reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.75 - Procedures for Conducting Administrative Hearing: Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				conducted in any proceeding shall be open to the public. Pursuant to authority
				of a Department licensing Act or the rules thereof, which are listed in 2 Ill.
				Adm. Code 700, the Department shall hold hearings immediately when there is
				imminent danger to the public health, safety or welfare.
b) The Director or an administrative law
				judge shall conduct hearings in accordance with the authority set forth in
				Section
				1.22
				of this Part. Continuances and extensions of time shall be granted in
				accordance with the provisions of 8 Ill. Adm. Code
				1.90.
c) The Director or the administrative law
				judge shall direct all parties to enter their appearances on the
				record.
d) The following shall be
				the order of all contested case hearings, subject to modification by the
				administrative law judge for good cause (e.g., bad weather):
1) Presentation, argument and disposition of
				motions preliminary to a hearing on the merits of the matters raised in the
				complaint;
2) Presentation of
				opening statements;
3)
				Complainant's or petitioner's case in chief;
4) Respondent's case in chief;
5) Complainant's or petitioner's case in
				rebuttal;
6) Respondent's closing
				argument;
7) Complainant's or
				petitioner's closing argument;
8)
				Presentation and argument of all motions prior to final order.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.77 - Decision and Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director
				or administrative law judge shall prepare a written order for each contested
				case. The order shall be supported by concise findings of fact and conclusions
				of law. The order shall be signed by the Director or administrative law
				judge.
b) The decision or order
				shall be presented and conform with the requirements of Section 10-50 of the
				Illinois Administrative Procedure Act. A copy of such decision or order shall
				be provided to each party in accordance with Section 10-50 of the Illinois
				Administrative Procedure Act.
c)
				Findings of fact and conclusions of law shall be separately stated.
d) Findings of fact shall include specific
				references to principal supporting items of evidence in the record.
e) The Department's final order may include
				any or all of the following as authorized by the law or rule under which the
				contested case was held:
1) A direction to
				cease and desist from violations of the statute, Department's rules or
				orders;
2) Suspension of a
				license(s) or permit(s);
3)
				Revocation of a license or permit;
4) Such other determinations that may be
				appropriate according to the law administered by the Department or the rules
				for that law (e.g., payment of monetary penalties).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.80 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoenas
				requiring that attendance and the giving of testimony by witnesses, and
				subpoenas duces tecum requiring the production of books, papers, records or
				memoranda may be issued by the Director or the administrative law judge upon
				his or her own motion or upon the written request of any party to the
				proceeding. The Director or the administrative law judge may require the party
				requesting the issuance of subpoenas to demonstrate the relevancy of the
				request to the issues in the hearing. For good cause shown, the Director or the
				administrative law judge may deny or modify the request for
				subpoenas.
b) Subpoenas issued by
				the Director or the administrative law judge upon the request of a party to the
				proceeding shall be delivered to the requesting party who shall be responsible
				for serving the subpoenas. Subpoenas shall be served personally or by certified
				mail.
c) The witness fee for
				attendance and travel shall be the same as the fee of the witnesses before the
				Circuit Courts of this State. The person who requests that a subpoena be issued
				shall be responsible for paying any witness fee for attendance and travel to
				the formal administrative proceeding. When a witness is subpoenaed by the
				Director or administrative law judge upon his or her own motion or upon the
				request of the Department, the witness fee shall be paid in the same manner as
				other expenses of the agency.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.85 - Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
During the pendency of any proceeding, the Department, its
				  administrative law judge, or any party may depose any witness in a manner which
				  conforms to the provisions of the laws of this State.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.90 - Continuances of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Continuances and extensions of time for compliance with
				  orders of the Department during the pendency of the proceeding shall be granted
				  by the Director or the administrative law judge if they are not repetitious, do
				  not unnecessarily delay the proceedings, and do not work a hardship on
				  witnesses, unless there is imminent danger to the public health, safety or
				  welfare.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.95 - Petition for Reconsideration or Stay of Administrative Action

