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(505 ILCS 120/50) (from Ch. 5, par. 2801-50)
Sec. 50.
Hearing; notice; injunction.
(a) 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 orally, by deposition, 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 records relating to a soil amendment
distributor's or registrant's business.
(b) The Department, over the signature of the Director, may apply to any
court for a temporary restraining order or a preliminary or permanent
injunction restraining any person from violating or continuing to violate
any provision of this Act or its rules. An injunction issued under this
Section shall be issued without bond.
(c) When an administrative hearing is held, the hearing officer, upon
determination of a violation of this Act, shall levy and the Department
shall collect administrative penalties on a per-occurrence basis as follows:
(1) A penalty of $500 shall be imposed for the |
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(a) Neglect or refusal, after notice in writing,
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| to comply with provisions of this Act or its rules or any lawful order of the Director.
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(b) Sale, transport, disposal, or distribution of
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| a soil amendment that has been placed under a stop-sale order.
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(2) A penalty of $250 shall be imposed for the
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(a) Thwarting or hindering the Director in the
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| performance of his or her duties by misrepresenting or concealing facts or conditions.
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(b) Distribution of a soil amendment that is
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| mislabeled or adulterated.
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(3) A penalty of $100 shall be imposed for the
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(a) Distribution of a soil amendment that does
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| not have an accompanying label attached or displayed.
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(b) Failure to comply with any provision of this
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(c) Distribution in this State of any soil
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| amendment containing noxious weed seed.
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(Source: P.A. 87-394.)
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