reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 102 - RULEMAKING PROCEDURES (REPEALED)

Current through Register Vol. 48, No. 28, July 12, 2024
AUTHORITY: Implementing Section 4(a) and authorized by Section
				9(a) of the Illinois Hazardous Materials Transportation Act [430 ILCS 30/4(a)
				and 9(a)
				].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1000 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part defines certain terms and prescribes procedures
				  that are applicable to each proceeding described in this Part that are utilized
				  by the Department in carrying out its duties under the laws pertaining to the
				  transportation of hazardous materials.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1020 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a)49 CFR 107, subparts F and G, are hereby
				incorporated by reference as those subparts of 49 CFR 107 were in effect on
				October 1, 2019. No later amendments to or editions of 49 CFR 107, subparts F
				and G are incorporated.
b) Copies
				of the materials incorporated by reference are available for inspection at the
				Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield,
				Illinois 62764 or online via the U.S. Government Publishing Office at
http://www.ecfr.gov
.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1030 - Request for Confidential Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
a) If any person filing a document with the
				Division claims that some or all the information contained in the document
				should be exempt from public disclosure, and if that person requests the
				Division not to disclose the information, that person shall file together with
				the document a second copy of the document from which has been deleted the
				information for which confidential treatment is claimed. The person shall
				indicate in the original document that it is confidential or contains
				confidential information and shall file a statement specifying the
				justification for which confidential treatment is claimed. If the person states
				that the information constitutes trade secrets or commercial or financial
				information, that person must include a statement as to why the information is
				privileged or confidential.
b) The
				Division retains the right to make its own determination with regard to any
				claim of confidentiality. The determination of confidentiality will be based
				upon one or more of the following:
1) The
				information submitted to the Division under paragraph (a);
2) The applicable provisions of any State or
				Federal statute which requires the information to be kept
				confidential;
3) Whether such
				information constitutes trade secrets or commercial or financial
				information;
4) Whether the
				information should be kept confidential in view of ongoing compliance
				actions;
5) Whether release of the
				information could commercially or personally harm any person. Notice of a
				decision by the Division to deny the claim, in whole or in part, and an
				opportunity to respond shall be given to any person claiming confidentiality of
				information, no less than five days prior to its public disclosure.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1040 - Persons Holding Federal Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
Any valid exemption issued by the Secretary of the U.S.
				  Department of Transportation under Section 107 of the federal Hazardous
				  Materials Transportation Act (49 U.S.C. Section 1806) shall be considered a
				  valid exemption issued under this subpart.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1050 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each order,
				notice, or other document required to be served under this Part shall be served
				personally or by registered or certified mail, except as otherwise
				provided.
b) Service upon a
				person's duly authorized representative constitutes service upon that
				person.
c) Service by registered or
				certified mail is complete upon mailing. An official United States Postal
				Service receipt from the registered or certified mailing constitutes prima
				facie evidence of service.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart A - GENERAL PROVISIONS › Section 107.1060 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary,
				or any individual whom he has designated to preside over a hearing convened in
				accordance with this Part, may sign and issue subpoenas either on his own
				initiative or, upon the request of any person participating in that proceeding
				where that person makes an adequate showing that the information sought will
				materially advance the proceeding.
b) A subpoena may require the attendance of a
				witness or the production of relevant documentary or other tangible evidence in
				the possession or under the control of the person served, or both.
c) Service of a subpoena upon the person
				named therein shall be made by delivering a copy of the subpoena to such
				person. Delivery of a copy of a subpoena to a natural person may be made by
				handing it to the person, leaving it at his or her office with the person in
				charge thereof, leaving it at his dwelling place or usual place of abode with
				some person of suitable age and discretion then residing therein, or by mailing
				it by registered or certified mail to the person at the person's last known
				address. When the person to be served is not a natural person, delivery of a
				copy of the subpoena may be effected by handing it to a registered agent for
				service, or to any officer, director, or agent in charge of any office of the
				person, or by mailing it by registered or certified mail to that representative
				at his last known address.
d) The
				original subpoena bearing a certificate of service shall be filed with the
				Department official having responsibility for the proceeding in connection with
				which the subpoena was issued.