Current through Register Vol. 48, No. 28, July 12, 2024
After a decision is rendered by the administrative law judge,
				  a person affected by the decision may submit a petition for reconsideration or
				  stay of administrative action as outlined in Sections
				  1.112
				  through
				  1.128
				  of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.100 - Department Official Custodian of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall be the official custodian of all papers
				  and documents in proceedings before the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.105 - Computing Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
The time within which any act under 8 Ill. Adm. Code
				  1.15
				  through
				  1.110
				  is to be done shall be computed by excluding the first day and including the
				  last. Saturdays, Sundays and legal holidays for the State of Illinois shall be
				  included in computing the time, except that when such time expires on a
				  Saturday, Sunday or legal holiday for the State of Illinois, such period shall
				  be extended to include the next following business day.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.110 - Protection of Person's Rights

Current through Register Vol. 48, No. 28, July 12, 2024
These rules in Subpart B shall not be construed to abrogate,
				  modify or limit any rights, privileges or immunities granted or protected by
				  the Constitution or laws of the United States or the Constitution or laws of
				  the State of Illinois.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.112 - Petition for Reconsideration or Stay of Administrative Action: Initiated by Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may at any time on his or her own initiative or
				  on the petition for reconsideration or stay of action of the respondent in any
				  contested case reconsider any matter or may at any time stay (including extend)
				  the effective date of any relevant action pending or following a decision on
				  any matter. A petition for reconsideration or stay of administrative action
				  shall be granted in accordance with Sections
				  1.126
				  and 128. The Director shall grant a stay or reconsider a decision on his or her
				  own initiative when justified by additional information or by changes in
				  circumstances that would warrant reconsideration or stay.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.114 - Petition for Reconsideration or Stay of Administrative Action: Initiated by Affected Party; Time Limit

Current through Register Vol. 48, No. 28, July 12, 2024
The respondent in any contested case may request
				  reconsideration of any part or all of the decision of the administrative law
				  judge on any petition or may request the Director to stay the effective date of
				  any administrative action for a specific period or for an indefinite period. A
				  petition for reconsideration or stay of action shall be submitted within 30
				  days after the date of the administrative law judge's decision on the case. A
				  petition for reconsideration or stay of action submitted later than 30 days
				  after the date of the decision involved shall be denied as
				  untimely.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.116 - Petition for Reconsideration: Format and Content

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for reconsideration shall be in the form and
				  contain the information requested as shown in Illustration B of this
				  Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.118 - Petition for Stay of Administrative Action: Format and Content

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for stay of administrative action shall be in the
				  form and contain the information stated in Section
				  1.116
				  of this Part, except that the title of the document shall be "Petition for Stay
				  of Administrative Action."
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.120 - Petition for Reconsideration: Based Upon Administrative Record

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for reconsideration shall be based upon the data,
				  information and views contained in the administrative record upon which the
				  administrative law judge made a decision.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.122 - Petition for Reconsideration or Stay of Administrative Action: Signing Petition, Legality, Date Considered Submitted, Computing Time Limits, and Receipt for Such Document

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of Sections
				  1.205,
				  1.235,
				  1.240,
				  1.245, and
				  1.250
				  of Subpart C of these rules shall apply to petitions for reconsideration or
				  stay of administrative action.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.124 - Petition for Reconsideration or Stay of Administrative Action: Director's Decision; Time Limit

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall review a petition for reconsideration or
				  stay of administrative action and within 90 days from the date of receipt of
				  such petition notify the petitioner in writing of his or her decision. The
				  Director's decision on the matter which was reconsidered or stayed shall be the
				  final administrative decision of the agency. The Director's decision shall be
				  based on the administrative record and made in accordance with Section 10-50 of
				  the Illinois Administrative Procedure Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.126 - Petition for Reconsideration: Criteria for Granting Petition

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall grant the petition for reconsideration if
				  he or she determines that all of the following apply:
a) The petition demonstrates that relevant
				data, information or views contained in the administrative record were not
				previously or not adequately considered by the administrative law
				judge.
b) The petitioner's position
				is not frivolous and is being pursued in good faith.
c) Granting the petition is not outweighed by
				a preponderance of the evidence.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.128 - Petition for Stay or Delay of Administrative Action: Criteria for Granting Petition

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall grant a stay or delay any administrative
				  action if:
a) The Director determines
				that a stay or delay is in the public interest. A stay would be in the public
				interest if the decision would be detrimental to the industry, outweighted by
				public health and safety consideration or if requests from the industry on the
				whole were received.
b) A court
				orders that the matter be stayed.
c) The delay resulting from the stay is not
				outweighed by other considerations or other public interests.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.200 - Petitions: Format

