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Illinois Administrative Code › Title 62 - MINING › Part 1843 - STATE ENFORCEMENT › Section 1843.23 - Enforcement Actions at Abandoned Sites

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may refrain from issuing a notice of violation
				or cessation order for a violation at an abandoned site, as defined in 62 Ill.
				Adm. Code
				1840.11(g),
				if abatement of the violation is required under any previously issued notice or
				order.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part covers the assessment of civil penalties under
				Section 8.04 of the Surface Coal Mining Land Conservation and Reclamation Act
				(Ill. Rev. Stat. 1985, ch. 961/2, pars. 7901.01 et seq.) (the State Act) with
				respect to cessation orders and notices of violation issued pursuant to 62 Ill.
				Adm. Code 1843.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.11 - How Assessments are Made

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Department of Natural Resources (Department) shall
				review each notice of violation and cessation order in accordance with the
				provisions set forth in Sections
				1845.12
				through
				1845.17
				to determine whether a civil penalty will be assessed, the amount of the
				penalty, and whether each day of a continuing violation will be deemed a
				separate violation for purposes of penalty assessment.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.12 - When Penalty Will be Assessed

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall assess a penalty for each cessation order.
b) The Department shall assess a penalty for
			 a notice of violation if an assessment of one thousand, one hundred dollars
			 ($1,100.00 ) or more is derived in accordance with Section
			 1845.13.
c) Except as provided in subsection (d)
			 below, a penalty shall not be assessed for a notice of violation if an
			 assessment of less than $1,100 is derived in accordance with Section
			 1845.13.
d) If the assessment for a
			 notice of violation is below $1,100, the Department shall take into account the
			 factors set forth in Section
			 1845.13
			 in determining whether to assess the penalty. If it is the permittee's second
			 or more related violation within a twelve (12) month period, a penalty shall be
			 assessed.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.13 - Factors to be Considered in Assessing Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall take into account the
			 factors contained in subsection (b) to determine the amount of the penalty, and
			 except violations cited in a cessation order issued under 62 Ill. Adm. Code
			 1843, whether a penalty should be assessed as provided in Section
			 1845.12(b).
b) The factors to be considered are:
1) History of previous violations. The
			 Department shall assign up to $1,000 based on the permittee's history of
			 previous violations. $20 shall be assigned for each past violation contained in
			 a notice of violation. $100 shall be assigned for each violation contained in a
			 cessation order. The history of previous violations, for the purpose of
			 assigning dollar amounts, shall be determined with respect to a particular coal
			 exploration or surface coal mining operation. Amounts shall be assigned as
			 follows:
A) A violation shall not be counted,
			 if the notice or order is the subject of pending administrative or judicial
			 review or if the time to request such review or to appeal any administrative or
			 judicial decision has not expired, and thereafter it shall be counted for only
			 one year;
B) No violation for which
			 the notice or order has been vacated shall be counted; and
C) Each violation shall be counted without
			 regard to whether it led to a civil penalty assessment.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.15 - Assessment of Separate Civil Penalties for Each Day

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may assess separately a
			 civil penalty for each day from the date of issuance of the notice of violation
			 or cessation order to the date set for abatement of the violation. In
			 determining whether to make such an assessment, the Department shall consider
			 the factors listed in Section
			 1845.13
			 and may consider the extent to which the person to whom the notice or order was
			 issued gained any economic benefit as a result of a failure to
			 comply.
b) In addition to the civil
			 penalty provided for in subsection (a), whenever a violation contained in a
			 notice of violation or cessation order has not been abated within the abatement
			 period set in the notice or order or as subsequently extended pursuant to 62
			 Ill. Adm. Code
			 1843.12, a
			 civil penalty of not less than seven hundred and fifty dollars ($750) shall be
			 assessed for each day during which such failure to abate continues. Exception:
			 if the person to whom the notice or order was issued initiates review
			 proceedings under Section 8.10 of the State Act with respect to the violation,
			 in which the obligations to abate are suspended by the court, the daily
			 assessment of a penalty shall not be made for any period before entry of a
			 final order by the court.
