reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2510 - ILLINOIS RESIDENT ARMED FORCES FEE EXEMPTIONS AND ILLINOIS RESIDENT VETERAN FEE REDUCTIONS › Section 2510.30 - Fee Exemptions and Fee Reductions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Illinois resident military members who have served abroad, or guard or reserve
			 members who were mobilized, are eligible for the following without fee:
1) Camping, with no camping fee except:
A) camper is responsible for applicable
			 utility fees; and
B) camper is
			 responsible for applicable rent-a-tent fees and cabin fees.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2510 - ILLINOIS RESIDENT ARMED FORCES FEE EXEMPTIONS AND ILLINOIS RESIDENT VETERAN FEE REDUCTIONS › Section 2510.40 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Military members
			 are eligible for free sport fishing, hunting and camping for one year for each
			 year served and for one year for each portion of a year served.
b) To receive free passes, licenses, stamps
			 and permits, eligible military members and veterans shall:
1) Appear in person at the following
			 Department of Natural Resources offices:
One Natural Resources Way
Springfield, Illinois
2317 E. Lincolnway
Sterling, Illinois
15676 State Highway 54
Clinton, Illinois
11731 State Highway 37
Benton, Illinois
4521 Alton Commerce Parkway
Alton, Illinois
2) Eligible military members must apply
			 within two years after their return from abroad or release from mobilization,
			 provide verification of dates of service abroad or verification of dates of
			 mobilization (see Section
			 2510.20 ) and provide
			 a photo identification card.
3)
			 Veterans can apply at any time and must provide a form DD-214 and a photo
			 identification card.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2510 - ILLINOIS RESIDENT ARMED FORCES FEE EXEMPTIONS AND ILLINOIS RESIDENT VETERAN FEE REDUCTIONS › Section 2510.50 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Violation of
			 this Part is a petty offense (see
			 520 ILCS
			 5/3.5 ).
b) Obtaining licenses, stamps, permits or an
			 Armed Forces Special Pass (camping) by providing false information is a Class 4
			 Felony (see
			 720 ILCS 5/16-1
			 ).
c) Misuse of the Armed Forces
			 Special Pass, such as obtaining a campsite for others for times the member does
			 not camp at the site, shall result in forfeiture of the pass, in addition to
			 other penalties prescribed by law.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2520 - SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS › Section 2520.20 - Issuing Licenses, Stamps and Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) License, stamp and permit forms shall be
			 filled out accurately and legibly at the time of issuance, and the full amount
			 shall be collected as shown on the license face. In the case of stamps, the
			 license fee plus the authorized issuing fee shall be collected, if the issuing
			 fee is not shown on the face of the stamp. Agents shall not back-date or issue
			 an undated license.
b) The
			 application portion of each license shall be retained by the issuing clerk or
			 agent until the license issued expires, except in the case of trapping
			 licenses, goose permit stubs, habitat stamps, ginseng harvester licenses,
			 archery permits, resident hunting licenses and habitat stamps, non-resident
			 hunting licenses and habitat stamps, and resident sportsmen's licenses and
			 habitat stamps for which the completed application must accompany the
			 remittance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2520 - SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS › Section 2520.30 - Terms

Current through Register Vol. 48, No. 28, July 12, 2024
a) When funds
			 received in payment for licenses, stamps and permits are deposited in an
			 interest bearing account and when fees collected by an agent are determined to
			 be late to DNR according to subsection (c) of this Section, interest that has
			 accrued through an interest bearing license account on the overdue funds shall
			 be remitted to DNR by separate check, along with fees collected from the sale
			 of the licenses, stamps and permits.
b) All license agents shall be required to
			 remit to DNR, as provided in subsection (c), all funds received from the sale
			 of licenses, stamps and permits during the preceeding remittance period, except
			 the authorized issuing fee. Agents having licenses, stamps and permits on hand
			 for sale, but who have sold none during the remittance period, shall report
			 this fact to DNR, as provided by subsection (c), by the use of a no sales
			 report furnished by DNR.
c)
			 Remittance shall be made to DNR no later than the
			 10th of each month for all licenses, stamps and
			 permits sold during the previous month.
d) Accounts more than one month past due
			 shall have additional license consignments withheld until the account is
			 current. Accounts two months or more past due will cause DNR to cancel or
			 withdraw the issuance of licenses through the clerk or agent. In the case of
			 secured agents, payment will be demanded from the security company. In the case
			 of secured agents with a preferred status, payment up to the amount of
			 financial evidence will be demanded from the security company and the balance
			 over the financial evidence will be referred to other agencies for assistance.
