reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart I - RECORDKEEPING AND REPORTING › Section 200.806 - Records of Transactions - Explosives Licensees, Temporary Explosives Licensees and Storage Certificate Holders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The requirements of this Section shall not apply to any explosives licensee or
				storage certificate holder who is a holder of an explosives license, a
				temporary explosives license or permit issued by ATF and who satisfies the
				recordkeeping requirements for transactions of explosive materials prescribed
				by ATF, except that, in all cases, the information required under subsection
				(b)(2) shall be recorded. Unless otherwise exempted by the Act, it shall be
				unlawful to sell explosives to a person who does not possess a valid Illinois
				explosives license or storage certificate. The Department shall be allowed to
				inspect all ATF records. Failure to produce the records or failure to keep
				complete records may be cause for enforcement action under Subpart J.
b) Any person, explosives licensee, temporary
				explosives licensee or holder of a storage certificate shall maintain a record
				of each transaction in which explosive materials are sold, purchased, used,
				disposed of or otherwise transferred. The record shall be made on a sales slip,
				delivery ticket, invoice, ATF transaction record form, or other document and
				shall include:
1) the name and address of the
				seller or person from whom the explosive materials were procured;
2) the name, address and Illinois explosives
				license, temporary explosives license or storage certificate number (with
				expiration date), if applicable, of the purchaser or person to whom the
				explosive materials were delivered;
3) the date of purchase or delivery;
				and
4) the quantity and description
				of the explosive materials.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart I - RECORDKEEPING AND REPORTING › Section 200.807 - Daily Summary of Magazine Transactions

Current through Register Vol. 48, No. 28, July 12, 2024
A record of the daily inventory shall be kept for each
				  magazine other than a Type 3 magazine. The record shall contain, by
				  manufacturer or brand name, the total quantity of explosive materials received
				  in and removed from the magazine, and the total remaining on hand at the end of
				  the day. Any discrepancy that indicates a theft or loss of explosive materials
				  must be reported in accordance with Section
				  200.805. The daily inventory
				  records shall be kept for at least five years.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart I - RECORDKEEPING AND REPORTING › Section 200.808 - Transactions - Black Powder

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu
				of the requirements of Sections
				200.806 and
				200.807, a holder of a storage
				certificate who engages in the sale of black powder in quantities not exceeding
				5 pounds for sporting and recreational uses shall maintain a record of each
				transaction. The record shall be made in a book or ledger kept for that purpose
				and shall include:
1) the name, address and
				storage certificate number of the seller;
2) the name and address of the
				purchaser;
3) the Firearm Owner's
				Identification (FOID) card number of the purchaser if the purchaser is a
				resident of Illinois, or other positive identification if the purchaser is a
				non-resident;
4) the date of
				purchase; and
5) the quantity of
				black powder transacted.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart I - RECORDKEEPING AND REPORTING › Section 200.809 - Record of Annual Physical Magazine Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
a) The holder of a storage certificate shall
				conduct and make a complete record of the physical inventory of explosive
				materials annually during the 6 month renewal period. If the inventory is
				conducted at the time of or prior to the annual inspection provided for in
				Section
				200.206, the record shall
				be made available to the Department at the annual inspection. If the inventory
				is conducted after the annual inspection is completed, the holder shall submit
				a copy to the Department prior to the last day of February.
b) In addition, the holder of a storage
				certificate shall conduct and make a complete record of the physical inventory
				whenever the Department or holder has reason to believe, based on a personal
				observation, a review of records, or information received from other persons,
				that explosive materials may be lost or stolen from a magazine or otherwise
				unaccounted for, or that the amount or type of explosives being stored is not
				in compliance with the storage certificate. The holder of a certificate of
				storage shall also conduct and make a complete record of the physical inventory
				upon the request of the Department, based on the same beliefs. A special
				inventory conducted and recorded under this subsection satisfies the annual
				inventory requirement if it is conducted and recorded during the 6 month
				renewal period.