c) Such
			 penalty for the failure to abate a violation shall not be assessed for more
			 than thirty (30) days for each such violation. If the permittee has not abated
			 the violation within the thirty (30) day period, the Department shall take
			 appropriate action pursuant to Sections 8.04(e), 8.04(f), 8.06(d), or 8.08 of
			 the State Act within thirty (30) days to ensure that abatement occurs or to
			 ensure that there will not be a reoccurrence of the failure to abate.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.17 - Procedures for Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within fifteen (15) days of service of a
			 notice or order, the person to whom it was issued may submit written
			 information about the violation to the Department. The Department shall
			 consider any information so submitted in determining the facts surrounding the
			 violation and the amount of the penalty.
b) The Department shall serve a copy of the
			 proposed assessment and of the worksheet showing the computation of the
			 proposed assessment on the person to whom the notice or order was issued, by
			 certified mail, or by any alternative means consistent with the rules governing
			 service of a summons and complaint in the Illinois Circuit Courts, within
			 thirty (30) days of issuance of the notice or order.
1) If the mail is tendered at the address of
			 that person set forth in the sign required under 62 Ill. Adm. Code
			 1816.11 or
			 1817.11, or at
			 any address at which that person is in fact located, and he or she refuses to
			 accept delivery of or to collect such mail, the requirements of subsection (b)
			 shall be deemed to have been complied with upon such tender.
2) Failure by the Department to serve a
			 proposed assessment within thirty (30) days shall not be grounds for dismissal
			 of all or part of such assessment unless the person against whom the proposed
			 penalty has been assessed:
A) Proves actual
			 prejudice as a result of the delay; and
B) Makes a timely objection to the delay. An
			 objection shall be timely only if made in the normal course of a request for
			 hearing made pursuant to 62 Ill. Adm. Code
			 1847.5
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.18 - Payment of Assessment; Hearing Request Deadline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within thirty (30) days after receipt of
			 the proposed penalty assessment, the person for whom the proposed penalty was
			 assessed shall either:
1) pay the proposed
			 penalty assessment to the Department; or
2) if the person wishes to contest either the
			 amount of the penalty or the fact of the violation, forward the proposed
			 penalty assessment to the Department, for placement in escrow, together with a
			 request for hearing pursuant to 62 Ill. Adm. Code
			 1847.5.
Illinois Administrative Code › Title 62 - MINING › Part 1845 - CIVIL PENALTIES › Section 1845.20 - Final Assessment and Payment of Penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the person to whom a notice of
			 violation or cessation order is issued fails to request a hearing as provided
			 in 62 Ill. Adm. Code
			 1847.5,
			 the proposed assessment shall become a final administrative decision of the
			 Department and the penalty assessed shall become due and payable upon
			 expiration of the time allowed to request a hearing.
b) If the person to whom a notice of
			 violation or cessation order is issued, or any other party, requests judicial
			 review of a final order of the Department, the proposed penalty paid in
			 accordance with Section
			 1845.18(a)
			 shall continue to be held in escrow until completion of the review. Absent a
			 request for judicial review, the escrowed funds shall be transferred to the
			 Department in payment of the penalty.
c) Civil penalties owed under Section
			 1845.20
			 may be recovered by the Department in a civil action.
d) If the review results in an order
			 increasing the penalty, the person to whom the notice or order was issued shall
			 pay the difference to the Department within fifteen (15) days after the order
			 is mailed to such person.
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part covers the Illinois Department of Natural Resources
				(Department) assessment of individual civil penalties under Section 8.04(f) of
				the Surface Coal Mining Land Conversation and Reclamation Act (State Act)
				[225 ILCS
				720/8.04(f) ].
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part:
a) Knowingly means that an individual knew or
			 had reason to know in authorizing, ordering or carrying out an act or omission
			 on the part of a corporate permittee that such act or omission constituted a
			 violation, failure or refusal.
b)
			 Violation, failure or refusal means -
1) A
			 violation of a condition of a permit issued pursuant to Section 2.01 of the
			 State Act (Ill. Rev. Stat. 1987, ch. 961/2, par. 7902.01 ); or
2) A failure or refusal to comply with any
			 order issued under Section 8.06 of the State Act (Ill. Rev. Stat. 1987, ch.
			 961/2, par. 7908.06 ), or any order incorporated in a final decision issued by
			 the Department under the State Act, except an order incorporated in a decision
			 issued under Section 8.06(b) of the State Act (Ill. Rev. Stat. 1987, ch 961/2,
			 par. 7908.06(b) ).