			 No installment payment agreements will be accepted by DNR except pursuant to
			 judgment decrees.
e) Within 30 days
			 after the expiration of the time in which any class of license, stamp or permit
			 is usable, the final payment for licenses, stamps and permits sold shall be
			 made in full to DNR, and all unsold or void licenses, stamps and permits shall
			 be returned to DNR. Accounts not closed out within the 30 days specified shall
			 be suspended or terminated, and referred to the security company for action or
			 referral to other agencies for assistance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2520 - SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS › Section 2520.40 - Credit to Agent Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Void
			 or unsold licenses, stamps and permits shall be returned to DNR for credit to
			 the agent account. Credit for void or unsold licenses, stamps and permits will
			 be allowed only when the original license, stamp or permit is returned. The
			 application portion of the license, stamp or permit will not be accepted for
			 credit.
b) Credit to agent accounts
			 for void licenses, stamps and permits shall be denied if the license, stamp or
			 permit shows signs of use, such as encasement in plastic or other signs of use.
			 The license and permit supervisor is responsible for this determination, and if
			 credit is denied, the Supervisor, License Section, shall cause the agent to be
			 notified of this action.
c) No
			 person selling licenses, stamps and permits is required to remit for any
			 licenses, stamps or permits stolen by forcible entry or destroyed by a fire in
			 the premises where the licenses, stamps and permits are kept, if the agent
			 submits an affidavit to DNR describing the circumstances of the theft or cause
			 of destruction and listing the types and numbers of licenses, stamps and
			 permits destroyed. An official report of the fire or theft completed by the
			 appropriated agency (such as the fire department responding to the call or
			 police if a robbery) must also be submitted.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2520 - SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS › Section 2520.50 - Issuance of Replacement Hunting, Fishing and Trapping Licenses, Stamps and Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) DNR will
			 issue replacements for lost licenses, stamps and permits. A fee of $3.00 per
			 license, stamp or permit will be charged to defray the cost of
			 handling.
b) DNR will issue
			 replacements at no cost when DNR loses the sportsman's hunting, fishing,
			 Sportsman's Combination, ginseng harvester, or trapping licenses, stamps or
			 permits.
c) The procedure for
			 obtaining a replacement license, stamp or permit is as follows:
1) Individual loss of a license, stamp or
			 permit issued by an agent - An individual may request a replacement license,
			 stamp or permit from any agent location. The individual may obtain a
			 replacement license, stamp or permit from any agent for a $3.00 fee per
			 license, stamp or permit.
2)
			 Individual loss of a license, stamp or permit consigned from DNR - Individuals
			 may request an application for a replacement license, stamp or permit from the
			 Springfield office at the address in this subsection (c)(2). The individual
			 requesting the replacement license, stamp or permit should return a copy of the
			 original application or a properly completed and notarized Replacement License,
			 Stamp or Permit Application and forward it with a $3.00 fee per license, stamp
			 or permit to:
Illinois Department of Natural Resources
P. O. Box 19459
Springfield IL 62794-9459
3) DNR loss - The DNR location requesting the
			 replacement should complete on agency letterhead a request for a replacement
			 and forward the request to: Department of Natural Resources, Replacements, One
			 Natural Resources Way, Springfield IL 62702. The request should be completed in
			 triplicate with one copy retained at the location and one copy given to the
			 person whose license, stamp or permit was lost. This copy of the request will
			 allow the person to hunt or fish in the interim prior to receipt of the
			 replacement. Information contained in the replacement request letter must
			 include:
A) date of the letter;
B) indication that the letter may be used by
			 the person in lieu of a license, stamp or permit for up to 30 days from the
			 date on the letter;
C) DNR location
			 requesting the replacement (including address and contact phone
			 number);
D) the name, complete
			 mailing address, county of residence, date of birth, height, weight, hair
			 color, eye color and daytime phone number of the person receiving the
			 replacement;
E) indication of what