c) The annual
				inventory requirements of subsection (a) shall not apply to a storage
				certificate holder who is a holder of an explosives license, a temporary
				explosives license or storage permit issued by ATF and who satisfies the annual
				and special inventory requirements prescribed by ATF, but compliance will not
				relieve the holder of a storage certificate from the obligation of conducting
				special inventories in accordance with subsection (b). The Department shall be
				allowed to inspect the inventory records and failure to produce the records or
				failure to keep complete records may be cause for enforcement action under
				Subpart J.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart I - RECORDKEEPING AND REPORTING › Section 200.815 - Monitoring and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 4003(a) of the Act, the Department shall
				  require the licensee to maintain any records pertaining to the possession, use,
				  manufacture, purchase, transfer and storage of explosive materials as the
				  Department may prescribe and shall furnish the Department or its authorized
				  representatives those records or other relevant information legally requested
				  by the Department or its representatives. Explosives licensees and storage
				  certificate holders shall maintain their records and other relevant information
				  at a safe and secure location that is not in the immediate area where the
				  explosives are stored.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.915 - Inspections by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Explosives licensees, temporary explosives licensees, persons, and storage
				certificate holders shall make all required records available to authorized
				representatives of the Department and shall permit their locations and
				facilities to be inspected by representatives of the Department. A person who
				is unlicensed and/or has storage that has not been certified by the Department
				will only be inspected when there is probable cause established prior to the
				inspection.
b) The Department will
				conduct inspections of explosives locations and facilities as follows:
1) Upon receipt of an original, renewal or
				modification storage certificate application;
2) At such other times and conditions as the
				Department deems appropriate. Inspections may be conducted randomly without
				prior notice; or
3) Upon complaint
				from the industry, public, agencies of the State or federal agencies regarding
				the safe and proper storage, handling, and use of explosive
				materials.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.920 - Enforcement Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				Sections 2011, 3002, 3004, 5001 and 5006 of the Act, the Department is
				authorized to take the following enforcement actions:
1) refuse to issue or renew an explosives
				license, a temporary explosives license, or a storage certificate, as set forth
				in Subparts B and C;
2) suspend or
				revoke an explosives license, a temporary explosives license, or a storage
				certificate with notice of a hearing;
3) summarily suspend or revoke an explosives
				license, a temporary explosives license, or a storage certificate without
				notice of a hearing when the Department finds that a condition or practice
				exists that could reasonably be expected to cause death, serious physical harm,
				or property damage;
4) cancellation
				of a storage certificate for storage of explosive materials in excess of the
				amount authorized by the certificate or change in physical conditions
				surrounding the magazine, as set forth in Subpart I;
5) imposition of fines not to exceed $5,000
				per occurrence;
6) issuance of a
				notice of violation;
7) imposition
				of temporary or permanent conditions on a license or storage
				certificate;
8) any other
				disciplinary action the Department may deem proper;
9) apply for an administrative search
				warrant; and
10) issuance of a
				violation to any individual/person possessing, using, acquiring, transferring,
				handling, disposing, or storage explosive materials in a manner that endangers
				the public health, safety, or welfare (public endangerment) pursuant to 225
				ILCS 210 and this Part.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.925 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				authorized representative of the Department shall issue a notice of violation
				if the Department determines that any person is in violation of the Act, this
				Part or any term or condition of any explosives license or storage
				certificate.
b) A notice of
				violation issued under this Section shall be in writing, shall be signed by the
				authorized representative who issued it, and shall set forth with reasonable
				specificity:
1) The nature of the
				violation;
2) Statutory citations
				and/or administrative regulations violated;
3) If any remedial action is required or
				possible, any interim steps;
4) If
				remedial action is required, a reasonable time for abatement, including time
				for accomplishment of interim steps and for completion of all actions necessary
				to address the violation;
5) A
				reasonable description of the statutory provisions to which the notice of
				violation applies.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.930 - Office of Mines and Minerals Director's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the 14 day requirement in Section
				200.925(d)
				has elapsed, the Director, or a designee, shall review the notice of violation
				and any response from the alleged violator and shall affirm, modify or vacate
				the notice of violation in writing.
b) Modification of the notice of violation by
				the Director may include:
1) any different or
				additional remedial actions necessary to abate the violation and the time
				within which the violation must be abated;
2) the assessment of civil
				penalties;
3) probationary or
				permanent modification or conditions on the explosives license, temporary
				explosives license or storage certificate;
4) the time set for abatement or for
				accomplishment of an interim step, which may be extended due to the existence
				of any additional conditions or factors in aggravation or mitigation of the
				violation, including information provided by the person, if the failure to meet
				the time previously set was not caused by lack of diligence on the part of the
				person to whom it was issued; and
5) other disciplinary action, including
				suspension or revocation of the explosives license, temporary explosives
				license or storage certificate; and
6) termination of the violation (when all
				abatement action required by the Department has been completed).