e)
				Any person to whom a subpoena is directed may, prior to the time specified
				therein for compliance, but in no event more than 10 days after the date of
				service of such subpoena, apply to the presiding officer who issued the
				subpoena, or if he is unavailable, to the Secretary, to quash or modify the
				subpoena. The application shall contain a brief statement of the reasons relied
				upon in support of the action sought therein. The Secretary, or the presiding
				officer, as the case may be, may:
1) Deny the
				application;
2) Quash or modify the
				subpoena; or
3) Condition denial of
				the application to quash or modify the subpoena upon the satisfaction of
				certain just and reasonable requirements. The denial may be summary.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1100 - Responsibility for Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with delegations of authority from the
				  Secretary, responsibility for enforcement of this Subchapter is exercised
				  by:
a) The Department of
				Transportation;
b) The Department
				of State Police; and
c) Any other
				department or agency of State government which has jurisdiction with respect to
				the transportation of hazardous materials, with which the Secretary concludes
				an interagency agreement.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1110 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This subpart describes the various enforcement authorities
				  exercised by the Department and the associated sanctions and prescribes the
				  procedures governing the exercise of those authorities and the imposing of
				  those sanctions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1120 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. The
				Department may conduct investigations relating to compliance by any person with
				any provision of these regulations and any order issued thereunder, or any
				court decree relating thereto.
b)
				Confidentiality. Information received in an investigation under this section,
				including the identity of the person investigated and any other person who
				provides information during the investigation, shall, unless otherwise
				determined by the Department, remain confidential.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1130 - Inspection and Examination of Records and Properties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any representative of the State acting
				under delegation of authority in Section
				107.301, upon presenting
				appropriate credentials, may enter without delay, inspect and examine the
				records and properties of any person to the extent such records and properties
				relate to the transportation or shipment of hazardous materials on the highways
				of this State. All such inspections and examinations shall be conducted during
				regular working hours and in a reasonable manner.
b) If any person refuses to permit the
				representative to make an inspection or examination in accordance with Section
				107.307(a),
				the representative shall terminate the inspection or confine the inspection to
				areas concerning which no objection is raised. The representative shall
				endeavor to ascertain the reason for such refusal and shall immediately report
				the matter to the Director. If the Director desires to have an inspection and
				examination conducted, he may refer the matter to the Department's Office of
				Chief Counsel to take appropriate action, including compulsory process, if
				necessary.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1140 - Notice of Apparent Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) When any representative of the State
				acting under delegation of authority in Section
				107.301 has reason to believe
				that a person is engaging in conduct which involves a violation of any
				provision of these regulations, or of any exemption under Subpart B, the
				representative shall issue a notice of apparent violation.
b) A notice of apparent violation shall be
				issued:
1) In the case of a violation
				observed at any location where hazardous materials are handled, to the person
				in charge of or responsible for the place or location who is present at the
				time the violation is observed and, if that person is not the owner or lessor
				of the place or location, to the owner or lessor of the place or
				location.
2) In the case of a
				violation involving a motor vehicle intended to be used or being used for the
				transportation of hazardous materials, or in the case of a violation observed
				occurring in the course of the transportation of hazardous materials, to the
				driver or operator of the vehicle and to the employer of the driver or operator
				and, to the owner or lessor of the vehicle if the owner or lessor is a person
				other than the driver or operator or the employer of the driver or
				operator.
3) In the case where an
				individual person is observed to be knowingly committing an act which is a
				violation or to have knowingly committed an act which is a violation of these
				regulations, to that individual person and, if applicable, to the employer of
				that person.
