TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.10 PURPOSE
Section 172.10 Purpose
The Illinois Petroleum Equipment Contractors Licensing Act
(PECLA) [225 ILCS 729] is designed to ensure the quality of petroleum or
hazardous substance Underground Storage Tank (UST) work in Illinois meets the
highest standards, as well as all applicable statutory and regulatory
requirements. Meeting those standards and requirements will assure the owners/operators
of USTs and the citizens of Illinois that the environment, citizen safety and
the owner’s/operator’s businesses are getting the best service and protection
possible.
(Source: Amended at 47 Ill. Reg. 6755,
effective May 2, 2023)
 | TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.20 THREE YEAR PHASE-IN (REPEALED)
Section 172.20 Three Year Phase-In (Repealed)
(Source:
Repealed at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.30 DEFINITIONS
Section 172.30 Definitions
Unless otherwise provided by the definitions within this
Section, all terms in this Part shall be as defined in 41 Ill. Adm. Code
174.100.
"Certified employee" is
an individual who performs UST activity for an OSFM-licensed contractor and has
successfully completed and filed proof with OSFM of
completion of ICC or other OSFM approved exams for the module in which the
employee is conducting UST activity or meets requirements under Section
172.40(b).
"Contractor Notice of
Violation" (CNOV) is a notice to an OSFM-licensed contractor identifying specific
violations of the UST rules (41 Ill. Adm. Code 172, 174, 175, 176, and 177).
"License restoration" is
the process of an OSFM-licensed contractor renewing a license after it has
expired.
"Managerial or administrative
control" means having authority to conduct the affairs of the organization
and direct others in the conduct of the affairs or business of the organization.
"Non-certified
employee" means the employee of a licensed contractor who possesses the
OSHA training and certification required by Section 172.60 and is working under
the supervision of a certified employee.
"Officer"
means:
If the organization is a sole
proprietorship, the owner of the organization or any person exercising
managerial control.
If the organization
is a partnership, any partner who has at least 10% ownership interest or any
partner who exercises managerial control.
If the organization
is a corporation or other business entity, any officer, director or managing
member of the corporation or other business entity or any person who has at
least 10% ownership interest in such corporation or other business entity or
who exercises managerial control.
"Organization" means a
business or other entity, including, but not limited to, a sole proprietorship,
partnership, corporation, limited liability company or association and includes
units of local government, the State of Illinois and the Federal Government.
"PECLA" means Petroleum
Equipment Contractor Licensing Act [225 ILCS 729].
"Penalty process" means the
process by which a contractor may be issued a civil monetary penalty or other
sanctions including, but not limited to, license suspension or license revocation.
This process starts with an inspection and the issuance of a CNOV and then can
lead to either a citation imposing a civil penalty or a formal hearing seeking
a license revocation, suspension, or other action.
"Person" is a natural
person or any company, corporation or other business entity.
(Source: Amended at 47 Ill. Reg. 6755,
effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.40 LICENSURE REQUIREMENTS
Section 172.40 Licensure Requirements
a) No
person shall engage in any UST activity without first applying for and
obtaining a license from the OSFM. All contractors performing UST activity in
Illinois must hold the license required under PECLA and this Part for each
module in which work is performed and shall be required to meet the standards
for that work module established by 41 Ill. Adm. Code 172, 174, 175, 176 and
177 and the requirements of 29 CFR 1910.120. Licensure is for a 2-year
period. Applicants for a license to become a contractor must comply with the
Petroleum Equipment Contractors Licensing Act [225 ILCS 729] as evidenced by
the licensure submissions required by this Section.
b) An
application for a new contractor license shall be made on-line at the UST
Applications and Forms page for OSFM's Division of Petroleum and Chemical
Safety (DPCS) at the following link: https://webapps.sfm.illinois.gov/USTPortal/Contractor/Application.
Renewal of licenses shall be applied for at the UST Portal after the licensee
logs in to their secure account at the UST Applications and Forms page for DPCS
at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2fUSTPortal.