			 licenses, stamps or permits need to be replaced; and
F) the printed or typed names and signatures
			 and the date of signature of the authorized persons at the DNR location issuing
			 the replacement letter and the location supervisor.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2520 - SELLING AND CONSIGNMENT OF LICENSES, STAMPS AND PERMITS › Section 2520.60 - Vendor - Sale of Licenses by Telephone or Electronic Transmission

Current through Register Vol. 48, No. 28, July 12, 2024
a) A "vendor" is
			 any person authorized by DNR to issue licenses, stamps or permits by telephone
			 or electronic transmission (such as the Internet). To become a vendor, a person
			 or business must:
1) make a request to DNR in
			 writing detailing the proposed process and indicating the types of licenses,
			 stamps or permits that would be sold from the service;
2) comply with all existing license vendor
			 regulations;
3) if a telephone
			 service is offered, insure that the service is a toll-free phone
			 service;
4) package and ship the
			 license, stamp or permit to the customer within 24 hours after receipt of the
			 customer's request;
5) retain sales
			 information for at least 24 months; and
6) allow DNR staff to audit the process and
			 vendor books.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The rules in this Part govern the practice and procedures
				  related to formal hearings and other actions conducted under the jurisdiction
				  of the Department of Natural Resources that do not have defined hearing
				  procedures including:
a) Summary
				revocation of licenses and/or suspension of privileges based upon accumulation
				of points from determinations of guilt by a court of law;
b) Revocation of licenses and/or suspension
				of privileges sought by the Department based upon course of conduct with at
				least one determination of guilt by a court of law;
c) Revocation of licenses and/or suspension
				of privileges pursuant to the Interstate Wildlife Violator Compact policy on
				reciprocity;
d) Statutorily
				mandated suspensions;
e)
				Reinstatement of privileges;
f) The
				immediate eviction and removal from Department lands for up to 90 days;
				and
g) The eviction and removal
				from Department lands for longer than 90 days sought by the Department based
				upon the course of conduct.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In this Part the following terms shall have the meanings
				  ascribed:
"Arrest" means the issuance of a State or federal citation or
				  a notice to appear, or the filing of a complaint by a State or federal
				  prosecutor.
"Contested case" means an adjudicatory proceeding,
				  not including rate making, rulemaking, quasi-legislative, informational or
				  similar proceedings, in which the individual legal rights, duties or privileges
				  of a party are required by law to be determined by an agency only after an
				  opportunity for hearing.
[5
				  ILCS 100/1-30]
"Department" means the Illinois Department of Natural
				  Resources
. [520 ILCS 5/1.2d]
"Determination of guilt by a court of law" means a case
				  disposition, including supervision or conditional discharge, by a circuit court
				  of the State of Illinois or a United States District Court in an Illinois
				  District for an offense that is a violation of any of the provisions of the
				  Fish and Aquatic Life Code [515 ILCS 5], the Wildlife Code [520 ILCS 5], the
				  Timber Buyers Licensing Act [225 ILCS 735], the Ginseng Harvesting Act [525
				  ILCS 20], the Endangered Species Protection Act [520 ILCS 10], the
				  Herptiles-Herps Act [510 ILCS 68] or any violation of similar federal statutes
				  or rules.
"Director" means the director of the Illinois
				  Department of Natural Resources
. [520 ILCS
				  5/1.2e]
"Hearing Officer"
means the presiding officer or
				  officers at the initial hearing before the Department and each
				  continuation.
[5 ILCS
				  100/1-15]
"License" includes the whole or part of any
				  Department permit, stamp, license, certificate, approval, registration, or
				  similar form or permission required by law.
[5 ILCS
				  100/1-35]
"Licensing" includes the Department procedures
				  respecting the grant, denial, renewal, revocation, suspension, annulment,
				  withdrawal or amendment of a license.
[5 ILCS
				  100/1-40]
"Office of Law Enforcement" means the Department of Natural
				  Resources' Office of Law Enforcement.
"Party" means such person or agency named or admitted
				  as a party, or properly seeking and entitled as of right to be admitted as a
				  party.
[5 ILCS
				  100/1-55]
"Person" means any individual, partnership,
				  corporation, association, governmental subdivision, or public or private
				  organization of any character other than an agency.
