Illinois Administrative Code

Section 1847.5 Civil Penalty Assessment Hearings a) Within thirty (30) days after receipt of a proposed civil penalty assessment, the person against whom the proposed penalty was assessed may request a hearing to contest the fact of the violation or the proposed penalty by filing…

Section 1847.6 Show Cause Hearings a) Whenever a show cause order is issued under 62 Ill. Adm. Code 1843.13, the permittee shall have thirty (30) days from the completion of service of the show cause order in which to file an answer and request a hearing. b) Contents of answer. T…

Section 1847.7 Bond Forfeiture Hearings a) Time for request. After receipt of bond forfeiture notification in accordance with 62 Ill. Adm. Code 1800.50(a)(1), the permittee may request a hearing. The hearing must be requested within fifteen (15) days after the permittee's receipt…

Section 1847.8 Individual Civil Penalty Hearings a) Scope. These regulations govern administrative review of proposed individual civil penalty assessments under Section 8.04(f) of the State Act against a director, officer or agent of a corporation. An individual served a notice o…

Section 1847.9 Bond Release Public Hearings a) A hearing requested pursuant to 62 Ill. Adm. Code 1800.40(d) shall be held within 30 days after receipt of the request for hearing. b) Bond release public hearings shall be held in the locality of the surface coal mining operation fr…

Section 1848.1 Scope and Purpose a) In the interest of establishing and maintaining uniformity to the extent feasible, this Part sets forth, unless otherwise noted, general rules applicable to hearings conducted under 62 Ill. Adm. Code 1847. b) As used in this Part and unless oth…

Section 1848.11 Expert Witnesses a) Definitions. 1) Definition of expert witness. An expert is a person who, because of education, training or experience, possesses knowledge of a specialized nature beyond that of the average person on a factual matter material to a claim or defe…

Section 1848.12 Motions a) Except for oral motions made in proceedings on the record, or where the hearing officer otherwise directs, each motion shall: 1) Be in writing; 2) State whether the movant wishes to argue the motion orally; 3) Contain a concise statement of supporting g…

Section 1848.13 Consolidation of Proceedings When proceedings involving a common question of law or fact are pending before a hearing officer, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of the hearing officer.

Section 1848.15 Rules of Evidence; Official Notice a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. Evidence not admissible under those r…

Section 1848.16 Powers of Hearing Officers Hearing Officers shall be licensed to practice law in the State of Illinois and not be employed by the Department. Hearing officers may: a) Administer oaths and affirmations; b) Issue subpoenas; c) Issue appropriate orders relating to di…

Section 1848.17 Disqualification of Hearing Officer a) A hearing officer, on his own motion or that of a party, may be disqualified in a proceeding due to bias or conflict of interest. b) A motion for disqualification filed pursuant to this Section shall: 1) Be in writing; 2) Con…

Section 1848.18 Postponement or Continuance of Hearing A hearing may be postponed or continued for due cause by the hearing officer upon his own motion or upon the motion of a party to the hearing. A motion filed by a party shall be in accordance with Section 1848.12 and shall se…

Section 1848.19 Failure to State a Claim Upon motion in accordance with Section 1848.12, the hearing officer may dismiss at any time a request for hearing which fails to state a claim upon which administrative relief may be granted.

Section 1848.2 Documents a) Filing of documents. The effective filing date for documents shall be the date of receipt by the Department's Springfield, Illinois office. b) Service. A copy of each document filed in a review proceeding under 62 Ill. Adm. Code 1847 must be served by …

Section 1848.20 Summary Decision a) At any time after a proceeding has begun, a party may move for summary decision of the whole or part of a case in accordance with Section 1848.12. b) The moving party under this Section shall verify any allegation of fact with supporting affida…

Section 1848.21 Proposed Findings of Fact and Conclusions of Law The hearing officer shall allow the parties to a proceeding an opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the hearing officer.

Section 1848.22 Default If a party, after proper service of notice, fails to appear at a pre-hearing conference or at a hearing, and if no continuance has been granted, the hearing officer may proceed to make his decision in the absence of such party. If the failure to appear is …

Section 1848.3 Transcript of Hearings A verbatim transcript of any hearing held under 62 Ill. Adm. Code 1847 shall be provided to the Department by a court reporter appointed by the Department, and shall constitute a part of the record. Copies of the transcript shall be furnished…

Section 1848.5 Notice of Hearing The hearing officer shall give written notice of hearing to the parties. Such notice shall include: a) A statement of the time, place and nature of the hearing; b) A statement of the legal authority and jurisdiction under which the hearing is to b…

Section 1848.6 Ex Parte Contacts Ex parte contacts between the parties and the hearing officer concerning the merits of a proceeding are prohibited except upon notice and opportunity for all parties to participate. This Section does not prohibit communications concerning case sta…

Section 1848.7 Pre-Hearing Conferences At the request of any party to a hearing, a pre-hearing conference shall be scheduled by the hearing officer: a) To define the factual and legal issues to be litigated at the hearing; b) To set a discovery schedule for the hearing, in accord…

Section 1848.8 Intervention a) Any person may petition for leave to intervene at any stage of a proceeding under 62 Ill. Adm. Code 1847. b) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, if he ha…

Section 1848.9 Discovery a) Discovery methods. Parties may obtain discovery by one or more of the following methods: 1) Depositions upon oral examination or upon written questions; 2) Written interrogatories; 3) Production of documents or things or permission to enter upon land o…

