35 Ill. Adm. Code 108.200
Administrative Citation under the Act
Section 108
Section 108.200Â
Administrative Citation under the Act
a)Â Â Â Â Â Â Â Â An
administrative citation (AC) under the Act may be issued by either:
1)Â Â Â Â Â Â Â Â The
Agency under Section 31.1 of the Act; or
2)Â Â Â Â Â Â Â Â A Delegated
Unit of Local Government under Section 31.1 of the Act. The Agency, under
Section 4(r) of the Act, may by agreement delegate its AC authority to a unit
of local government, which may then issue an AC. All Delegated Units must
submit to the Clerk a copy of the delegation agreement on or before July 1 of
every year.
b)Â Â Â Â Â Â Â Â In
accordance with Section 31.1 of the Act, the Agency or Delegated Unit may serve
an AC upon any person believed, through direct observation, to have violated
Section 21(o), 21(p), 22.51, 22.51a, or 55(k) of the Act.
1)Â Â Â Â Â Â Â Â The
AC must be issued and served upon the AC Recipient
not more than 60 days
after the date of the observed violation
and must contain
the following
information
:
A)
A
statement specifying the provisions of Section 21(o), 21(p), 22.51, 22.51a, or
55(k) of the Act
that
the AC Recipient was observed to have
violated;
B)
A
copy of the inspection report in which the Agency or
Delegated Unit
recorded the violation
. The report must
include the date and time of
inspection and weather conditions prevailing during the inspection
;
C)
The
penalty imposed by Section 42(b)(4) or (b)(4-5)
of the Act for the
violations;
D)
An
affidavit by the personnel observing the violation, attesting to their material
actions and observations
; and
E)
Instructions
for contesting the
AC
findings, including notification that the
AC
Recipient
has 35 days within which to file a petition to contest the
AC
and, if an appeal is filed and the Board finds a violation, the AC Recipient
may have to pay hearing costs under Section 108.500. [415 ILCS 5/31.1(b)]
2)Â Â Â Â Â Â Â Â The
Agency or Delegated Unit must serve the AC upon the AC Recipient as follows:
A)Â Â Â Â Â Â Â Personal
service;
B)Â Â Â Â Â Â Â U.S.
Mail with a recipient's signature recorded by the U.S. Postal Service upon delivery;
or
C)Â Â Â Â Â Â Â Third-party
commercial carrier with a recipient's signature recorded by the third-party
commercial carrier upon delivery.
3)Â Â Â Â Â Â Â Â The
Agency or Delegated Unit must file the AC with the Board
no later than 10
days after the date of service
upon the AC Recipient. [415 ILCS 5/31.1(c)]