The licensure application shall include the following submissions:
1) If
seeking a license as a contractor:
A) the
State license application and licensing fee required by Section 172.70;
B) the
names of all of the contractor's certified employees, on the OSFM prescribed
form, stating any UST module in which the employee is certified. Contractors
are required to be certified if a sole proprietor, or have a certified employee,
for each UST module for which they are applying to be licensed;
C) an
original annual certificate of general liability insurance in a minimum of
$1,000,000 for each occurrence, with the OSFM as certified holder;
D) evidence
of a passing score on the required OSFM approved exam for the module for which
licensure is being sought. The evidence must be an original certification that
includes a photo of the individual taking the exam, supplied by the exam
provider, or other copy of the certification as approved by OSFM;
E) proof
of successful completion of initial 40-hour OSHA training and subsequent 8-hour
refresher course; and
F) evidence
of current registration and proof of status of good standing with the Illinois
Secretary of State, as applicable for the form of business entity applying for
licensure, or if a sole proprietor, evidence of compliance with the Assumed
Business Name Act [805 ILCS 405].
2) If
seeking a license as a tank or line precision tester, in lieu of a passing
score on the required OSFM approved exam for the tank or line precision testing
module, the certified employee may designate the testing methods for which a
license is sought and provide proof that he/she, or any certified employee
conducting testing, is certified by the manufacturer of the testing equipment.
Such proof shall be submitted at the time of license application and shall reflect
certification for the license period and the equipment being used, or that the
applicant has passed an OSFM approved exam.
3) If
seeking a license in the module that authorizes lining or internal inspections
of tank linings, the applicant additionally shall provide proof that the applicant has designated at least one certified employee
conducting lining activity, that is approved by the manufacturer of the lining
material as qualified and trained in the application of the material and has
adequate equipment to perform the interior lining safely. The applicant must
also possess licensure in the decommissioning module. The certified employees
designated by the applicant shall possess the qualifications required for both
the lining and the decommissioning modules. Such proof shall be submitted at
the time of license application and reflect certification for the license
period and the equipment being used.
4) If seeking a license in the module that
authorizes inspection and testing of UST equipment, the applicant shall designate
the testing methods for which a license is sought and provide proof that the
certified employee has passed the required OSFM-approved exam for the
installation/retrofitting module or has the credentials and training as
required by the manufacturer's recommended procedures and instructions. The
employing licensed contractor may certify the employee has the requisite
credentials and training. Such proof shall be submitted at the time of license
application and shall reflect certification for the license period and the
equipment being inspected or tested.
(Source:
Amended at 48 Ill. Reg. 12822, effective August 7, 2024)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.50 LICENSED CONTRACTOR'S EMPLOYEE CERTIFICATIONS
Section 172.50 Licensed Contractor's Employee
Certifications
a) A
certified employee is an individual who performs a UST activity for a licensed
contractor and has successfully completed OSFM prescribed exams for the module
in which the employee is conducting the UST activity, or meets other
requirements under Section 172.40(b).
b) A
contractor shall have at least one employee certified for the permitted UST
activity, unless the contractor itself is an individual contractor who is so
certified.
c) A
contractor shall have at least one employee certified in the UST activity for
which the permit was issued actively supervising the UST activity being
performed on the job site, unless the contractor itself is an individual who is
so certified and supervises the work. At all times during UST operations, there
shall be a certified employee or certified individual contractor on the job
site; subcontractors are not employees.
d) Certified
employees of licensed contractors shall possess a wallet card or proof of
certification verifying successful passage of OSFM approved exams, or for
precision testing or inspection and testing of UST equipment, proof of
certification by the manufacturer. The wallet card or proof of certification must
be carried by the certified employee on UST job sites at all times and shall be
available upon request by any OSFM representative.
e) Licensed
contractors and any of their employees performing a UST activity shall possess
OSHA Identification Cards or proof of certification, described in Section
172.60, on UST job sites at all times that shall be made available upon request
by any OSFM representative.
f) Licensed
contractors in all UST activity modules are required to follow the scheduling
requirements for date certain and/or time certain schedules established by
DPCS. For all permitted inspections, scheduling with OSFM shall be done in
advance by the contractor on-line via the UST contractor portal, located at the
UST Applications and Forms page for the DPCS at https://webapps.sfm.illinois.gov/USTPortal/Home/Login?ReturnUrl=%2FUSTPortal.
Submission of any completed testing forms required by OSFM rule shall also be
submitted on-line at the UST portal.
g) UST
activities may be shut down by any OSFM DPCS manager, supervisor, or Storage
Tank Safety Specialist (STSS) if individual contractors or their employees are
not in compliance with subsections (a) through (f). Such work shall not resume
until approval is granted by the OSFM.
