Section 609.100  Administrative Appeal and Hearing

a)         Any person may petition the Agency for reconsideration of any:

1)         Denial by the Agency to issue a Permit to that person;

2)         Summary suspension of a Permit issued to that person; or

3)         Civil penalty imposed on that person.

b)         The petition shall be made in writing, shall be directed to the Chief, Bureau of Radiation Safety, Illinois Emergency Management Agency, 1035 Outer Park Drive, Springfield, Illinois, 62704, and shall state concisely and with particularity the reasons for the petition.  The Agency shall provide a copy of the petition to the Commission.

c)         Any person petitioning the Agency for reconsideration has the right to a hearing before the Agency.  The request for a hearing shall be filed with the petition.  Petitions shall be filed within 30 calendar days after notice of the:

1)         Denial of a Permit;

2)         Summary suspension of a Permit; or

3)         Imposition of a civil penalty.

d)         Failure of a petitioner to comply with the requirements of this Part with respect to petitions for reconsideration or requests for a hearing shall be grounds for denial of the petitioner's request.

e)         All hearings under this Part, as well as administrative hearings ordered by the Agency that could result in the revocation or suspension of a previously issued Permit to a person, shall be governed by the procedures set forth in the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and in 32 Ill. Adm. Code 200.  The Agency shall provide notice of these hearings to the Commission.

(Source:  Amended at 38 Ill. Reg. 12088, effective May 29, 2014)