TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.10 APPLICABILITY
Section 2530.10
Applicability
The rules in this Part govern
the practice and procedures related to formal hearings and other actions conducted
under the jurisdiction of the Department of Natural Resources that do not have
defined hearing procedures including:
a) Summary
revocation of licenses and/or suspension of privileges based upon accumulation
of points from determinations of guilt by a court of law;
b) Revocation
of licenses and/or suspension of privileges sought by the Department based upon
course of conduct with at least one determination of guilt by a court of law;
c) Revocation
of licenses and/or suspension of privileges pursuant to the Interstate Wildlife
Violator Compact policy on reciprocity;
d) Statutorily
mandated suspensions;
e) Reinstatement
of privileges;
f) The
immediate eviction and removal from Department lands for up to 90 days; and
g) The
eviction and removal from Department lands for longer than 90 days sought by
the Department based upon the course of conduct.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.20 DEFINITIONS
Section 2530.20 Definitions
In this Part the following terms
shall have the meanings ascribed:
"Arrest"
means the issuance of a State or federal citation or a notice to appear, or the
filing of a complaint by a State or federal prosecutor.
"Contested
case" means an adjudicatory proceeding, not including rate making,
rulemaking, quasi-legislative, informational or similar proceedings, in which
the individual legal rights, duties or privileges of a party are required by
law to be determined by an agency only after an opportunity for hearing. [5
ILCS 100/1-30]
"Department"
means the Illinois Department of Natural Resources. [520 ILCS 5/1.2d]
"Determination
of guilt by a court of law" means a case disposition, including
supervision or conditional discharge, by a circuit court of the State of
Illinois or a United States District Court in an Illinois District for an
offense that is a violation of any of the provisions of the Fish and Aquatic
Life Code [515 ILCS 5], the Wildlife Code [520 ILCS 5], the Timber Buyers
Licensing Act [225 ILCS 735], the Ginseng Harvesting Act [525 ILCS 20], the
Endangered Species Protection Act [520 ILCS 10], the Herptiles-Herps Act [510
ILCS 68] or any violation of similar federal statutes or rules.
"Director"
means the director of the Illinois Department of Natural Resources. [520
ILCS 5/1.2e]
"Hearing
Officer" means the presiding officer or officers at the initial hearing
before the Department and each continuation. [5 ILCS 100/1-15]
"License"
includes the whole or part of any Department permit, stamp, license,
certificate, approval, registration, or similar form or permission required by
law. [5 ILCS 100/1-35]
"Licensing"
includes the Department procedures respecting the grant, denial, renewal,
revocation, suspension, annulment, withdrawal or amendment of a license. [5
ILCS 100/1-40]
"Office
of Law Enforcement" means the Department of Natural Resources' Office of
Law Enforcement.
"Party"
means such person or agency named or admitted as a party, or properly seeking
and entitled as of right to be admitted as a party. [5 ILCS 100/1-55]
"Person"
means any individual, partnership, corporation, association, governmental
subdivision, or public or private organization of any character other than an
agency. [5 ILCS 100/1-60]
"Single incident" means
a singular act or event that occur at the same location, date and time that
give rise to multiple violations of State or federal laws. Multiple acts or
events are not a single incident.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.30 FILING
Section 2530.30 Filing
Documents permitted or required
to be filed with the Department shall be addressed to and mailed or filed with
the Department of Natural Resources, Office of Legal Counsel, One Natural
Resources Way, Springfield IL 52702-1271.
(Source: Amended at 28 Ill.
Reg. 9990, effective July 6, 2004)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.35 PARTIES
Section 2530.35 Parties
a) The
Department, when initiating a revocation/suspension proceeding, shall be
designated the Complainant. Any adverse party shall be designated as the
Respondent.
b) In
the case of a summary revocation/suspension appeal or an eviction and removal
appeal, the party appealing shall be designated as the Petitioner and the
Department designated as the Respondent.
c) Misnomer
of a party is not ground for dismissal, but the name of any party may be
corrected at any time.
(Source: Section 2530.35
renumbered from Section 2530.330 and amended at 38 Ill. Reg. 17001, effective July
25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.40 DOCUMENTS
Section 2530.40 Documents
a) Documents shall clearly show the title of the proceeding in
connection with which they are filed, and shall designate the nature of the
relief sought.
b) Except as otherwise provided, two copies of all documents,
including complaints, motions, and petitions for review shall be filed with the
Department.
c) Each document filed shall be signed by the party or by his or
her authorized representative.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.50 COMPUTATION OF TIME
Section 2530.50 Computation
of Time
a) Computation of time relating to filings, motions, other
pleadings and orders shall begin the first business day following the day on
which the act, event or development initiating such period of time occurs, and
shall run until the end of the last day, or the next following business day if
the last day is a Saturday, Sunday or legal holiday. If the period of time is
five days or less, Saturdays, Sundays, and legal holidays shall be excluded in
the computation of time.
b) Notice requirements shall be construed to mean notice
dispatched by means reasonably calculated to be received by the prescribed
date.
(Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.60 APPEARANCES
Section 2530.60 Appearances
a) Any person may appear in a contested case as follows:
1) A natural person may appear in his or her own behalf or by an
attorney at law licensed and registered to practice in the State of Illinois,
or both.
2) A business, nonprofit or government organization shall appear
by an attorney licensed and registered to practice in the State of Illinois.
b) Attorneys not licensed and registered to practice in the State
of Illinois may appear on motion.