[5 ILCS
				  100/1-60]
"Single incident" means a singular act or event that occur at
				  the same location, date and time that give rise to multiple violations of State
				  or federal laws. Multiple acts or events are not a single
				  incident.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.30 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
Documents permitted or required to be filed with the
				  Department shall be addressed to and mailed or filed with the Department of
				  Natural Resources, Office of Legal Counsel, One Natural Resources Way,
				  Springfield IL 52702-1271.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.35 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department,
				when initiating a revocation/suspension proceeding, shall be designated the
				Complainant. Any adverse party shall be designated as the Respondent.
b) In the case of a summary
				revocation/suspension appeal or an eviction and removal appeal, the party
				appealing shall be designated as the Petitioner and the Department designated
				as the Respondent.
c) Misnomer of a
				party is not ground for dismissal, but the name of any party may be corrected
				at any time.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.40 - Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents shall
				clearly show the title of the proceeding in connection with which they are
				filed, and shall designate the nature of the relief sought.
b) Except as otherwise provided, two copies
				of all documents, including complaints, motions, and petitions for review shall
				be filed with the Department.
c)
				Each document filed shall be signed by the party or by his or her authorized
				representative.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.50 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation of
				time relating to filings, motions, other pleadings and orders shall begin the
				first business day following the day on which the act, event or development
				initiating such period of time occurs, and shall run until the end of the last
				day, or the next following business day if the last day is a Saturday, Sunday
				or legal holiday. If the period of time is five days or less, Saturdays,
				Sundays, and legal holidays shall be excluded in the computation of
				time.
b) Notice requirements shall
				be construed to mean notice dispatched by means reasonably calculated to be
				received by the prescribed date.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart A - GENERAL RULES › Section 2530.60 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may
				appear in a contested case as follows:
1) A
				natural person may appear in his or her own behalf or by an attorney at law
				licensed and registered to practice in the State of Illinois, or
				both.
2) A business, nonprofit or
				government organization shall appear by an attorney licensed and registered to
				practice in the State of Illinois.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.220 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart governs the practices and procedures related to
				  revocation of licenses and suspension of privileges under the jurisdiction of
				  the Department of Natural Resources when the revocation and/or suspension is
				  based upon one or more determinations of guilt by a court of law and
				  accumulation of points as described in this Subpart. The reasons or legal
				  advice that led to the determination of guilt by a court of law, by either
				  plea, trial or sentence of supervision or conditional discharge, shall not be
				  the subject of or a defense to any imposition of the revocation of licenses or
				  suspension of privileges under the jurisdiction of the Department of Natural
				  Resources.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.230 - Point System

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				found guilty by a circuit court of the State of Illinois (including supervision
				or conditional discharge) or a United States District Court in an Illinois
				District of an offense that is a violation of any of the provisions of the Fish
				and Aquatic Life Code, the Wildlife Code, the Timber Buyers Licensing Act, the
				Ginseng Harvesting Act, the Endangered Species Act, the Herptiles-Herps Act or
				any similar violation of federal statutes or rules, or any violation under
				Section 48-3(b) of the Criminal Code of 2012 [720 ILCS
				5/48-3(b)] shall be assessed points
				as set out in Section
				2530.240.
b) Licenses, permits and stamps shall be
				revoked, and privileges shall be suspended, based upon the accumulated points.
				The assessed accumulated points remain until:
1) In cases involving Type I offenses (see
				Section
				2530.255), 18
				months has elapsed since the date of the commission of the offense;
2) In cases involving Type II offenses, 36
				months has elapsed since the date of the commission of the offense;
3) An order of the Circuit Court or the
				Director terminates the suspension and the applicable reinstatement fee has
				been paid and processed by the Department; or
4) An order of the Circuit Court has expunged
				the underlying record of the offense, the Office of Law Enforcement has
				received notice of the expungement, and the applicable reinstatement fee has
				been paid.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.240 - Points

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				specified in subsection (b), points shall be assessed by classification of
				offense as follows:
1) For a petty offense -
				3 points
2) For a Class C
				Misdemeanor - 6 points
3) For a
				Class B Misdemeanor - 9 points
4)
				For a Class A Misdemeanor - 12 points
5) For a Class 4 Felony - 24 points
6) For a Class 3 Felony or Higher - 60
				points
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.245 - Single Incident Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the event that multiple findings of guilt are entered against an individual
				arising out of a single incident, full points shall be assessed only for the
				finding of guilt with the highest point level with additional points assessed
				for the remaining findings of guilt as follows:
1) For a petty offense - 1 point
2) For a Class C misdemeanor - 2
				points
3) For a Class B misdemeanor
				- 3 points
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.250 - Groups

Current through Register Vol. 48, No. 28, July 12, 2024
a) Group A =
				Wildlife Code, Endangered Species Protection Act - Wildlife, Federal Offenses -
				Wildlife, Section 48-3(b) of the Criminal Code of 2012 - Wildlife, and
				Herptiles-Herps Act.
