2005 Illinois Code - 225 ILCS 210/ Illinois Explosives Act. Article 5 - Administration
(225 ILCS 210/Art. 5 heading)
ARTICLE 5.
ADMINISTRATION
(225 ILCS 210/5001) (from Ch. 96 1/2, par. 1‑5001)
Sec. 5001.
Powers, duties and functions of Department.
In addition to the
powers, duties and functions vested in the Department by this Act, or by
other laws of this State, the Department has the following powers,
duties and functions:
(a) To promulgate reasonable rules consistent with this Act
to carry out the purposes and enforce the provisions of this Act.
(b) To prescribe and furnish application forms,
licenses, certificates and any other forms necessary under this Act.
(c) To prescribe examinations which reasonably test the
applicant's knowledge of the safe and proper use, storage, possession,
handling, and transfer of
explosive materials.
(d) To establish and enforce reasonable standards for the use,
storage, disposal and transfer of explosive materials.
(e) To issue licenses and certificates to qualified applicants who
comply with the requirements of this Act and its rules.
(f) To suspend, revoke or refuse to issue or renew licenses or
certificates, or take other disciplinary action, including the
imposition of fines.
All fines collected under this Act shall be deposited into the Explosives
Regulatory Fund.
(g) To establish by rule the expiration and renewal period for licenses
and certificates issued under this Act, and to establish and collect
license and certificate fees, fingerprint card fees, and such other fees as
are authorized or necessary under this Act.
(h) To conduct and prescribe rules of procedure for hearings under this Act.
(i) To appoint qualified inspectors
to periodically visit places where explosive materials may be stored or
used, and to make such other inspections as are necessary to determine
satisfactory compliance with this Act.
(j) To receive data and assistance from federal, State and local
governmental agencies, and to obtain copies of identification and arrest
data from all federal, State and local law enforcement agencies for use in
carrying out the purposes and functions of the Department and this Act.
(k) To receive and respond to inquiries from the industry, public,
and agencies or instrumentalities of the State, and to offer advice, make
recommendations and provide monitoring services pertinent to such inquiries
regarding the safe and proper storage, handling, and use of explosive materials.
(l) To institute or cause to be instituted legal proceedings in the
circuit court by the State's Attorney of the county where any
noncompliance with or violation of this Act occurs.
(m) To bring an action in the name of the
Department, through the Attorney General of the State of Illinois, whenever
it appears to the Department that any person is engaged or is about to
engage in any acts or practices that constitute or may constitute a
violation of the provisions of this Act or its rules,
for an order enjoining such violation or for an order
enforcing compliance with this Act. Upon filing of a verified petition in
such court, the court may issue a temporary restraining order without
notice or bond and may preliminarily or permanently enjoin such violation.
If it is established that such person has violated or is violating the
injunction, the court may punish the offender for contempt of court.
Proceedings under this paragraph are in addition to, and not in lieu
of, all other remedies and penalties provided for by this Act.
(n) The powers, duties and functions vested in the Department under the
provisions of this Act shall not be construed to affect in any manner the
powers, duties and functions vested in the Department under any other provision
of law.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/5002) (from Ch. 96 1/2, par. 1‑5002)
Sec. 5002.
Fees; Dishonored checks.
(a) Any person who issues or
delivers a check or other order to the Department which is not honored by
the financial institution upon which it is drawn on 2 occasions because of
insufficient funds on account, the account is closed, or a stop payment has
been placed on the check or order, shall pay
to the Department, in addition to the amount owing upon such check or other
order, a fee of $50.00. If such check or other order was issued or
delivered in payment of a renewal fee and the licensee or certificate
holder continues to engage in conduct for which a license or certificate is
required without paying the renewal fee and the $50 fee required under this
Section an additional fee of $100 shall be imposed for operating without a
current license or certificate.
(b) All fees collected under this Section shall be deposited
into the Explosives Regulatory Fund.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/5003) (from Ch. 96 1/2, par. 1‑5003)
Sec. 5003.
Appeal to Department; Hearing; Notice.