Current through Register Vol. 48, No. 28, July 12, 2024
A petition shall be in the form and contain the information
				  requested as shown in Illustration A.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.205 - Petitions: Signature and Content

Current through Register Vol. 48, No. 28, July 12, 2024
A petition shall be signed by the person making the
				  submission or by an attorney or other authorized representative on the
				  petitioner's behalf. All petitions constitute a representation that, to the
				  best of the knowledge, information and belief of the person making the
				  submission, all statements made in the petition are true and
				  accurate.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.210 - Petitions: Filing with Director

Current through Register Vol. 48, No. 28, July 12, 2024
A petition shall be filed with the Director and, upon
				  receipt, a docket number shall be assigned.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.215 - Petitions: Information - Full Content

Current through Register Vol. 48, No. 28, July 12, 2024
All data and information referred to or in any way relied
				  upon in any such petition shall be included in full and may not be incorporated
				  by reference, except:
a) if previously
				submitted as part of the administrative file in the same proceeding,
b) where the reference or source is:
1) a reported Federal or State of Illinois
				court case,
2) a Federal or State
				of Illinois law or regulation, or
3) a document that is available in a public
				library. The petitioner shall designate the library in which the document can
				be found.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.220 - Petitions: Denial

Current through Register Vol. 48, No. 28, July 12, 2024
If a petition fails to meet any requirements of this Subpart
				  and such deficiency becomes known to the Director, the petition shall be
				  returned with a copy of the applicable rules indicating those provisions not
				  complied with in the submission. Return of the petition will constitute a
				  denial of the petition.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.225 - Petitions: Written Comments on Petition Filed with Director

Current through Register Vol. 48, No. 28, July 12, 2024
All written comments, objections, notices, compilations of
				  data and information and any other documents in regard to a petition shall be
				  filed with the Director or with a duly authorized representative of the
				  Department, whichever the case may be.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.230 - Petitions: Amending, Supplementing or Withdrawing

Current through Register Vol. 48, No. 28, July 12, 2024
A petitioner may supplement or amend a petition without
				  agency approval and without prejudice at any time until the Director rules on
				  the petition or the petition has been referred for a hearing. The petitioner
				  shall make the request for withdrawal in writing to the Director. All requests
				  for withdrawal of a petition will be granted, but the withdrawal will be
				  subject to predjudice if the request is made after a ruling by the Director or
				  referral for hearing. Withdrawal subject to prejudice means that the petitioner
				  cannot resubmit a petition on the same issue or factual
				  basis.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.235 - Petitions: Legality

Current through Register Vol. 48, No. 28, July 12, 2024
The filing of a petition shall not mean or imply that it in
				  fact meets all applicable requirements or that it contains reasonable grounds
				  for the action requested or that the action requested is in accordance with
				  law.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.240 - Petitions: Considered Submitted

Current through Register Vol. 48, No. 28, July 12, 2024
Submissions shall be considered as submitted on the date on
				  which they are postmarked or, if delivered in person during regular business
				  hours, on the date on which they are so delivered. All such submissions shall
				  be mailed or delivered in person to the Director or to a duly authorized
				  representative of the Department, Illinois Department of Agriculture, State
				  Fairgrounds, P.O. Box 19281, Springfield, Illinois
				  62794-9281.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.245 - Computing Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
Saturdays, Sundays and legal holidays for the State of
				  Illinois shall be included in computing the time for any act in Subpart C of
				  this Part, except that when such time expires on a Saturday, Sunday or legal
				  holiday for the State of Illinois, such period shall be extended to include the
				  next following business day.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.250 - Receipt for Documents

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Department of Agriculture will not acknowledge
				  or give receipt for such documents, except on request.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.255 - Petitions: Director's Review and Ruling

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall review and rule upon every petition filed,
				  taking into consideration:
a) the
				agency's resources available to handle the subject matter,
b) the priority assigned to the petition in
				relation both to subject matter involved and the overall work of the agency,
				and
c) statutory
				requirements.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.260 - Petitions: Proceedings in Reviewing

