				shall be in accordance with the following provisions:
1) Adjudicatory Proceedings
Within fifteen (15) days from the filing with the Board of a
				formal complaint or petition, notice of the time and place for an adjudicatory
				hearing on the matter shall be served on all parties. Notice shall include a
				copy of the complaint or petition. Such notice shall be sent not less than
				fifteen (15) days prior to the date fixed for said hearing. Service of such
				notice shall be in accordance with Section
				100.70(b)
				(3) of this Part. Upon written agreement by
				all parties, the notice provisions of this sub-paragraph may be waived by the
				Board.
2) Rule-making
			 Proceedings
The Director of the Office of Mines and Minerals shall give
				written notice of the intention of the Board to adopt, amend, or repeal any
				Health and Safety Rules. The notice shall contain the time, date, and place of
				a hearing where interested persons may present their views and either a
				statement of the terms or substance of the intended action, including, when
				appropriate, a specific reference to the Rule or Rules involved a description
				of the subject matter and issues involved in the intended action. Such notice
				shall be served on all interested persons as defined in these Rules of
				Procedure, published in the official State newspaper not less than thirty (30)
				nor more than forty-five (45) days prior to the date fixed for said hearing.
				Service of said notice on all interested parties shall be in accordance with
				Section
				100.70(b)
				(3) of this Part.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.100 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoenas for
			 the attendance of witnesses from any place in the State of Illinois, or for the
			 production of books, papers, accounts, or documents at a hearing in a pending
			 adjudicatory proceeding, will be issued by the Department upon its own motion,
			 or upon request in writing by a party incorporating a showing that any such
			 subpoena is reasonably required.
b)
			 Requests for subpoenas to compel the production of books, papers, accounts, or
			 documents shall be verified, and shall specify the books, papers, accounts, or
			 documents desired and the material or relevant facts to be proved by
			 them.
c) Service of subpoenas and
			 payment of witness fees shall be in accordance with the following:
1) The party at whose instance the subpoena
			 is issued shall serve said subpoena;
2) The party at whose instance the subpoena
			 is issued shall pay the fees of the witness; and
3) The calculation of witness fees for
			 appearances in any proceeding hereunder shall not include lost wages caused by
			 the appearance of said witness.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.110 - Discovery Rights and Procedure Adjudicatory Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
After receipt of notice of an adjudicatory proceeding, any
				party, upon written request made to any other party, at least three (3)
				business days prior to the hearing and within five (5) days after such service
				of an additional pleading, shall be entitled to:
a) Obtain the names and addresses of
			 witnesses whom the other party intends to call to testify at the hearing;
			 and
b) Obtain a list of all
			 writings and documents which the party proposes to offer in evidence.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.120 - Documentary Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Record
			 in Other Proceedings
When a party desires to offer in evidence any portion of the
				record made in any other proceeding, such portion shall be offered in the form
				of any exhibit (subject to the ruling of the Board as to its admissibility)
				unless otherwise stipulated by the parties.
b) Documents
When any material or relevant matter offered in evidence by any
				party is embraced in a book, paper, or document containing other matter not
				material or relevant, the party offering the same shall plainly designate the
				matter so offered. If in the judgement of the Board, such immaterial or
				irrelevant matter would unnecessarily encumber the record, such book, paper, or
				document will not be received in evidence as a whole, but the material or
				relevant portions thereof, if otherwise admissible, may be read into the record
				or a true copy thereof supplied in the form of an exhibit.
c) Copies of Exhibits
When an exhibit of a documentary character is marked for
				identification and offered in evidence, three (3) copies thereof shall be
				furnished for the Department's files and, upon request, one (1) copy to each
				party whose appearance is of record or his attorney. The Board may accept same
				when only one (1) copy is filed if, in its opinion, additional copies will not
				be required and if the party tendering the exhibit agrees to furnish two (2)
				additional copies promptly if subsequently requested to do so.
d) Interchange of Exhibits
Whenever possible, the parties should interchange copies of
				exhibits or other pertinent material before the hearing at which they are to be
				offered, at the same time sending a copy thereof to the Board hearing the
				case.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.130 - Findings, Conclusions, and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adjudicatory Proceedings
After the close of all proofs in the hearing before it, the
				Board shall cause to be prepared and filed its findings of fact, conclusions of
				law, and decision together with the entire record in the proceeding.
b) Rule-Making Proceedings
After full consideration of all presented data, arguments and
				views, expressed orally and in writing, and the testimony of all witnesses
				under both direct and cross-examination, the Board shall cause to be prepared
				and filed its conclusions and recommendations. The Board shall not recommend
				the adoption of or amendment to any Rule unless substantial evidence in support
				of such action has been presented.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.140 - Notice of Conclusions and Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adjudicatory Proceedings
1) Copies of the Board's findings,
			 conclusions, and decision, and if the Board so elects, memoranda of law
			 supporting all or any of such findings, conclusions, and decision shall be
			 served upon each party in the manner provided by these Rules of Procedure,
			 together with Notice that any party has twenty (20) days from the date such
			 Notice is mailed, to present to the Board a written Motion for Rehearing to be
			 considered by the Board. Upon the expiration of the time given by the Notice
			 referred to in the foregoing Section, or upon the Board's denial of a timely
			 motion for rehearing, said findings of fact, conclusions of law, and decision
			 shall be placed on file in the Department. The Department shall then take such
			 further action in the matter as shall be in accordance with statutes in such
			 case made and provided and enter such order as shall be proper in the premises
			 for the disposition of the matter. Such order shall be served pursuant to
			 Section
			 100.40(b)(3).
2) At any time prior to the entering of
			 Findings of Fact, Conclusions of Law and Decision by the Board, the parties to
			 any proceeding may seek to terminate the matter by presenting to the Director a
			 Consent Order to which they all acknowledge their consent by affixing their
			 respective signatures. Upon the Director's signing such a Consent Order the
			 entire proceedings shall cease without the necessity of any further action by
			 the Board involved; and each party shall be deemed to have waived
			 Administrative Review.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.160 - Informal Action in Lieu of Adjudicatory Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Any matter may, with the permission or at the direction of the
				Board, be filed with the Director of the Office of Mines and Minerals in his
				capacity as executive officer of the Board, and the Director of the Office of
				Mines and Minerals, in said aforementioned capacity may, if he so elects, take
				up such matter by correspondence or informal conference with the person, firm,
				corporation or association, or their respective representative, in an endeavor
				to bring about an adjustment thereof. Such matter shall be set forth in writing
				and shall include the names and addresses of all persons involved, a brief
				statement of the matter, and the signature of the person bringing such matter
				to the attention of the Board. Such matter so filed will not initiate a formal
				proceeding, and will not arrest the running of any limitation period. The
				filing of any such matter shall be without prejudice to the right of the
				Department to file a complaint formally.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.170 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
The time within which any act under this Part is to be done
				shall be computed by excluding the first day and including the last, unless the
				last day is Sunday or is a holiday as defined or fixed in any statute now or
				hereafter in force in this State, and then it shall also be excluded. If the
				day succeeding such Sunday or holiday is also a holiday or a Sunday, then such
				succeeding day shall also be excluded.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.180 - Construction of Rules & Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part shall not be construed to
			 abrogate, modify or limit any rights, privileges or immunities granted or
			 protected by the Constitution or laws of the United States or the Constitution
			 or laws of the State of Illinois. No Section, or paragraph headings contained
			 herein shall be deemed to govern, limit, modify or in any manner affect the
			 scope, meaning or intent of the provisions of any Article, Section, or
			 sub-paragraph.
b) If any Section,
			 paragraph, sentence or clause of this Part shall be held by a court of
			 competent jurisdiction to be invalid, such holding shall not affect the
			 remaining parts thereof.
Illinois Administrative Code › Title 62 - MINING › Part 100 - PROCEDURE IN ADMINISTRATIVE PROCEEDINGS › Section 100.190 - Repeal of Prior Rules of Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall become effective ten (10) days after a
				certified copy thereof shall be filed with the Secretary of State of the State
				of Illinois as provided by the statutes of the State of Illinois in such case
				made and provided, and shall supersede all other Parts covering subject matter
				embraced herein.
Illinois Administrative Code › Title 62 - MINING › Part 140 - THE COAL MINING ACT › Section 140.10 - Plans to be Submitted to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
It is ordered by the Mining Board that all coal companies in
				Illinois comply and submit to the Department of Mines and Minerals the
				following:
a) Safety and operational
			 training and retraining plans;
b)
			 Roof control plan;
c) Ventilation
			 and methane and dust control plan;
d) Fan stoppage plan;
e) Sealing or ventilating abandoned sections
			 plan;
f) Filing map of temporarily
			 abandoned mining;
g) Emergency
			 medical assistance plan;
h) Search
			 program plan (smoking materials);
i) Detailed list of all electric face
			 equipment;
j) Clean-up program
			 plan;
k) Notification when
			 reopening mine;
l) Program of
			 instructions pertaining to fire fighting and evacuation procedures;
m) Up-to-date map (twice a year). Each map
			 shall show:
1) All active workings;
2) Electrical layout map; and
3) Denote each split of air and designate
			 intake and return air flow.
Illinois Administrative Code › Title 62 - MINING › Part 140 - THE COAL MINING ACT › Section 140.20 - Requirement Concerning Removal of Vehicle Wheels, Tires, and Valve Cores

