Illinois Administrative Code
Title 17 - CONSERVATION
Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES
Section 4170.420 - Appeals
Universal Citation: 17 IL Admin Code ยง 4170.420
Current through Register Vol. 48, No. 12, March 22, 2024
a) Any permittee who receives notice of suspension or revocation, any permittee contesting a condition of a permit, or any related group or kin contesting the disposition of human remains, unregistered graves, grave markers, or grave artifacts may request an administrative hearing.
b) Suspension Appeal
1) If a permit is suspended or revoked, the
permit holder will be issued a Notice of Suspension/Revocation through U.S.
mail. An affidavit of mailing shall be proof that the notice was received.
Notification will contain the factual and legal reason for the suspension or
revocation and shall be sent by standard U.S. mail.
2) Any person whose permit is suspended or
revoked shall have the right to appeal by filing two copies of the Petition for
Hearing. Both copies of the Petition for Hearing shall be mailed to or filed
with:
Illinois Department of Natural Resources
Office of Legal Counsel
One Natural Resources Way
Springfield, IL 627092-1271
3) Petitions must be sent to the Department
and postmarked no later than 30 days after the Notice of Denial was mailed for
the petition to be considered.
4)
If a timely Petition for Hearing is not received by the Department, then the
suspension or revocation will be considered final without further
notice.
5) The petition shall be
styled "In Human Remains Act Permit Suspension/Revocation of (name), PETITION
FOR HEARING". The petition shall contain sufficient facts in justification of a
hearing and shall be signed by the Petitioner. The party filing the petition
shall be designated the Petitioner. The Department shall be designated the
Respondent.
6) The hearing will be
conducted in accordance with the Department's rules for contested hearings at
17 Ill. Adm. Code 2530, Subpart D.
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