Illinois Administrative Code

Section 100.100 Subpoenas a) Subpoenas for the attendance of witnesses from any place in the State of Illinois, or for the production of books, papers, accounts, or documents at a hearing in a pending adjudicatory proceeding, will be issued by the Department upon its own motion, …

Section 100.110 Discovery Rights and Procedure Adjudicatory Proceedings After receipt of notice of an adjudicatory proceeding, any party, upon written request made to any other party, at least three (3) business days prior to the hearing and within five (5) days after such servic…

Section 100.120 Documentary Evidence a) Record in Other Proceedings When a party desires to offer in evidence any portion of the record made in any other proceeding, such portion shall be offered in the form of any exhibit (subject to the ruling of the Board as to its admissibili…

Section 100.130 Findings, Conclusions, and Recommendations a) Adjudicatory Proceedings After the close of all proofs in the hearing before it, the Board shall cause to be prepared and filed its findings of fact, conclusions of law, and decision together with the entire record in …

Section 100.140 Notice of Conclusions and Recommendations a) Adjudicatory Proceedings 1) Copies of the Board's findings, conclusions, and decision, and if the Board so elects, memoranda of law supporting all or any of such findings, conclusions, and decision shall be served upon …

Section 100.150 Copy of Rules on Appeal The Department will include a copy of these Rules in the record on appeal from any order whenever requested to do so.

Section 100.160 Informal Action in Lieu of Adjudicatory Proceedings Any matter may, with the permission or at the direction of the Board, be filed with the Director of the Office of Mines and Minerals in his capacity as executive officer of the Board, and the Director of the Offi…

Section 100.170 Computation of Time The time within which any act under this Part is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this …

Section 100.180 Construction of Rules & Invalidity a) This Part shall not be construed to abrogate, modify or limit any rights, privileges or immunities granted or protected by the Constitution or laws of the United States or the Constitution or laws of the State of Illinois. No …

Section 100.190 Repeal of Prior Rules of Procedure This Part shall become effective ten (10) days after a certified copy thereof shall be filed with the Secretary of State of the State of Illinois as provided by the statutes of the State of Illinois in such case made and provided…

Section 100.20 Initiating Action Before the Mining Board a) Initiating Adjudicatory Proceeding - Complaints and Petitions 1) The Director may initiate action before the Board for adjudicatory proceedings under the Act by filing a complaint with the Board. The form and contents of…

Section 100.30 Right to Counsel, Appearance, Substitution of Parties a) Right to Counsel 1) Any party may appear and be heard through an attorney at law authorized to practice in the State of Illinois. In any proceeding before the Board: A) Attorneys admitted to practice in State…

Section 100.40 Applications, Complaints, Petitions, and Other Pleadings a) Applications for Rule-making Applications shall be in writing and shall contain: 1) The name and address of the applicant; 2) Specific reference to the Rule or Rules with which the applicant has an interes…

Section 100.50 Motions a) Scope of Motions Motions in the course of any adjudicatory proceeding may be presented to add necessary parties or to dismiss improper parties; or to request the dismissal of the proceedings for want of jurisdiction or want of prosecution, the quashing o…

Section 100.60 Form of Papers a) All papers, exhibits, data, or written statements filed in any proceeding shall be typewritten on white paper using one side of the paper only. They shall bear a caption clearly showing the title of the proceeding in connection with which they are…

Section 100.70 Service a) Service to Conform to Law All service shall conform to all applicable statutes made and provided therefor. b) Additional Rules as to Service 1) Complaints, petitions, applications, answers, intervening petitions, amended or supplemental complaints and pe…

Section 100.80 Conferences in Adjudicatory Proceedings a) Purpose of Conferences Upon written notice by the Department of the Board in any proceeding, parties or their attorneys may be directed to appear at a specified date, time and place for a conference, prior to the date set …

Section 100.90 Hearings a) Public Hearings; Notice and Place All hearings conducted in any proceeding shall be open to the public. The time and place of all such hearings shall be set by the Board or the Director of the Office of Mines and Minerals. Notice of such hearing, the nu…