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may utilize any of the following proceedings in
				  reviewing a petition in order to obtain data and information necessary to make
				  a decision on the petition:
a)
				Conferences, meetings and correspondence.
b) A formal evidentiary public hearing before
				the Director or his authorized representative.
c) A public hearing or meeting before a
				departmental advisory board or committee.
d) A public hearing before a statutorily
				established advisory board or committee.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.265 - Petitions: Agency's Responses; Time Limit

Current through Register Vol. 48, No. 28, July 12, 2024
The Director's response shall be furnished to each petitioner
				  in writing within 30 days of the receipt of the petition and shall state the
				  reasons for the action taken. Such response shall either:
a) approve the petition, in whole or in
				part,
b) deny the
				petition,
c) provide a tentative
				response indicating why the agency has been unable to reach a decision on the
				petition, or
d) initiate
				administrative proceedings in regard to the petition.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.270 - Public Hearing on Petition: Who May Testify

Current through Register Vol. 48, No. 28, July 12, 2024
At any public hearing, the petitioner may invite affected
				  persons to attend and testify in regard to the petition. The Department may
				  also invite interested persons to testify or to submit written comments on the
				  petition. Such comments shall be signed by the person making the submission or
				  by an attorney or other authorized representative on the person's
				  behalf.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.275 - Public Hearing on Petition: Procedure for Conducting the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or the administrative law judge shall state at
				  the beginning of the hearing the manner in which the hearing will be conducted,
				  time limits for testifying and any other procedures for conducting the hearing.
				  Procedures and time limits vary according to the number of people wishing to
				  testify, the time the hearing starts, weather conditions and other commitments
				  of Department personnel.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.280 - Public Hearing on Petition: Registration of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
Any person requesting time to make an oral presentation on
				  any petition at any public hearing must register prior to the beginning of the
				  hearing. Persons will be called to testify in the order of registration, unless
				  the administrative law judge determines otherwise in accordance with procedures
				  set forth in Section
				  1.275
				  of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.285 - Person Representing Organization, Association or Another Person

Current through Register Vol. 48, No. 28, July 12, 2024
A person may represent an association, organization or other
				  group or an individual who is unable to attend. The Director or administrative
				  law judge shall request such person to present proof indicating he is
				  authorized to represent the association, organization or another individual
				  when not familiar with the person. Acceptable proof means a letter, affidavit
				  or verbal verification from an officer of the organization or person being
				  represented.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.290 - Alternative Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may propose alternative proposals in order to
				  obtain comments on different proposals.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.295 - Decision Based Upon Record

Current through Register Vol. 48, No. 28, July 12, 2024
The Director's decision on any petition shall be based upon
				  the administrative record.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.300 - Decision on Petition: Time Limit

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall make a decision within 30 days following a
				  public hearing or meeting on the petition or within 30 days from receipt of the
				  petition, whichever is later. The agency shall notify the petitioner of the
				  Director's decision in writing. The Director's decision shall be the final
				  decision of the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.305 - Petitioner's Rights to a Private Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
A petitioner has the right to a private meeting or conference
				  with representatives of the Department in regard to a petition on request. The
				  Director shall determine which representatives of the Department shall attend
				  such meeting. The person requesting the meeting may request but not require the
				  attendance of any Department employee. A petitioner may invite other affected
				  persons to participate fully in the meeting or conference without giving prior
				  notice to the Department. Such meeting shall be conducted informally; however,
				  the Department shall record the minutes of the meeting or conference
				  stenographically or by such other means as to adequately insure the
				  preservation of the minutes for the Department's administrative
				  file.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.310 - Petition for Reconsideration or Stay of Administrative Action: Initiated by Department or Departmental Advisory Board (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.315 - Petition for Reconsideration or Stay of Administrative Action: Initiated by Interested Person; Time Limit (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.330 - Petition for Reconsideration: Based Upon Administrative Record (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.335 - Petition for Reconsideration or Stay of Administrative Action: Signing Petition, Legality, Date Considered Submitted, Computing Time Limits, and Receipt for Such Document (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.340 - Petition for Reconsideration or Stay of Administrative Action: Director's Decision; Time Limit (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.345 - Petition for Reconsideration: Criteria for Granting Petition (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart C - PETITIONS › Section 1.350 - Petition for Stay or Delay of Administrative Action: Criteria for Granting Petition (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart D - DECLARATORY RULINGS › Section 1.410 - Request for An Advisory Opinion; Format and Content, Date Considered Received, and Receipt (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart D - DECLARATORY RULINGS › Section 1.420 - Criteria for Denying Request for An Advisory Opinion (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart D - DECLARATORY RULINGS › Section 1.430 - Amending or Revoking an Advisory Opinion (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart D - DECLARATORY RULINGS › Section 1.440 - Action Taken In Conformity with An Advisory Opinion; Acceptability By Department (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart D - DECLARATORY RULINGS › Section 1.445 - Advice by Employee of Department; Informal Communication (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart E - AVAILABILITY FOR PUBLIC DISCLOSURE OF DEPARTMENT OF AGRICULTURE FILES › Section 1.500 - Availability of Information Contained in Department Records for Inspection and/or Copying; Procedure to be Followed

