Administrative Penalties

Section 250 TITLE 8: AGRICULTURE AND ANIMALS CHAPTER I: DEPARTMENT OF AGRICULTURE SUBCHAPTER i: PESTICIDE CONTROL PART 250 ILLINOIS PESTICIDE ACT SECTION 250.180 ADMINISTRATIVE PENALTIES Section 250.180  Administrative Penalties a) For violations of the Act and rules, administrative penalties will be based upon the total violation points as determined by the Use and Violation Criteria as set forth in Section 24.1 of the Act . In no case shall the same or similar violation criteria be assessed penalty points more than once for each violation.  [415 ILCS 60/24.1] b)         If the complaint or incident was caused by and the responsibility of the customer or purchaser of the product or service to perform their duties as agreed to either orally or by written contract, then the applicator shall not be subject to the penalty points assessment so long as the applicator has notified the customer or purchaser of their duties to comply with the pesticide use and that the applicator is consistent with that notification to all customers or purchasers.  Oral instructions or agreements shall be verified in writing and made available for review at the Department's request. c)         Any person who applies a restricted use pesticide on or within 500 feet of school property during normal hours, except for whole structure fumigation or applies a restricted use pesticide contrary to the pesticide label when the pesticide label is more restrictive than this subsection (c), is in violation of Section 14(3)(F) of the Act, and shall be assessed, at a minimum, the following point values for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act [415 ILCS 60/14(3)(F)]: 1)         A point value of 10 shall be assessed based upon a "knowingly" degree of responsibility (see Section 24.1(4)(C) of the Act). 2)         A point value of 3 shall be assessed based upon "a use contrary to label directions" ("precautionary statements, sites, rates, restricted use requirements") (see Section 24.1(4)(E)(1) of the Act). d)         Any licensed commercial applicator or commercial operator who applies a barrier mosquitocide in violation of the Act or this Part shall be assessed, at a minimum, the following point values for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act: 1)         A point value of 4 or 10 shall be assessed based upon either a "negligence" or "knowingly" degree of responsibility (see Section 24.1(4)(C) of the Act). 2)         A point value of 3 shall be assessed based upon "a use contrary to label directions" ("precautionary statements, sites, rates, restricted use requirements") (see Section 24.1(4)(E)(1) of the Act).