Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.7 - Bond Forfeiture Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Time
			 for request. After receipt of bond forfeiture notification in accordance with
			 62 Ill. Adm. Code
			 1800.50(a)(1),
			 the permittee may request a hearing. The hearing must be requested within
			 fifteen (15) days after the permittee's receipt of bond forfeiture
			 notification. If the permittee does not request a hearing within fifteen (15)
			 days after receipt of the bond forfeiture notification, the Department shall
			 issue a final administrative decision ordering forfeiture. The Department's
			 final administrative decision ordering bond forfeiture shall be transmitted to
			 the Attorney General for collection at the expiration of the time to perfect
			 administrative review pursuant to subsection (1).
b) Bond forfeiture hearings shall be held at
			 the Department's Springfield, Illinois office.
c) Any party to the hearing may request that
			 a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code
			 1848.7.
d) Notice of hearing. All parties shall be
			 given written notice of the hearing in accordance with 62 Ill. Adm. Code
			 1848.5 at least
			 five (5) working days prior thereto. Notice of the hearing shall also be posted
			 at the Department's offices.
e)
			 Settlement agreement. If a settlement agreement is entered into at any stage of
			 the hearing process, the person to whom the bond forfeiture notification was
			 issued will be deemed to have waived all right to further review of the bond
			 forfeiture notification, except as otherwise expressly provided for in the
			 settlement agreement. The settlement agreement shall contain a waiver clause to
			 this effect.
f) Summary
			 disposition. Where the person to whom the bond forfeiture notification was
			 issued fails to appear at the hearing, that person will be deemed to have
			 waived his right to a hearing and the hearing officer may assume the truth of
			 any facts alleged in the bond forfeiture notification.
g) Burden of proof. In bond forfeiture
			 proceedings the Department shall have the burden of going forward to establish
			 a prima facie case for bond forfeiture. The ultimate burden of persuasion that
			 the bond should not be forfeited shall rest with the permittee.
h) Record of hearing. A complete record of
			 the hearing and all testimony shall be made by the Department and recorded
			 stenographically. Such record shall be maintained and shall be available to the
			 public until at least sixty (60) days after the final decision referred to in
			 subsection (k) is issued.
i) Within
			 thirty (30) days after the close of the record for the bond forfeiture hearing,
			 the hearing officer shall issue and serve, by certified mail, each party who
			 participated in the hearing with a proposed decision consisting of proposed
			 written findings of fact, conclusions of law and an order adjudicating the bond
			 forfeiture determination.
j) Within
			 ten (10) days after service of the hearing officer's proposed decision, each
			 party to the hearing may file with the hearing officer written exceptions to
			 the hearing officer's proposed decision, stating how and why such decision
			 should be modified or vacated. All parties shall have ten (10) days after
			 service of written exceptions to file a response thereto with the hearing
			 officer. Failure to file written exceptions or a response thereto is not a
			 failure to exhaust administrative remedies and does not affect a party's right
			 to judicial review.
k) If no
			 written exceptions are filed, the hearing officer's proposed decision shall
			 become final ten (10) days after service of such decision. If written
			 exceptions are filed, the hearing officer shall within fifteen (15) days
			 following the time for filing a response thereto either issue his final
			 administrative decision affirming or modifying his proposed decision, or shall
			 vacate the decision and remand the proceeding for rehearing.
l) The Department's final administrative
			 decision may be appealed in accordance with the Administrative Review Law [735
			 ILCS 5 /Art. III].