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)