c) An attorney appearing in a representative capacity shall file
a written notice of appearance with the Department, together with proof of
service on all parties or their respective attorneys at least 5 days prior to
any hearing.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
SUBPART B: SUMMARY REVOCATION/SUSPENSION BASED ON ACCUMULATION OF POINTS
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.110 APPLICABILITY (RECODIFIED)
Section 2530.110
Applicability (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.110 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.130 RULES PROPOSED BY MEMBER OF PUBLIC (RECODIFIED)
Section 2530.130 Rules
Proposed by Member of Public (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.120 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.140 AUTHORIZATION OF HEARING (RECODIFIED)
Section 2530.140
Authorization of Hearing (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.130 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.150 NOTICE OF HEARING (RECODIFIED)
Section 2530.150 Notice of
Hearing (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.140 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.160 HEARING OFFICER (RECODIFIED)
Section 2530.160 Hearing
Officer (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.150 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.180 WRITTEN SUBMISSION (RECODIFIED)
Section 2530.180 Written
Submission (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.160 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.190 RECORD (RECODIFIED)
Section 2530.190 Record
(Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.170 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.200 REVISION OF PROPOSED RULES (RECODIFIED)
Section 2530.200 Revision of
Proposed Rules (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.180 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.210 FILING AND PUBLICATION OF FINAL RULES (RECODIFIED)
Section 2530.210 Filing and
Publication of Final Rules (Recodified)
(Source: Recodified to 2 Ill. Adm. Code 825.190 at 8 Ill. Reg. 4133)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.220 APPLICABILITY
Section 2530.220
Applicability
This Subpart governs the
practices and procedures related to revocation of licenses and suspension of
privileges under the jurisdiction of the Department of Natural Resources when the
revocation and/or suspension is based upon one or more determinations of guilt
by a court of law and accumulation of points as described in this Subpart. The
reasons or legal advice that led to the determination of guilt by a court of
law, by either plea, trial or sentence of supervision or conditional discharge,
shall not be the subject of or a defense to any imposition of the revocation of
licenses or suspension of privileges under the jurisdiction of the Department
of Natural Resources.
(Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.230 POINT SYSTEM
Section 2530.230 Point
System
a) Any person found guilty by a circuit court of the State of
Illinois (including supervision or conditional discharge) or a United States
District Court in an Illinois District of an offense that is a violation of any
of the provisions of the Fish and Aquatic Life Code, the Wildlife Code, the
Timber Buyers Licensing Act, the Ginseng Harvesting Act, the Endangered Species
Act, the Herptiles-Herps Act or any similar violation of federal statutes or
rules, or any violation under Section 48-3(b) of the Criminal Code of 2012 [720
ILCS 5/48-3(b)] shall be assessed points as set out in Section 2530.240.
b) Licenses,
permits and stamps shall be revoked, and privileges shall be suspended, based
upon the accumulated points. The assessed accumulated points remain until:
1) In
cases involving Type I offenses (see Section 2530.255), 18 months has elapsed
since the date of the commission of the offense;
2) In
cases involving Type II offenses, 36 months has elapsed since the date of the
commission of the offense;
3) An order
of the Circuit Court or the Director terminates the suspension and the
applicable reinstatement fee has been paid and processed by the Department; or
4) An
order of the Circuit Court has expunged the underlying record of the offense,
the Office of Law Enforcement has received notice of the expungement, and the
applicable reinstatement fee has been paid.
(Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.240 POINTS
Section 2530.240 Points
a) Unless otherwise specified in subsection (b), points shall be
assessed by classification of offense as follows:
1) For
a petty offense – 3 points
2) For
a Class C Misdemeanor – 6 points
3) For
a Class B Misdemeanor – 9 points
4) For
a Class A Misdemeanor – 12 points
5) For
a Class 4 Felony – 24 points
6) For
a Class 3 Felony or Higher – 60 points
b) Points for the following violations shall be assessed as
follows:
1) For
any violation committed during a period of suspension – 60 points
2) For any violation of any of the following sections of the
Timber Buyers Licensing Act [225 ILCS 735] – 13 points:
A) a Class A misdemeanor for a violation of Section 5(a);
B) any violation of Section 5(c); or
C) any violation of Section 5(d).
3) Federal offenses shall be assessed points based upon the
classification of offense for the corresponding Illinois violation, rather than
the federal classification of the offense.
4) For any person found guilty of Section 2.33(cc) of the
Wildlife Code − 13 points.
5) For any person found guilty of Section 2.38 of the Wildlife
Code − 13 points.
6) For any person found guilty of Section 20-120(h) of the Fish
and Aquatic Life Code – 13 points.
7) For any person found guilty of Section 20-125(d) of the Fish
and Aquatic Life Code – 13 points.
8) For any person found guilty of Section 48-3(b)(9) or (b)(10)
of the Criminal Code of 2012 – 13 points.
(Source: Amended at 48 Ill.
Reg. 8664, effective May 30, 2024)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.245 SINGLE INCIDENT RULE
Section 2530.245 Single Incident Rule
a) In
the event that multiple findings of guilt are entered against an individual
arising out of a single incident, full points shall be assessed only for the
finding of guilt with the highest point level with additional points assessed
for the remaining findings of guilt as follows:
1) For a
petty offense – 1 point
2) For a
Class C misdemeanor – 2 points
3) For a
Class B misdemeanor – 3 points
b) The single
incident rule shall not be applied, however, in any cases in which the highest
level violation is a Class A misdemeanor or higher (12 points or greater) or in
cases in which violations occurred while the individual was suspended.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.250 GROUPS
Section 2530.250 Groups
a) Group A = Wildlife Code, Endangered Species Protection Act – Wildlife,
Federal Offenses – Wildlife, Section 48-3(b) of the Criminal Code of 2012 −
Wildlife, and Herptiles-Herps Act.
b) Group B = Fish and Aquatic Life Code, Endangered Species
Protection Act – Aquatic Life, Federal Offenses – Aquatic Life, Section 48-3(b)
of the Criminal Code of 2012 – Aquatic Life, and Herptiles-Herps Act.
c) Group C = Timber Buyers Licensing Act.
d) Group D = Ginseng Harvesting Act, Endangered Species
Protection Act – Plants, Federal Offenses – Plants.
(Source: Amended at 43 Ill.
Reg. 4837, effective April 11, 2019)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.255 TYPES OF OFFENSES
Section 2530.255 Types of Offenses
a) Type
I Offenses = Those offenses related to commercial/business activities covered
under Timber Buyer, Taxidermist, Aquaculture, Aquatic Life Dealer, Herptile, Minnow
Dealer, Mussel Dealer, Commercial Roe Dealer, Commercial Fisherman, Commercial
Musselor, Commercial Roe Harvester, Game and Game Bird Breeder, Wild Game Food
Dealer, Furbearing Animal Breeder, Fur Tanner, Class A Nuisance Wildlife
Control Operator, Migratory Waterfowl Hunting Area or Charter Fishing licenses
and permits.
b) Type
II Offenses = All other offenses related to activities covered under licenses
and permits and offenses of hunter or fisherman interference under the Criminal
Code. (Example: hunting, trapping, sport fishing, etc.)
