Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 830 - STRUCTURAL PEST CONTROL CODE › Subpart F - HEARINGS AND ADMINISTRATIVE FINES › Section 830.710 - Administrative Fines

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department is authorized to assess administrative civil fines against a
				licensee, registrant, certified structural pest control technician, public
				school, licensed day care center or other person for violations of the Act or
				this Part. Fines may be assessed in addition to, or in lieu of, license,
				registration or certification suspensions and revocations.
b) The amount of a fine shall be determined
				in accordance with the Schedule of Administrative Civil Fines in Table A and
				the following criteria:
1) A violation, for
				the purposes of this Section, will be considered to mean a finding of violation
				of a Section of the Act or this Part by a court of competent jurisdiction in
				this or any other state, or by the Director in a Final Order issued pursuant to
				the Act, or by a notice of warning issued in accordance with Section 14 of the
				Act.
2) For purposes of determining
				a second violation, an initial violation means the first violation of a
				particular Section of the Act or this Part within the previous three years.
				Each day in which the same violation exists shall constitute a separate
				violation.
3) Each location shall
				be considered separately with regard to violation determinations under this
				Part.
4) A Type A violation is any
				one of the following:
A) Failure to observe
				the general safety precautions of Section
				830.800.
B) Failure to abide by any stop sale or stop
				use order issued under Section
				830.860.
C) Failure to notify the Department of any
				incident or accident involving pesticides as required in Section
				830.870.
D) Use of a pesticide in a manner
				inconsistent with its labeling directions (Section
				830.810
				).
E) Performing a pesticide
				application or inspection in a faulty, careless, or negligent manner (Section
				13(d) of the Act).
F) Performing
				structural pest control in violation of the certification requirements of
				Sections 4(c) and 5 of the Act and Sections
				830.230
				and
				830.270.
G) Performing structural pest control in
				violation of an order issued by the Director (Sections 10(f), 13(a) and 14 of
				the Act).
H) Failure to use methods
				or materials suitable for structural pest control (Section 13(c) of the
				Act).
I)
Performing
				structural pest control utilizing or authorizing the use or sale of
				pesticides
that
are in violation of the FIFRA or the Illinois
				Pesticide Act.
(Section 13(i) of the Act)
J) Failure to notify employees and parents
				and guardians of students of a public school or licensed day care center two
				business days before a pesticide application as specified in Section 10.3 of
				the Act.
5) A Type B
				violation is any one of the following:
A)
				Failure to cease pest control operations when insurance coverage is interrupted
				(Section
				830.260(d)
				).
B) Making or reporting false,
				misleading, or fraudulent information. (See Section 13(c) of the
				Act.)
C)
Fraudulent
				advertising or solicitations relating to structural pest control.
(Section 13(f) of the Act)
D)
				Allowing a license, permit, registration or certification to be used by another
				person, in violation of Sections 4(f) and 6(b) of the Act.
E) Using the certification of a structural
				pest control technician to secure or maintain a license or registration when
				that individual is not actively employed at the business location, in violation
				of Section 6(b) of the Act.
F)
Aiding or abetting a person to evade any provision of
the
Act.
(Section 13(g) of the Act)
G)
Impersonating any federal, State,
				county, or city official.
(Section 13(h) of the Act)
H) Failure to allow the Department to perform
				inspections and investigations in accordance with Section 10(g) and (h) of the
				Act.
I) Failure to comply with a
				written notice issued in accordance with Section 830.860.
J) Performing structural pest control in
				violation of the license and registration requirements of Section 4(a) or 4(b)
				of the Act.
K) Failure to provide
				information to the Department upon request in accordance with Section 13(e) of
				the Act.
6) A Type C
				violation is any one of the following:
A)
				Failure to observe the pesticide storage requirements of Section
				830.830.
B) Failure to observe the service vehicle
				requirements of Section
				830.840.
C) Failure to observe the pesticide storage
				practices of Section
				830.850.
D) Failure to establish and maintain
				insurance in accordance with Section 9 of the Act and Sections
				830.250
				and
				830.260 and
				excluding subsection (b)(5)(A).
E)
				Failure to establish and maintain records of pesticide applications in
				accordance with Section
				830.820.
F) Failure of a licensee or registrant to
				provide written notification to the Department concerning the loss of the
				licensee's or registrant's only certified structural pest control technician
				and subsequent shutdown in accordance with Section 8 of the Act and Section
				830.240(b).
G) Failure of a certified structural pest
				control technician to provide written notification to the Department in
				accordance with Section
				830.240(a).
H) Failure to renew a license or registration
				in accordance with Section 4(e) of the Act and Section
				830.180.
I) Failure to renew a structural pest control
				technician certification in accordance with Section 6 of the Act and Section
				830.200.
J) Failure to notify the Department of a
				change in business ownership in accordance with Section
				830.190.
K) Failure to perform the notification and
				license replacement procedures in accordance with Section 4(d) of the Act when
				there is a change in business location.
L) Failure to display or provide a current
				license, registration and certification in accordance with Section
				830.310.
M) Failure to observe the groundwater
				protection requirements in accordance with Subpart I.
N) Failure to follow and observe the
				integrated pest management requirements of Section 10.2 of the Act.
O) Failure to provide copies of applicable
				service records to a property's owner, manager or tenant as specified in
				Section
				830.820(f).