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.12 - When an individual civil penalty may be assessed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b), the
			 Department may assess an individual civil penalty against any corporate
			 director, officer or agent of a corporate permittee who knowingly and willfully
			 authorized, ordered or carried out a violation, failure or refusal.
b) The Department shall not assess an
			 individual civil penalty in situations resulting from a permit violation by a
			 corporate permittee until a cessation order has been issued by the Department
			 to the corporate permittee for the violation, and the cessation order has
			 remained unabated for 30 days.
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.14 - Amount of individual civil penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a) In determining the amount of an individual
			 civil penalty assessed under Section
			 1846.12,
			 the Department shall consider the criteria specified in Section 8.04(a) of the
			 State Act including:
1) The individual's
			 history of authorizing, ordering or carrying out previous violations, failures
			 or refusals at the particular surface coal mining operation;
2) The seriousness of the violation, failure,
			 or refusal (as indicated by the extent of damage and/or the cost of
			 reclamation), including any irreparable harm to the environment and any hazard
			 to the health or safety of the public; and
3) The determined good faith of the
			 individual charged in attempting to achieve rapid compliance after notice of
			 the violation, failure or refusal.
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.17 - Procedure for assessment of individual civil penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice. The Department shall service on
			 each individual to be assessed an individual civil penalty a notice of proposed
			 individual civil penalty assessment, including a narrative explanation of the
			 reasons for the penalty, the amount to be assessed, and a copy of any
			 underlying notice of violation and cessation order.
b) Final order and opportunity for review.
			 The notice of proposed individual civil penalty assessment shall become a final
			 administrative decision of the Department 30 days after service upon the
			 individual unless:
1) The individual files,
			 within 30 days after service of the notice of proposed individual civil penalty
			 assessment, a petition for review with the Department's Springfield office, in
			 accordance with 62 Ill. Adm. Code
			 1847.8;
			 or
2) The Department and the
			 individual or responsible corporate permittee agree within 30 days after
			 service of the notice of proposed individual civil penalty assessment to a
			 schedule or plan for the abatement or correction of the violation, failure or
			 refusal.
Illinois Administrative Code › Title 62 - MINING › Part 1846 - INDIVIDUAL CIVIL PENALTIES › Section 1846.18 - Payment of penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a) No abatement
			 or appeal. If a notice of proposed individual civil penalty assessment becomes
			 a final administrative decision in the absence of a petition for review or
			 abatement agreement, the penalty shall be due upon issuance of the Department's
			 decision.
b) Appeal. If an
			 individual named in a notice of proposed individual civil penalty assessment
			 files a petition for review in accordance with 62 Ill. Adm. Code
			 1847.8,
			 the penalty shall be due upon issuance of a final administrative decision
			 affirming, increasing or decreasing the proposed penalty.
c) Abatement agreement. Where the Department
			 and the corporate permittee or individual have agreed in writing on a plan for
			 the abatement of or compliance with the unabated order, an individual named in
			 a notice of proposed individual civil penalty assessment may postpone payment
			 until receiving either a final administrative decision from the Department
			 stating that the penalty is due on the date of such final administrative
			 decision, or written notice that abatement or compliance is satisfactory and
			 the penalty has been withdrawn.
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.1 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Proceedings under this Part are subject to the general rules
				relating to procedure and practice at 62 Ill. Adm. Code 1848 and to Article 10
				of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,
				pars. 1010-5 et seq., including P.A. 87-823, effective July 1, 1992) [5 ILCS
				100/10 ].
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.3 - Permit and Related Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days after an applicant is
			 mailed written notice of the Department's final decision concerning an
			 application for approval of exploration required under 62 Ill. Adm. Code 1772,
			 a permit for surface coal mining and reclamation operations, a permit revision,
			 a permit renewal, a permit rescission or a transfer, assignment, or sale of
			 permit rights, the applicant, or any person with an interest which is or may be
			 adversely affected, may file a written request for a hearing to contest the
			 decision. The procedures outlined in this Section apply to conflict of interest
			 hearings requested under 62 Ill. Adm. Code
			 1705.21,
			 review of valid existing right determinations under 62 Ill. Adm. Code
			 1761.12(g),
			 review of exemption determinations under 62 Ill. Adm. Code
			 1702.11(f)
			 and
			 1702.17(c)(2),
			 formal review of decisions not to inspect or enforce under 62 Ill. Adm. Code
			 1840.17,
			 review of a permit issued pursuant to 62 Ill. Adm. Code
			 1785.23,
			 review of bond release decisions under Section
			 1847.9(i)
			 of this Part and review of bond adjustment determinations under 62 Ill. Adm.