b) Group B =
				Fish and Aquatic Life Code, Endangered Species Protection Act - Aquatic Life,
				Federal Offenses - Aquatic Life, Section 48-3(b) of the Criminal Code of 2012 -
				Aquatic Life, and Herptiles-Herps Act.
c) Group C = Timber Buyers Licensing
				Act.
d) Group D = Ginseng
				Harvesting Act, Endangered Species Protection Act - Plants, Federal Offenses -
				Plants.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.255 - Types of Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Type I
				Offenses = Those offenses related to commercial/business activities covered
				under Timber Buyer, Taxidermist, Aquaculture, Aquatic Life Dealer, Herptile,
				Minnow Dealer, Mussel Dealer, Commercial Roe Dealer, Commercial Fisherman,
				Commercial Musselor, Commercial Roe Harvester, Game and Game Bird Breeder, Wild
				Game Food Dealer, Furbearing Animal Breeder, Fur Tanner, Class A Nuisance
				Wildlife Control Operator, Migratory Waterfowl Hunting Area or Charter Fishing
				licenses and permits.
b) Type II
				Offenses = All other offenses related to activities covered under licenses and
				permits and offenses of hunter or fisherman interference under the Criminal
				Code. (Example: hunting, trapping, sport fishing, etc.)
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.270 - Summary Revocation/Suspension Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Illinois Circuit Court clerks shall
				report to the Office of Law Enforcement, Illinois Department of Natural
				Resources, One Natural Resources Way, Springfield IL 62702-1271, the
				disposition of cases involving a violation of any of the provisions of the Fish
				and Aquatic Life Code, the Wildlife Code, the Timber Buyers Licensing Act, the
				Ginseng Harvesting Act, the Endangered Species Protection Act, the
				Herptiles-Herps Act and Section 48-3(b) of the Criminal Code of 2012.
b) Points shall be assessed to the person by
				the Office of Law Enforcement once reports of disposition are received from the
				circuit clerk. The Department shall not be responsible or liable for the delay
				or failure of a circuit clerk in the reporting of dispositions. Any delay or
				failure of a circuit clerk in the reporting of dispositions does not affect the
				Department's ability to revoke or suspend privileges pursuant to this
				Part.
c) Whenever sufficient points
				have been accumulated for suspension as set out in Section
				2530.260,
				the suspension shall be imposed by the Department on a quarterly basis as
				follows:
1) For any dispositions received
				during the first quarter of the calendar year (January-March), suspensions
				shall begin on April 30.
2) For any
				dispositions received during the second quarter of the calendar year
				(April-June), suspensions shall begin on July 30.
3) For dispositions received during the third
				quarter of the calendar year (July-September), suspensions shall begin on
				October 30.
4) For dispositions
				received during the fourth quarter of the calendar year (October-December),
				suspensions shall begin on January 30.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.275 - Notice of Revocation/Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) As set out in this Subpart B, any person
				who has accumulated sufficient points to have a license revoked and/or
				privileges suspended shall be notified by mail that any licenses, stamps or
				permits held by that person pursuant to the statutes or administrative rules
				for the type and group in which the points were accumulated are immediately
				revoked. The notice shall further inform the person how many points have been
				assessed and for how long their privileges are suspended.
b) At any time after imposition of
				revocation/suspension, the Office of Law Enforcement may withdraw the
				revocation/suspension if the Office of Law Enforcement finds the
				revocation/suspension was issued in error.
c) For Type I (commercial/business type)
				suspensions, the notice shall also include instructions that no new business
				may be taken in, effective immediately with the suspension, and that existing
				business must cease within 30 days after the effective date of the suspension.