(Source: Amended at 43 Ill.
Reg. 4837, effective April 11, 2019)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.260 COMPUTATION OF SUSPENSION PERIOD
Section 2530.260 Computation
of Suspension Period
All offenses shall be classified
by type and by group for computation of points. A person's privileges shall be
revoked upon accruing the required points pursuant to this Part. The points
that are accrued upon disposition of an offense or offenses shall be assigned
to the person for the date that the offense or offenses occurred. The
Department shall then review the timeframe that the points were assigned and
upon a finding by the Department that the total points for the time period as
outlined in this Section have been accrued to require a suspension, the
Department shall then issue a suspension. Such suspension shall commence upon
the date the Department is made aware by the Circuit Clerk of the County in
which the offense occurred of a disposition that resulted in the total point
accumulation to require a suspension pursuant to this Part.
a) For Type I offenses, any person who, within an 18 month
period, commits an offense or offenses that result in the accumulation of 13 or
more points in a single group as set out in Section 2530.250 shall have all commercial/business
licenses, permits and stamps relevant to that group revoked, and the person's
privilege to engage in those activities shall be suspended for a period of time
that equals one month for each point accumulated. All accumulated points shall
remain in effect for 18 months from the date of the commission of the offense
that resulted in the point accumulation and shall not be removed or reduced by
a period of suspension. Any second or subsequent suspension imposed upon a
person shall be served consecutively to any earlier suspension, if still in
effect, commencing on the date the earliest suspension expires. The 18 month
period used to determine if a points based suspension shall be issued is
calculated based on the date of offense and not the date of disposition of the
offense.
b) For Type II offenses: a person who, within a 36 month period,
commits an offense or offenses that result in the accumulation of 13 or more
points in a single group as set out in Section 2530.250 shall have all
licenses, permits and stamps relevant to that type and group revoked, and the
person's privilege to engage in the activity covered by the type and group
shall be suspended for a period of time that equals one month for each point
accumulated. Lifetime licenses issued pursuant to Section 20-45(f) of the Fish
and Aquatic Life Code shall only be revoked for felony violations or for
violations committed during a period of suspension. The privileges of lifetime
license holders shall be suspended, however, in accordance with the provisions
of this Section. All accumulated points shall remain in effect for 36 months
from the date of the commission of the offense that resulted in the point
accumulation and shall not be removed or reduced by a period of suspension. Any
second or subsequent suspension imposed upon an individual shall be served
consecutively to any earlier suspension, if still in effect, commencing on the
date the earliest suspension expires. The 36 month period to determine if a
points-based suspension shall be issued is calculated based on the date of
offense and not the date of disposition of the offense.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.270 SUMMARY REVOCATION/SUSPENSION PROCEDURES
Section 2530.270 Summary
Revocation/Suspension Procedures
a) All Illinois Circuit Court clerks shall report to the Office
of Law Enforcement, Illinois Department of Natural Resources, One Natural
Resources Way, Springfield IL 62702-1271, the disposition of cases involving a
violation of any of the provisions of the Fish and Aquatic Life Code, the
Wildlife Code, the Timber Buyers Licensing Act, the Ginseng Harvesting Act, the
Endangered Species Protection Act, the Herptiles-Herps Act and Section 48-3(b)
of the Criminal Code of 2012.
b) Points shall be assessed to the person by the Office of Law
Enforcement once reports of disposition are received from the circuit clerk.
The Department shall not be responsible or liable for the delay or failure of a
circuit clerk in the reporting of dispositions. Any delay or failure of a
circuit clerk in the reporting of dispositions does not affect the Department's
ability to revoke or suspend privileges pursuant to this Part.
c) Whenever
sufficient points have been accumulated for suspension as set out in Section
2530.260, the suspension shall be imposed by the Department on a quarterly
basis as follows:
1) For
any dispositions received during the first quarter of the calendar year
(January-March), suspensions shall begin on April 30.
2) For
any dispositions received during the second quarter of the calendar year (April-June),
suspensions shall begin on July 30.
3) For
dispositions received during the third quarter of the calendar year (July-September),
suspensions shall begin on October 30.
4) For
dispositions received during the fourth quarter of the calendar year (October-December),
suspensions shall begin on January 30.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.275 NOTICE OF REVOCATION/SUSPENSION
Section 2530.275 Notice of Revocation/Suspension
a) As
set out in this Subpart B, any person who has accumulated sufficient points to
have a license revoked and/or privileges suspended shall be notified by mail
that any licenses, stamps or permits held by that person pursuant to the
statutes or administrative rules for the type and group in which the points
were accumulated are immediately revoked. The notice shall further inform the
person how many points have been assessed and for how long their privileges are
suspended.
b) At
any time after imposition of revocation/suspension, the Office of Law
Enforcement may withdraw the revocation/suspension if the Office of Law
Enforcement finds the revocation/suspension was issued in error.
c) For Type
I (commercial/business type) suspensions, the notice shall also include
instructions that no new business may be taken in, effective immediately with
the suspension, and that existing business must cease within 30 days after the
effective date of the suspension. Proof that all existing business has ceased
may be in the form of written correspondence to all current clients notifying
them of the suspension and their alternatives.
d) Notices
shall be mailed to the last known address of the person through U.S. mail, and
an affidavit of mailing shall be proof that the notice was received 4 days
after being mailed. The effective date of the suspension will be the date
indicated in the Notice of Suspension letter. Revocation and suspension shall
be effective 4 days after notice is deposited in the U.S. mailbox.