			 Code
			 1800.15. Failure
			 to file a request for hearing within this 30 day time period shall result in a
			 waiver of the right to such hearing; requests for hearing filed after the
			 expiration of the 30 day time period shall be dismissed on motion of the
			 Department in accordance with 62 Ill. Adm. Code
			 1848.12. A request for
			 hearing is deemed filed the day it is received by the Department.
b) The hearing request shall state:
1) The petitioner's name and
			 address;
2) A clear statement of
			 the facts entitling the petitioner to relief, including the petitioner's
			 interests which is or may be adversely affected by the Department's final
			 decision;
3) How the Department's
			 final decision may or will adversely affect the interests specified;
4) An explanation of each specific alleged
			 error in the Department's final decision, including reference to the statutory
			 and/or regulatory provisions allegedly violated;
5) The specific relief sought from the
			 Department; and
6) Any other
			 relevant information.
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.4 - Citation Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 person issued a notice of violation or cessation order under 62 Ill. Adm. Code
			 1843.11 or
			 1843.12, or
			 a person having an interest which is or may be adversely affected by the
			 issuance, modification, vacation, or termination of a notice of violation or
			 cessation order, may request review of that action by filing a request for
			 hearing within thirty (30) days after receiving notice of the action. No
			 extension of time will be granted for filing a request for hearing.
b) Failure to file a request for hearing in
			 accordance with subsection (a) shall not preclude challenging the fact of
			 violation during a civil penalty review proceeding pursuant to 62 Ill. Adm.
			 Code
			 1847.5.
c) If a hearing has been requested and a
			 civil penalty is subsequently assessed for the notice of violation or cessation
			 order for which the hearing was requested, the proposed penalty assessment must
			 be forwarded to the Department, in accordance with Section
			 1847.5(c),
			 within thirty (30) days after receipt of the proposed assessment, for placement
			 in escrow, in order to continue the review proceedings. Failure to forward the
			 money to the Department within thirty (30) days after receipt of the proposed
			 penalty assessment shall result in a waiver of all legal rights to contest both
			 the fact of the violation and the amount of the penalty; requests for hearing
			 filed after the expiration of the thirty (30) day time period shall be
			 dismissed on motion of the Department in accordance with 62 Ill. Adm. Code
			 1848.12.
d) Contents of request. The hearing request
			 shall include:
1) A statement of facts
			 entitling the person to relief;
2)
			 A statement indicating the reasons why the fact of the violation is being
			 contested;
3) A statement of the
			 specific relief requested; and
4)
			 Any other relevant information.
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.5 - Civil Penalty Assessment Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Within thirty (30) days after receipt of a proposed civil penalty assessment,
			 the person against whom the proposed penalty was assessed may request a hearing
			 to contest the fact of the violation or the proposed penalty by filing a
			 written request for hearing.
b) The
			 request for hearing shall include:
1) A short
			 and plain statement indicating the reasons why either the amount of the penalty
			 or the fact of the violation is being contested;
2) Identification by number of all violations
			 being contested; and
3) The
			 identifying number of the cashier's check, certified check, bank draft,
			 personal check, or bank money order accompanying the hearing request.
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.6 - Show Cause Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Whenever a show cause order is issued under 62 Ill. Adm. Code
			 1843.13,
			 the permittee shall have thirty (30) days from the completion of service of the
			 show cause order in which to file an answer and request a hearing.
b) Contents of answer. The permittee's answer
			 to a show cause order shall contain a statement setting forth:
1) A detailed explanation as to why a pattern
			 of violations does not exist or has not existed, including all reasons for
			 contesting:
A) The fact of any of the
			 violations alleged by the Department as constituting a pattern of
			 violations;
B) The willfulness of
			 such violations; or
C) Whether such
			 violations were caused by the unwarranted failure of the permittee;
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.8 - Individual Civil Penalty Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope. These regulations govern
			 administrative review of proposed individual civil penalty assessments under
			 Section 8.04(f) of the State Act against a director, officer or agent of a
			 corporation. An individual served a notice of proposed individual civil penalty
			 assessment under 62 Ill. Adm. Code 1846 may file a petition for review with the
			 Department in accordance with this Section.
b) Time for filing.
1) A petition for review of a notice of
			 proposed individual civil penalty assessment must be filed within thirty (30)
			 days of its service on the individual.