Current through Register Vol. 48, No. 28, July 12, 2024
Information contained in public records maintained by the
				  Department of Agriculture shall be available for inspection and/or copying by
				  the public unless exempted from such inspection and/or copying in accordance
				  with the provisions of the Freedom of Information Act ( Ill. Rev. Stat. 1991,
				  ch. 116, par. 201 et seq.) and the rules adopted pursuant thereto (2 Ill. Adm.
				  Code 701: Subpart B). When a person desires to inspect and/or obtain a copy of
				  public records of the Department, the procedure to be followed shall be as set
				  forth in the Freedom of Information Act and the rules adopted pursuant
				  thereto.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart E - AVAILABILITY FOR PUBLIC DISCLOSURE OF DEPARTMENT OF AGRICULTURE FILES › Section 1.505 - Request for Access to Confidential File (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart E - AVAILABILITY FOR PUBLIC DISCLOSURE OF DEPARTMENT OF AGRICULTURE FILES › ILLUSTRATION A - Petition

Current through Register Vol. 48, No. 28, July 12, 2024
(DATE)
Director
Department of Agriculture
State Fairgrounds
Springfield, Illinois 62706
PETITION
The undersigned submits this petition pursuant to (relevant
				  statutory reference, if known) to request the Director of Agriculture to
				  (amend, issue, or revoke a regulation or take or refrain from taking any other
				  form of administrative action).
A)
				Action Requested.
1) If the petition requests
				the Director to issue, amend or revoke a rule or regulation, the exact wording
				of the proposed regulation or amendment requested.
2) If the petition requests the Director to
				take or refrain from taking any other form of administrative action, the
				specific action or relief requested.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart E - AVAILABILITY FOR PUBLIC DISCLOSURE OF DEPARTMENT OF AGRICULTURE FILES › ILLUSTRATION B - Petition For Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
(DATE)
Director
Department of Agriculture
State Fairgrounds
Springfield, Illinois 62706
PETITION FOR RECONSIDERATION
DOCKET NO.
The undersigned submits this petition for reconsideration of
				  the decision of the administrative law judge.
A) Decision Involved. (A concise statement of
				the decision of the administrative law judge which the petitioner wishes to
				have reconsidered.)
B) Action
				Requested. (The decision which the petitioner requests the Director to make
				upon reconsideration of the matter.)
C) Statement of Grounds. (A full statement of
				the factual and legal grounds upon which the petitioner relies. Such grounds
				shall demonstrate that relevant data, information and views contained in the
				administrative record were not previously or not adequately considered by the
				administrative law judge.)
Very truly yours,
(Signature)
(Complete Mailing Address)
(Telephone Number)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.10 - Bonding

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the Acts listed in Section 40.23 of the Civil
				  Administrative Code of Illinois [20 ILCS 205/40.23 ] and the rules promulgated
				  for the administration of such Acts, certain license holders or registrants are
				  required to post a Surety Bond being a commercial Surety Bond or pledge other
				  security for the purpose of providing a fund to satisfy certain specific
				  creditors in the event of a failure. The Surety Bond shall be executed on forms
				  supplied by the Department. Every bond shall be signed by the
				  licensee/registrant in the same manner as the application for
				  license/registration, acknowledged before a notary public, and if the
				  application is a corporation, the corporate seal shall be affixed
				  thereto.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.20 - Investigation by Trustee

