Administrative Hearings

Section 6000.67  Administrative Hearings a)         If a person whose permit has been suspended or revoked; whose application for a permit has been denied; or who has received a Stop Operation Order, believes that the violation or condition justifying suspension, revocation, order, or denial does not exist; or if a person on whom a penalty for a violation of the Act or this Part has been assessed wishes to challenge the basis for the penalty or the amount of the penalty, the person may appeal the Department's action by filing a written request for a hearing within 10 business days after the Department's action. Failure to file an appeal and request for a hearing within 10 business days shall cause the decision of the Department to become a final administrative decision subject to the Administrative Review Law [735 ILCS 5/Art. III]. b)         Unless otherwise mutually agreed by the parties, the Department shall schedule a hearing within 48 hours after the request for hearing. Prior to the hearing, the Department may attempt to resolve the matter by conference, voluntary mediation, conciliation, or persuasion. c) Service of notice of a hearing, or any other document related to investigation or enforcement of violations shall be made by certified mail, by regular mail if service by certified mail cannot be completed, or by email to an email address previously designated by the party to be used for such purpose, to the address shown on the application for permit or to any other address on file with the Department or reasonably believed to be the current address of the permit holder. [430 ILCS 85/2-8.1(b)] d)         The written notice of a hearing shall specify the time, date and location of the hearing and the reasons for the action proposed by the Department. e)         At the hearing, the Department shall have the burden of establishing good cause for its action. Good cause shall be considered shown when the Department establishes that the ride or amusement attraction has been operating without a permit or the operator has failed to comply with the requirements for a permit as provided for under the Act and this Part. f)         The hearing under this Section shall comply with the Department's Rules of Procedure in Administrative Hearings (56 Ill. Adm. Code 120), except that formal discovery, such as production requests, interrogatories, requests to admit and depositions shall not be allowed. Prior to hearing, the parties shall exchange documents and witness lists and may issue subpoenas. g)         The Administrative Law Judge's decision shall be rendered within 5 business days after the conclusion of the hearing and shall be deemed a final administrative decision by the Department, subject to the Administrative Review Law. h)         In computing any period of time prescribed or allowed by this Part, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the designated period shall run until the end of the last day, or the next following business day. i)          If a party seeks judicial review of a final administrative decision, that party shall pay the actual cost to the Department of preparing the administrative record and filing the record in court. Payment shall be by electronic fund transfer, check or money order made payable to the Illinois Department of Labor.