(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
(Text of Section before amendment by P.A. 103-177)
Sec. 2-12. Order for cessation of operation of amusement ride or
attraction. (a) The Department of Labor
may order, in writing, a temporary and immediate cessation of operation of
any amusement ride or amusement attraction if:
(1) it has been determined
after
inspection to be hazardous or unsafe;
(2) it is in operation before the Director has issued a permit to operate such |
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(3) the owner or operator is not in compliance with the insurance requirements contained
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| in Section 2-14 of this Act and any rules or regulations adopted hereunder.
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(b) Operation of the
amusement ride or
amusement attraction shall not resume until:
(1) the unsafe or hazardous condition is corrected to the satisfaction of the Director
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(2) the Director has issued a permit to operate such equipment; or
(3) the owner or operator is in compliance with the insurance requirements contained in
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| Section 2-14 of this Act and any rules or regulations adopted hereunder, respectively.
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(c) The Department shall notify the owner or operator in writing of the grounds for the cessation of operation of the amusement ride or attraction and of the conditions in need of correction at the time the order for cessation is issued.
(d) The owner or operator may appeal an order of cessation by filing a request for a hearing. The Department shall afford the owner or operator 10 working days after the date of the notice to request a hearing. Upon written request for hearing, the Department shall schedule a formal administrative hearing in compliance with Article 10 of the Illinois Administrative Procedure Act and pursuant to the provisions of the Department's rules of procedure in administrative hearings, except that formal discovery, such as production requests, interrogatories, requests to admit, and depositions will not be allowed. The parties shall exchange documents and witness lists prior to hearing and may request third party subpoenas to be issued.
(e) The final determination by the Department of Labor shall be rendered within 5 working days after the conclusion of the hearing.
(f) The provisions of the Administrative Review Law shall apply to and govern all proceedings for the judicial review of a final determination under this Section.
(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14; 99-78, eff. 7-20-15.)
(Text of Section after amendment by P.A. 103-177)
Sec. 2-12. Correction notice and order for cessation of operation of amusement ride or
attraction.
(a) If, upon inspection, the Department determines that an element or elements of an amusement ride or amusement attraction are in violation of this Act or any rules adopted under this Act, the Department may issue a correction notice to the owner or operator, allowing the owner or operator to continue operating the amusement ride or amusement attraction but requiring the owner or operator to address the deficiency and come into compliance with adopted standards by a set deadline. If the owner or operator does not meet the deadline established in the correction notice, the Department may issue a cessation order as described in subsection (a-5) of this Section.
(a-5) The Department
may order, in writing, a temporary and immediate cessation of operation of
any amusement ride or amusement attraction, also known as a "stop order", if:
(1) it has been determined
after
inspection to be hazardous or unsafe;
(2) it is in operation before the Director has issued a permit to operate such
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(3) the owner or operator is not in compliance with any of the requirements contained
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| in this Act or any rules or regulations adopted under this Act.
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(b) After the cessation of operation, operation of the
amusement ride or
amusement attraction shall not resume until:
(1) the unsafe or hazardous
condition is corrected to the satisfaction of the Director;
(2) the Director has issued a permit to operate such equipment; or
(3) the owner or operator is in compliance with the requirements contained in this Act
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| and any rules or regulations adopted under this Act.
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(c) The Department shall notify the owner or operator in writing, via certified mail, service by sheriff, personal service, or in person, of the grounds for the cessation of operation of the amusement ride or attraction and of the conditions in need of correction at the time the order for cessation is issued. The Department may also notify the county sheriff or other local law enforcement where the amusement enterprise is operated that the Department has issued a cessation order to that enterprise. The Department shall post or shall require the owner or operator to post a notice at the entrance to the amusement enterprise stating that a cessation order has been issued for the attraction. The notice shall remain posted until the cessation order has been lifted by the Department.
(c-5) Upon request by the Department, the Illinois State Police or local law enforcement may enforce a cessation order.
(d) The owner or operator may appeal an order of cessation by filing a request for a hearing. The Department shall afford the owner or operator 10 business days after the date of the notice to request a hearing. Upon written request for hearing, the Department shall schedule a formal administrative hearing in compliance with Article 10 of the Illinois Administrative Procedure Act and pursuant to the provisions of the Department's rules of procedure in administrative hearings, except that formal discovery, such as production requests, interrogatories, requests to admit, and depositions will not be allowed. The parties shall exchange documents and witness lists prior to hearing and may request third party subpoenas to be issued.
(e) The final determination by the Department of Labor shall be rendered within 5 business days after the conclusion of the hearing.
(f) The provisions of the Administrative Review Law shall apply to and govern all proceedings for the judicial review of a final determination under this Section.
(Source: P.A. 103-177, eff. 1-1-24.)
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