(Source: Amended at 48 Ill. Reg. 12822,
effective August 7, 2024)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.60 POSSESSION OF OSHA IDENTIFICATION CARDS
Section 172.60 Possession of OSHA Identification Cards
a) Licensed
contractors, their certified employees and non-certified workers working in a
UST activity, and subcontract excavation operators (involved in UST related
operations) shall possess, on UST jobsites at all times, 40-hour General Site
Worker Program Identification Cards and any valid Refresher Cards that comply
with OSHA standards. Cards shall be produced upon request by any OSFM DPCS
manager, supervisor, or STSS. The card requirement is applicable only to UST
installations, upgrades, repairs, lining, removals, abandonments-in-place and
physical interior inspections. All workers in the UST excavation zone shall
carry both the 8 hour and 40 hour OSHA cards or certificates or other proof of certification. If a
person is unable to produce proof of both cards, that person will be required
to leave the excavation zone immediately.
b) Electricians,
truck drivers, concrete masons, canopy erectors, crane operators, or
underground tank manufacturers or their authorized representatives working in
activities that involve their area of specialty only are not required to have
the Site Worker Program Identification Card but must comply with the standards
established by the OSHA General Site Worker Program (29 CFR 1910.120,
incorporated by reference in Section 174.210).
c) When
permitted UST activity is being conducted, compliance with the OSHA standards
will be accomplished by direct (line of sight) supervision by the permit
holding licensed contractor or the contractor's certified employee for those
people entering the work area.
d) UST
activities may be shut down by any OSFM DPCS manager, supervisor, or STSS, if
individual contractors or their employees are not in compliance with this
Section. Such work shall not resume until approval is granted by the OSFM.
(Source: Amended at 47 Ill. Reg. 6755,
effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.70 FEES
Section 172.70 Fees
a) All
fees are payable at the time of submission of the relevant application. The
payment is to be by check or money order payable to "Office of the State
Fire Marshal", or by electronic payment via the UST contractor portal (located
at the UST Applications and Forms page for the DPCS at
http://webapps.sfm.illinois.gov/USTPortal/Home/Login?Returnurl=%2fUSTPortal,
and is to be from the licensed contractor obtaining the permit. New
contractors applying for a license for the first time shall utilize the
application for a new contractor license, located at the DPCS UST Applications
and Forms page at https://webapps.sfm.illinois.gov/USTPortal/Contractor/Application.
All licensure fees will be deposited in the Fire Prevention Fund.
b) Fee Schedule:
|
Type of Fee:
|
Fee:
|
|
Biennial licensing
|
$1000 per UST module
|
|
UST activity permit
|
$200 each
|
|
License restoration
|
$50 plus $1000 per module
|
|
Multiple location license
|
$50 each location
|
|
Change of name if no FEIN change
|
$0
|
|
Change of name with new FEIN or ownership (new license)
|
$1,000 per UST module
|
c) All
fees paid pursuant to this Part are non-refundable. This shall not preclude
the OSFM from refunding accidental overpayment of fees.
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.80 LICENSURE OF OUT-OF-STATE CONTRACTORS (REPEALED)
Section 172.80 Licensure of Out-of-State Contractors
(Repealed)
(Source: Repealed at 47 Ill. Reg. 6755,
effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.90 ISSUANCE OF LICENSE; RENEWAL; RESTORATION; REPLACEMENT
Section 172.90 Issuance of License; Renewal; Restoration;
Replacement
a) The OSFM
shall, upon the applicant’s satisfactory completion of the requirements of this
Part, and upon receipt of the fees required by Section 172.70, issue the appropriate
license showing the name and business location of the licensee, the module for
which the applicant is being licensed, and the date of issuance and of expiration.
Each licensee shall prominently display the license at each place from which
the UST activity is being performed.
b) Each
licensee may apply for biennial renewal of the relevant license upon completion
of the license renewal application demonstrating compliance with the licensing
requirements in this Part and payment of the fee set forth in Section 172.70. Renewal
and restoration fees shall be waived for persons who did not renew while on
active duty in the military and who file for renewal or restoration within one
year after discharge from the service. An expired license may not be restored except
upon passing an examination to determine fitness to have the license restored
and by paying the restoration fee specified in Section 172.70.
c) All
licenses will be issued for a two-year period. The OSFM shall notify license
holders in writing 2 months in advance of their license expiration date at the
UST contractor portal (available at the website cited in Section 172.40(b)).