(Source: Added
at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.280 REQUEST FOR HEARING TO APPEAL SUMMARY REVOCATION/SUSPENSION
Section 2530.280 Request
for Hearing to Appeal Summary Revocation/Suspension
a) Any person who is mailed notice of suspension and revocation
shall have the right to appeal by filing a Petition for Hearing. The Petition
for Hearing shall be mailed to or filed with the Office of Legal Counsel,
Illinois Department of Natural Resources, One Natural Resources Way,
Springfield IL 62702-1271. Petitions must be received by the Department within
34 days after the date of the Notice of Suspension.
b) A Petition for Hearing must be received by the Department's
Office of Legal Counsel within 34 days after the date of the Notice of
Suspension. If the petition is not timely received by the Office of Legal
Counsel at the Department of Natural Resources, the summary
revocation/suspension will be considered final without further notice.
c) The petition shall be styled "In re the suspension of ____,
PETITION FOR HEARING". The petition shall contain sufficient facts in
justification of a hearing and be signed by the petitioner (person whose
privileges were suspended).
d) The
petition shall also state if the petitioner paid a civil penalty through the
Circuit Court for an illegal take as a result of the related (conservation)
violations of the Fish and Aquatic Life Code, the Wildlife Code or the
Endangered Species Protection Act.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
SUBPART C: DEPARTMENT INITIATED REVOCATIONS/SUSPENSIONS BASED UPON COURSE OF CONDUCT
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.300 DEPARTMENT INITIATED REVOCATION/SUSPENSION BASED UPON COURSE OF CONDUCT
Section 2530.300 Department
Initiated Revocation/Suspension Based Upon Course of Conduct
a) Proceedings for revocation/suspension based upon course of
conduct with at least one determination of guilt by a court of law shall be
commenced by the service of a notice and a complaint upon the respondent.
b) The complaint shall contain the following:
1) A reference to the provision of the law or rules of which the
respondent was found guilty by a court of law, including a description
sufficient to advise respondent of the basis for revocation/suspension;
2) A description of any/all the violations committed by
respondent in a guilty finding sufficient to advise respondents of the basis
for revocation/suspension;
3) A concise statement of the relief that the complainant seeks;
and
4) A statement that the relief stated in the complaint shall be
granted if the respondent does not answer, respond or attend a hearing as set
out in this Part.
c) A copy of the notice and complaint shall either be served
personally on the respondent or his or her authorized agent or shall be served
by registered or certified mail with return receipt signed by the respondent or
his or her authorized agent. Proof of service of the complaint shall be made
by affidavit of the person making personal service or by properly executed
registered or certified mail receipt.
(Source: Section 2530.300
renumbered from Section 2530.340 and amended at 38 Ill. Reg. 17001, effective July
25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.310 APPLICABILITY
Section 2530.310
Applicability
This Subpart governs practices
and procedures under the jurisdiction of the Department for the following:
a) Summary
revocation of licenses and/or suspension of privileges based upon accumulation
of points from determinations of guilty by a court of law;
b) Revocation
of licenses and/or suspension of privileges sought by the Department based upon
course of conduct, with at least one determination of guilt by a court of law;
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.320 GENERAL PROCEDURES (REPEALED)
Section 2530.320 General
Procedures (Repealed)
(Source: Repealed at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.330 PARTIES (RENUMBERED)
Section 2530.330 Parties
(Renumbered)
(Source: Section 2530.330 renumbered
to Section 2530.35 at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.340 NOTICE AND COMPLAINT (DEPARTMENT INITIATED PROCEEDING) (RENUMBERED)
Section 2530.340 Notice and
Complaint (Department Initiated Proceeding) (Renumbered)
(Source: Section 2530.340
renumbered to Section 2530.300 at 38 Ill. Reg. 17001, effective July 25, 2014)
SUBPART D: HEARINGS OF CONTESTED CASES
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.350 SERVICE (DEPARTMENT INITIATED PROCEEDING) (REPEALED)
Section 2530.350 Service
(Department Initiated Proceeding) (Repealed)
(Source: Repealed at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.355 GENERAL PROCEDURES OF HEARINGS
Section 2530.355 General Procedures of Hearings
a) Upon
timely receipt of a Petition or Complaint for Hearing, the Director of the
Department of Natural Resources or his or her designee shall designate a
Hearing Officer. The Hearing Officer shall be a licensed attorney. Staff
members of the Office of Law Enforcement, witnesses and the Director shall not
serve as Hearing Officers. The appointed Hearing Officer shall not have direct
involvement in the case or have an interest in the decision to be reached. Mere
familiarity with the facts shall not disqualify a Hearing Officer.
b) The
Hearing Officer shall set a date, time and place for a hearing to be held
within 90 days after receipt of a timely request for hearing.
c) The
hearing shall be held in the offices of the Department in Springfield, Illinois
or in such other place as the Hearing Officer shall, for stated cause,
designate. The Hearing Officer shall give notice at least 15 days prior to the
date of the hearing to the parties, in accordance with this Part.
d) Failure
to comply with this Part may not be used as a defense to a proceeding under
this Part, but any person adversely affected by a failure of compliance may
have the hearing postponed if prejudice is shown, upon motion to the Hearing
Officer.
e) Any
pleadings, motions or orders shall be served by First Class United States mail
or by electronic mail at the address provided by the Hearing Officer, and
copies shall be sent to all parties and the Hearing Officer, with proof of
service. Proof of service of any paper other than the petition shall be by
certificate of service.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.360 TIME AND LOCATION OF HEARING
Section 2530.360 Time
and Location of Hearing
a) Within 60 days after the service of the Department's Complaint
or within 60 days after receipt of a Petition for Hearing, the Hearing Officer
shall set a date and time for a pre-hearing conference and a date, time and
place for hearing.
b) The hearing shall be held in the offices of the Department in
Springfield, Illinois or in such other place as the Hearing Officer shall for
stated cause designate. He shall give notice at least 15 days prior to the
date of the hearing to the parties, in accordance with this Part.
c) Failure to comply with the provisions of this Part may not be
used as a defense to a proceeding under this Part, but any person adversely
affected by a failure of compliance may have the hearing postponed if prejudice
is shown, upon motion to the Hearing Officer.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.370 PREHEARING CONFERENCES
Section 2530.370 Prehearing
Conferences
a) Upon motion of a party and/or upon written notice by the
Hearing Officer, the parties or their attorneys may be directed to appear at a
specific time and place for a pre-hearing conference, before the hearing, for
the purpose of formulating issues and considering:
1) the
simplification of issues;
2) the necessity or desirability of amending the pleadings for
the purpose of clarification, amplification or limitation;
3) the possibility of making admissions of certain averments of
facts or stipulations concerning the use of either or both parties of matters
of public record to avoid unnecessary introduction of proof;
4) the
limitation of the number of witnesses;
5) the propriety of prior mutual exchange between or among the
parties of prepared testimony and exhibits;
6) in
hearings or in defaults involving accumulation of points assessed due to
violations of the Timber Buyers Licensing Act, mitigation and aggravation
factors, if applicable, in determining the appropriate number of points and
length of suspension of the Petitioner; and
7) such
other matters as may aid in the simplification of the evidence and disposition
of the proceeding.
