Section 935.15  Administrative Fines

a)         General.  In accordance with Section 11 of the Act, the Department shall assess administrative fines against any person who provides housing for migrant workers when the person fails to correct violations of the Act or this Part.  Written notification of violations shall be provided by the Department and at least 10 days shall be allowed for making the corrections before any fine can be assessed.

b)         Fine Levels.  The amount of the fine shall be based on the severity of the violation and is indicated by the letter shown in parenthesis after the requirements specified in this Part.  Multiple offenses of any specific requirement shall be subject to multiple fines. The amount of the fines shall be as follows:

1)         Type A violations      $1,000

2)         Type B violations         $500

3)         Type C violations         $100

c)         Notification.  The Department shall send written notification by certified mail to the person against whom a fine has been assessed indicating any violation that was not corrected by the specified date, the amount of the fine(s), the date that the fine(s) must be paid, the address to send the payment and the procedure to follow should an administrative hearing be desired.

d)         Hearings.  All administrative hearings shall be conducted in accordance with the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

e)         Failure to Pay Fines.  All fines must be paid within 45 days after notice of violation from the Department unless an administrative hearing is conducted. If an administrative hearing is conducted, any required fines must be paid within 45 days after notification of the final decision in the administrative hearing.  Failure to pay any fine shall be grounds for initiation of license revocation or license denial.

(Source:  Added at 21 Ill. Reg. 9484, effective July 1, 1997)