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.935 - Process for Assessment of Fines

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may assess a penalty for each notice of violation. The civil
				penalty shall be determined as provided in this Section, considering the
				person's history of violations, plus the seriousness of the violation, plus the
				degree of culpability. All fines imposed under the Act and this Section shall
				be in accordance with this Part.
1) The
				Person's History of Previous Violations. For purposes of determining the
				history of violations, the Department will consider only those violations that
				have a Department's final administrative decision or a final judicial decision
				affirming the final administrative decision occurring within a 10 year period.
A) A violation shall not be counted if the
				notice or order is the subject of pending administrative review by the
				Department under Subpart K or if the time to request a review has not expired.
				Thereafter, it shall be counted for a 10 year period after the date of the
				Department's final administrative decision or a final judicial decision
				affirming the final administrative decision.
B) No violation for which the notice has been
				vacated shall be counted.
C)
				History of Violations
i) First violation of
				the rule, assess $100.
ii) Second
				violation of the same rule within a 10 year period from the date of issuance of
				the first violation, assess $250.
iii) Third and subsequent violations of the
				same rule within a 10 year period from the date of issuance of the first
				violation, assess $500.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.940 - Immediate Suspension or Revocation of License or Storage Certificate

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the
				Department finds, based upon a reasonable belief from on-site observation,
				record inspection by Department personnel, information received from law
				enforcement personnel, information received from the public, or information
				obtained in any other manner, that a licensee's or certificate holder's
				violation of the Act or this Part may cause or could be expected to cause death
				or serious injury to persons or damage to property, the Department may issue an
				order immediately suspending or revoking the explosives license, temporary
				explosives license or storage certificate.
b) The Department shall serve its order of
				immediate suspension or revocation of an explosives license, a temporary
				explosives license or a storage certificate under this Section either
				personally or by certified mail to the licensee's or certificate holder's last
				known address. The immediate suspension or revocation order shall be considered
				served when personally delivered or on the date that it was mailed.
c) The Department shall serve, with the order
				of immediate suspension or revocation, a notice containing the following
				information:
1) The specific grounds upon
				which the explosives license, temporary explosives license or storage
				certificate suspension or revocation is based;
2) The abatement action required, conditions
				or other disciplinary action imposed, including the assessment of fines
				pursuant to Section
				200.920(a)(5);
3) A statement that the recipient may request
				a hearing to contest the suspension or revocation by filing a written request
				for hearing in accordance with Section
				200.930(f)
				 within 30 days after the notice is
				mailed;
4) A statement that the
				recipient's failure to make a written request for hearing within 30 days after
				the notice is mailed will constitute a waiver of the recipient's rights to
				contest the action. The suspension or revocation notice will then become the
				final administrative decision of the Department, affirming the Department's
				action.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart J - INSPECTION AND ENFORCEMENT › Section 200.945 - Disposal of Explosives; Surrender or Seizure of License, Certificate or Explosives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				10 days after the order of cancellation, suspension or revocation of a storage
				certificate by the Department, all explosive materials shall be removed from
				the magazine covered by the storage certificate and disposed of in accordance
				with the manufacturer's instructions or shall be relocated to an approved
				magazine with a valid storage certificate. Verification of the disposal or
				relocation shall be made to the Department within 24 hours after the action
				taken. Failure to do so may result in the seizure of the explosive
				materials.
b) Upon the suspension
				or revocation of any license, the holder shall immediately surrender the
				license to the Department. If the holder fails to do so, the Department has the
				right to seize the explosives license, temporary explosives license, or
				explosive materials through its agents or local law enforcement personnel. If
				summary action under Section 5006 of the Act is taken by the Department, the
				Department has the right to seize the explosives license, temporary explosives
				license, or explosive materials immediately upon issuance of its
				order.