Section 1850.12 Applicability Twelve months following the approval of this part by the Office of Surface Mining pursuant to applicable federal regulations adopted under the Federal Surface Mining Control and Reclamation Act 30 U.S.C. 1201, et seq. (1982), or twelve months followi…

Section 1850.13 Training a) Training required herein, for those persons not previously trained in the subjects required herein, shall be conducted by the Department, the operator or his representative. The operator's representative may include, but is not limited to junior colleg…

Section 1850.14 Examination a) Written examinations for blaster certification shall be administered on dates and times and at locations announced by the Department via direct communication with operators and individuals who request in writing to be so notified. All persons schedu…

Section 1850.15 Application and Certification a) Each applicant shall submit a completed application for certification on forms supplied by the Department. Any applicant whose completed application has been received, reviewed and accepted by the Department prior to a regularly sc…

Section 1850.16 Denial, Issuance of Notice of Infraction, Suspension, Revocation, and other Administrative Actions a) The Department shall deny an application for, or revoke or suspend a certificate under the provisions of this Section if the Department finds that the applicant o…

Section 1850.17 Judicial Review (Repealed) (Source: Repealed at 20 Ill. Reg. 2151, effective January 19, 1996)

Section 1850.5 Definition The following term has the specified meaning: "Blaster" means a person directly responsible for blasting operations in surface coal mining operations who is certified under this Part.

Section 2501.1 Scope This Part implements the Abandoned Mined Lands and Water Reclamation Act [20 ILCS 1920], which provides that the Department of Natural Resources shall administer a program for the reclamation of Abandoned Mined Lands ("AML"). This Act is complementary to Titl…

Section 2501.10 Eligible Coal Lands and Water Coal lands and water are eligible for reclamation activities with federal funds provided pursuant to the Federal Act if: a) They were mined for coal or affected by coal mining processes; b) They were mined prior to August 3, 1977, and…

Section 2501.11 Eligible Non-coal Lands and Water Non-coal lands and water are eligible for reclamation activities if: a) They were mined or affected by mining processes; b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately re…

Section 2501.13 Preliminary Project Selection a) The Department shall select projects for reclamation from an abandoned mine site database which contains all known abandoned mine sites in the State which are eligible under Sections 2501.10 and 2501.11. This database includes site…

Section 2501.16 Final Selection and Project Deferment a) From the most significant abandoned mine sites identified in accordance with Section 2501.13, the Department will select projects for reclamation based upon the following criteria and considerations: 1) Satisfactory funding…

Section 2501.19 Annual Grant Process The Department shall submit an annual grant application to OSM in accordance with the requirements of 30 CFR 886 to cover allowable costs of the AML program including the actual costs of construction, operation and maintenance, planning and en…

Section 2501.22 Reclamation Activities The Department will enter into cooperative agreements as necessary and appropriate with any person or governmental entity in relation to the reclamation of abandoned land, including but not limited to the furnishing of services, plans, lay o…

Section 2501.25 Reclamation on Private Lands Reclamation may be carried out on private land if consent is obtained as provided in Section 2501.28(a), or if the requisite findings are made and notice given pursuant to Section 2501.28(b). When reclamation is to be carried out on pr…

Section 2501.28 Rights of Entry a) Prior to entry onto private lands for any purpose other than the visual inspection of the property under the State Act or this Part, the Department shall obtain advance written consent from the owners of record of the property to be entered, whe…

Section 2501.31 Land Acquisition, Management and Disposal a) The Department shall acquire eligible land as necessary for reclamation when long term monitoring will be necessary, or when the benefits to the general public to be derived from reclamation activities on State owned la…

Section 2501.34 Emergency Abatement Activities Notwithstanding any other Section of this Part, the Department will identify and immediately address sites which present an immediate threat to public health and safety, such as hazardous mine openings, methane gas leaks, deteriorati…

Section 2501.37 Notice of Reclamation a) Following reclamation, the Department shall file a Notice of Reclamation in the office of the recorder in the county in which the reclaimed land lies. The Notice of Reclamation shall identify the land reclaimed, the adverse effects of past…

Section 2501.4 Definitions As used in this Part – "Department" means the Illinois Department of Natural Resources, Office of Mines and Minerals, Division of Abandoned Mined Lands Reclamation of the State of Illinois, with principal offices of business at Springfield. "Federal Act…

Section 2501.40 Public Participation a) Any interested person may submit information and comments regarding the AML program and projects at any time. Information and comments should be directed to the Director of the Department, the Director of the Office of Mines and Minerals, o…

Section 2501.7 Objectives and Priorities a) It is the policy of this State to provide for the conservation and reclamation of lands and water affected by mining which have been abandoned, in order to restore these abandoned lands and waters to such productive use, in accordance w…

Section 2501.8 Utilities and Other Facilities a) The Department may expend up to 30 percent of the AML funds granted annually to the State for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supplies, including water distri…

Section 590.10 Permanent Place of Business Licensed feeder swine dealers shall have a permanent place of business and facilities for the holding of swine on his premises, subject to approval of the Department. (Source: Amended at 20 Ill. Reg. 1532, effective January 12, 1996)

Section 590.100 License Application Applications by individuals for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required bond and required fee which shall not be returnable. Any such applicatio…

Section 590.20 Agents (Repealed) (Source: Repealed at 10 Ill. Reg. 10087, effective May 21, 1986)