Section 140.10 Plans to be Submitted to the Department It is ordered by the Mining Board that all coal companies in Illinois comply and submit to the Department of Mines and Minerals the following: a) Safety and operational training and retraining plans; b) Roof control plan; c) …

Section 140.20 Requirement Concerning Removal of Vehicle Wheels, Tires, and Valve Cores a) It is the ruling of the Mining Board that all wheels be removed from the vehicle and all tires shall be removed from the wheels before any welding, cutting, or heating of any kind is done o…

Section 140.30 Coal Quality Testing Program a) The Department of Natural Resources-Office of Mines and Minerals' (Department) analytical laboratory, located in Benton, Illinois, is authorized to test the quality of coal delivered under State coal purchase contracts. b) References…

Section 180.10 Executive Offices to Take Action Deemed Necessary It was the ruling of the Mining Board that it is incumbent upon the Executive Officer to take whatever action he deems expedient at the time in any emergency that may arise of any kind of character, or in the case a…

Section 220.10 Introduction and Definitions a) Adoption of Regulations-Scope and Authority. This Part sets forth mandatory safety standards for bituminous, anthracite and lignite surface coal mines, including open pit and auger mines, preparation facilities and all other surface …

Section 220.100 Ground Control a) Highwalls, pits and spoil banks; plans; filing of plan. 1) Each operator shall establish and follow a ground control plan for the safe control of all highwalls, pits and spoil banks which shall be consistent with prudent engineering design and wi…

Section 220.110 Fire Protection a) Fire protection; training and organization. Firefighting facilities and equipment shall be provided commensurate with the potential fire hazards at each structure, enclosure and other facility (including custom coal preparation) at the mine and …

Section 220.120 Mine Maps The mine maps required by 30 CFR 77.1200, 77.1201, and 77.1202, shall be maintained at the mine, shall be available for inspection by authorized representatives of the Department and authorized representatives of the miners, and shall be addressed and fo…

Section 220.130 Explosives and Blasting a) Explosives and blasting. 1) Explosives, blasting agents, detonators, or any other related blasting device or material shall be stored, transported, carried, handled, charged, fired, destroyed, or otherwise used, employed or disposed of b…

Section 220.140 Man Hoisting a) Man hoists and elevators. The standards set forth in this Section, apply only to those hoists, elevators, and cable operated cranes, together with their appurtenances, that are used for hoisting men. b) Automatic controls and brakes. Hoists and ele…

Section 220.150 Auger Mining a) Auger mining; planning. Auger mining shall be planned and conducted by the operator to insure against any hazard to underground workings or future underground workings located at or near such auger operations and all auger holes shall be located so…

Section 220.160 Loading and Haulage a) Loading and haulage; general. 1) Only authorized persons shall be permitted on haulage roads and at loading or dumping locations. 2) Traffic rules, signals, and warning signs shall be standardized at each mine and posted. 3) Where side or ov…

Section 220.170 Miscellaneous a) Communication in work areas. No employee shall be assigned, allowed or required to perform work alone in any area where conditions exist that would endanger his safety unless he can communicate with other, can be heard, or can or will be seen at p…

Section 220.180 Trolley Wires and Trolley Feeder Wires a) Cutout switches. Trolley wires and trolley feeder wires, shall be provided with cutout switches at intervals of not more than two thousand (2,000) feet and near the beginning of all branch lines. b) Overcurrent protection.…

Section 220.190 Slope and Shaft Sinking a) Slopes and Shafts; approval of plans. Each operator of a coal mine shall comply with Subpart T, Section 77.1900 of the Code of Federal Regulations, Title 30-Mineral Resources, and any amendments, additions, and alterations which may be m…

Section 220.20 Surface Installations a) Surface Installations; General. 1) All mine structures, enclosures, equipment, and other facilities (including coal preparation plants, facilities used in the work of preparing coal, construction areas, offices, shops, docks, garages, and l…