				Proof that all existing business has ceased may be in the form of written
				correspondence to all current clients notifying them of the suspension and
				their alternatives.
d) Notices
				shall be mailed to the last known address of the person through U.S. mail, and
				an affidavit of mailing shall be proof that the notice was received 4 days
				after being mailed. The effective date of the suspension will be the date
				indicated in the Notice of Suspension letter. Revocation and suspension shall
				be effective 4 days after notice is deposited in the U.S. mailbox.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart B - SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS › Section 2530.280 - Request for Hearing to Appeal Summary Revocation/Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
				is mailed notice of suspension and revocation shall have the right to appeal by
				filing a Petition for Hearing. The Petition for Hearing shall be mailed to or
				filed with the Office of Legal Counsel, Illinois Department of Natural
				Resources, One Natural Resources Way, Springfield IL 62702-1271. Petitions must
				be received by the Department within 34 days after the date of the Notice of
				Suspension.
b) A Petition for
				Hearing must be received by the Department's Office of Legal Counsel within 34
				days after the date of the Notice of Suspension. If the petition is not timely
				received by the Office of Legal Counsel at the Department of Natural Resources,
				the summary revocation/suspension will be considered final without further
				notice.
c) The petition shall be
				styled "In re the suspension of ____, PETITION FOR HEARING". The petition shall
				contain sufficient facts in justification of a hearing and be signed by the
				petitioner (person whose privileges were suspended).
d) The petition shall also state if the
				petitioner paid a civil penalty through the Circuit Court for an illegal take
				as a result of the related (conservation) violations of the Fish and Aquatic
				Life Code, the Wildlife Code or the Endangered Species Protection
				Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart C - DEPARTMENT INITIATED REVOCATIONS/SUSPENSIONS BASED UPON COURSE OF CONDUCT › Section 2530.300 - Department Initiated Revocation/Suspension Based Upon Course of Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proceedings for
				revocation/suspension based upon course of conduct with at least one
				determination of guilt by a court of law shall be commenced by the service of a
				notice and a complaint upon the respondent.
b) The complaint shall contain the following:
1) A reference to the provision of the law or
				rules of which the respondent was found guilty by a court of law, including a
				description sufficient to advise respondent of the basis for
				revocation/suspension;
2) A
				description of any/all the violations committed by respondent in a guilty
				finding sufficient to advise respondents of the basis for
				revocation/suspension;
3) A concise
				statement of the relief that the complainant seeks; and
4) A statement that the relief stated in the
				complaint shall be granted if the respondent does not answer, respond or attend
				a hearing as set out in this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart C - DEPARTMENT INITIATED REVOCATIONS/SUSPENSIONS BASED UPON COURSE OF CONDUCT › Section 2530.310 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart governs practices and procedures under the
				  jurisdiction of the Department for the following:
a) Summary revocation of licenses and/or
				suspension of privileges based upon accumulation of points from determinations
				of guilty by a court of law;
b)
				Revocation of licenses and/or suspension of privileges sought by the Department
				based upon course of conduct, with at least one determination of guilt by a
				court of law;
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart C - DEPARTMENT INITIATED REVOCATIONS/SUSPENSIONS BASED UPON COURSE OF CONDUCT › Section 2530.340 - Notice and Complaint (Department Initiated Proceeding) (Renumbered)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.355 - General Procedures of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon timely receipt of a Petition or
				Complaint for Hearing, the Director of the Department of Natural Resources or
				his or her designee shall designate a Hearing Officer. The Hearing Officer
				shall be a licensed attorney. Staff members of the Office of Law Enforcement,
				witnesses and the Director shall not serve as Hearing Officers. The appointed
				Hearing Officer shall not have direct involvement in the case or have an
				interest in the decision to be reached. Mere familiarity with the facts shall
				not disqualify a Hearing Officer.
b) The Hearing Officer shall set a date, time
				and place for a hearing to be held within 90 days after receipt of a timely
				request for hearing.
c) The hearing
				shall be held in the offices of the Department in Springfield, Illinois or in
				such other place as the Hearing Officer shall, for stated cause, designate. The
				Hearing Officer shall give notice at least 15 days prior to the date of the
				hearing to the parties, in accordance with this Part.
d) Failure to comply with this Part may not
				be used as a defense to a proceeding under this Part, but any person adversely
				affected by a failure of compliance may have the hearing postponed if prejudice
				is shown, upon motion to the Hearing Officer.
e) Any pleadings, motions or orders shall be
				served by First Class United States mail or by electronic mail at the address
				provided by the Hearing Officer, and copies shall be sent to all parties and
				the Hearing Officer, with proof of service. Proof of service of any paper other
				than the petition shall be by certificate of service.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.360 - Time and Location of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after the service of the Department's Complaint or within 60
				days after receipt of a Petition for Hearing, the Hearing Officer shall set a
				date and time for a pre-hearing conference and a date, time and place for
				hearing.
