Section 1843.14  Service of Notices of Violation, Cessation Orders, and Show Cause Orders

a)         A notice of violation, cessation order or show cause order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:

1)         By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order.  If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued.  Service shall be deemed complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

2)         As an alternative to subsection (a)(1) above, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent, or by any alternative means consistent with the rules governing service of a summons and complaint in the Illinois Circuit Courts. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.

b)         The designation of an agent for service of notices and orders shall be made in writing to the Department.

c)         The Department shall furnish copies of the notice or order to any person on request.

(Source:  Amended at 17 Ill. Reg. 11095, effective July 1, 1993)