(b) Civil penalties. Unless otherwise provided in this Act, any person who operates an amusement ride or amusement attraction without having obtained a permit from the Department in violation of this Act is subject to a civil penalty not to exceed $2,500 per violation per day for a first violation, a civil penalty not to exceed $5,000 per violation per day for a second violation, and a civil penalty not to exceed $10,000 per violation per day for a third or subsequent violation. Each amusement ride or amusement attraction operated in violation of this Act shall be a separate violation. Any amusement ride or amusement attraction owner or operator who violates any other provision of this Act or rule adopted under this Act shall be subject to a civil penalty not to exceed $1,000 per violation.
Prior to any determination, or the imposition of any civil penalty, under this subsection (b), the Department shall notify the owner or operator in writing of the alleged violation. The Department shall afford the owner or operator 10 business days after the date of the notice to request a hearing. Upon written request for a hearing, the Department shall schedule a formal administrative hearing in compliance with Article 10 of the Illinois Administrative Procedure Act and the Department's rules of procedure in administrative hearings, except that formal discovery, such as production requests, interrogatories, requests to admit, and depositions shall not be allowed. The parties shall exchange documents and witness lists prior to hearing and may request third party subpoenas to be issued. The final determination by the Department shall be rendered within 5 business days after the conclusion of the hearing. Final determinations made under this Section are subject to the provisions of the Administrative Review Law. In determining the amount of a penalty, the Director may consider the appropriateness of the penalty to the person or entity charged, upon determination of the gravity of the violation. The penalties, when finally determined, may be recovered in a civil action brought by the Department in any circuit court. In such civil litigation, the Department shall be represented by the Attorney General.
(Source: P.A. 103-177, eff. 1-1-24.)
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