4) In all other cases,
				to a responsible person present at the time the violation is observed, and if
				that person is not the owner or lessor of the place or location, to the owner
				or lessor of the place or location.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1150 - Stopping of Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				State Police shall stop any vehicle when the State Police has reason to believe
				that an imminent hazard exists. "Imminent hazard," as used in this section,
				exists if there is a likelihood that death, serious illness, or personal injury
				will occur prior to the completion of a formal proceeding initiated to abate
				the risk of such harm.
b) If the
				State Police stop a vehicle pursuant to 92 Ill. Adm. Code
				171.2(c),
				the State Police shall prevent the further movement of the hazardous materials
				and shall tag the vehicle carrying the hazardous material so as to place the
				vehicle out of service until such time as the imminent danger observed is
				abated.
c) Whenever the State
				Police stop and inspect any motor vehicle for any violation of the Act or IHMTR
				and identify violations that trigger placing the hazardous material shipment
				out-of-service under the "North American Uniform Out-of-Service Criteria," the
				State Police shall prevent the further movement of the hazardous material and
				shall issue an out-of-service order by tagging the hazardous material shipment
				so as to place it out-of-service until such time as the unsafe condition is
				corrected and the shipment complies with the IHMTR. North American Uniform
				Hazardous Materials Out-of-Service Criteria include but are not limited to:
1) Transporting hazardous materials not
				accompanied by a shipping paper that indicates hazardous materials are being
				transported;
2) Fifty percent or
				more of required placards for a hazard class are missing or any placards
				misrepresent the hazardous materials being transported;
3) Transporting hazardous materials in a bulk
				packaging not authorized for the material being transported; and
4) Hazardous materials leaking from a
				package. (North American Uniform Out-of-Service Criteria, Commercial Vehicle
				Safety Alliance Operations Manual, April 1, 1998)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1160 - Department Review of Notice of Apparent Violation

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receiving a copy of a notice of apparent violation, the
				  Department shall review the notice and determine whether any further
				  administrative action is required. If the Department determines that further
				  administrative action is required, the Department may take any administrative
				  action set forth in this subpart it believes is appropriate.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1170 - Warning Letter

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Department has reason to believe that a person is engaging in conduct
				which involves a violation of any provision of these regulations, the Director,
				or his authorized representative, may issue a warning letter which shall:
1) Advise the person of the time, place and
				circumstances of the apparent violation;
2) Advise the person that a subsequent
				inspection may be conducted to ascertain whether the violation has been
				corrected; and
3) Warn the person
				not to repeat the violation in the future.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1180 - Civil Penalties Generally

Current through Register Vol. 48, No. 28, July 12, 2024
When the Department has reason to believe that a person has
				  knowingly committed an act which is a violation of any provision of these
				  regulations it may conduct proceedings to assess and, if appropriate,
				  compromise a civil penalty.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1190 - Maximum Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
A person who knowingly commits an act that is a violation of
				  any of these regulations is liable for a civil penalty of not more than $10,000
				  for each violation. When the violation is a continuing one, each day of the
				  violation constitutes a separate offense.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1200 - Commencement of Civil Penalty Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department, by the Director or his
				authorized representative, begins a civil penalty proceeding by serving a
				Notice of Intent to Assess Civil Monetary Penalty, in accordance with Section
				107.11, on a person charging
				that person with having knowingly committed an act which is a violation of one
				or more provisions of the IHMTR.
b)
				A Notice of Intent to Assess Civil Monetary Penalty issued under this Section
				shall include:
1) Notice of the provisions(s)
				of the IHMTR or settlement agreement which the respondent is believed to have
				violated;
2) A brief description of
				the manner in which the respondent is believed to have violated the IHMTR or
				settlement agreement;
3) Notice of
				the maximum amount of civil penalty for which the respondent may be
				liable;
4) Notice of the amount of
				the civil penalty sought to be assessed by the Department; pursuant to 92 Ill.