c) Upon discovery of
				explosives that are illegally possessed, stored, transferred or a hazard to
				public safety, the Department has the right to seize the explosive materials
				through its agents or local law enforcement personnel immediately for public
				safety purposes.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1000 - Notice of Department's Intended Action; Contents and Service

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Department intends to refuse to issue or renew,
				  to suspend or revoke, or to assess administrative fines against a holder of an
				  explosives license, a temporary explosives license or a storage certificate,
				  the Department shall give written notice to the applicant or holder personally
				  or by certified mail sent to the applicant's or holder's last known
				  address.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1005 - Request for Hearing on Department's Intended Action; Contents and Service

Current through Register Vol. 48, No. 28, July 12, 2024
The request for a hearing shall be in writing, shall admit or
				  deny matters alleged by the Department, and may include any related explanatory
				  information. The request for hearing shall be delivered personally or by mail
				  sent to the Department at the address indicated in the
				  notice.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1010 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				notice setting forth the date, time, place and nature of the hearing, and the
				name and address of the hearing officer, shall be mailed, by certified mail, to
				an applicant or holder making a timely written request for hearing at least 14
				days prior to the scheduled hearing date.
b) The hearing proceedings shall be commenced
				within 30 days after receipt of the request for hearing, unless the hearing is
				continued for good cause at the request of any party.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1015 - Postponement or Continuance of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing may be postponed or continued for due cause by the
				  hearing officer upon his or her own motion or upon the motion of a party to the
				  hearing. A motion filed by a party to the hearing shall set forth facts
				  attesting that the request for continuance is not for the purpose of delay.
				  Except in the case of an emergency, motions requesting postponement or
				  continuance shall be made in writing and shall be received by all parties to
				  the hearing at least 3 business days prior to the scheduled hearing date. All
				  parties involved in a hearing shall avoid undue delay caused by repetitive
				  postponements or continuances so that the subject matter of the hearing may be
				  resolved expeditiously.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1020 - Hearing Officer; Powers and Duties

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Code of Civil Procedure [735 ILCS 5 ] and the
				  Illinois Supreme Court Rules apply to administrative hearings under this
				  Part.
a) The hearing officer
				designated to preside over a hearing shall take all necessary action to avoid
				delay, to maintain order, and to develop a clear and complete record, and shall
				have all powers necessary and appropriate to conduct a fair hearing, including
				to:
1) administer oaths and
				affirmations;
2) receive relevant
				evidence;
3) regulate the course of
				the hearing and the conduct of the parties and their counsel;
4) consider and rule upon procedural
				requests;
5) hold conferences for
				the settlement or simplification of the issues;
6) examine witnesses and direct witnesses to
				testify, limit the number of times any witness may testify, limit repetitive or
				cumulative testimony, and set reasonable limits on the amount of time each
				witness may testify; and
7)
				authorize reasonable discovery by a party.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1025 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party to
				proceedings brought under Subpart J may apply for subpoenas to compel the
				attendance of witnesses and the production of relevant documents.
b) The applicant shall submit the subpoena
				request to the Department's hearing officer. The subpoena request shall
				specifically identify the witness or relevant documents sought to be
				produced.
c) The hearing officer
				shall issue subpoenas within 7 calendar days from the receipt of a request made
				in accordance with subsection (b) and deliver the subpoena to the applicant who
				shall serve all subpoenas issued by certified mail, return receipt requested,
				at least 7 days before the date set for the hearing. Any witness shall respond
				to any lawful subpoena of which he or she has actual knowledge, if payment of
				the witness fee and mileage applicable in the State circuit courts has been
				tendered. Service of a subpoena may be proved prima facie by a return receipt
				signed by the witness or his or her authorized agent and an affidavit showing
				that the mailing was prepaid and was addressed to the witness, restricted
				delivery, with a check or money order for the fee and mileage
				enclosed.
d) Any party served with
				a subpoena under this Section may file with the hearing officer, and serve on
				all parties, a motion for an order quashing the subpoena, in whole or in part.