Section 220.200 Surface Bathing Facilities, Change Rooms and Sanitary Flush Toilet Facilities at Surface Coal Mines a) Bathing facilities; change rooms; sanitary flush toilet facilities. Each operator of a coal mine shall provide bathing facilities, clothing change rooms, and san…

Section 220.210 Sanitary Toilet Facilities at Surface Coal Mines a) Sanitary toilet facilities at surface worksites; approved sanitary toilets; installation requirements. 1) Each operator of a surface coal mine shall provide and install at least one (1) approved sanitary toilet, …

Section 220.220 Drinking Water a) Drinking water; general. An adequate supply of potable water shall be provided for drinking purposes in each surface installation, and at each surface worksite of the mine. b) Drinking water; quality. 1) Potable water provided in accordance with …

Section 220.230 Health and Safety Rules Applicable to Underground Coal Mines This Section sets forth mandatory health and safety standards applicable to underground coal mines. This Section complements the specific provisions of the Coal Mining Act of 1953, as amended, and in no …

Section 220.30 Thermal Dryers a) Thermal dryers; general. All dryer systems used for drying coal at high temperatures, hereinafter referred to as thermal dryers, including without limitation, rotary dryers, continuous carrier dryers, vertical tray, and cascade dryers, multilouver…

Section 220.40 Safeguard For Mechanical Equipment a) Mechanical equipment guards. 1) Gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings, shafts, sawblades, fan inlets, protruding set screws on revolving parts, and similar exposed moving machine …

Section 220.50 Electrical Equipment-General a) Electric power circuits and electric equipment; deenergization. Power circuits and electric equipment shall be deenergized before work is done on such circuits or equipment, except when necessary for trouble-shooting or testing. Disc…

Section 220.60 Trailing Cables a) Trailing cables; ampacity. All trailing cables shall meet the minimum requirements for construction and ampacity provided in the Standards of the Insulated Power Cable Engineers Association – National Electric Manufacturers Association in effect …

Section 220.70 Grounding a) Grounding, metallic shielding, armors, conduit enclosing power conductors, metallic frames, casings, and other metallic enclosures of electric equipment and circuits. Metallic shieldings, armors, conduits enclosing power conductors, metallic frames, ca…

Section 220.80 Surface High-Voltage Distribution a) High-voltage circuits; protective devices. 1) Circuit breakers protecting high-voltage circuits supplying power to portable or mobile equipment must: A) be properly tested and maintained in accordance with this Section; B) have …

Section 220.90 Low and Medium-Voltage Alternating Current Circuits a) Low-voltage and medium-voltage circuits serving portable, mobile and stationary, three (3)-phase alternating-current equipment; protective devices. 1) Low and medium-voltage circuits supplying power to portable…

Section 225.10 Definitions For purposes of this part only, the following words mean: "Act" means the Coal Mining Act (Ill. Rev. Stat. 1985, ch. 96½, par. 251 et. seq.) "Acceptable container" means any sturdy container, in good condition, lined with nonsparking material. (e.g, sol…

Section 225.15 General Requirements a) Any operator of a coal mine in Illinois must follow the requirements of this Part, the Act and 62 Ill. Adm. Code 220.230 when using permissible explosives in underground coal mines. b) The Mining Board's approval under 62 Ill. Adm. Code 140.…

Section 225.20 Penalty for Misbranding Any person, firm, or corporation who shall sell for use in the coal mines in this state any permissible explosives not stamped as herein required, or who shall knowingly sell for use in coal mines and in this state any permissible explosive …

Section 225.35 Storage in General a) Smoking, matches, open flames, and spark producing devices are forbidden: 1) in any magazine; 2) within up to fifty feet of any outdoor magazine; or 3) with any room containing an indoor magazine. b) All storage containers of permissible explo…

Section 225.40 Transportation of Permissible Explosives from Surface to Section Magazines a) Any person transporting permissible explosives underground or transporting electric detonators underground must transport them in locked, acceptable container. b) Permissible explosives a…