				Adm. Code 401;
5) A description of
				the manner in which the respondent shall make payment in accordance with
				Section 107.317 of any money to the
				State;
6) A statement that the
				respondent may request a conference with the Department, by verbal or written
				request to the Director, to review and discuss the alleged violation and civil
				penalty, and of the procedures for requesting a conference;
7) A statement that if a settlement cannot be
				reached within 90 days, a Notice of Probable Violation will be served upon the
				respondent, and the respondent will have an opportunity for a hearing as
				provided by Section 11 of the Act and the IHMTR;
8) A statement that if the respondent does
				not reply to the Notice of Intent to Assess Civil Monetary Penalty within 30
				days after its service upon the respondent, the failure of the respondent to
				reply constitutes a waiver of its right to appear and contest the allegations,
				without further notice to the respondent, and authorizes the Secretary, without
				further notice to the respondent, to find the facts to be as alleged in the
				Notice of Intent to Assess Civil Monetary Penalty and order the assessment of
				the civil penalty stated in the Notice; and
9) A statement that respondent's failure to
				pay a civil monetary penalty as ordered by the Secretary may result in
				revocation or suspension by the Illinois Secretary of State of the registration
				of vehicles either owned by the respondent or, regardless of ownership, that
				were the subject of violations by the respondent of the Illinois Hazardous
				Materials Transportation Regulations, pursuant to
				625
				ILCS 5/3-704(b).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1210 - Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days
				of the service of a notice of probable violation issued under Section
				107.315, the respondent may:
1) Pay the preliminary assessment as provided
				in Section 107.317(a) and
				thereby close the case; or
2)
				Request a hearing as provided in Section
				107.318.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1220 - Payment of Penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Payment of a civil penalty should be made by certified check or money order
				payable to the Treasurer of the State of Illinois and sent to the Director,
				Division of Traffic Safety, Illinois Department of Transportation, 3215
				Executive Park Drive, P.O. Box 19212, Springfield, Illinois
				62794-9212;
b) At any time after an
				order assessing a civil penalty is referred to the Attorney General for
				collection, the respondent may offer to compromise for a specific amount by
				submitting a certified check or money order for that amount to the Director
				who, with the consent of the Attorney General, may accept or reject it. If it
				is accepted, the respondent is notified in writing by the Director that the
				acceptance is in full settlement of the civil penalty for the
				violation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1230 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a respondent elects to request a hearing, he shall submit a written request to
				the Director. The request must:
1) State the
				name and address of the respondent and of the person signing the request if
				different from the respondent;
2)
				State with respect to each allegation whether it is admitted or denied;
				and
3) State with particularity the
				issues to be raised by the respondent at the hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1240 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a hearing
				is requested under Section
				107.318, the Secretary shall
				appoint a presiding officer to convene and preside over the hearing. To the
				extent practicable, the hearing will be held near the place where the alleged
				violation occurred or at a place convenient to the respondent; provided that
				all such hearings shall be in Illinois. Testimony by witness shall be given
				under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and
				affirmations;
2) Issue subpoenas as
				provided by Section 107.13;
3) Adopt procedures, including the submission
				of evidence in written form;
4)
				Take or cause depositions to be taken;
5) Rule on offers of proof and receive
				relevant evidence;
6) Examine
				witnesses at the hearing;
7)
				Convene, recess, reconvene, adjourn and otherwise regulate the course of the
				hearing;
8) Hold conferences for
				settlement, simplification of the issues or any other proper purpose;
				and
9) Take any other action
				authorized by or consistent with the provisions of this subpart pertaining to
				civil penalties and permitted by law which may expedite the hearing or aid in
				the disposition of an issue raised therein.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1250 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) After consideration of the evidence of
				record, the presiding officer may dismiss the notice of probable violation in
				whole or in part. If he does not dismiss it in whole, he will issue and serve
				on the respondent an order assessing a civil penalty. The order will include a
				statement of findings and conclusions as well as the reasons therefor on all
				material issues of fact, law, and discretion.
b) If, within 20 days after service of an
				order assessing a civil penalty, the respondent does not pay the civil penalty
				or file an appeal as provided in Section
				107.323(a), the
				case shall be referred to the Attorney General with a request that an action to
				collect the penalty be brought in the appropriate Circuit Court.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1260 - Assessment Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
In assessing a civil penalty under Section
				  107.320,
				  the assessment is made only after considering:
a) The nature and circumstances of the
				violation;
b) The extent and
				gravity of the violation;
c) The
				degree of the respondent's culpability;
d) The respondent's history of prior
				offenses;
e) The respondent's
				ability to pay;
f) The effect on
				the respondent's ability to continue in business; and
g) Such other matters as justice may
				require.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1270 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Orders of
				dismissal and orders assessing civil penalties may be appealed to the
				Secretary. An appeal must be filed within 20 days of service of the presiding
				officer's order.
