77 Ill. Adm. Code 100.25
Initiation of a Hearing
Section 100.25Â Initiation of a Hearing
a)Â Â Â Â Â Â Â Â An
alleged violator receiving a citation pursuant to the Smoke Free Illinois Act
(SFIA) shall submit a request for hearing to the enforcing agency that issued
the citation. The enforcing agency shall forward the request to the Department
for scheduling. Failure to request a hearing within 10 calendar days after the
citation is received (or failure to attend a hearing when scheduled) or failure
to pay the total amount of the fine, without objection, within 28 calendar days
after the citation is issued will result in a final decision and order being
entered against the alleged violator.
b)
The
Department shall serve written notice to all parties of the time, place,
nature, and location of the hearing, not less than 10 days prior to the hearing.
(SFIA Section 40(d) and IAPA Section 10-25)
c)Â Â Â Â Â Â Â Â The Notice of Hearing
shall
include the following:
1)
A
statement of the time, place, telephone number and nature of the hearing;
2)
A
statement of legal authority and jurisdiction under which the hearing is to be
held;
3)
The
names, mailing addresses
, and electronic mail addresses
of the
Administrative Law Judge, all parties, and all other persons
who are given
notice of the hearing (IAPA Section 10-25);
4)Â Â Â Â Â Â Â Â Copies
of the original citation and any documents to be introduced pursuant to Section
100.60(d); and
5)Â Â Â Â Â Â Â Â Information
as to how the alleged violator can access a copy of this Part and the SFIA on
the Department's website.
d)Â Â Â Â Â Â Â Â Notice
shall be sufficient if served personally or if sent by certified mail to the
alleged violator's address as it appears on the citation or as maintained with
the Illinois Secretary of State as of the date of service.