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the ruling
			 of the Mining Board that all wheels be removed from the vehicle and all tires
			 shall be removed from the wheels before any welding, cutting, or heating of any
			 kind is done on the wheel.
b) It is
			 also the ruling that, before any attempt to remove a tire from a wheel, the
			 valve core must be removed from the valve stem as assurance that the internal
			 pressure of the tire does not exceed the normal atmospheric pressure.
c) This procedure shall be followed at all
			 mines in the State of Illinois.
Illinois Administrative Code › Title 62 - MINING › Part 140 - THE COAL MINING ACT › Section 140.30 - Coal Quality Testing Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Natural Resources-Office of Mines and Minerals' (Department)
			 analytical laboratory, located in Benton, Illinois, is authorized to test the
			 quality of coal delivered under State coal purchase contracts.
b) References in this Section to ASTM
			 Standards refer to the 2014 Annual Book of ASTM Standards, Section 05 - Fossil
			 Fuels, Volume 06 - Gaseous Fuels; Coal and Coke; Bioenergy and Industrial
			 Chemicals from Biomass, published by the American Society for Testing and
			 Materials, ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
			 Conshohocken PA 19428-2959 (no incorporation in this Part contains later
			 editions or amendments).
c) The
			 Department shall analyze samples taken from coal shipments under State
			 contracts provided by any agency or institution of the State of Illinois (the
			 delivering agency), if the samples are:
1)
			 submitted with a minimum of 6 pounds and a maximum of 42 pounds of coal per
			 sample bag;
2) identified as having
			 been submitted by a specific delivering agency;
3) received by the Department's Benton,
			 Illinois analytical laboratory by the 10th day of
			 the month; and
4) collected as
			 required by ASTM Standards D2234/D2234M-10 for the collection of a gross sample
			 of coal.
Illinois Administrative Code › Title 62 - MINING › Part 180 - AUTHORITY TO TAKE APPROPRIATE ACTION IN AN EMERGENCY › Section 180.10 - Executive Offices to Take Action Deemed Necessary