However, failure of a licensee to receive advance notification from OSFM does
not relieve the licensee from responsibility for timely license renewal.
d) If a
licensee wishes to change the name appearing on the license, the OSFM shall issue
licenses in the new name, upon satisfactory proof that the change of name was
done in accordance with law and upon payment of the fee established in Section 172.70.
Any change in ownership or Federal Employer Identification Number (FEIN) requires
a new license application and payment of the license fee.
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.100 REPORTING
Section 172.100 Reporting
a) As a
condition of renewal of a license, the OSFM may require the licensee to report
information pertaining to the licensee's practice (e.g., history of CNOVs in
last 2 years, verification of work with firms, history of OSHA violations,
etc.) that the OSFM determines to be in the interest of public safety.
b) A
licensee shall report a change in home or office address and UST employee
status within 10 days after the change.
c) Licensees
shall submit notification at the UST
contractor portal cited in Section 172.40(b) of:
1) Termination of
employment of a certified employee;
2) Re-certification to
perform a UST module by an employee;
3) Certification
to perform a UST module by an employee not previously certified or not
previously certified to perform that module; or
4) Any
other change to the contractor's qualifications for, or authorizations provided
by, the contractors OSFM-issued license, including which module the contractor
or certified employee is authorized to perform UST activity under.
d) These
notifications shall be submitted to the OSFM within 30 days after the
occurrence.
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.110 DISCIPLINARY ACTIONS RELATED TO CONTRACTOR NOTICE OF VIOLATIONS (CNOV)
Section
172.110 Disciplinary Actions Related to Contractor Notice of Violations (CNOV)
Disciplinary actions and administrative citations result
from the issuance of a CNOV. The CNOV is issued by an STSS and copies are
provided to the licensed contractor. CNOVs result from violations in one or
both of two categories:
a) Administrative
or quality control violations are minor when taken individually, but have a
major impact when recurring within the preceding 12 months.
1) Administrative
violations include, but are not limited to, a failure to abide by the
regulatory requirements found at 41 Ill. Adm. Code 172, 174, 175, 176, and 177
in regards to permitting, scheduling, licensing, technical oversight, or
submission of documentation. Examples include:
A) the
failure to have an active permit authorizing the specific permitted activity,
or other violations of permit conditions, terms, or permitting requirements;
B) the
failure to be ready for a date certain/time certain activity or final
inspection, or other violations of scheduling requirements;
C) the
failure to have an employee certified in the specific required module on site
actively supervising the work, or other violations of licensing requirements or
related administrative requirements;
D) the
failure to submit a completed OSFM like-for-like replacement form following a
like-for-like replacement, the failure to submit a completed OSFM test results
form where required, or other violations of requirements for submission of
completed OSFM forms by the licensed contractor; and
E) the
failure to comply with any OSFM rule governing the work being done by a
licensed contractor.
2) Quality
control violations include, but are not limited to, a failure to abide by the
technical requirements found at 41 Ill. Adm. Code 174, 175, 176, and 177 for a UST
design, construction, installation, repair, upgrade, inspection, removal or
abandonment in place. Examples include:
A) The
failure to comply with motor fuel dispensing facility requirements for a UST
system. Examples include: a failure to install a sufficient number of E-stops
or the failure to install E-stops within the correct distances.
B) The
failure to comply with requirements for UST design, installation and
construction. Examples include:
i) a
failure to have pipe trenches wide enough or deep enough or sloped to tanks
properly, or to have pipes spaced properly;
ii) a
failure to test the UST tank prior to installation, or other violations of
requirements for construction and installation of a UST;
iii) the
failure to use appropriate backfill material for UST installation; or
iv) the
failure to have electrical equipment installed in accordance with NFPA 70.
C) The
failure to comply with requirements for corrosion protection for a UST system.
Examples include: a licensed contractor's failure to di-electrically protect
all steel risers, vents, and fill pipes in contact with the ground, backfill,
or water.
D) The
failure to comply with requirements for release detection for a UST system.
Examples include: a failure to have a release detection system installed and
calibrated according to manufacturer specifications and instructions.
E) The
failure to comply with requirements for repairs for a UST system or defective UST
equipment. Examples include: a failure to repair or replace system components
using correct equipment or materials or to conduct repairs in accordance with
manufacturers recommended procedures and specifications.
F) The
failure to comply with requirements for permanent closure for a UST system,
including removal, abandonment-in-place and change in service.
