Section 1845.20  Final Assessment and Payment of Penalty

a)         If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in 62 Ill. Adm. Code 1847.5, the proposed assessment shall become a final administrative decision of the Department and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

b)         If the person to whom a notice of violation or cessation order is issued, or any other party, requests judicial review of a final order of the Department, the proposed penalty paid in accordance with Section 1845.18(a) shall continue to be held in escrow until completion of the review.  Absent a request for judicial review, the escrowed funds shall be transferred to the Department in payment of the penalty.

c)         Civil penalties owed under Section 1845.20 may be recovered by the Department in a civil action.

d)         If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the Department within fifteen (15) days after the order is mailed to such person.

(Source:  Amended at 17 Ill. Reg. 10926, effective July 1, 1993)