Current through Register Vol. 48, No. 28, July 12, 2024
It was the ruling of the Mining Board that it is incumbent upon
				the Executive Officer to take whatever action he deems expedient at the time in
				any emergency that may arise of any kind of character, or in the case any
				employee of the Department of Natural Resources who does not fully cooperate
				with the Coal Mining Act or the rules prescribed by the Executive Officer
				(Director of the Office of Mines and Minerals). The Executive Officer shall
				report his actions to the Mining Board, and in the case of a discharged
				employee the Mining Board, if it so desires, may give to such employee the
				right to appeal his or her case to the Board.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.10 - Scope and Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements the Illinois Explosives Act (the Act)
				  [225 ILCS 210] and applies to all possession, acquisition, storage, use,
				  transfer and disposal of explosive materials that can be or are classified as
				  Division
				  1.1, 1.2,
				  1.3 and
				  1.5 explosives by
				  49 CFR
				  173.5 except as otherwise provided in the
				  Act. This Part is intended to supplement the requirements of any federal or
				  State law and regulations governing the storage, use, acquisition, possession,
				  disposal and transfer of explosive materials, but shall be construed, wherever
				  possible to avoid conflicting or duplicative requirements. Obtaining an
				  explosives license, a temporary explosives license or storage certificate under
				  this Part does not waive the requirements of any other federal, State or local
				  law or ordinance regulating blasting and explosives.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.12 - Incorporated Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following documents are incorporated or referenced in various Sections of this
				Part:
1) The National Fire Protection
				Association (NFPA)
1 Batterymarch Park
P.O. Box 9101
Quincy MA 02169-7471
A) NFPA 70: The National Electrical Code
				(2020 Edition)
B) NFPA 1123: Code
				for Fireworks Display (2018 Edition)
C) NFPA 1124: Code for the Manufacture,
				Transportation and Storage of Fireworks and Pyrotechnic Articles (2017
				Edition)
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.15 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise provided, computation of time under this Part is based upon calendar
				days.
b) In computing any period of
				prescribed time, the day on which the designated period of time begins is not
				included. The last day of the period is included unless it is a Saturday,
				Sunday or legal holiday on which the Department is not open for business, in
				which event the period runs until the end of the next business day.
c) Intermediate Saturdays, Sundays and legal
				holidays that fall within the prescribed time period are excluded from the
				computation of time when the prescribed time period is 7 days or
				less.
d) A business day is any day
				the Department is open for business.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.21 - Identification of Non-Commercial and/or Homemade Explosive Materials