G) The
failure to comply with compliance certification requirements for a UST.
Examples include the removal of a red tag by any licensed contractor to fill a
UST for testing or other reasons.
H) The
failure to comply with containment requirements. Examples include a failure to
install required containment under dispensers or perform testing on containment
prior to backfilling.
I) The
failure to comply with requirements for piping, venting, and pumps. Examples
include installation of vents and pipes at unapproved locations.
J) The
failure to comply with an applicable technical code or any OSFM administrative
rule governing the work being done by a licensed contractor.
b) Safety
violations pose a potential or imminent grave danger to the environment and the
health and safety of the citizens of Illinois and are of such a grave nature as
to result in the immediate shut-down of the job site, issuance of an
administrative citation and possible suspension of contractor activity in any
or all OSFM-licensure modules. OSFM may also consider property damage or personal
injury caused by a violation of regulatory requirements, found at 41 Ill. Adm.
Code 174, 175, and 176, in categorizing a violation as being a safety
violation. Examples include the following:
1) Licensed
contractor failed to provide excavation sloping, benching, stepping, or shoring
sides or to abide by 29 CFR 1926.
2) Licensed
contractor failed to have sufficient equipment, for example, with sufficient
lifting capacity for the intended UST activity.
3) Licensed
contractor failed to maintain the required exclusion zone while working on the
UST system.
4) Licensed
contractor failed to comply with UST tank entry procedures outlined in API
2015.
5) Licensed
contractor failed to follow API 1604, including the failure to remove all
petroleum or hazardous substance from the tank or connecting lines prior to the
removal or abandonment-in-place process.
6) Licensed
contractor failed to install anchoring and the tank or tanks floated.
7) Licensed
contractor failed to vapor free in accordance with API 1631.
8) The licensed
contractor excavated along the side or end of a tank prior to vapor freeing or
inerting the tank itself, or without having STSS on site.
9) The licensed
contractor did not use explosion-proof pumps to remove liquids from the tank or
tanks prior to a UST removal, abandonment-in-place or lining inspection
process.
10) The
failure to comply with any OSFM administrative rule, causing the work being
done by a licensed contractor to jeopardize public health or safety.
c) The failure
to comply with the Act or this Part by any licensee may subject the licensee to
administrative action, including, but not limited to, suspension, revocation or
refusal to issue or renew a license and the assessment of fines.
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.120 CONTRACTOR NOTICE OF VIOLATION CITATIONS AND PENALTY PROCESS
Section
172.120 Contractor Notice of Violation Citations and Penalty Process
Pursuant to Section 172.110, violations may be categorized
as administrative, quality control, or safety. Penalties will be applied to
CNOVs based on the following criteria:
a) All
CNOVs will remain in the licensed contractor’s file. The penalty process will
be based on active CNOVs. Active CNOVs for purposes of the penalty process will
be those that occurred in the 12 months prior to the date of CNOV issuance. Only
those CNOVs issued after May 2, 2023 can be considered active for purposes of
this Section.
b) Penalty
assessment for CNOVs will be calculated utilizing the following method:
1) Licensed
contractors may receive CNOVs for three administrative or quality control
violations that occurred in the 12 months prior to the date of CNOV issuance
without incurring a fine. Upon receipt of a CNOV for a fourth or subsequent
administrative or quality control violation within the 12 months prior to the
date of CNOV issuance, DPCS shall issue an administrative citation imposing a
civil fine under the following penalty structure:
|
Fourth violation:
|
$250
|
|
Fifth violation:
|
$500
|
|
Sixth violation:
|
$750
|
|
Seventh violation:
|
$1,000
|
|
Eighth and each subsequent administrative
or quality control violation:
|
$1,250
|
2) Upon
receipt of a CNOV for a safety violation, DPCS may issue an administrative
citation imposing a civil fine under the following penalty structure:
|
First violation with no property damage or no personal
injury:
|
$1,000
|
|
First violation with property damage but no personal
injury:
|
$2,500
|
|
First violation with personal injury:
|
$5,000 and a review for a possible license suspension or
revocation in any or all modules held by the licensee.
|
|
Second and each subsequent safety violation:
|
all penalties double and a review for a possible license suspension
or revocation in any or all modules held by the licensee.