b) At
the pre-hearing conference, the Hearing Officer shall set a date for hearing
within 60 days unless agree to otherwise or for good cause.
c) Action
taken at the pre-hearing conference shall be recorded in an order prepared by
the Hearing Officer.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.380 AUTHORITY OF HEARING OFFICER
Section 2530.380 Authority
of Hearing Officer
The Hearing Officer shall have
the duty to conduct a fair hearing, to take all necessary action to avoid
delay, to maintain order, and to ensure development of a clear and complete
record. He shall have all powers necessary to these ends, including but not
limited to the power to:
a) Rule upon offers of proof and receive evidence and rule upon
objections to the introduction of evidence;
b) Regulate the course of the hearings and the conduct of the
parties and their counsel in those hearings;
c) Interrogate witnesses;
d) Hold pre-hearing conferences for settlement, simplification of
the issues, or any other proper purpose;
e) Determine the timing and
form of motions and responses by the parties;
f) Rule
on the necessity or desirability of amending the pleadings for the purpose of
clarification, amplification or limitation;
g) Rule on motions, issues
on admissions or stipulations;
h) Rule
on the limitation of the number of witnesses and limitation of issues and
evidence;
i) Issue or deny the issuance
of subpoenas requested by the parties;
j) Consider
factors in mitigation and aggravation in determining the appropriate length of
suspension sentencing in Department initiated revocations/suspensions based
upon course of conduct only, pursuant to Section 2530.310;
k) Rule
on such other matters as may aid in the simplification of the evidence and
disposition of the proceeding; and
l) Rule
on the propriety of prior mutual exchange between or among the parties of
prepared testimony and exhibits and other discovery. No discovery described by
Supreme Court Rule 201 will be permitted prior to a hearing, except by
permission of the Hearing Officer.
(Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.390 ORDER OF ADMINISTRATIVE HEARINGS
Section 2530.390 Order of Administrative
Hearings
The following shall be the order
of all administrative hearings, subject to modification by the Hearing Officer
for good cause;
a) Presentation, argument and disposition of motions preliminary
to a hearing on the merits of the matters raised in the complaint/petition;
b) Presentation of opening statements;
c) Presentation of Complainant's/Petitioner's case in chief;
d) Presentation of Respondent's/Defendant's case in chief;
e) Presentation of Complainant's/Petitioner's rebuttal case;
f) Statements from interested parties, if authorized by the
Hearing Officer;
g) Presentation of closing argument, which may include legal
argument;
h) Presentation and argument of all motions prior to final order.
(Source: Amended at 45 Ill.
Reg. 8415, effective June 23, 2021)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.400 OFFICIAL NOTICE
Section 2530.400 Official
Notice
Official notice shall be taken
of all facts of which judicial notice may be taken, and of other facts within
the specialized knowledge and experience of the Department. Parties shall be
afforded an opportunity to contest material officially noticed.
(Source: Amended at 6 Ill. Reg. 10687, effective August 25, 1982)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.410 DEFAULT
Section 2530.410 Default
Failure of a party to appear on
the date set for pre-hearing or hearing as ordered by the Hearing Officer shall
constitute a default.
(Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.420 EVIDENCE
Section 2530.420 Evidence
a) The Hearing Officer will receive evidence that is admissible
under the law of the rules of evidence of Illinois pertaining to civil actions.
In addition, the Hearing Officer may receive material, relevant evidence that
would be relied upon by reasonably prudent persons in the conduct of serious
affairs that is reasonably reliable and reasonably necessary to resolution of
the issue for which it is offered.
b) The Hearing Officer shall exclude from consideration
immaterial, irrelevant and repetitious evidence.
c) When the admissibility of disputed evidence depends upon an
arguable interpretation of substantive law, the Hearing Officer shall admit that
evidence.
d) The Hearing Officer may order the record of any relevant prior
proceeding before the Department or part thereof incorporated into the record
of the present proceeding.
e) Relevant scientific or technical articles, treatises or
materials may be introduced into evidence subject to refutation or disputation
through any introduction of comparable documentary evidence or expert
testimony.
f) Department Initiated Revocations/Suspensions
A party may introduce evidence as
grounds that would demonstrate factors in mitigation or factors in aggravation
of the relief sought in the complaint.
g) The
Hearing Officer shall take only the following matters into consideration in
hearings for cases of suspension/revocation based on accumulation of points imposed
under Subpart B:
1) was
the Petitioner found guilty of the offenses outlined in the Notice of
Suspension;
2) were points for those
offenses properly assessed; and
3) was
suspension/revocation properly imposed.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.430 MOTIONS AND ANSWERS
Section 2530.430 Motions and
Answers
a) All motions preliminary to a hearing shall be presented to the
Hearing Officer at least five (5) days prior to the date of the hearing or on
such other date as the Hearing Officer shall designate. All motions to dismiss
or strike the complaint or challenging the jurisdiction of the Department shall
be filed within fifteen (15) days after receipt of complaint, directed to the
Hearing Officer and shall be disposed of prior to hearing on the complaint. All
motions must be served on all parties to the proceeding. The response of the
Department and such other parties so served shall be filed within fifteen (15)
days subsequent to delivery to the Hearing Officer
b) Unless made orally on the record during a hearing, a motion
shall be in writing.
c) Within fifteen (15) days after service of a written motion, or
such other period as the Hearing Officer may prescribe, a party other than the
party who filed the motion may file a response in support of or in opposition
to the motion, accompanied by affidavits or other evidence. If no response is
filed, the parties shall be deemed to have waived objection to the granting of
the motion, but such waiver of objection does not automatically constitute
grounds for allowance of the motion.