(a) Whenever the Department intends to refuse to issue or renew or to
suspend, revoke or take other disciplinary action with respect to a license
or certificate,
the Department shall give notice to the applicant or holder. Such notice
shall be in writing, shall state specifically the grounds upon which the
Department intends to take the indicated action and shall be served by
delivery of the same personally to the applicant or holder, or by mailing
the same by registered or certified mail to the applicant or holder's last
known address. The aggrieved party may appeal to the
Department for a hearing. The applicant or holder shall request such a
hearing in writing within 30 days after notice is mailed.
The provisions
of Sections 5003 through 5005 shall not apply to decisions of the
Department to deny a license or certificate based on an applicant's failure
to satisfy any age or examination requirements.
(b) Upon the receipt of a request for a hearing, the Department shall
order a hearing to be held.
The hearing shall be commenced within 30 days of the receipt by the
Department of the request for hearing unless the hearing is continued for
good cause at the request of any party.
The Department shall, at least 10 days prior to the date set for the hearing,
notify in writing the applicant for or holder of a license or certificate
that a hearing will be held at the place and on the date designated in the
notice to determine whether the applicant or holder is qualified to hold a
license or certificate, and that the Department shall afford the
applicant or holder an
opportunity to be heard. Such written notice may be served by personal
delivery to the applicant or holder, or by mailing the notice by registered
or certified mail to the applicant or holder's last known address.
(c) At the time and place
fixed in the notice, the Department shall proceed to hear the appeal, and
all parties to the proceeding shall have the opportunity to present such
statements, testimony, evidence and argument as may be relevant to the
proceeding. Hearings shall be conducted by hearing officers appointed by
the Department, and an authorized agent of the Department may administer
oaths to witnesses at any hearing which the Department is authorized to
conduct. The Department, if necessary, may continue such hearing from time
to time.
(d) Nothing in this Section shall be construed to limit the
authority of the Department to deny, refuse to issue or renew, or suspend,
revoke or take other disciplinary action with respect to a license or
certificate if the applicant or holder waives the right to a hearing by
failing to request a hearing within the prescribed time after notice is
received.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/5004) (from Ch. 96 1/2, par. 1‑5004)
Sec. 5004.
Record of proceedings; transcript.
The Department shall
provide at its expense a certified shorthand reporter to take down the
testimony and preserve a record of all proceedings at the hearing of any
case involving denial or refusal to issue or renew a license or
certificate, or the suspension or revocation or other discipline of a
license or certificate. Copies of the transcript of such record may be
purchased from the certified shorthand reporter who prepared the record.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5005) (from Ch. 96 1/2, par. 1‑5005)
Sec. 5005.
Findings of fact.
The Department shall make findings of fact
in such hearing, and shall render its decision within 30 days after
termination of the hearing, unless additional time is required by the
Department for a proper disposition of the matter. The Department shall
serve a copy of its decision on the applicant or holder either personally
or by certified or registered mail within 5 days of rendering the
decision. Technical errors in the proceeding before
the Department shall not be grounds for reversal of any administrative
decision unless it appears to the court that such error materially affects
the rights of any party and results in substantial injustice to such person.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5006) (from Ch. 96 1/2, par. 1‑5006)
Sec. 5006.
Actions without notice of hearing.
Notwithstanding any other provision of this Act, whenever the Department
finds that a condition or practice exists which could reasonably be
expected to cause death or serious physical harm or property damage, and if
the Department
incorporates a finding to that effect in an order, it may summarily suspend
or revoke a license or certificate, or order such immediate action as may
be necessary to abate the condition or practice. Whenever summary action is
taken under this Section, the Department shall, simultaneously with such
action, serve upon the holder a copy of its order which shall be effective
immediately. A hearing, if properly requested, shall be commenced within 15
days of the date of the order and concluded as soon as practicably possible.
(Source: P.A. 87‑835; 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/5007) (from Ch. 96 1/2, par. 1‑5007)
Sec. 5007.
Surrender; Seizure of license.
Upon the suspension or
revocation of any license or certificate, the holder shall immediately
surrender the license or certificate to the Department. If the holder
fails to do so, the Department has the right to seize the license or
certificate through its agents or local law enforcement personnel. If
summary action under Section 5006 of this Act is taken by the Department,
the Department shall have the right to seize the license or certificate
immediately upon issuance of its order.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5008) (from Ch. 96 1/2, par. 1‑5008)
Sec. 5008.
Administrative Review Law.
All final
administrative decisions of the Department under this Act are
subject to judicial review pursuant to the Administrative Review Law, as
now or hereafter amended, and its rules.
