Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.190 - Temporary Relief Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pending the holding of a hearing in accordance with Sections
				240.185
				and
				240.180
				relating to a cessation order issued under Section 240.185, the person or
				permittee affected by the Department's action may file a written request for
				temporary relief from the cessation order, together with a detailed statement
				giving reasons for granting such relief
.
The person or
				permittee shall serve the request for temporary relief within 14 days after
				service of the cessation order.
b)
				The Department shall commence a hearing within 5 working days after receipt of
				a timely request for temporary relief and may grant that relief, under such
				conditions as it may prescribe, if the person or permittee requesting temporary
				relief shows a substantial likelihood that the findings of the Department will
				be favorable to him or her and the relief will not adversely affect the health
				or safety of the public or cause significant environmental harm or significant
				damage to property.
c) All hearings
				under this Section shall be conducted in accordance with Article 10 of the
				Illinois Administrative Procedure Act [ 5 ILCS 100 ]. All hearings under this
				Section shall be conducted in the Department's offices located in Springfield,
				Illinois. However, the Department may conduct a hearing under this Section at a
				site located closer than Springfield to the production and/or
				injection/disposal well identified in the Director's decision being contested
				if facilities are available and convenient, as determined by the
				Department.
d) All hearings
				conducted under this Section are open to the public and are held in compliance
				with the Americans With Disabilities Act of 1990. The hearings will be held at
				locations ordered by the Hearing Officer. The Hearing Officer will select
				hearing locations that comply with any geographic requirements imposed by
				applicable law and, to the extent feasible, promote the convenience of the
				parties and the conservation of the Department's resources. All hearings are
				subject to cancellation without notice. Any rescheduled hearing shall comply
				with this Subpart A. Interested persons may contact the Department or the
				Hearing Officer for information about the hearing. Parties, participants and
				members of the public must conduct themselves with decorum at the
				hearing.
e) Upon the motion of any
				party, the Hearing Officer may order that a hearing be held by telephone
				conference, video conference or other electronic means. In deciding whether a
				hearing should be held by telephone conference, video conference or other
				electronic means, factors that the Hearing Officer shall consider include
				cost-effectiveness, efficiency, facility accommodations, witness availability,
				public interest, the parties' preferences, and the proceeding's complexity and
				contentiousness.
f) At the hearing,
				the permittee shall have the burden of proving that temporary relief from the
				cessation order will not adversely affect the health or safety of the public or
				cause environmental harm or significant damage to property. The Hearing Officer
				shall conduct the hearing, hear the evidence and, at the conclusion of the
				hearing, render findings of fact, conclusions of law and the disposition of the
				case.
g) The Hearing Officer shall
				issue a final administrative decision granting or denying temporary relief from
				the cessation order within 7 days after the close of the administrative record,
				pursuant to Section 10 of the Act. Temporary relief shall not extend for more
				than 90 days, after which the cessation order shall be reinstated pending the
				outcome of the cessation order and pending a resolution of the violations of
				the Act specified in the cessation order.