(Source: Amended at 10 Ill. Reg. 20201, effective November 25, 1986)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.470 ADMINISTRATIVE RECORD
Section 2530.470 Administrative
Record
a) The record of the hearing approved by the Hearing Officer and
all exhibits offered in connection with the hearing shall constitute the administrative
record, and it shall be so certified by the Hearing Officer.
b) The administrative record in a contested case shall include:
1) all pleadings (including all notices and responses thereto),
motions and rulings;
2) evidence admitted or preserved;
3) a statement of matters officially noticed;
4) offers of proof, objections and rulings thereon;
5) proposed findings and exceptions;
6) any decision, opinion or report by the Hearing Officer,
including findings of fact and conclusions of law;
7) the Department's final order; and
8) A recording of the hearing that adequately ensures the
preservation of the proceedings or a transcript of the recording, if one is
made at the request of another party.
c) Findings of fact shall be based exclusively on the evidence
and on matters officially noticed.
(Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.480 BRIEFS AND ORAL ARGUMENTS
Section 2530.480 Briefs and
Oral Arguments
a) The parties may submit written briefs within ten (10) days
after the close of the hearing, or such other reasonable time as the Hearing
Officer shall determine consistent with the Department's responsibility for
expeditious decision.
b) No oral argument will be heard on a motion unless the Hearing
Officer directs otherwise. A written brief may be filed with a motion or an
answer to a motion, stating the arguments and authorities relied on.
c) Written motion will be disposed of by written order and transmitted
to all parties in accordance with this part.
(Source: Amended at 10 Ill. Reg. 20201, effective November 25, 1986)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.482 DECISION, ORDER AND DISPOSITION
Section 2530.482 Decision,
Order and Disposition
a) Decision and Order
1) Findings
of facts shall be based exclusively on the evidence and on matters officially
noticed.
2) The
Department shall prepare a written order and opinion for all final determinations.
The order shall include findings of fact and conclusions of law and shall be
signed by the Director after considering the Hearing Officer's recommendations.
3) Findings
shall include specific references to principal supporting items of evidence in
the record.
4) Findings
of fact and conclusions of law must be separately stated.
5) The
Department's final order may include any or all of the following:
A) A
direction to cease and desist from violations of the Department's rules and
orders;
B) Suspension
of licenses, permits or privileges;
C) Revocation
of a license or permit; or
D) Other
determinations that may be appropriate.
6) The
Department shall notify all parties or their agents by mail of any final order.
7) The
Department's order shall be the final administrative decision of the
Department, noting that it is appealable to the Circuit Court, pursuant to the
Administrative Review Law [735 ILCS 5/Art. III].
b) Unless
precluded by law, the Department may dispose of a case by stipulation, agreed
order, settlement, consent order or default. The Department may impose a
suspension of privileges for up to 60 months, or longer if a suspension is
pursuant to the Timber Buyers Licensing Act or if denial of access privileges
under Section 805-518 of the Civil Administrative Code is imposed.
c) The
suspension of privileges shall remain in effect until payment of appropriate
reinstatement fees, as found in Section 2530.610, and processing of those fees
by the Office of Law Enforcement.
d) Failure
of a party to appear on the date set for a pre-hearing or hearing, or failure
to proceed as ordered by the Hearing Officer, shall constitute a default. If a
party fails to appear, the Hearing Officer shall make a finding and prepare an
order for the Director. No further action will be taken on the matter and the
suspension/revocation will be imposed as stated in the Complaint or Notice of
Suspension.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.484 COMPELLING APPEARANCE AT HEARING
Section 2530.484 Compelling
Appearance at Hearing
The appearance at the Hearing of
a party or a person who at the time of the hearing is an officer, director or
employee of a party may be required by serving the party with a notice
designating the person who is required to appear, if the Hearing Officer rules
that the appearance of that person is necessary to assist in the resolution of
the issue raised in the proceeding. A party may subpoena any witness, no
earlier than receipt of the notice of hearing and no later than 14 days before
the hearing, by requesting that the Hearing Officer issue a subpoena to compel
the attendance of the witness. If the party or person is a non-resident of the
State, the Hearing Officer shall provide by order the terms and conditions in
connection with that party's or person's appearance at the hearing as are just,
including payment of the party's or person's reasonable expenses. The notice
also may require production at the hearing of documents or tangible things.
The party requesting the appearance of any person shall pay that person's
reasonable expenses unless the person whose appearance is requested is an
employee of a party to the Hearing.
(Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.486 RECORDING OF HEARING
Section 2530.486 Recording
of Hearing
The Hearing shall be recorded by
a means that adequately ensures the preservation of the proceedings, as
described in Section 2530.470, and shall be transcribed on request of any party
or for administrative review. However, the party requesting a transcription
shall be responsible for all costs associated with the transcription.
(Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.488 HEARINGS ON TIMBER BUYERS SECOND AND SUBSEQUENT SUSPENSIONS
Section 2530.488 Hearings on Timber Buyers – Second and
Subsequent Suspensions
Whenever a Timber Buyer receives notice that sufficient
points have been assessed under Section 2530.240(b)(2) or (b)(3) for a second
or subsequent suspension, a hearing shall be scheduled to determine the actual
length of suspension to be imposed. In the event a default occurs, as defined
in Section 2530.410, the Hearing Officer shall have authority to determine the
length of suspension, taking into consideration items of evidence outlined in
Section 2530.420 and the minimum and maximum points allowed under Section
2530.240(b)(2) or (b)(3).
(Source: Amended at 35 Ill.
Reg. 13268, effective July 26, 2011)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.490 DECISION AND ORDER (REPEALED)
Section 2530.490 Decision
and Order (Repealed)
(Source: Repealed at 38 Ill.