Current through Register Vol. 48, No. 28, July 12, 2024
Non-commercial and/or homemade explosive materials may be
				  identified through laboratory analysis for explosives material verification, or
				  field tested by a law enforcement bomb technician who has completed and is
				  currently certified through Hazardous Devices School operated by the Federal
				  Bureau of Investigation (FBI). The field test shall consist of a "test burn" to
				  provide verification the material tested is energetic, and then followed by the
				  use of analytic tools, such as spectrometer/analyzer (when determined safe to
				  perform) by a certified law enforcement bomb technician. When a certified law
				  enforcement bomb technician determines that the weight of explosive materials
				  cannot be achieved by weighing the explosive material safely, the explosive
				  substances and/or the device/containment shall be considered the total
				  explosive weight. Where the explosives cannot be removed safely from its
				  location and/or its containment for identification, and the certified bomb
				  technician must initiate or "blow in place" and/or in its containment, the bomb
				  squad or its representatives shall video record the initiation of the
				  explosives to provide video evidence the explosives did react by
				  explosion.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.20 - Marking of Explosives

Current through Register Vol. 48, No. 28, July 12, 2024
All explosive materials offered for acquisition, storage,
				  use, possession, transfer and disposal in the State of Illinois shall be
				  legibly identified by marking. The marks required by this Section shall
				  identify the manufacturer and the location, date and shift of manufacture. The
				  manufacturer shall place on each device, case, carton or other immediate
				  container of explosive materials manufactured for sale or distribution the
				  required mark, which shall also be placed on the outside container, if any,
				  used for their packaging. With respect to explosive materials of small size not
				  suitable for marking on the individual items (for example blasting caps), it
				  shall only be necessary to place the identification on the container used for
				  their packaging.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.25 - Information Required on Shipping Case

Current through Register Vol. 48, No. 28, July 12, 2024
Each shipping case shall have marked on it the total weight
				  of the explosive material it contains, the month and year of the explosives
				  manufacture, and the length and diameter of the sticks, cartridges or
				  individual packages in the shipping case.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.30 - Records to be Maintained by Persons Transferring Explosive Materials

Current through Register Vol. 48, No. 28, July 12, 2024
Every person transferring any explosive material shall
				  maintain:
a) A record that enables him
				or her to trace the explosives to the recipient. The record shall consist of a:
1) journal;
2) book of records;
3) invoice;
4) inventory control record;
5) federal records required by
				27 CFR
				555.121 through 129, or other record that
				shows explosives delivered by manufacturer's name, count, weight,
				identification or other identifying mark that will enable the distributor to
				trace the explosives; and
6) month
				and year of manufacture.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.35 - Exceptions to Sections 200.10 and 200.30(c)

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  200.10 and
				  200.30(c) do
				  not apply when the transaction is between the manufacturer of the explosive
				  material and the manufacturer's employee or when the explosives involved in a
				  transaction are being shipped by a common carrier direct from the
				  manufacturer's place of business. Sections
				  200.10 and
				  200.30(c) do
				  apply to any non-commercial related transactions (hobbyists). A non-commercial
				  transaction still requires a person to retain the basic information required in
				  Section 200.30(c)
				  regarding any person taking possession of items or materials. Under no
				  circumstances does a non-commercial transaction allow hobbyists to mix
				  materials prior to transportation or arrival at their destination (see Section
				  200.10).
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.40 - Availability of Explosives Materials Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The journal or book of record, or other
				record made by any person selling or giving away explosives, shall be open at
				all times to inspection by any law enforcement official and any representative
				of the Department.
b) All records
				related to the possession, use, purchase, transfer, storage or disposal of
				explosive material shall be maintained for 5 years (see
				27 CFR
				555.121(a)(2)).
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.45 - Exemption for Federal Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
The Act and this Part do not apply to the possession, use,
				  purchase, transfer, storage or disposal of explosive material by the United
				  States military or other agencies of the United States, or to arsenals, navy
				  yards, depots, or other establishments owned or operated by the United
				  States.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart A - SCOPE, AUTHORITY AND DEFINITIONS › Section 200.50 - Transportation on Same Motor Vehicle

