1) The Department shall, when in the best
interest of protecting public safety and public and private property, issue to
the blaster a written notice of infraction, requiring remedial action, when, on
the basis of any inspection, the Department determines that the blaster has
committed any of the following infractions:
A)
Noncompliance with Section 3.13 of the State Act [225 ILCS
720/3.13 ], 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),
30 CFR
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) or 43 Fed. Reg. 12320 (1978).
B) Providing false information or a
misrepresentation to obtain certification.
C) Unlawful use in the workplace of or
current addiction to alcohol, narcotics, or other dangerous drugs.
D) Noncompliance with any lawful order issued
under the authority of the Surface Mining Control and Reclamation Act (
30 U.S.C.
1201 et seq.), Section 3.13 of the State Act,
62 Ill. Adm. Code 1780.13, 1816.11(f), 1816.61 to 1816.68, 1817.61 to 1817.68,
1840.2, 1840.12, or this Part.
2) The maximum time allowed to abate the
infraction by completing the remedial action shall be stated in the notice and
shall include consideration of the nature of the infraction, as well as the
availability of resources to complete the abatement. Remedial action may
include, but need not be limited to, a requirement to receive additional
training or undergo reexamination to demonstrate competence. A copy of such
notice shall be forwarded to the blaster's employer. Any such notice may be
terminated when the remedial action has been completed, modified to correct
deficiencies or errors or make other changes in the notice or to change the
required abatement date, or vacated if the infraction did not occur or occurred
as the result of sabotage by persons other than the blaster.
3) The blaster may file a request for review
with the Department, and if desired, a hearing within 30 days after the receipt
of the notice of infraction. If a hearing is requested, the hearing shall be
conducted in accordance with 62 Ill. Adm. Code
1847.4(e) and (g) through
(p) and shall be held at one of the
Department's offices. The Department shall give at least five days notice of
the date, time and location of the hearing to the blaster, his or her employer,
the Director, Office of Surface Mining, and any person who filed a report which
led to the notice that was issued.
4) The filing of a request for hearing shall
not act as a stay of the remedial actions required as part of the notice of
infraction.