Reg. 17001, effective July 25, 2014)
SUBPART E: INTERSTATE WILDLIFE VIOLATOR COMPACT
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.500 INTERSTATE WILDLIFE VIOLATOR COMPACT MEMBERSHIP
Section 2530.500 Interstate Wildlife Violator Compact
Membership
As authorized by Section 805-545 of the Civil Administrative
Code of Illinois, the Department shall be a member of the Interstate Wildlife
Violator Compact.
a) The
Interstate Wildlife Violator Compact is an agreement that recognizes suspension
of hunting, fishing and trapping licenses in member states. The Compact
provides that information on convictions in the other states in participating
states shall be forwarded to the home state of the violator. The home state
shall treat convictions in the other states as if they had occurred in that state
for the purposes of license suspension actions. The Compact not only assures
equal treatment of residents and non-residents of participating states, but
also enhances the law enforcement services and deterrent value of time spent
patrolling by uniformed officers. This means that illegal activities in one
state can affect a person's hunting or fishing privileges in all participating
states. Any person whose license privileges or rights are suspended in a
member state may also be suspended in Illinois. If a person's hunting, fishing
or trapping rights are suspended in Illinois, they may also be suspended in
members states as well. This cooperative interstate effort will enhance the
Department's ability to protect and manage Illinois' wildlife resources.
b) The
following states are current members of the Interstate Wildlife Violation
Compact:
Alabama, Alaska, Arizona, California,
Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky,
Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, Wyoming. This list does not
preclude enforcement of suspensions imposed in states not included in this list
that later join as a Compact member.
c) Illinois
residents who are cited for aquatic life or wildlife violations in another
state that is a member of the Compact, and who do not comply with the citing
state's requirements for court appearance, shall receive notice of:
1) revocation
of all licenses and permits held under the Fish and Aquatic Life Code and the
Wildlife Code issued by the Department; and
2) suspension
of all aquatic life and wildlife privileges.
d) Persons
receiving notice of revocation/suspension for non-compliance shall have the
right to a hearing pursuant to Subpart D.
e) Any
suspension imposed for non-compliance of another Compact state's hunting or
fishing laws or regulations (e.g., failure to appear in Court or failure to pay
a fine) shall be in effect in the State of Illinois until the Department is
notified by the other state that compliance has been reached. Upon receipt of
notice of compliance, the suspension shall be terminated in Illinois and
privileges reinstated by the Department. Illinois regulations for
reinstatement of privileges (see Subpart F) still apply.
f) Pursuant
to Section 20-105 of the Fish and Aquatic Life Code and Section 3.36 of the
Wildlife Code, suspension of privileges by any Compact member state shall
automatically result in suspension for the same period in Illinois.
g) Within
15 days after receipt of the appropriate reinstatement fee, if applicable, and after
the Office of Law Enforcement receives an order from a Circuit Court or
Department Director that a suspension is terminated and/or will end on a
certain date, the Office of Law Enforcement shall notify the Interstate
Wildlife Violator Compact that the suspension has been terminated.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
SUBPART F: REINSTATEMENT OF PRIVILEGES
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.600 REINSTATEMENT PROCEDURES
Section 2530.600 Reinstatement Procedures
a) Any
person whose privileges have been suspended may have his or her privileges
reinstated in one of the following manners:
1) through
successful completion of the period of suspension;
2) as a
final determination of a hearing conducted as a result of the person's timely
appeal of a summary suspension imposed pursuant to Subpart B of this Part or
immediate eviction pursuant to Subpart H of this Part; or
3) through
a written order issued by the Department in accordance with Subpart D.
b) Once
a person's privileges have been reinstated, the Department shall process that information
within a reasonable time frame, but in no event shall the processing take
longer than of 15 working days.
(Source: Amended at 38 Ill.
Reg. 17001, effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.610 REINSTATEMENT FEES
Section 2530.610 Reinstatement Fees
a) The following fees
shall be applied to proceedings under this Part:
|
Type of
Suspension
|
First
Suspension
|
Subsequent
Suspensions
|
|
Notice of Eviction from Department lands (except 90 day
Notice of Eviction suspension)
|
$50
|
$100
|
|
Administrative (Officer request, etc.)
|
$50
|
$100
|
|
Non-Compliance (Interstate Wildlife Violator Compact)
|
$50
|
$100
|
|
Non-Commercial Point Suspension
|
$50
|
$100
|
|
Commercial Point Suspension
|
$100
|
$200
|
|
Reckless Operation of Snowmobile or Watercraft/
Failure to Yield to an Emergency Watercraft/Failure to Report a Watercraft
Accident
|
$100
|
$200
|
|
Watercraft/Snowmobile OUI and Refusal
|
$250
|
$500
|
b) Reinstatement
fees shall be made by cashier's check, bank check or money order and submitted
to:
IDNR Office of Law Enforcement
One Natural Resources Way
Springfield IL 62702
c) All
suspensions of privileges remain in effect until the appropriate reinstatement
fee is received and processed by the Office of Law Enforcement. The Office of
Law Enforcement has 15 business days after receipt of payment to process the
reinstatement fee.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
SUBPART G: STATUTORILY MANDATED SUSPENSIONS
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.700 SUSPENSION OF OPERATING PRIVILEGES
Section
2530.700 Suspension of Operating Privileges
a) Pursuant
to the Illinois Snowmobile Registration and Safety Act [625 ILCS 40] and the
Illinois Boat Registration and Safety Act [625 ILCS 45], the Department is
mandated to suspend operating privileges for certain violations. This includes
violations of, but may not be limited to:
625 ILCS 40/5-7; Operating
a Snowmobile While Under the Influence
625 ILCS 45/5-2; Reckless
Operation of a Watercraft
625 ILCS 45/6-1a-1; Leaving
the Scene of a Watercraft Accident
625 ILCS 45/5-16; Operating
a Watercraft While Under the Influence
625 ILCS 45/5-22; Failure
to Yield to an Emergency Watercraft
b) Whenever
suspensions under this Section are imposed by the Department, they shall be
implemented in accordance with, and to the maximum extent allowed by, law.
(Source: Added at 32 Ill.
Reg. 17481, effective October 24, 2008)
SUBPART H: EVICTION FROM DEPARTMENT LANDS
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.800 APPLICABILITY
Section 2530.800 Applicability
This Subpart governs practice and procedures under the
jurisdiction of the Department for the following:
a) The
immediate eviction and removal from Department lands for up to 90 days (see
Sections 2530.810, 2530.820 and 2530.830); or
b) The
eviction from Department lands for longer than 90 days sought by the Department
based upon the course of conduct (see Sections 2430.830, 2530.840 and
2530.850).