b) The hearing shall be
				held in the offices of the Department in Springfield, Illinois or in such other
				place as the Hearing Officer shall for stated cause designate. He shall give
				notice at least 15 days prior to the date of the hearing to the parties, in
				accordance with this Part.
c)
				Failure to comply with the provisions of this Part may not be used as a defense
				to a proceeding under this Part, but any person adversely affected by a failure
				of compliance may have the hearing postponed if prejudice is shown, upon motion
				to the Hearing Officer.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.370 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				motion of a party and/or upon written notice by the Hearing Officer, the
				parties or their attorneys may be directed to appear at a specific time and
				place for a pre-hearing conference, before the 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;
3) the possibility of making admissions of
				certain averments of facts or stipulations concerning the use of either or both
				parties of matters of public record to avoid unnecessary introduction of
				proof;
4) the limitation of the
				number of witnesses;
5) the
				propriety of prior mutual exchange between or among the parties of prepared
				testimony and exhibits;
6) in
				hearings or in defaults involving accumulation of points assessed due to
				violations of the Timber Buyers Licensing Act, mitigation and aggravation
				factors, if applicable, in determining the appropriate number of points and
				length of suspension of the Petitioner; and
7) such other matters as may aid in the
				simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.380 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall have the duty to conduct a fair
				  hearing, to take all necessary action to avoid delay, to maintain order, and to
				  ensure development of a clear and complete record. He shall have all powers
				  necessary to these ends, including but not limited to the power to:
a) Rule upon offers of proof and receive
				evidence and rule upon objections to the introduction of evidence;
b) Regulate the course of the hearings and
				the conduct of the parties and their counsel in those hearings;
c) Interrogate witnesses;
d) Hold pre-hearing conferences for
				settlement, simplification of the issues, or any other proper
				purpose;
e) Determine the timing
				and form of motions and responses by the parties;
f) Rule on the necessity or desirability of
				amending the pleadings for the purpose of clarification, amplification or
				limitation;
g) Rule on motions,
				issues on admissions or stipulations;
h) Rule on the limitation of the number of
				witnesses and limitation of issues and evidence;
i) Issue or deny the issuance of subpoenas
				requested by the parties;
j)
				Consider factors in mitigation and aggravation in determining the appropriate
				length of suspension sentencing in Department initiated revocations/suspensions
				based upon course of conduct only, pursuant to Section
				2530.310;
k) Rule on such other matters as may aid in
				the simplification of the evidence and disposition of the proceeding;
				and
l) Rule on the propriety of
				prior mutual exchange between or among the parties of prepared testimony and
				exhibits and other discovery. No discovery described by Supreme Court Rule 201
				will be permitted prior to a hearing, except by permission of the Hearing
				Officer.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.390 - Order of Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be the order of all administrative
				  hearings, subject to modification by the Hearing Officer for good cause;
a) Presentation, argument and disposition of
				motions preliminary to a hearing on the merits of the matters raised in the
				complaint/petition;
b) Presentation
				of opening statements;
c)
				Presentation of Complainant's/Petitioner's case in chief;
d) Presentation of Respondent's/Defendant's
				case in chief;
e) Presentation of
				Complainant's/Petitioner's rebuttal case;
f) Statements from interested parties, if
				authorized by the Hearing Officer;
g) Presentation of closing argument, which
				may include legal argument;
h)
				Presentation and argument of all motions prior to final order.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.400 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Official notice shall be taken of all facts of which judicial
				  notice may be taken, and of other facts within the specialized knowledge and
				  experience of the Department. Parties shall be afforded an opportunity to
				  contest material officially noticed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.410 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear on the date set for pre-hearing
				  or hearing as ordered by the Hearing Officer shall constitute a
				  default.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.420 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Officer will receive evidence that is admissible under the law of the rules of
				evidence of Illinois pertaining to civil actions. In addition, the Hearing
				Officer may receive material, relevant evidence that would be relied upon by
				reasonably prudent persons in the conduct of serious affairs that is reasonably
				reliable and reasonably necessary to resolution of the issue for which it is
				offered.
b) The Hearing Officer
				shall exclude from consideration immaterial, irrelevant and repetitious
				evidence.
c) When the admissibility
				of disputed evidence depends upon an arguable interpretation of substantive
				law, the Hearing Officer shall admit that evidence.
d) The Hearing Officer may order the record
				of any relevant prior proceeding before the Department or part thereof
				incorporated into the record of the present proceeding.