				All motions to quash filed under this subsection shall set forth a factual
				and/or legal basis for granting that relief.
e) The hearing officer shall issue, and serve
				on all parties, a decision granting or denying the motion to quash within 7
				calendar days from the receipt of the motion.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1030 - Record of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The Department or party requesting a hearing may provide a
				  reporter to take down the testimony and preserve a record of all proceedings at
				  any hearing conducted under this Part. The cost of the reporter shall be at the
				  expense of the party requesting the reporter. Copies of the transcript may be
				  purchased from the reporter and each party bears the cost to purchase a
				  copy.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1035 - Pre-Hearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				his or her own motion or the motion of a party, the hearing officer shall
				direct the parties or their counsel to conduct a pre-hearing conference in
				order to:
1) Simplify the factual and legal
				issues presented by the hearing request;
2) Receive stipulations and admissions of
				fact and of the contents and authenticity of documents;
3) Exchange lists of all witnesses the
				parties intend to have testify and copies of all documents the parties intend
				to introduce into evidence at the hearing; and
4) Discuss and resolve such other matters as
				may tend to expedite the disposition of the hearing request and to assure a
				just conclusion.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1040 - Burden and Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall have the burden of proof at the hearing.
				  The standard for decision shall be a preponderance of the
				  evidence.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1045 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
If a party, after proper service of notice, fails to appear
				  at a pre-hearing conference or at a hearing, and if no continuance is granted,
				  the Department may then proceed and make its decision in the absence of that
				  party. If the failure to appear at the pre-hearing conference or hearing is due
				  to an emergency situation beyond the party's control, and the Department is
				  notified of the situation on or before the scheduled pre-hearing conference or
				  hearing date, the pre-hearing conference or hearing will be continued or
				  postponed. Emergency situations include sudden unavailability of counsel,
				  sudden illness of a party or his or her representative, or similar situations
				  beyond the party's control.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1050 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Admissibility: A
				party shall be entitled to present his or her case or defense by oral or
				documentary evidence, to submit rebuttal evidence, and to conduct such
				cross-examination as may be required for a full and true disclosure of the
				facts. Any oral or documentary evidence may be received, but a presiding
				hearing officer shall exclude evidence that is irrelevant, immaterial or unduly
				repetitious. The rules of evidence and privilege applied in civil cases in the
				courts of the State of Illinois shall be followed; however, evidence not
				admissible under those rules of evidence may be admitted, except when precluded
				by statute, if it is of a type commonly relied upon by reasonable, prudent men
				in the conduct of their affairs. Subject to these requirements, when a hearing
				will be expedited and the interests of the parties will not be prejudiced, a
				hearing officer shall allow evidence to be received in written form.
b) Official Notice: Official notice may be
				taken of any material fact not appearing in evidence in the record if the
				circuit courts of this State could take judicial notice of that fact. In
				addition, notice may be taken of generally recognized technical or scientific
				facts within the Department's specialized knowledge.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1055 - Brief

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer may require or allow parties to submit
				  written briefs within 10 days after the close of the hearing or within such
				  other time the hearing officer determines is consistent with the Department's
				  responsibility for an expeditious decision.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1060 - Hearing Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 45 days after default, failure to request a hearing or at the conclusion
				of all hearings conducted under this Subpart, the hearing officer shall issue
				proposed findings of fact, conclusions of law and a recommended final
				administrative decision for submittal to the Director.
b) In issuing his or her findings,
				conclusions and recommendation, the hearing officer shall not be strictly bound
				by the actions or relief set forth in the original notice of the Department's
				intended action. The findings, conclusions and recommendation may include
				remedies in addition to or different from those originally sought if they are
				supported by the evidence.
c) The
				provisions of subsection (b) shall not apply when the findings, conclusions and
				recommendation are issued after the applicant or holder fails to request a
				hearing or fails to appear at a properly scheduled hearing. In such cases, the
				Department shall be bound by the actions or relief set forth in the original
				notice of the Department's intended action.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1065 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall issue a final
				administrative decision pursuant to Section 5008 of the Act within 30 days
				after receiving the hearing officer's proposed findings of fact, conclusions of
				law and recommended final administrative decision.
b) In issuing his or her final administrative
				decision, the Director shall not be strictly bound by the actions or relief set
				forth in the original notice of the Department's intended action. The final
				administrative decision may include remedies in addition to or different from
				those originally sought if they are supported by the evidence.