2) No extension of time will be granted for
			 filing a petition for review of a notice of proposed individual civil penalty
			 assessment. Failure to file a petition for review within the time period
			 provided in subsection (b)(1) shall be deemed an admission of liability by the
			 individual and the notice of proposed assessment shall become a final
			 administrative decision of the Department.
Illinois Administrative Code › Title 62 - MINING › Part 1847 - ADMINISTRATIVE AND JUDICIAL REVIEW › Section 1847.9 - Bond Release Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 hearing requested pursuant to 62 Ill. Adm. Code
			 1800.40(d)
			 shall be held within 30 days after receipt of the request for
			 hearing.
b) Bond release public
			 hearings shall be held in the locality of the surface coal mining operation
			 from which bond release is sought, at the location of the Department's office,
			 or at the State capital, at the option of the objector.
c) Notice of hearing. All parties shall be
			 given written notice of the hearing at least 5 working days prior to the
			 hearing. The Department shall advertise the date, time and location of the
			 hearing in a newspaper of general circulation in the locality of the surface
			 coal mining operation for 2 consecutive weeks.
d) The Department shall appoint a hearing
			 officer to conduct the hearing. The hearing officer shall be a licensed
			 attorney or an employee of the Department. The hearing officer shall conduct a
			 fair hearing and shall take all necessary action to avoid delay, to maintain
			 order, and to develop a clear and complete record. He or she shall have all
			 powers necessary to these ends, including but not limited to the power to
			 change the time and place of the hearing and adjourn the hearing from time to
			 time or from place to place within the county of the surface coal mining and
			 reclamation operation and to give due notice of that action consistent with the
			 notice requirement of subsection (c).
e) The hearing shall be informal.
1) All participants in the public hearing
			 shall have the right to be represented by counsel or by some other authorized
			 representative.
2) The hearing
			 officer shall allow the applicant and any interested persons to present data,
			 views or arguments relevant to the bond release application.
3) Where necessary in order to prevent undue
			 prolongation of the hearing, the hearing officer shall establish a time period
			 during which the participants shall be heard. Every effort will be made to
			 allow all persons who wish to make a statement to do so.
4) A verbatim transcript of the hearing shall
			 be maintained by a court reporter appointed by the Department and shall
			 constitute a part of the record. Copies of the transcript shall be furnished,
			 at cost, upon request to the court reporter. The record shall be maintained by
			 the Department and shall be accessible to the public at the Department's
			 Springfield Office until final release of the applicant's reclamation
			 performance bond.
5) The record
			 shall remain open for additional written statements responsive to statements or
			 other documents for 10 days following the close of the hearing, or for such
			 other reasonable time as the hearing officer may direct.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.1 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the
			 interest of establishing and maintaining uniformity to the extent feasible,
			 this Part sets forth, unless otherwise noted, general rules applicable to
			 hearings conducted under 62 Ill. Adm. Code 1847.
b) As used in this Part and unless otherwise
			 specified, "hearing" shall be deemed to include the various types of hearings
			 set forth in 62 Ill. Adm. Code 1847.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.2 - Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing of
			 documents. The effective filing date for documents shall be the date of receipt
			 by the Department's Springfield, Illinois office.
b) Service. A copy of each document filed in
			 a review proceeding under 62 Ill. Adm. Code 1847 must be served by the filing
			 party on the other party or parties to the proceeding. In all cases where a
			 party is represented by an attorney, such attorney will be recognized as fully
			 controlling the case on behalf of his client, and service of any document
			 relating to the proceeding shall be made upon such attorney in addition to any
			 other service specifically required by law. Where a party is represented by
			 more than one attorney, service upon one of the attorneys shall be
			 sufficient.
c) Retention of
			 documents. All documents, books, records, papers, etc., received in evidence in
			 a hearing or submitted for the record in any proceeding will be retained with
			 the official record of the proceeding.
d) Record address. Every person who files a
			 document for the record or requests notice in connection with a proceeding
			 conducted under 62 Ill. Adm. Code 1847 shall at the time of his initial filing
			 in the matter state his address. If a person fails to furnish a record address
			 as required herein he will not be entitled to notice in connection with the
			 proceedings.
e) Computation of
			 time. Computation of any period of time prescribed herein shall be done in
			 accordance with 62 Ill. Adm. Code
			 1700.15.
f) Extensions of time.
