Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 855 - ASBESTOS ABATEMENT FOR PUBLIC AND PRIVATE SCHOOLS AND COMMERCIAL AND PUBLIC BUILDINGS IN ILLINOIS
Subpart F - FINES, PENALTIES, ADMINISTRATIVE HEARINGS AND EMERGENCY STOP WORK ORDERS
Section 855.610 - Fines and Penalties
Current through Register Vol. 48, No. 12, March 22, 2024
a) In addition to any other action authorized by the Asbestos Abatement Act, the Commercial and Public Building Asbestos Abatement Act, or this Part, the Department may assess fines and penalties against a person for violation of any provision of the Asbestos Abatement Act, the Commercial and Public Building Asbestos Abatement Act, or this Part. The Department shall review each inspection report and stop work order according to criteria provided by this Section to determine whether a fine will be assessed, the amount of any such fine, and whether each day of violation shall constitute a separate violation for purposes of fine assessment.
b) The Department shall consider the following criteria independently and aggregately to determine whether a fine shall be assessed:
c) Criteria to determine the amount of a fine and/or penalty for a violation of any provision of the Asbestos Abatement Act, the Commercial and Public Building Asbestos Abatement Act, or of this Part are as follows. All amounts determined pursuant to these criteria shall be added together to determine the total fine against the person.
d) The Department shall serve notice of fine and/or penalty assessments, and provide the same rights and opportunity for hearing, as provided in Section 6(c) of the Asbestos Abatement Act [105 ILCS 105/6(c) ], Section 20 of the Commercial and Public Building Asbestos Abatement Act [225 ILCS 207/20 ], and this Section. In the event a person fails to request a hearing within the time provided in the notice, the person shall be deemed to have waived the right to an administrative hearing, and the fine and/or penalty shall be due immediately upon issuance of a final order by the Department in the action.
e) All fine and/or penalty assessments which are upheld in whole or in part by final order of the Department shall be due in full at the conclusion of the time period for filing for administrative review pursuant to the Administrative Review Law [735 ILCS 5 /Art. III], unless the person has within that time filed proceedings in administrative review specifically appealing the fine and/or penalty assessment and unless the court has stayed enforcement of the fine and/or penalty assessment.