b) The decision of
				the Secretary on appeal shall be made on the record of the hearing, including
				all pleadings and the decision of the officer who presided at the hearing. No
				new or additional evidence shall be considered by the Secretary without a
				positive showing by the party presenting such evidence that the evidence was
				not available or, through due diligence, could not have been made available at
				the hearing. At the discretion of the Secretary and upon reasonable notice of
				the parties oral argument may be had on appeal. Any party requesting oral
				argument must detail in his petition for appeal the reasons for the request for
				argument.
c) If the Secretary
				affirms the assessment and the respondent does not pay the civil penalty within
				35 days after service of the Secretary's decision on appeal and no complaint
				for administrative review has been filed, the case shall be referred to the
				Attorney General with a request that an action to collect the penalty be
				brought in the appropriate Circuit Court.
d) Petition for appeal shall detail the
				assailed findings and be confined to factual and legal issues which are
				essential to the ultimate and just determination of the proceeding. Petitions
				shall not exceed 10 pages in length, excluding a separate preface and summary
				of argument which shall not exceed 3 pages. A reply to the petition, if any,
				shall be filed within 20 days of receipt of the petition for appeal and shall
				meet the same requirements as to length and format.
e) The filing of the petition shall stay the
				effect of the prior decision, order or requirement pending the determination of
				the appeal.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1280 - Failure to Pay Civil Penalty

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Failure of the respondent to pay all or a portion of a civil penalty under
				Section 107.315(b)(8),
				Section 107.316(c), or
				Section
				107.320
				or a settlement agreement under Section
				107.315(e) or
				Section 107.317(b) will
				result in the Department, without further notice to the respondent, notifying
				the Illinois Secretary of State in writing or by electronic communication, no
				sooner than 30 days and no more than 40 days after that failure to pay, that
				respondent has not paid a civil penalty or a settlement agreement arising from
				a violation of the IHMTR. The Illinois Secretary of State may then suspend or
				revoke the registration of vehicles that are owned by the respondent or,
				regardless of ownership, that were the subject of violations of the IHMTR for
				which a civil penalty or settlement agreement remains unpaid.
b) An order to pay a civil penalty or a
				settlement agreement will include a provision that failure to pay all or a
				portion of the civil monetary penalty or settlement agreement will result in
				the Department, without further notice to respondent, notifying the Illinois
				Secretary of State that the respondent has not paid a civil penalty or a
				settlement agreement arising from a violation of the IHMTR and that the
				Illinois Secretary of State may then suspend or revoke the registration of
				vehicles that are owned by respondent or, regardless of ownership, that were
				the subject of violations of the IHMTR for which a civil penalty or settlement
				agreement remains unpaid.
c) Within
				three business days after the respondent paying a civil penalty or settlement
				agreement that was the subject of a notice to the Illinois Secretary of State
				under subsection (a) of this Section, the Department will notify the Secretary
				of State that the civil penalty or settlement agreement has been
				paid.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1290 - Compliance Orders Generally

Current through Register Vol. 48, No. 28, July 12, 2024
When the Department has reason to believe that a person is
				  engaging in conduct which involves a violation of any provision of these
				  regulations, the Department may conduct proceedings to determine the nature and
				  extent of the violation and may thereafter issue an order directing
				  compliance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1300 - Notice of Probable Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department by the Director begins a
				compliance order proceeding by serving a notice of probable violation on a
				person charging that person with violating one or more provisions of these
				regulations.
b) A notice of
				probable violation issued under this section includes:
1) A statement of the provision(s) of the
				regulations which the respondent is believed to be violating;
2) A statement of the factual allegation upon
				which remedial action is being sought; and
3) A statement of the remedial action being
				sought in the form of a proposed compliance order.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1310 - Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days
				of the service of a notice of probable violation issued under Section
				107.333, the respondent may file
				a reply with the Director. The Director may extend the 30-day period for good
				cause shown.
b) The reply must be
				in writing, signed by the person filing it, and state with respect to each
				factual allegation whether it is admitted or denied. Even though formally
				denied, a factual allegation set forth in a notice of probable violation is
				considered to be admitted for purposes of the proceeding unless:
1) Opposed by the written statement of an
				individual having personal knowledge of the subject matter;
2) Challenged as being in error together with
				a supporting explanation as to why it is believed to be in error; or
3) Otherwise contested or contradicted
				through the submission of relevant evidence.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1320 - Consent Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				any time before the issuance of an order under Section
				107.337, the Department and the
				respondent may execute an agreement for disposing of the case by the entry of a
				consent order. If the Director accepts the agreement, he issues an order in
				accordance with its terms. If the Director rejects the agreement, he directs
				that the proceeding continue.