Current through Register Vol. 48, No. 28, July 12, 2024
No blasting caps or detonators, regardless of type, may be
				  transported on the same motor vehicle with other explosives, unless they are
				  transported in accordance with 49 CFR 170 through 189.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.93 - Notice to Local Authorities

Current through Register Vol. 48, No. 28, July 12, 2024
Within 10 days after the issuance of an original, temporary,
				  replacement or renewed individual explosives license, the Department shall
				  notify the appropriate law enforcement agency of the municipality or county of
				  the issuance. (Section 2008 of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.96 - Application for Original Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who intends to possess, use, acquire, purchase,
				  transfer or dispose of explosive materials, unless exempted under Section 1005,
				  2000 or 3000 of the Act, shall make application on forms provided by the
				  Department. The application must be executed under penalties of perjury and
				  accompanied by the required non-refundable fee.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.98 - Qualifications for Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department will issue a license to an applicant who:
1) is at least 21 years of age;
2) has not been convicted in any court of a
				crime punishable by imprisonment for a term exceeding one year;
3) is not under indictment or information for
				a crime punishable by imprisonment for a term exceeding one year;
4) is not a fugitive from justice;
5) is not an unlawful user of or addicted to
				any controlled substance (as defined in Section 802 of the federal Controlled
				Substances Act) (21 U.S.C.
				802);
6) has not been adjudicated as a person with
				a mental disability, as defined in Section
				1.1 of the Firearm Owner's
				Identification Card Act [430 ILCS 65];
7) is a legal citizen of the United States or
				lawfully admitted for permanent residence;
8) has not been other than honorably
				discharged from the armed services; and
9) does not have any outstanding, unpaid,
				violations with the Department.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.101 - Contents of Application

Current through Register Vol. 48, No. 28, July 12, 2024
The application for original licensure shall include:
a) The applicant's full name and any aliases
				used by the applicant.
b) The
				applicant's age, sex and date of birth.
c) A physical description of the applicant,
				which shall include height, weight, color of hair and color of eyes.
d) The applicant's social security number
				and, if applicable, driver's license number.
e) The applicant's resident address,
				telephone number and email address.
f) A description of the purposes for which,
				and the places where, explosive materials are to be possessed, used or stored.
				This shall also include contingency storage.
g) If explosive materials are to be possessed
				and used in connection with a business:
1) the
				name of the business;
2) the form
				of organization of the business;
3)
				the applicant's relationship to the business; and
4) the address or addresses and telephone
				number of any offices in this State out of which the business
				operates.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.102 - Fingerprint Cards and Fingerprint-Based Data

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant for original licensure, except for an applicant
				  who has previously submitted fingerprint-based data to the Department, shall
				  submit with the application fingerprint-based data, or other state of the art
				  criminal identification data or 2 sets of fingerprint cards on forms specified
				  by the Department. The fingerprint cards shall be accompanied by the required
				  non-refundable fee.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.103 - Written Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				written examination shall encompass, but is not limited to, the following
				subject matter:
1) Legal requirements for, and
				restrictions on, the possession, use, purchase, transfer, storage and disposal
				of explosive materials in Illinois.
2) Safety principles in the transport,
				storage, handling and usage of explosive materials (as set forth in "Safety
				Library Publication No. 4").
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.104 - Incomplete Application

Current through Register Vol. 48, No. 28, July 12, 2024
If the application does not contain all of the information or
				  documents required under Section
				  200.101 for evaluation of the
				  application, or if the fingerprint cards or criminal history background check
				  data originally submitted cannot be processed, the Department shall notify the
				  applicant in writing. The notification shall specify the additional information
				  or documents necessary to complete the application evaluation, or state that
				  substitute fingerprint cards must be submitted, as the case may be, and shall
				  advise the applicant that the application will be deemed denied unless the
				  information, documents or fingerprint-based data are submitted within 30 days
				  following the date of notification.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart B - EXPLOSIVES LICENSE › Section 200.105 - Denial of Application

Current through Register Vol. 48, No. 28, July 12, 2024
If the applicant fails to qualify for an original license by
				  reason of age, or if the applicant fails to pass the examination within one
				  year after the date of application, or if the applicant fails to make complete
				  application in accordance with Section
				  200.104, or if the
				  applicant fails to pass the criminal history background check, or if the
				  applicant fails to meet any of the qualifications for licensure under Section
				  200.98,
				  the Department will deny the application and notify the applicant in writing.
				  The notice shall set forth the reasons for denial and instructions for making
				  any reapplication.