1) Upon a showing of just cause, the time for
			 filing or serving any document may be extended by the hearing officer before
			 whom the proceeding is pending except where such extension is contrary to law
			 or regulation.
2) A request for an
			 extension of time must be filed within the time allowed for the filing or
			 serving of the document.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.3 - Transcript of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
A verbatim transcript of any hearing held under 62 Ill. Adm.
				Code 1847 shall be provided to the Department by a court reporter appointed by
				the Department, and shall constitute a part of the record. Copies of the
				transcript shall be furnished, at cost, upon request to the court
				reporter.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.5 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer shall give written notice of hearing to the
				parties. Such notice shall include:
a)
			 A statement of the time, place and nature of the hearing;
b) A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
c) A reference to the particular section of
			 the substantive and procedural statutes and rules involved;
d) A short and plain statement of the matters
			 asserted, the consequences of a failure to respond and the official file or
			 other reference number or name;
e)
			 The names and mailing addresses of the hearing officer and all parties and
			 other persons to whom notice of the hearing is given;
f) Permit hearing notices. If the hearing
			 concerns review of a permit decision under 62 Ill. Adm. Code
			 1847.3,
			 a notice containing the information set forth in subsections (a) and (b) above
			 shall be published in a newspaper of general circulation published in each
			 county in which any part of the area of the affected land is located. The
			 notice shall appear no more than fourteen (14) days nor less than seven (7)
			 days prior to the date of the hearing. The notice shall be no less than one
			 eighth page in size, and the smallest type used shall be twelve point and shall
			 be enclosed in a black border no less than 1/4 inch wide. The notice shall not
			 be placed in that portion of the newspaper where legal notices and classified
			 advertisements appear.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.6 - Ex Parte Contacts

Current through Register Vol. 48, No. 28, July 12, 2024
Ex parte contacts between the parties and the hearing officer
				concerning the merits of a proceeding are prohibited except upon notice and
				opportunity for all parties to participate. This Section does not prohibit
				communications concerning case status or advice concerning compliance with
				procedural requirements unless the area of inquiry is in fact an area of
				controversy in the proceeding.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.7 - Pre-Hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
At the request of any party to a hearing, a pre-hearing
				conference shall be scheduled by the hearing officer:
a) To define the factual and legal issues to
			 be litigated at the hearing;
b) To
			 set a discovery schedule for the hearing, in accordance with 62 Ill. Adm. Code
			 1848.9;
c) To schedule a date for the hearing;
			 and
d) To arrive at an equitable
			 settlement of the hearing request, if possible.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.8 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may
			 petition for leave to intervene at any stage of a proceeding under 62 Ill. Adm.
			 Code 1847.
b) A petitioner for
			 leave to intervene shall incorporate in the petition a statement setting forth
			 the interest of the petitioner and, if he had a statutory right to initiate the
			 proceeding, a showing of why his interest is or may be adversely
			 affected.
c) The Department or the
			 hearing officer shall grant the petition to intervene where the petitioner:
1) Had a statutory right to initiate the
			 proceeding in which he wishes to intervene; or
2) Has an interest which is or may be
			 adversely affected by the outcome of the proceeding.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.9 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery
			 methods. Parties may obtain discovery by one or more of the following methods:
1) Depositions upon oral examination or upon
			 written questions;
2) Written
			 interrogatories;
3) Production of
			 documents or things or permission to enter upon land or other property, for
			 inspection and other purposes; or
4) Requests for admission.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.11 - Expert Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definitions.
1) Definition of expert witness.
			 An expert is a person who, because of education, training or experience,
			 possesses knowledge of a specialized nature beyond that of the average person
			 on a factual matter material to a claim or defense in pending litigation and
			 who may be expected to render an opinion within his expertise at hearing. He
			 may be an employee of a party, a party or an independent contractor.
2) Consulting expert. A consulting expert is
			 a person who possesses the same qualifications as an expert witness and who has
			 been retained or specially employed in anticipation of litigation or
			 preparation for hearing but who is not to be called at hearing to render
			 opinions within his area of expertise.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.12 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except for oral
			 motions made in proceedings on the record, or where the hearing officer
			 otherwise directs, each motion shall:
1) Be in
			 writing;
2) State whether the
			 movant wishes to argue the motion orally;
3) Contain a concise statement of supporting
			 grounds; and
4) Be accompanied by a
			 proposed order for entry by the hearing officer.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.13 - Consolidation of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
When proceedings involving a common question of law or fact are
				pending before a hearing officer, such proceedings are subject to consolidation
				pursuant to a motion by a party or at the initiative of the hearing
				officer.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.15 - Rules of Evidence; Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrelevant, immaterial, or unduly
			 repetitious evidence shall be excluded. The rules of evidence and privilege as
			 applied in civil cases in the circuit courts of Illinois shall be followed.
