Illinois General Assembly - Illinois Compiled Statutes

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420 ILCS 56/45

(420 ILCS 56/45)

Sec. 45.

Agency authority in case of immediate
threat to health.

  Notwithstanding any other provision of this Act, whenever
the Agency finds that a condition exists that constitutes an immediate
threat to the public health or safety, the Agency is authorized to do all
of the following:

(a) Enter onto public or private property and take possession of or
require
the immediate cessation of use of laser systems that pose an immediate threat
to health or safety.

(b) Enter an order for abatement of a violation of a provision of this
Act or a rule adopted or an order issued under this Act that
requires immediate action to protect the public health or safety. The order
shall recite the existence of the immediate threat and the findings of the Agency
 pertaining to the threat.  The order shall direct a response that
the Agency determines appropriate under the circumstances, including but
not limited to all of the following:

(1) Discontinuance of the violation.

(2) Rendering the laser system inoperable.

(3) Impounding of a laser system possessed by a

person engaging in the violation.

Such order shall be effective immediately but shall include notice of the
time and place of a public hearing before the Agency to be held within 30
days of the date of the order to assure the justification of the order. On
the basis of the public hearing, the Agency shall continue its order in
effect,
revoke it, or modify it.  Any party affected by an order of the Agency 
shall
have the right to waive the public hearing proceedings.

(c) Direct the Attorney General to obtain an injunction against a person
responsible for causing or allowing the continuance of the immediate threat to
health or safety.

(Source: P.A. 95-777, eff. 8-4-08.)