Section 505.80  Administrative Review and Hearings − Inspection Certificates

This Section shall apply to all actions by the Department for noncompliance with this Part that potentially could impact upon the issuance, suspension or revocation of an Inspection Certificate required by this Part.

a)         When in any instance departmental review reveals that an owner may not be in compliance with one or more requirements of this Part, the Department will notify the owner in writing of those facts and circumstances known to the Department that give rise to the inference that the owner is not in compliance.  If the facts and circumstances giving rise to the inference involve only boilers and pressure vessels that the NRC has determined are not within NRC's jurisdictional authority, subsection (c) of this Section shall apply and subsection (b) of this Section shall not apply. If the facts and circumstances giving rise to the inference involve any other boiler, pressure vessel or nuclear power system, subsection (b) of this Section shall apply and subsection (c) of this Section shall not apply.

b)         Simultaneously with the notification provided for in subsection (a) of this Section, the Department will notify the NRC in writing of those facts and circumstances known to the Department that give rise to the inference that the owner is not in compliance.  If the owner fails to demonstrate to the Department that the owner is in compliance within 10 days after the notification, the Department shall provide to the NRC a written request pursuant to 10 CFR 2.200 et seq. (1995), that the NRC take appropriate action, e.g., pursuant to 10 CFR, Part 2, Appendix C (1995).  The request will specify the NRC action or actions that the Department is requesting.

c)         If the owner fails to demonstrate to the Department that the owner is in compliance within 10 days after the notification provided for in subsection (a) of this Section, the Department shall issue a Preliminary Order and Notice of Opportunity for Hearing in accordance with 32 Ill. Adm. Code 200.  The owner aggrieved by such order may within 15 days submit a written request for a hearing to the Department, which shall thereafter hold an adjudicatory hearing in accordance with Section 16 of the Boiler and Pressure Vessel Safety Act, the Illinois Administrative Procedure Act and 32 Ill. Adm. Code 200.

1)         If, after the hearing, the Director finds that the owner or organization was in compliance with the requirements of this Part, the Director shall issue to the owner an Order of Compliance or issue such other order as appropriate.

2)         If, after the hearing or default, the Director finds that the owner is not in compliance with the requirements of this Part, the Director will render a final decision which may include denying an application for, or suspending or revoking, an affected Inspection Certificate.

d)         All final administrative decisions of the Director under this Part shall be subject to judicial review pursuant to Section 16 of the Boiler and Pressure Vessel Safety Act.

(Source:  Amended at 20 Ill. Reg. 6455, effective April 26, 1996)