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				there is a failure of a licensee/registrant for which a Surety Bond has been
				posted, the Trustee shall conduct an investigation to accumulate claims and
				documents as may be available to support claims against the Surety Bond. At the
				same time as public notice is given in the newspaper, the Trustee shall give
				notice by certified or registered mail to the Surety posting the bond of the
				possibility that claims may be forthcoming against the bond. Within the first
				two weeks of its investigation, the Department of Agriculture shall place at
				least 3 notices in a newspaper in the business' licensed location informing
				persons with claims to submit them to the Department.
b) When a failure occurs, the Department of
				Agriculture shall give a written order of suspension in accordance with the
				provisions of the licensing/registration Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.30 - Valid Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Claims to be valid against a Surety Bond held by the Trustee shall be defined
				as bona fide obligations covered by enabling statute and/or Section 40.23 of
				the Civil Administrative Code of Illinois which are filed by claimants within
				the statute of claims limitation as established by the enabling statute, if one
				prevails, or the Mechanics Lien Act [770 ILCS 60 ], or 30 days from the date
				the business is closed, whichever is less.
b) The closing date of a business shall be
				the date the business failed.
c)
				All claims determined as being valid claims by the Illinois Department of
				Agriculture shall be considered as valid claims for the purposes of filing a
				claim against the surety bond pledged.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.40 - Hearing to Verify Claimants and Claim Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
The Trustee shall give at least a 10-day notice by registered
				  or certified mail to the Surety posting the bond, the licensee/registrant, as
				  well as to all known claimants, advising them of the date, time and place of
				  the administrative hearing. A hearing to receive claims not previously
				  submitted to the Trustee and to verify claimants and their amount shall be held
				  by the Trustee in accordance with Section
				  3.60 of
				  this Part. Notice of the date, time and place of the hearing shall be published
				  in the official state newspaper and once in a newspaper in the business'
				  licensed location. In the event that the surety fails to object to any of the
				  valid claims (8 Ill. Adm. Code
				  1.114
				  ), the surety shall pay within 35 days from the date of the hearing officer's
				  decision, to the Director of the Illinois Department of Agriculture, as
				  Trustee, the amount of the surety bond ordered to be paid to the Director of
				  the Illinois Department of Agriculture, as Trustee, for the purpose of paying
				  the valid claims. When requested, the Trustee will provide a breakdown on how
				  the trust account was distributed. The final administrative decision (see 8
				  Ill. Adm. Code
				  1.77(f)
				  and
				  1.124
				  ) shall be subject to judicial review in accordance with the Administrative
				  Review Law [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.50 - Trust Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Agriculture shall establish and deposit
				  funds received from a liquidated bond into an interest-bearing trust account in
				  a federally insured financial institution until payment to claimants is made.
				  The funds in a trust account shall be paid to claimants with valid claims by
				  check written by the Department. An accounting of the funds which are deposited
				  in the trust account shall be maintained by the Department on a separate
				  accounting record for each trust account, identifiable as to the source of such
				  funds, and any accrued interest shall be prorated among the identified funds in
				  amounts equal to the same percentage as each identified fund is to the total of
				  the trust account. Accrued interest from funds in a trust account shall be
				  available for payment of valid claims. In determining the type of account in
				  which to deposit bond proceeds, the Department shall consider interest rates,
				  the anticipated period of time before payment to claimants with valid claims
				  will be made, maturity dates, and any other factors which could affect the
				  maximization of funds for the benefit of claimants. Reports shall be made to
				  the Comptroller of funds held in such accounts in accordance with Section 16 of
				  the State Comptroller Act [15 ILCS
				  405/16 ].
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 3 - DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF CLAIMANTS › Subpart A - PROCEDURE FOR THE COLLECTION, CONTROL AND DISTRIBUTION OF SURETY BONDS RECEIVED BY THE DIRECTOR OF THE ILLINOIS DEPARTMENT OF AGRICULTURE ACTING AS TRUSTEE ON BEHALF OF THE CLAIMANTS › Section 3.60 - Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Administrative hearings held by the Department are governed
				  by the procedures established in the Illinois Administrative Procedure Act [5
				  ILCS 100 ] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which
				  pertain to administrative proceedings, contested cases, petitions and
				  availability of Department of Agriculture files for public disclosure. All
				  decisions and actions of the Department of Agriculture are subject to the
				  Illinois Administrative Procedure Act and the Department's Administrative
				  Rules.