|
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.130 REVIEW PANEL (REPEALED)
Section 172.130 Review Panel (Repealed)
(Source:
Repealed at 47 Ill. Reg. 6755, effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.140 PROCEDURES FOR ADMINISTRATIVE CITATIONS AND ADMINISTRATIVE CITATION APPEALS
Section 172.140 Procedures for
Administrative Citations and Administrative Citation Appeals
Except as otherwise may be required under the Illinois
Administrative Procedures Act [5 ILCS 100], this Section provides the
procedures for administrative citations and administrative citation appeals
under Section 73 of the Petroleum Equipment Contractors Licensing Act [225 ILCS
729/73].
a) Enforcement
action that results in the issuance of an administrative citation shall begin
with the issuance of a CNOV by OSFM. A copy of the CNOV shall be left with any licensed
contractor's certified employee, officer, managing member, or other agent of
the contractor at the UST facility or other location where the contractor is
working at the time of inspection or may be mailed or served by other legal
process.
b) Issuance
of an Administrative Citation
1) The
OSFM may issue an administrative citation pursuant to Section 73 of the
Petroleum Equipment Contractors Licensing Act [225 ILCS 729/73] and serve the
administrative citation by personal service or certified mail to the licensee
at the licensee's last known address as listed with the OSFM. The citation
shall be issued to the licensee and shall contain the licensee's name and
address, the licensee's license number, a brief factual statement, the Sections
of the law or rules allegedly violated, and the penalty imposed in
accordance with Section 172.120. The citation must clearly state that the
licensee may choose, in lieu of accepting the citation, to request a hearing to
appeal the citation. If the licensee does not file a written appeal of the
citation with the Office of the State Fire Marshal within 15 days after the
citation is served, then the citation shall become a final order imposing a
monetary penalty. A written appeal will be deemed to be timely if it is
postmarked no later than the time period allowed. Failure to timely satisfy
the penalty assessed may result in a censure or suspension or other
disciplinary action on the license for the violations noted. (See also 225 ILCS
729/80(a)(3))
2) Payment
of the administrative citation penalty does not absolve the outstanding
violations related to its licensing or other regulatory obligations.
Administrative citations and penalties issued under this Section shall not
limit the authority of the OSFM under other sections of law to issue orders,
revoke permits, stop work on construction, or take any other appropriate
enforcement action.
c) In
the event of a timely written appeal, the OSFM shall conduct an administrative
hearing governed by this Section and the Illinois Administrative Procedure Act
[5 ILCS 100]. Notice of the time and place for any hearing shall be given to
any party concerned at least 30 days prior to the hearing date. If an attorney,
through written communication, is known to represent any party to a hearing,
then notice is to be given to that attorney. A corporation, limited liability
company, professional limited liability company, or partnership must appear by
legal counsel, licensed to practice in the State of Illinois or appearing pro
hac vice, who must file an appearance with the OSFM. Notice sent to the last
known address by U.S. Mail, registered or certified, addressed to all parties
or their agents appointed to receive service of process, or their attorneys
when applicable, is sufficient.
1) The
notice of hearing shall include the following:
A) The
date, time, place and nature of the hearing.
B) A
statement of the legal authority and jurisdiction under which the hearing is to
be held.
C) A
reference to the particular Sections of the substantive and procedural statutes
and rules involved.
D) A
short and plain statement of the matters asserted, the consequences of a
failure to respond, and the case number or file number.
E) To the
extent such information is available, the names, phone numbers, email
addresses, and mailing addresses of the parties and designated agency contact,
and if known, of any assigned hearing officer.
2) Document
Exchange. At any pre-hearing conference, or if none, prior to the start of the
hearing, the parties shall exchange a list of those witnesses who may testify
at hearing and any exhibits or documents that may be identified at hearing.
3) Continuances.
A hearing officer may, for good cause, grant a continuance at the request of a
party or a continuance on the hearing officer's own motion.
4) Default.
Failure of a party to appear on the date set for hearing or failure to proceed
as ordered by the OSFM shall constitute a default and the administrative
citation appealed from shall become final. Appeals, petitions, motions or
other requests for relief that are not prosecuted diligently may be dismissed
for want of prosecution.
5) At
the close of the evidence, or upon receiving the recommended decision of the
hearing officer with findings of fact and conclusions of law, the OSFM shall
enter an order to sustain, modify, or revoke the administrative citation. Any
appeal from such OSFM final order shall be to the circuit court of the
county in which the violation took place and shall be governed by the
Administrative Review Law [735 ILCS
5/Art. III] [225 ILCS 729/73(a)].