			 Evidence not admissible under those rules of evidence may be admitted, however,
			 if it is of a type commonly relied upon by reasonably prudent men in the
			 conduct of their affairs. Objections to evidentiary offers may be made and
			 shall be noted in the record. Subject to these requirements, when a hearing
			 will be expedited and the interests of the parties will not be prejudiced, any
			 part of the evidence may be received in written form.
b) Subject to the evidentiary requirements of
			 subsection (a) above, a party may conduct cross-examination required for a full
			 and fair disclosure of the facts.
c) Official notice may be taken of the public
			 records of the Department and of any matters of which the circuit courts of
			 Illinois may take judicial notice. In addition, notice may be taken of
			 generally recognized technical or scientific facts within the Department's
			 specialized knowledge. Parties shall be notified of the material noticed either
			 before or during the hearing, and they shall be afforded an opportunity to
			 contest the material so noticed. The Department's experience, technical
			 competence and specialized knowledge may be used in the evaluation of the
			 evidence.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.16 - Powers of Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
Hearing Officers shall be licensed to practice law in the State
				of Illinois and not be employed by the Department. Hearing officers may:
a) Administer oaths and
			 affirmations;
b) Issue
			 subpoenas;
c) Issue appropriate
			 orders relating to discovery;
d)
			 Rule on procedural requests or similar matters;
e) Hold conferences for settlement or
			 simplification of the issues;
f)
			 Regulate the course of the hearing;
g) Rule on offers of proof and receive
			 relevant evidence;
h) Where
			 applicable, conduct site inspections of the land to be affected or where the
			 surface coal mining and reclamation operations are located;
i) Enter appropriate orders;
j) Examine witnesses and direct witnesses to
			 testify, limit the number of times any witness may testify and limit repetitive
			 or cumulative testimony;
k) Take
			 other actions authorized by these regulations or by the Surface Coal Mining
			 Land Conservation and Reclamation Act (Ill. Rev. Stat. 1991, ch. 96 1/2, par.
			 7901.01 et seq.) [225 ILCS 720 ].
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.17 - Disqualification of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A hearing officer, on his own motion or that of a party, may be disqualified in
			 a proceeding due to bias or conflict of interest.
b) A motion for disqualification filed
			 pursuant to this Section shall:
1) Be in
			 writing;
2) Contain a statement of
			 supporting grounds; and
3) Be filed
			 with the Director and served upon all parties.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.18 - 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 own motion or upon the motion of a party to the
				hearing. A motion filed by a party shall be in accordance with Section
				1848.12 and shall set
				forth facts attesting that the request for continuance is not for the purpose
				of delay. Except in the case of an emergency as defined in Section
				1848.22, motions
				requesting postponement or continuance shall be received by all parties to the
				hearing at least three (3) business days prior to the scheduled hearing date.
				Parties 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 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.19 - Failure to State a Claim

Current through Register Vol. 48, No. 28, July 12, 2024
Upon motion in accordance with Section
				1848.12, the hearing
				officer may dismiss at any time a request for hearing which fails to state a
				claim upon which administrative relief may be granted.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.20 - Summary Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any
			 time after a proceeding has begun, a party may move for summary decision of the
			 whole or part of a case in accordance with Section
			 1848.12.
b) The moving party under this Section shall
			 verify any allegation of fact with supporting affidavits, unless the moving
			 party is relying upon depositions, answers to interrogatories, admissions, or
			 documents produced upon request to verify such allegations.
c) Any affidavit submitted in support of a
			 motion filed under this Section shall comply with Illinois Supreme Court Rule
			 191.
d) Any party filing a motion
			 for summary decision shall submit along therewith a supporting memorandum of
			 law and a statement of material facts as to which the moving party contends
			 there is no genuine issue. Such statement of facts shall:
1) Consist of numbered paragraphs;
			 and
2) Include within each
			 paragraph specific references to the affidavits, parts of the record or other
			 materials relied upon to support the facts stated in the paragraph.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.21 - Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer shall allow the parties to a proceeding an
				opportunity to submit proposed findings of fact and conclusions of law together
				with a supporting brief at a time designated by the hearing
				officer.