c) The provisions of subsection (b) shall not
				apply when the final administrative decision is issued after the applicant or
				holder fails to request a hearing or fails to appear at a properly scheduled
				hearing. In such cases, the Department shall be bound by the actions or relief
				set forth in the original notice of the Department's intended action.
d) Final administrative decisions are subject
				to the Illinois Administrative Review Law [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1070 - Immediate Suspension Without Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the Department finds, based upon
				reasonable belief from on-site observation, record inspection by Department
				personnel, information received from law enforcement personnel or information
				received from the public, that an explosives licensee's, a temporary explosives
				licensee's or a storage certificate holder's violation of the Act or this Part
				may cause death, serious injury or property damage, the Department shall issue
				an order immediately suspending the license or certificate. This Section shall
				also apply to any individual who no longer meets the licensing and/or storage
				requirements set forth by the Act. The Department has the right to seize the
				explosives license, temporary explosives license, or explosive materials
				through its agents or local law enforcement personnel.
b) The Department shall serve its order of
				immediate suspension of a license or certificate under this Section by personal
				service. The order shall also be sent by certified mail to the licensee's or
				certificate holder's last known address.
c) The Department shall serve an order of
				immediate suspension and a notice containing the information set forth in
				Section 200.1010. The notice will also
				inform the explosives license holder, the temporary explosives license holder
				or the storage certificate holder that the failure to request a hearing in
				accordance with Section
				200.1005 of this Part shall
				result in the automatic issuance of a final administrative decision revoking
				the license or certificate.
d) Any
				occurrence of a violation of this Part constitutes grounds for the immediate
				suspension of a license or certificate. A second or subsequent occurrence of a
				violation requires the Department to immediately suspend a license or
				certificate.
Illinois Administrative Code › Title 62 - MINING › Part 200 - THE ILLINOIS EXPLOSIVES ACT › Subpart K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Section 200.1075 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise provided, computation of time under this Subpart 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 day that is
				not a Saturday, Sunday or legal holiday.
c) 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 K - PROCEDURES FOR ADMINISTRATIVE HEARINGS › Appendix B - Table of Separation Distances for Low Explosives

Current through Register Vol. 48, No. 28, July 12, 2024
POUNDS
DISTANCES IN FEET
OVER
NOT OVER
FROM INHABITED BUILDING
FROM PUBLIC RAILROAD AND
							 HIGHWAY
FROM ABOVE-GROUND MAGAZINE
0
1,000
75
75
50
1,000
5,000
115
115
75
5,000
10,000
150
150
100
10,000
20,000
190
190
125
20,000
30,000
215
215
145
30,000
40,000
235
235
155
40,000
50,000
250
250
165
50,000
60,000
260
260
175
60,000
70,000
270
270
185
70,000
80,000
280
280
190
80,000
90,000
295
295
195
90,000
100,000
300
300
200
100,000
200,000
375
375
250
200,000
300,000
450
450
300
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.20 - Surface Installations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Surface Installations; General.
1) All mine
			 structures, enclosures, equipment, and other facilities (including coal
			 preparation plants, facilities used in the work of preparing coal, construction
			 areas, offices, shops, docks, garages, and laboratories) shall be maintained in
			 good repair to prevent accidents and injuries to miners.
2) The methane content in the air of any coal
			 handling or storage facility shall be maintained at less than 1.0 volume per
			 centum. At any time, the air in any structure, enclosure, or other facility
			 shall contain not less than 19.5 volume per centum of oxygen, not more than 0.5
			 volume per centum of carbon dioxide, and no harmful quantities of other noxious
			 or poisonous gases; and the volume of air shall be sufficient to dilute, render
			 harmless, and to carry away flammable, explosive, noxious, and harmful gases
			 and smoke.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.30 - Thermal Dryers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Thermal
			 dryers; general.
All dryer systems used for drying coal at high temperatures,
				hereinafter referred to as thermal dryers, including without limitation, rotary
				dryers, continuous carrier dryers, vertical tray, and cascade dryers,
				multilouver dryers, suspension or flash dryers, and fluidized bed dryers, shall
				be maintained and operated in accordance with the provisions of Section
				220.30(b) through
				(f).
b) Dryer heating units; operation.