(Source: Added at 38 Ill. Reg. 17001, effective
July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.810 IMMEDIATE EVICTION AND REMOVAL FROM DEPARTMENT LANDS FOR UP TO 90 DAYS
Section 2530.810 Immediate Eviction and Removal from
Department Lands for up to 90 Days
a) As
authorized by Section 805-518 of the Civil Administrative Code, the Department
shall have the authority to remove or ban any individual engaged in illegal
activities or disorderly conduct from any lands owned, leased or managed by the
Department and lands dedicated as Nature Preserves or buffer areas under the
Natural Areas Preservation Act, and deny future entry to those lands by way of
revocation and/or suspension of access privileges.
b) This
immediate eviction and removal shall be served on a Notice of Eviction form.
The Notice of Eviction form shall contain, at a minimum, the following
information:
1) Name,
address and date of birth of person being served;
2) The
site or area in which the person is evicted and removed;
3) The
nature of the offense, including the citation of the relevant portions of the
State or federal statute, the Illinois Administrative Code or the Code of
Federal Regulations;
4) The
date Notice of Eviction is served;
5) The
starting and ending dates of the eviction and removal;
6) Consequences
for returning during the period of eviction;
7) Procedures
for appealing the eviction; and
8) Other
information deemed necessary by the Department.
c) Persons
who re-enter land from which they have been evicted and removed may be subject
to arrest for criminal trespass of State-supported land in violation of Section
21-5 of the Criminal Code of 2012 or other applicable violations of the law.
d) Persons
wishing to appeal an immediate eviction and removal shall do so in writing
within 30 days after the date the Notice of Eviction is served.
e) Any
person who is issued a Notice of Eviction shall have the right to appeal by filing
a Petition for Hearing.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.820 REQUEST FOR HEARING TO APPEAL IMMEDIATE EVICTION AND REMOVAL
Section
2530.820 Request for Hearing to Appeal Immediate Eviction and Removal
a) Any
person who is issued a Notice of Eviction requiring him or her to remove himself
or herself from Department lands shall have the right to appeal by filing two
copies of a Petition for Hearing.
1) Both copies of the
Petition for Hearing shall be mailed to or filed with:
Office of Legal
Counsel
Illinois
Department of Natural Resources
One Natural
Resources Way
Springfield IL
62702-1271
2) The
petitions must be received by the Department no later than 30 days after the
Notice of Eviction and Removal is served for the petition to be considered.
b) If no
petition is received within 30 days by the Office of Legal Counsel, the
eviction and removal will be considered final without further notice.
c) The petition shall be
styled "In Re the eviction of (name) , PETITION
FOR HEARING". The petition
shall contain sufficient facts in justification of a hearing and be signed by
the Petitioner (person who was evicted).
d) The
party filing the petition shall be designated the Petitioner. The Department
shall be designated the Respondent.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.830 EVICTION AND REMOVAL FROM DEPARTMENT LANDS FOR LONGER THAN 90 DAYS
Section 2530.830 Eviction and Removal from Department
Lands for Longer than 90 Days
a) This
Section governs the practices and procedures related to the eviction and
removal from Department lands for a period of time in excess of 90 days. As authorized
by Section 805-518 of the Civil Administrative Code, the Department shall have
the authority to remove or ban any individual engaged in illegal activities or
disorderly conduct from any lands owned, leased or managed by the Department,
and lands dedicated as Nature Preserves or buffer areas under the Natural Areas
Preservation Act, and deny future entry to the same by way of revocation and/or
suspension of access privileges.
b) In
addition to, or in lieu of, the 90 day Notice of Eviction, the Department may
request a hearing to evict and remove from Department lands violators of
camping regulations as described in 17 Ill. Adm. Code 110.180 (Public Use of
State Parks and Other Properties of the Department of Natural Resources) and
130.150 (Camping on Department of Natural Resources Properties). Violators
shall only be subject to an eviction for a maximum of 365 days, as described in
17 Ill. Adm. Code 130.150(b).
c) In
addition to, or in lieu of, the 90 day Notice of Eviction, the Department may request
a hearing to revoke and/or suspend the access privileges authorized by Section
805-515 of the Civil Administrative Code for cases involving illegal activities
other than those described in 17 Ill. Adm. Code 110 and 130. Violators shall
be evicted from Department lands for crimes committed on any Department land
for a period of time equivalent to maximum statutory penalties for the crimes
committed under the Criminal Code of 2012, unless otherwise indicated, for the
following criminal categories:
1) Petty
offenses, up to 6 months eviction;
2) Class C
misdemeanors;
3) Class B
misdemeanors;
4) Class A
misdemeanors;
5) Class 4
felonies;
6) Class 3
felonies;
7) Class 2
felonies;
8) Class 1
felonies; or
9) Class X
felonies.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.840 DEPARTMENT REQUEST FOR EVICTION AND REMOVAL LONGER THAN 90 DAYS
Section 2530.840 Department Request for Eviction and
Removal Longer than 90 Days
a) Proceedings
for Department requests for eviction from Department lands for a period in
excess of 90 days shall be commenced by the service of a notice and a Complaint
upon the Respondent.
b) The Complaint shall
contain the following:
1) A
description of any violations committed by Respondent on Department lands;
2) A
concise statement of the relief that the Department seeks; and
3) A
statement that the relief stated in the Complaint shall be granted if the
Respondent does not answer, respond or attend a hearing as set out in this
Part.
c) A
copy of the notice and Complaint shall either be served personally on the
Respondent or his authorized agent, or shall be served by registered or
certified mail with return receipt signed by the Respondent or his or her
authorized agent. Proof of service of the Complaint shall be made by affidavit
of the person making personal service, or by properly executed registered or
certified mail receipt.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER f: ADMINISTRATIVE SERVICES
PART 2530
REVOCATION PROCEDURES
FOR CONSERVATION OFFENSES
SECTION 2530.850 PROCEDURES FOR EVICTION/REMOVAL HEARINGS
Section 2530.850 Procedures for Eviction/Removal
Hearings
All procedures for eviction and removal hearings are found
in Subpart D.
(Source: Added at 38 Ill. Reg. 17001,
effective July 25, 2014)
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