HB4762sam001 98TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 5/5/2014

09800HB4762sam001 LRB098 16072 MGM 59022 a

AMENDMENT TO HOUSE BILL 4762

AMENDMENT NO. ______. Amend House Bill 4762 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Commercial Feed Act of 1961 is amended by changing Section 14.2 as follows:

(505 ILCS 30/14.2) (from Ch. 56 1/2, par. 66.14.2)

Sec. 14.2. Administrative penalties. Suspension or revocation of registration or firm license; Administrative hearings and penalties. The Department may suspend or revoke any registration issued under Section 4 of this Act for violation of the Act or any rules adopted pursuant thereto.

(a) The Department may, upon its own motion or and shall upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for a penalty refusal, suspension, or revocation of a product registration, under this Act, investigate the actions of any applicant or any person or persons applying for, holding, or claiming to hold a product registration or firm license. In addition to any other penalty under this Act, when the Director finds that any person has violated any of the provisions of this Act, the Director or his or her agent may institute administrative hearing proceedings and, upon determination of a violation, shall levy, and the Department shall collect, administrative penalties as follows:

(1) $500 for neglect or refusal to comply with provisions of this Act, its rules, or any lawful order of the Director after receipt of notice in writing;

(2) $500 for every distribution of a commercial feed that has been placed under a stop-sale order;

(3) $500 for the manufacture or distribution of any commercial feed that is adulterated;

(4) $500 for distribution of a commercial feed that is misbranded;

(5) $500 for concealing facts or conditions, impeding, obstructing, hindering, or otherwise preventing or attempting to prevent the Director, or his or her duly authorized agent, in the performance of his or her duty in connection with the provisions of this Act;

(6) $500 for any unauthorized disposal of a commercial feed that is under a stop-sale order; and

(7) $500 for failure to comply with any provisions of this Act or its rules, except as provided under this Section.

All penalties collected shall be deposited in the Feed Control Fund.

(b) The Department may, upon its own motion, investigate the actions of any applicant or any person or persons holding or claiming to hold a product registration or firm license. After an opportunity for an administrative hearing, the Department may suspend or revoke any product registration or firm license applied for or issued under Section 4 of this Act if:

(1) the registrant used fraudulent or deceptive practices to secure a license or product registration;

(2) the registrant fails to pay fees or penalties or file reports as required by this Act; or

(3) the registrant fails to comply with any provisions of this Act or its rules.

At least 10 days before the date set for the hearing, the Director shall notify in writing the applicant for or holder of a product registration or firm license, or other person subject to this Act, hereinafter called the respondent, that a hearing will be held on the date designated to determine whether the respondent has violated this Act, and shall afford the respondent an opportunity to be heard in person or by counsel. The administrative hearing shall be conducted under the Department's rules applicable to formal administrative proceedings the Director shall notify in writing the applicant for or holder of a product registration or firm license, referred to as the respondent in this Section, that a hearing will be held on the date designated to determine whether the respondent is entitled to hold a product registration or firm license and shall afford the respondent opportunity to be heard in person or by counsel.

If it is determined after an administrative hearing, either in the presence or absence of the person notified, that any of the provisions of this Act or rules issued under it have been violated, the Director may certify the facts to the proper prosecuting attorney for the institution of criminal charges against a violator.

The Department, over the signature of the Director, is authorized to issue subpoenas and bring before the Department any person or persons in this State to take testimony, either orally, by deposition, disposition or by exhibit, in the same manner prescribed by law in judicial proceedings and civil cases in the circuit courts of this State. The Director is authorized to issue subpoenas duces tecum for any or all records relating to the commercial feed distributor's or registrant's business in question.

(Source: P.A. 87-664.)".