The term "administrative decision" is defined as in Section 3‑101
of the Code of Civil Procedure. Appeals from all orders and judgments
entered by the court, in reviewing a final administrative decision of the
Department, may be taken by any party to the action as in other civil
cases. Pending final decision on such review, the acts, orders and rulings
of the Department shall remain in full force and effect unless modified or
suspended by order of court pending final judicial decision. The Department
shall not be required to certify any record to the court or file any answer
in court or otherwise appear in any court in a judicial review proceeding,
unless there is filed in the court with the complaint a receipt from the
Department acknowledging payment of the costs of furnishing and certifying
the record, which costs shall be computed at the rate of 35 cents
per page.
Failure on the part of the plaintiff to file such receipt
in court shall be grounds for dismissal of the action.
(Source: P.A. 88‑599, eff. 9‑1‑94.)
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(225 ILCS 210/5010) (from Ch. 96 1/2, par. 1‑5010)
Sec. 5010.
Unlawful possession.
Any person subject to this Act
who possesses an explosive material without having obtained a valid license
or certificate under this Act is guilty of a Class 3 felony unless otherwise
exempted.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5011) (from Ch. 96 1/2, par. 1‑5011)
Sec. 5011.
Violation and penalty.
Any license or certificate holder
who fails to comply with or violates any applicable provision of this Act
is guilty of a Class B misdemeanor. All law enforcement officers and
personnel of the State of Illinois and the various units of local
government are responsible for assisting with the enforcement of this Act.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5012) (from Ch. 96 1/2, par. 1‑5012)
Sec. 5012.
Existing remedies unimpaired.
No existing civil or criminal
remedy for any wrongful action which is a violation of any code, or rule
promulgated under this Act shall be excluded or impaired by this Act.
(Source: P.A. 86‑364.)
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(225 ILCS 210/5013) (from Ch. 96 1/2, par. 1‑5013)
Sec. 5013.
Variations.
(a) Emergency variations. The Department may approve variations
from the requirements of this Act when it finds that an emergency exists
and that the proposed variations from the specific requirements are
necessary, will not hinder the effective administration of this Act,
and will not be contrary to any provisions of any other applicable law.
(b) Other variations. The Director may authorize alternate
construction for explosives storage magazines when it is shown that the
alternate magazine construction is substantially equivalent to the
standards of safety and security required under this Act or the
Department's rules. Any person intending to use alternate magazine
construction shall submit a letter application to the Director,
specifically describing the proposed magazine. Explosive materials may not
be stored in alternate magazines before the applicant has been notified that
the application has been approved.
(Source: P.A. 86‑364; 87‑835.)
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(225 ILCS 210/5014) (from Ch. 96 1/2, par. 1‑5014)
Sec. 5014.
Savings provisions.
All licenses and storage certificates
issued pursuant to "An Act regulating the manufacture, possession, storage,
transportation, use, sale or gift of explosives", approved July 12, 1939,
as amended, and in effect on the effective date of this Act, are
valid and effective under this Act and subject to the provisions of this Act
for the terms for which they were issued or for such shorter term as may be
established under this Act. All rules promulgated under such predecessor
Act and in effect on the effective date of this Act, shall remain in full
force and effect on the effective date of this Act without being
promulgated again, except to the extent any such rule is inconsistent with
the provisions of this Act. Any person engaged in an activity on the
effective date of this Act requiring a license or certificate under this
Act but not under the predecessor Act, and any person qualified for and
having a license or certificate under the predecessor Act which is valid
and effective on the effective date of this Act, but who is no longer
qualified under the provisions of this Act, shall have 180 days from the
effective date of this Act to qualify for and obtain a license or
certificate, as the case may be.
Such persons shall otherwise be deemed to be licensed or certified under
this Act and fully subject to the provisions of this Act.
No action or proceeding had, commenced or accruing under the
predecessor Act shall be affected and any administrative, civil or criminal
cause may be commenced or continued, except that in any administrative or
civil proceeding, any procedures and remedies established or created under
the provisions of this Act shall apply if the conditions, acts or omissions
which form the basis for the proceeding would be actionable under the
provisions of this Act. The Department may adopt such transitional rules as
may be necessary not inconsistent with the provisions of this Section.
(Source: P.A. 86‑364.)
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