Section 200.1070  Immediate Suspension Without Notice of Hearing

a)         Whenever the Department finds, based upon reasonable belief from on‑site observation, record inspection by Department personnel, information received from law enforcement personnel or information received from the public, that an explosives licensee's, a temporary explosives licensee's or a storage certificate holder's violation of the Act or this Part may cause death, serious injury or property damage, the Department shall issue an order immediately suspending the license or certificate.  This Section shall also apply to any individual who no longer meets the licensing and/or storage requirements set forth by the Act.  The Department has the right to seize the explosives license, temporary explosives license, or explosive materials through its agents or local law enforcement personnel.

b)         The Department shall serve its order of immediate suspension of a license or certificate under this Section by personal service.  The order shall also be sent by certified mail to the licensee's or certificate holder's last known address.

c)         The Department shall serve an order of immediate suspension and a notice containing the information set forth in Section 200.1010.  The notice will also inform the explosives license holder, the temporary explosives license holder or the storage certificate holder that the failure to request a hearing in accordance with Section 200.1005 of this Part shall result in the automatic issuance of a final administrative decision revoking the license or certificate.

d)         Any occurrence of a violation of this Part constitutes grounds for the immediate suspension of a license or certificate.  A second or subsequent occurrence of a violation requires the Department to immediately suspend a license or certificate.

(Source:  Amended at 48 Ill. Reg. 9600, effective June 24, 2024)