b) An
				agreement submitted to the Director under this section must include:
1) A proposed compliance order suitable for
				the Director's signature;
2) An
				admission of all jurisdictional facts;
3) An express waiver of further procedural
				steps and of all right to seek judicial review or otherwise challenge or
				contest the validity of the order; and
4) An acknowledgment that the notice of
				probable violation may be used to construe the terms of the order.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1330 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				respondent files a reply contesting allegations in a notice of probable
				violation issued under Section
				107.333 or when the Department
				and the respondent fail to agree upon an acceptable consent order, the Director
				shall request the Secretary to appoint a presiding officer. The Secretary shall
				appoint a presiding officer to convene and preside over a hearing on the
				proposed compliance order. Testimony by witnesses shall be given under oath and
				the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and
				affirmations;
2) Issue subpoenas as
				provided by Section 107.13;
3) Adopt procedures, including the submission
				of evidence in written form;
4)
				Take or cause depositions to be taken;
5) Rule on offers of proof and receive
				relevant evidence;
6) Examine
				witnesses at the hearing;
7)
				Convene, recess, reconvene, adjourn and otherwise regulate the course of the
				hearing;
8) Hold conferences for
				settlement, simplification of the issues or any other proper purpose;
				and
9) Take any other action
				authorized by or consistent with the provisions of this subpart pertaining to
				compliance orders and permitted by law which may expedite the hearing or aid in
				the disposition of an issue raised therein.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1340 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) After consideration of evidence, the
				presiding officer may dismiss the notice of probable violation or issue an
				order directing compliance. The order will include a statement of findings and
				conclusions as well as the reasons therefor on all material issues of fact,
				law, and discretion.
b) A
				compliance order issued under this section is effective upon service on the
				respondent unless otherwise provided therein.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1350 - Compliance Order For Immediate Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notwithstanding Sections
				107.333 through Section
				107.337, the Director may issue
				a compliance order for immediate compliance, which is effective upon issuance,
				and until rescinded or suspended, if he finds:
1) There is strong probability that a
				violation is occurring or is about to occur;
2) The violation poses an unreasonable risk
				to health or to safety of life or property; and
3) The public interest requires the avoidance
				or amelioration of that unreasonable risk through immediate compliance and
				waiver of the procedures afforded under Section
				107.333 through Section
				107.337.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1360 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Orders of
				dismissal and orders directing compliance may be appealed to the Secretary. An
				appeal must be filed within 20 days after service of the compliance
				order.
b) The decision of the
				Secretary on appeal shall be made on the record of the hearing, including all
				pleadings and the decision of the officer who presided at the hearing. No
				additional evidence shall be considered by the Secretary without a positive
				showing by the party presenting such evidence that the evidence was not
				available or, through due diligence, could not have been made available at the
				hearing. At the discretion of the Secretary and upon reasonable notice to the
				parties oral argument may be had on appeal. Any party requesting oral argument
				must detail in his petition for appeal the reasons for the request for
				argument.
c) The Secretary may stay
				the effectiveness of an order where the equities so require. The filing of an
				appeal does not stay the effectiveness of the order unless the Secretary
				expressly so provides.
