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(210 ILCS 74/35)
Sec. 35. Penalties for violations.
(a) If a physical fitness facility violates this Act by (i) failing to adopt
or
implement a plan for responding to medical emergencies under Section 10 or (ii)
failing
to have on the premises an AED or trained AED user as required under
subsection (a) or (b) of Section 15, the Director may issue to the facility a
written administrative warning without monetary penalty for the initial
violation. The facility may reply to the Department with written comments
concerning the facility's remedial response to the warning. For subsequent
violations, the Director may impose a civil monetary penalty against the
facility as follows:
(1) At least $1,500 but less than $2,000 for a second |
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(2) At least $2,000 for a third or subsequent
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(b) The Director may impose a civil monetary penalty under this
Section only after it
provides the following to the facility:
(1) Written notice of the alleged violation.
(2) Written notice of the facility's right to request
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| an administrative hearing on the question of the alleged violation.
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(3) An opportunity to present evidence, orally or in
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| writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director.
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(4) A written decision from the Director, based on
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| the evidence introduced at the hearing and the hearing examiner's recommendations, finding that the facility violated this Act and imposing the civil penalty.
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(c) The Attorney General may bring an action in the circuit court to enforce
the
collection of a monetary penalty imposed under this Section.
(d) The fines shall be deposited into the General Revenue Fund.
(Source: P.A. 99-933, eff. 1-27-17.)
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