1) Dryer heating units shall be operated to
			 provide reasonably complete combustion before heated gases are allowed to enter
			 hot gas inlets.
2) Dryer heating
			 units which are fired by pulverized coal, shall be operated and maintained in
			 accordance with the recommended standards set forth in the National Fire
			 Protection Association Handbook, 12th Edition, Section 9, "Installation of
			 Pulverized Fuel Systems," 1962.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.40 - Safeguard For Mechanical Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Mechanical equipment guards.
1) Gears,
			 sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings,
			 shafts, sawblades, fan inlets, protruding set screws on revolving parts, and
			 similar exposed moving machine parts which may be contacted by persons, and
			 which may cause injury to persons shall be guarded. Guards shall be
			 sufficiently strong and maintained to provide the required
			 protection.
2) Overhead belts shall
			 be guarded if the whipping action from a broken line would be hazardous to
			 persons below.
3) Guards at
			 conveyor-drive, conveyor-head, and conveyor-tail pulleys shall extend a
			 distance sufficient to prevent a person from reaching behind the guard and
			 becoming caught between the belt and the pulley.
4) Except when testing the machinery, guards
			 shall be securely in place while machinery is being operated.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.60 - Trailing Cables

Current through Register Vol. 48, No. 28, July 12, 2024
a) Trailing
			 cables; ampacity.
All trailing cables shall meet the minimum requirements for
				construction and ampacity provided in the Standards of the Insulated Power
				Cable Engineers Association - National Electric Manufacturers Association in
				effect when such cables are purchased.
b) Trailing cables; short-circuit, grounded
			 phase protection, and disconnecting devices.
Short-circuit protection for trailing cable shall be provided
				by a circuit breaker or other no less effective device of adequate
				current-interrupting capacity in each ungrounded conductor. One (1) breaker may
				protect multiple cables if the amperage setting on the breaker is set to the
				lowest amperage setting of the smallest circuit. Disconnecting devices shall be
				installed in conjunction with each circuit breaker and within three thousand
				(3,000) feet of each mobile machine. Such disconnecting devices used to connect
				power from trailing cables shall be plainly marked and identified and such
				devices shall be equipped or designed in such a manner that it can be
				determined by visual observation that the power is disconnected.
c) Short-circuit protection;
			 ratings and settings of circuit breakers.
Circuit breakers providing short-circuit protection for
				trailing cables shall be set at not more than eighty (80) percent of the
				short-circuit capability of the system. The maximum time for clearing a short
				circuit shall not exceed that cable time current rating specified by the
				Insulated Power Cable Engineers Association higher settings may be permitted by
				an authorized representative of the Department when he has determined that
				higher settings are justified.
d) Design of trailing cable for low and
			 medium voltage three (3) phase equipment.
All trailing cables supplying power to equipment from low and
				medium-voltage systems purchased after effective date shall contain two (2) or
				more grounding conductors having a total cross-sectional area of not less than
				one-half (1/2) the power conductor and grounded metallic shields around each
				power conductor. The metallic shielding shall meet the requirements for
				shielding provided by the Standards of the Insulated Power Cable Engineers
				Association-National Electrical Manufacturers Association for type SH or SHD
				portable power cables. Such trailing cables shall include an insulated
				conductor for the ground continuity check circuit except in circuits in which a
				no less effective device for ground check monitoring approved by the Department
				is being utilized.
e)
			 Splicing of trailing cables.
1) When splices
			 in trailing cables are made, they shall be:
A)
			 Mechanically strong with adequate electrical conductivity,
B) Effectively insulated and sealed so as to
			 exclude moisture, and
C) Vulcanized
			 or otherwise made with suitable materials to provide good bonding to the outer
			 jacket.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.70 - Grounding

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grounding,
			 metallic shielding, armors, conduit enclosing power conductors, metallic
			 frames, casings, and other metallic enclosures of electric equipment and
			 circuits.
Metallic shieldings, armors, conduits enclosing power
				conductors, metallic frames, casings, and other metallic enclosures of electric
				equipment and circuits that can become "alive" through failure of insulation or
				by contact with energized parts shall be grounded by methods approved by an
				authorized representative of the Department.
b) Approved grounding methods; three
			 (3)-phase systems.