6) Nothing
in this Section shall prohibit the informal disposition of an administrative
citation by stipulation, agreed settlement, or consent order. Informal
disposition may proceed with clear and simple documentation without complete
adherence to this Section.
(Source: Amended at 47 Ill. Reg. 6755,
effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.150 STATUS OF LICENSED CONTRACTOR DURING APPEAL OF ADMINISTRATIVE CITATION
Section 172.150 Status of Licensed Contractor During
Appeal of Administrative Citation
During the time an administrative citation is under appeal,
the licensed contractor may continue to work in Illinois unless, in the opinion
of the OSFM, continued work by this contractor poses a significant threat to
the environment or the health and safety of citizens of Illinois.
(Source: Amended at 47 Ill. Reg. 6755,
effective May 2, 2023)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.160 HEARING PROCEDURES FOR FORMAL CHARGES
Section 172.160 Hearing Procedures for Formal Charges
a) The
procedures of this Section shall govern any appeal of formal charges seeking to
impose disciplinary action under Section 80(a) of the Petroleum Equipment
Contractors Licensing Act [225 ILCS 729/80(a)].
b) Each
licensee whose conduct is the subject of a formal charge that seeks to impose
disciplinary action against the licensee shall be served notice of the formal
charge at least 30 calendar days before the date of the hearing. The hearing
shall be presided over by a hearing officer authorized by the OSFM in
compliance with the Illinois Administrative Procedure Act. Service shall be
considered to have been given if the notice was personally received by the
licensee or if the notice was mailed certified, return receipt requested, to
the licensee at the licensee’s last known address as listed with the OSFM.
c) The
notice of a formal charge shall consist, at a minimum, of the following
information:
1) The
time, place, and date of the hearing.
2) A
statement that the licensee shall appear personally at the hearing and may be
represented by counsel.
3) A
statement that the licensee has the right to produce witnesses and evidence and
the right to cross-examine witnesses and object to evidence.
4) A
statement that the hearing can result in disciplinary action being taken
against the license.
5) A
statement of where the individual can procure the rules for the conduct of
these hearings.
6) A
statement that the hearing officer authorized by the OSFM will preside at the
hearing and, following the conclusion of the hearing, shall make findings of
fact, conclusions of law and recommendations, separately stated, to the State Fire
Marshal as to what disciplinary action, if any, should be imposed on the
licensee.
7) The OSFM
may continue the hearing.
d) The
hearing officer shall conduct the hearing. After the conclusion of a hearing,
the hearing officer shall make findings of fact, conclusions of law and
recommendations, separately stated, and submit them to the State Fire Marshal
and to all parties to the proceeding. Submission to the licensee shall be
considered as having been made, if accomplished in a similar fashion as service
of the notice of formal charges (see subsection (c)). Within 20 days after
such service, any party to the proceeding may present to the State Fire Marshal
a motion, in writing, for a rehearing that specifies the grounds for rehearing.
e) Following
the time allowed for filing a motion for rehearing, the State Fire Marshal
shall review the hearing officer’s findings of fact, conclusions of law,
recommendations and any motion for rehearing. After reviewing this
information, the State Fire Marshal may hear oral arguments, prior to issuing
an order. The report of findings of fact, conclusions of law and
recommendations of the hearing officer shall be the basis for the State Fire
Marshal’s order, in which the State Fire Marshal may accept or reject the
recommendations of the hearing officer.
f) If
the State Fire Marshal finds that substantial justice was not done, he or she
may issue an order in contravention to the findings of fact, conclusions of
law, and recommendations of the hearing officer. The finding is not admissible
in evidence against the person in a criminal prosecution brought for violation
of this Act or this Part. [225 ILCS 729/75(e)]
g) The
execution of a written Order of the State Fire Marshal will become effective
immediately and will constitute a final administrative decision subject to the
Administrative Review Law [735 ILCS 5].
(Source:
Amended at 47 Ill. Reg. 6755, effective May 2, 2023)
Section 172.APPENDIX A Contractor Violations (Repealed)
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 172
PETROLEUM EQUIPMENT CONTRACTOR LICENSING
SECTION 172.APPENDIX A CONTRACTOR VIOLATIONS (REPEALED)
Section 172.APPENDIX A Contractor Violations (Repealed)
(Source:
Repealed at 47 Ill. Reg. 6755, effective May 2, 2023)
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