Current through Register Vol. 48, No. 38, September 20, 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).
c) In the event that the Department and the
respondent do not enter a settlement agreement following service of a Notice of
Intent to Assess Civil Monetary Penalty, the Department by the Director shall
serve a Notice of Probable Violation on the respondent.
d) A Notice of Probable Violation issued
under this Section includes:
1) A statement
of the provision(s) of the IHMTR or of a settlement agreement which the
respondent is believed to have violated;
2) A statement of the factual allegations
upon which the proposed civil penalty is being sought;
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;
5) A description of the manner in which the
respondent shall make payment of any money to the State in accordance with
Section 107.317;
6) A statement of
respondent's right to request a hearing and the procedures for requesting a
hearing in accordance with Section 107.318; and
7) A statement of respondent's right to
appear at the hearing and to present relevant written or oral explanations,
information and materials in answer to the allegations or in mitigation of the
penalty.
e) A settlement
of a civil penalty proceeding may be effectuated at any time upon agreement of
the parties, shall be reduced to writing by the Department and signed by the
parties. Terms of the settlement may include a reduction in the amount of the
proposed civil penalty, and may include training and procedural requirements
agreed upon by the respondent and Department. Training and procedural
requirements may be agreed upon to increase awareness of and compliance with 92
Ill. Adm. Code 107 through 180, and 397, and those portions of 49 CFR adopted
by reference.