e) Relevant scientific or technical articles,
				treatises or materials may be introduced into evidence subject to refutation or
				disputation through any introduction of comparable documentary evidence or
				expert testimony.
f) Department
				Initiated Revocations/Suspensions
A party may introduce evidence as grounds that would
				  demonstrate factors in mitigation or factors in aggravation of the relief
				  sought in the complaint.
g)
				The Hearing Officer shall take only the following matters into consideration in
				hearings for cases of suspension/revocation based on accumulation of points
				imposed under Subpart B:
1) was the Petitioner
				found guilty of the offenses outlined in the Notice of Suspension;
2) were points for those offenses properly
				assessed; and
3) was
				suspension/revocation properly imposed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.430 - Motions and Answers

Current through Register Vol. 48, No. 28, July 12, 2024
a) All motions
				preliminary to a hearing shall be presented to the Hearing Officer at least
				five (5) days prior to the date of the hearing or on such other date as the
				Hearing Officer shall designate. All motions to dismiss or strike the complaint
				or challenging the jurisdiction of the Department shall be filed within fifteen
				(15) days after receipt of complaint, directed to the Hearing Officer and shall
				be disposed of prior to hearing on the complaint. All motions must be served on
				all parties to the proceeding. The response of the Department and such other
				parties so served shall be filed within fifteen (15) days subsequent to
				delivery to the Hearing Officer
b)
				Unless made orally on the record during a hearing, a motion shall be in
				writing.
c) Within fifteen (15)
				days after service of a written motion, or such other period as the Hearing
				Officer may prescribe, a party other than the party who filed the motion may
				file a response in support of or in opposition to the motion, accompanied by
				affidavits or other evidence. If no response is filed, the parties shall be
				deemed to have waived objection to the granting of the motion, but such waiver
				of objection does not automatically constitute grounds for allowance of the
				motion.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.470 - Administrative Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The record of
				the hearing approved by the Hearing Officer and all exhibits offered in
				connection with the hearing shall constitute the administrative record, and it
				shall be so certified by the Hearing Officer.
b) The administrative record in a contested
				case shall include:
1) all pleadings
				(including all notices and responses thereto), motions and rulings;
2) evidence admitted or preserved;
3) a statement of matters officially
				noticed;
4) offers of proof,
				objections and rulings thereon;
5)
				proposed findings and exceptions;
6) any decision, opinion or report by the
				Hearing Officer, including findings of fact and conclusions of law;
7) the Department's final order;
				and
8) A recording of the hearing
				that adequately ensures the preservation of the proceedings or a transcript of
				the recording, if one is made at the request of another party.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.480 - Briefs and Oral Arguments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				parties may submit written briefs within ten (10) days after the close of the
				hearing, or such other reasonable time as the Hearing Officer shall determine
				consistent with the Department's responsibility for expeditious
				decision.
b) No oral argument will
				be heard on a motion unless the Hearing Officer directs otherwise. A written
				brief may be filed with a motion or an answer to a motion, stating the
				arguments and authorities relied on.
c) Written motion will be disposed of by
				written order and transmitted to all parties in accordance with this
				part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 2530 - REVOCATION PROCEDURES FOR CONSERVATION OFFENSES › Subpart D - HEARINGS OF CONTESTED CASES › Section 2530.482 - Decision, Order and Disposition

Current through Register Vol. 48, No. 28, July 12, 2024
a) Decision and Order
1) Findings of facts shall be based
				exclusively on the evidence and on matters officially noticed.
2) The Department shall prepare a written
				order and opinion for all final determinations. The order shall include
				findings of fact and conclusions of law and shall be signed by the Director
				after considering the Hearing Officer's recommendations.
3) Findings shall include specific references
				to principal supporting items of evidence in the record.
4) Findings of fact and conclusions of law
				must be separately stated.
5) The
				Department's final order may include any or all of the following:
A) A direction to cease and desist from
				violations of the Department's rules and orders;
B) Suspension of licenses, permits or
				privileges;
C) Revocation of a
				license or permit; or
D) Other
				determinations that may be appropriate.
6) The Department shall notify all parties or
				their agents by mail of any final order.
7) The Department's order shall be the final
				administrative decision of the Department, noting that it is appealable to the
				Circuit Court, pursuant to the Administrative Review Law [735 ILCS 5 /Art.
				III].