d) Petition
				for appeal shall detail the assailed findings and be confined to factual and
				legal issues which are essential to the ultimate and just determination of the
				proceeding. Petitions shall not exceed 10 pages in length, excluding a separate
				preface and summary of argument which shall not exceed 3 pages. A reply to the
				petition, if any, shall be filed within 20 days of receipt of the petition for
				appeal and shall meet the same requirements as to length and format.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1370 - Injunctions and Other Equitable Relief

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever it appears to the Department that a person has
				  engaged, is engaged, or is about to engage in any act or practice constituting
				  a violation of any provision of these regulations or of any order issued
				  thereunder, the Secretary may request the Attorney General to bring an action
				  in the appropriate Circuit Court for such relief as is necessary, including
				  mandatory or prohibitive injunctive relief, and interim equitable
				  relief.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1380 - Imminent Hazards

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever it appears to the Department that there is a
				  substantial likelihood that death, serious illness, or severe personal injury
				  will result from the transportation of a particular hazardous material before a
				  compliance order proceeding or other administrative hearing or formal
				  proceeding to abate the risk of that harm can be completed, the Department
				  shall, through the Attorney General or State's Attorney, bring an action in the
				  appropriate Circuit Court for an order suspending or restricting the
				  transportation of that hazardous material, or for such other equitable relief
				  as is necessary or appropriate to ameliorate the hazard as provided by Section
				  13 of the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1390 - Criminal Penalties Generally

Current through Register Vol. 48, No. 28, July 12, 2024
Section 12 of the Act provides a criminal penalty of a fine
				  of not more than $25,000 for any person who willfully violates a provision of
				  the Act or a regulation issued under the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Section 107.1400 - Referral for Prosecution

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department becomes aware of a possible willful
				  violation of the Act, or any provision of the regulations, the Department
				  reports it to the Department's Office of Chief Counsel. If appropriate, the
				  Chief Counsel refers the report to the Attorney General or State's Attorney for
				  criminal prosecution of the offender.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 107 - PROCEDURES › Subpart B - EXEMPTIONS › Appendix A - Standard Conditions Applicable to Exemptions, Packages, Containers, Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
Exemptions from the regulations governing packages,
				  containers, and the preparation and offering of hazardous materials for
				  shipment are subject to the following conditions:
1) The outside of each package must be plainly and
				  durably marked "DOT-E" followed by the exemption number assigned. On portable
				  tanks, cargo tanks and tank car tanks, the markings must be in letters at least
				  two inches high on a contrasting background.
2) Each shipping paper issued in connection with a
				  shipment made under an exemption must, in association with the entries required
				  by 92 Ill. Adm. Code 172.203(a), bear the notation "DOT-E" followed by the
				  exemption number assigned.
3) When an exemption issued to a shipper contains
				  special carrier requirements, the shipper shall furnish a copy of the exemption
				  to the carrier before or at the time a shipment is tendered.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 108 - HAZARDOUS MATERIALS CIVIL MONEY PENALTY POLICY › Section 108.10 - Hazardous Materials Civil Money Penalty Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of issuing a Notice of
			 Probable Violation under Section
			 107.315 of the Illinois
			 Hazardous Materials Transportation Regulations (92 Ill. Adm. Code 107.315)
			 commencing a civil money penalty proceeding pursuant to Section 11 of the
			 Illinois Hazardous Materials Transportation Act (Ill. Rev. Stat. 1981, ch.
			 951/2, par. 700-11), the Illinois Department of Transportation ("Department")
			 will be guided by the policy contained in Appendix A of this Part in
			 determining the amount of the civil money penalty which the Department will
			 seek to have assessed against a violator of that Act and those
			 Regulations.
b) The policy shall
			 apply only to the initial discretionary determination by the Department of the
			 civil money penalty which the Department intends to pray for in the Notice of
			 Probable Violation which the Department issues to commence a civil money
			 penalty proceeding against a violator. If a hearing is necessary, the amount of
			 any civil money penalty assessed by order of the presiding officer or the
			 Secretary of the Department may be greater than, less than or equal to the
			 amount of the civil money penalty requested by the Department in its Notice of
			 Probable Violation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 171 - HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS › Section 171.13 - Imminent Hazard

Current through Register Vol. 48, No. 28, July 12, 2024
No person may offer, accept, or transport a hazardous material
				in commerce by highway in Illinois, regardless of the quantity of hazardous
				material in the shipment or on the vehicle, if that material poses an imminent
				hazard as defined under 92 Ill. Adm. Code
				107.1010. The State
				Police are authorized to stop any vehicle that constitutes an imminent
				hazard.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 171 - HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS › Section 171.17 - Special Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 person may offer or accept a hazardous material for transportation in commerce
			 if that hazardous material is subject to the provisions of a special permit
			 issued by United States Department of Transportation (U.S. DOT) ( 49 CFR 107 )
			 unless the material is offered and accepted in accordance with the terms and
			 conditions of the special permit or this Part.