1) Resistance Grounded
			 Systems. A grounding circuit consisting of a grounding wire that meets the
			 requirements of Section
			 220.70(f),
			 originating at the grounded side of the grounding resistor, shall extend along
			 with the power conductors and serve as the grounding conductor for all metallic
			 shielding, armors, conduit enclosing power conductors, metallic frames,
			 casings, and other metallic enclosures of electric equipment and circuits that
			 receive power from the circuit. The grounding resistor shall be located at the
			 power source. The grounded side of the grounding resistor shall be connected to
			 a low resistance ground field.
2)
			 Solidly Grounded Systems. The grounded point of three (3)-phase systems shall
			 be grounded to a low resistance ground field and to the cases of the source
			 transformers. A grounding circuit that meets the requirements of Section
			 220.70(b)(1)
			 shall originate at the grounded point of the circuit and extend along with the
			 power conductors and serve as a grounding circuit for the frames, casings, and
			 other metallic enclosures of all circuits and equipment receiving power from
			 that circuit. The grounded point shall be located at the power source. In three
			 (3)-phase, four (4)-wire systems in which the neutral is a power conductor, the
			 neutral shall also be grounded to a low resistance ground field at the service
			 entrance to building or at the utilization locations.
3) Ungrounded Systems. A grounding circuit,
			 consisting of a grounding conductor that meets the requirements of Section
			 220.70(i)
			 and originating at the grounded case or frame of the power source, shall extend
			 along with the power conductors and serve as the grounding conductor for all
			 metallic casings and other metallic enclosures of electrical equipment and
			 circuits receiving power from that circuit. The grounded case or frame of the
			 power source shall be connected to a low resistance ground field.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.80 - Surface High-Voltage Distribution

Current through Register Vol. 48, No. 28, July 12, 2024
a) High-voltage circuits; protective devices.
1) Circuit breakers protecting high-voltage
			 circuits supplying power to portable or mobile equipment must:
A) be properly tested and maintained in
			 accordance with this Section;
B)
			 have adequate interrupting capacity for the circuit application as rated by the
			 manufacturer;
C) be equipped with
			 devices for protection against;
i) short
			 circuit,
ii) overload,
iii) grounded phase, and
iv) undervoltage unless protection against
			 undervoltage is provided on board the portable or mobile equipment receiving
			 power from the circuit. A magnetic starter, which opens upon and must be reset
			 manually following a loss of power, satisfies the undervoltage
			 requirement.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.90 - Low and Medium-Voltage Alternating Current Circuits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Low-voltage and
			 medium-voltage circuits serving portable, mobile and stationary, three
			 (3)-phase alternating-current equipment; protective devices.
1) Low and medium-voltage circuits supplying
			 power to portable or mobile three (3)-phase alternating-current equipment shall
			 be protected by suitable circuit breakers of adequate interrupting capacity,
			 which are properly tested and maintained and equipped with devices to provide
			 protection against grounded phase, short circuit, and overload.
2) Low and medium-voltage circuits supplying
			 power to stationary equipment shall be deenergized with the occurrence of an
			 overload or, short circuit, by a circuit breaker, or fuses of the correct type
			 and capacity. Such devices shall, in addition, on solidly grounded or
			 resistance grounded systems deenergize the circuit on the occurrence of a
			 phase-to-ground fault. Ungrounded low and medium-voltage circuits supplying
			 power to stationary equipment shall be provided with ground detectors to
			 indicate visually the presence of a grounded on any phase. Other no less
			 effective devices may be approved by an authorized representative of the
			 Department.
Illinois Administrative Code › Title 62 - MINING › Part 220 - SURFACE INSTALLATION HEALTH AND SAFETY › Section 220.100 - Ground Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Highwalls,
			 pits and spoil banks; plans; filing of plan.
1) Each operator shall establish and follow a
			 ground control plan for the safe control of all highwalls, pits and spoil banks
			 which shall be consistent with prudent engineering design and will insure safe
			 working conditions. The mining methods employed by the operator shall be
			 selected to insure highwall and spoil bank stability.
2) The operator shall file a copy of such
			 plan, and revisions thereof, with the Department, shall identify the name and
			 location of the mine, and the name and address of the mine operator.