Illinois Compiled Statutes 505 ILCS 120/50 – Hearing; notice; injunction
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(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
(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.
Terms Used In Illinois Compiled Statutes 505 ILCS 120/50
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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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following violations:
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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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following violations:
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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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following violations:
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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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Act or its rules.
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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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