Current through Register Vol. 48, No. 38, September 20, 2024
Except as otherwise may be required under the Illinois
Administrative Procedures Act [5 ILCS 100 ], this Section
provides the procedures for administrative citations and administrative
citation appeals under Section 73 of the Petroleum Equipment Contractors
Licensing Act [225 ILCS 729/73] .
a) Enforcement action that results in the
issuance of an administrative citation shall begin with the issuance of a CNOV
by OSFM. A copy of the CNOV shall be left with any licensed contractor's
certified employee, officer, managing member, or other agent of the contractor
at the UST facility or other location where the contractor is working at the
time of inspection or may be mailed or served by other legal process.
b) Issuance of an Administrative Citation
1) The OSFM may issue an administrative
citation pursuant to Section 73 of the Petroleum Equipment Contractors
Licensing Act [225 ILCS 729/73] and serve the
administrative citation by personal service or certified mail to the licensee
at the licensee's last known address as listed with the OSFM. The
citation shall be issued to the licensee and shall contain the licensee's name
and address, the licensee's license number, a brief factual statement, the
Sections of the law or rules allegedly violated, and the penalty
imposed in accordance with Section
172.120. The citation
must clearly state that the licensee may choose, in lieu of accepting the
citation, to request a hearing to appeal the citation. If the licensee does not
file a written appeal of the citation with the Office of the State Fire Marshal
within 15 days after the citation is served, then the citation shall become a
final order imposing a monetary penalty. A written appeal will be
deemed to be timely if it is postmarked no later than the time period allowed.
Failure to timely satisfy the penalty assessed may result in a censure or
suspension or other disciplinary action on the license for the violations
noted. (See also 225 ILCS
729/80(a)(3))
2) Payment of the administrative citation
penalty does not absolve the outstanding violations related to its licensing or
other regulatory obligations. Administrative citations and penalties issued
under this Section shall not limit the authority of the OSFM under other
sections of law to issue orders, revoke permits, stop work on construction, or
take any other appropriate enforcement action.
c) In the event of a timely written appeal,
the OSFM shall conduct an administrative hearing governed by this Section and
the Illinois Administrative Procedure Act [5 ILCS 100 ].
Notice of the time and place for any hearing shall be given to any party
concerned at least 30 days prior to the hearing date. If an attorney, through
written communication, is known to represent any party to a hearing, then
notice is to be given to that attorney. A corporation, limited liability
company, professional limited liability company, or partnership must appear by
legal counsel, licensed to practice in the State of Illinois or appearing pro
hac vice, who must file an appearance with the OSFM. Notice sent to the last
known address by U.S. Mail, registered or certified, addressed to all parties
or their agents appointed to receive service of process, or their attorneys
when applicable, is sufficient.
1) The notice
of hearing shall include the following:
A) The
date, 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 Sections 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 case number or file
number.
E) To the extent such
information is available, the names, phone numbers, email addresses, and
mailing addresses of the parties and designated agency contact, and if known,
of any assigned hearing officer.
2) Document Exchange. At any pre-hearing
conference, or if none, prior to the start of the hearing, the parties shall
exchange a list of those witnesses who may testify at hearing and any exhibits
or documents that may be identified at hearing.
3) Continuances. A hearing officer may, for
good cause, grant a continuance at the request of a party or a continuance on
the hearing officer's own motion.
4) Default. Failure of a party to appear on
the date set for hearing or failure to proceed as ordered by the OSFM shall
constitute a default and the administrative citation appealed from shall become
final. Appeals, petitions, motions or other requests for relief that are not
prosecuted diligently may be dismissed for want of prosecution.
5) At the close of the evidence, or upon
receiving the recommended decision of the hearing officer with findings of fact
and conclusions of law, the OSFM shall enter an order to sustain, modify, or
revoke the administrative citation. Any appeal from such OSFM
final order shall be to the circuit court of the county in which the
violation took place and shall be governed by the Administrative Review
Law [735 ILCS 5/Art. III ]
[225 ILCS
729/73(a)] .
6) Nothing in this Section shall prohibit the
informal disposition of an administrative citation by stipulation, agreed
settlement, or consent order. Informal disposition may proceed with clear and
simple documentation without complete adherence to this Section.