b) No person may transport a hazardous
			 material in commerce if that hazardous material is subject to the provisions of
			 a special permit issued by U.S. DOT unless the material is transported in
			 accordance with the terms and conditions of the special permit or this
			 Part.
c) Special permits governing
			 packages or containers of hazardous materials are subject to the following
			 conditions:
1) The outside of each package
			 must be plainly and durably marked "DOT-SP" followed by the number
			 assigned;
2) Each shipping paper
			 issued in connection with a shipment made under a special permit must, in
			 association with the entries required by
			 49 CFR
			 172.203, bear the notation "DOT-SP" followed
			 by the number assigned; and
3) When
			 a special permit issued to a shipper contains special carrier requirements, the
			 shipper shall furnish a copy of the special permit to the carrier before or at
			 the time a shipment is tendered.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 171 - HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS › Section 171.21 - Retailer Exception

Current through Register Vol. 48, No. 28, July 12, 2024
AGENCY NOTE: See
				  49 CFR
				  173.6 that is incorporated by reference at
				  Section
				  173.3000
				  pertaining to Materials of Trade
				  Exemption.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 171 - HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS › Section 171.22 - Agricultural Exceptions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Subchapter c does not apply to the transportation of an agricultural
			 product (as defined in
			 49 CFR
			 171.8 ), other than Class 2 material, by a
			 farmer as a private intrastate carrier over local roads between fields of the
			 same farm in approved containers and in the amounts and manner specified in
			 49 CFR 173.5(b)(2) and
			 (4).
b) Transportation of a Class 2 agricultural
			 product by a farmer as a private intrastate carrier over local roads between
			 fields of the same farm in approved containers and in the amounts and manner
			 specified in
			 49 CFR 173.5(b)(2) and
			 (4) are excepted from the requirements of
			 subparts G and H of 49 CFR 172.
c)
			 Transportation of an agricultural product to or from a farm, within 150 miles
			 of the farm, in approved containers and conforming to
			 49 CFR 173.5(b)(1), (2)
			 and (4) are excepted from the requirements in
			 subparts G and H of 49 CFR 172.
d)
			 The following federal regulations may allow additional agricultural exceptions:
1)
									49 CFR
			 173.5(c) pertaining to
			 specification packagings used for aerial application of formulated liquid
			 agricultural products.
2)
									49 CFR
			 173.315(m) pertaining to
			 nurse tanks of anhydrous ammonia.
3)
									49 CFR
			 173.6 pertaining to materials of
			 trade.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 172 - HAZARDOUS MATERIALS TABLE AND HAZARDOUS MATERIALS COMMUNICATIONS › Section 172.2000 - Incorporation by Reference of 49 CFR 172

Current through Register Vol. 48, No. 28, July 12, 2024
a) As Part 172 of the Illinois Hazardous
			 Materials Transportation Regulations, the Department incorporates 49 CFR 172 by
			 reference, as that part of the federal hazardous materials transportation
			 regulations was in effect on October 1, 2017, subject only to the exceptions in
			 subsection (b) of this Section. No later amendments to or editions of 49 CFR
			 172 are incorporated.
b) The
			 following interpretations of, additions to, and deletions from 49 CFR 172 shall
			 apply for purposes of this Part.
1) All
			 references to "this part" in the incorporated federal regulations shall mean
			 Part 172 of the Illinois Hazardous Materials Transportation
			 Regulations.
2) All references to
			 "this chapter" or "this subchapter" in the incorporated federal regulations
			 shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the
			 regulations in the incorporated federal regulations shall be read to refer to
			 that Section in the Illinois Hazardous Materials Transportation
			 Regulations.
4) All references to
			 part 174, 175, or 176, or to sections in those parts, shall be read to refer to
			 those parts or sections in the federal hazardous materials transportation
			 regulations.
5) All references to
			 shipment of hazardous materials by air, water, and rail are incorporated for
			 reference purposes only for those persons contemplating intermodal movements of
			 hazardous materials.