Illinois Administrative Code › Title 62 - MINING › Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE › Section 1848.22 - 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 has been
				granted, the hearing officer may proceed to make his decision in the absence of
				such party. If the failure to appear is due to an emergency situation beyond
				the parties' control, and the Department is notified of such situation on or
				before the scheduled pre-hearing conference or hearing date, the conference or
				hearing will be continued or postponed pursuant to Section
				1848.18.
				Emergency situations include sudden unavailability of counsel, sudden illness
				of a party or his representative or similar situations beyond the parties'
				control.
Illinois Administrative Code › Title 62 - MINING › Part 1850 - TRAINING, EXAMINATION AND CERTIFICATION OF BLASTERS › Section 1850.5 - Definition

Current through Register Vol. 48, No. 28, July 12, 2024
The following term has the specified meaning:
"Blaster" means a person directly responsible for blasting
				operations in surface coal mining operations who is certified under this
				Part.
Illinois Administrative Code › Title 62 - MINING › Part 1850 - TRAINING, EXAMINATION AND CERTIFICATION OF BLASTERS › Section 1850.12 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Twelve months following the approval of this part by the Office
				of Surface Mining pursuant to applicable federal regulations adopted under the
				Federal Surface Mining Control and Reclamation Act
				30 U.S.C.
				1201, et seq. (1982), or twelve months
				following the effective date of this Part, whichever occurs later, each person
				directly responsible for blasting operations in surface coal mining operations
				shall be required to be a blaster as defined in this Part.
Illinois Administrative Code › Title 62 - MINING › Part 1850 - TRAINING, EXAMINATION AND CERTIFICATION OF BLASTERS › Section 1850.13 - Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Training
			 required herein, for those persons not previously trained in the subjects
			 required herein, shall be conducted by the Department, the operator or his
			 representative. The operator's representative may include, but is not limited
			 to junior colleges, consultants, and explosives manufacturers. The training
			 must meet the requirements of this Section.
b) The training for blasters certification
			 shall include instruction in:
1) The design
			 and layout of blasts, including geology, topography and the proper use of
			 delays.
2) Control of ground
			 vibration.
3) Control of flyrock
			 and air blast.
4) Design and
			 loading of boreholes.
5) Priming
			 and boosting.
6) Tamping and
			 stemming, including methods and materials.
7) Blast initiation systems.
8) The use of blasting machines.
9) The use of circuit testing
			 equipment.
10) The general
			 properties of explosives, including blasting agents, and selection
			 criteria.
11) Ground vibration, air
			 blast and monitoring.
12) The use
			 of ground vibration and air blast records as blast design factors.
13) The need for accurate reports and
			 blasting logs and their proper preparation.
14) Current Illinois and Federal law and
			 regulation pertaining to blasting at the mine site, including 62 Ill. Adm. Code
			 1780.13,
			 1816.11(f),
			 1816.61
			 to
			 1816.68,
			 1817.61
			 to
			 1817.68;
			 this Part; 62 Ill. Adm. Code
			 220.130;
			 the Illinois Explosives Act [225 ILCS 210 ];
			 30 CFR
			 816.61 to
			 816.68,
			 48 Fed. Reg. 9806-9807, 9492, 9809, 44780 (1983), 817.61 to 817.68, 48 Fed.
			 Reg. 9809-9811, 9492, 44781 (1983), 30 CFR 850, 48 Fed. Reg. 9492 (1983);
			 30
			 CFR 56.6000 - 56.6250, 50 Fed. Reg. 5040
			 (1985),
			 30
			 CFR 57.6000 - 57.6250, 50 Fed. Reg. 4082
			 (1985), 36 Fed. Reg. 9634 (1971); 43 Fed. Reg. 12320 (1978).
15) Planning for unpredictable blasting
			 hazards to the public and mine personnel. Illustrative example are adverse
			 weather, stray electrical currents, flyrock, radio frequency energy, and
			 misfires.
16) Signs, warning
			 signals and control of the potential flyrock area.
17) Blasting plan requirements.
18) Pre-blast and condition surveys and their
			 use in blast design.
19) Required
			 blasting notices.
20) Training and
			 certification requirements.
21)
			 Handling, transportation and storage of explosives.
22) New technology as it develops and is
			 implemented in the field. The Department shall advise operators of new
			 technology which should be included in future training programs.