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Public Act 099-0059
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| HB2823 Enrolled | LRB099 06981 MGM 27063 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Radon Industry Licensing Act is amended by |
adding Section 52 as follows:
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(420 ILCS 44/52 new) |
Sec. 52. Subpoena power; witness fees; enforcement; |
punishment. |
(a) The Agency, by its Assistant Director or a person |
designated by the Assistant Director, may, at the Assistant |
Director's instance or on the written request of another party |
to an administrative proceeding or investigation administered |
under this Act or any other law concerning radon, subpoena |
witnesses to attend and give testimony before the hearing |
officer designated to preside over the proceeding or |
investigation and subpoena the production of books, papers, or |
records that the Assistant Director or his or her designee |
deems relevant or material to any administrative proceeding or |
investigation. |
(b) The fees paid to witnesses for attendance and travel |
shall be the same as the fees for witnesses before the circuit |
court of the county in which the hearing is held. Those fees |
shall be paid when the witness is excused from further |
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attendance. When a witness is subpoenaed at the instance of the |
Agency, those fees shall be paid in the same manner as other |
administrative expenses of the Agency. When a witness is |
subpoenaed at the instance of a party to a proceeding other |
than the Agency, the Agency may require that the cost of |
service of the subpoena or subpoena duces tecum and the fee of |
the witness be borne by the party at whose instance the witness |
is summoned. In that case, the Agency, in its discretion, may |
require a deposit to cover the cost of the service and witness |
fees. A subpoena or subpoena duces tecum issued under this |
Section may be served in the same manner as a subpoena issued |
out of a circuit court of the county in which the hearing is |
held or may be served by United States registered or certified |
mail, addressed to the person concerned at the person's last |
known address, and proof of that mailing shall be sufficient |
for the purposes of this Section. The Agency shall adopt rules |
governing the procedure for challenging a subpoena. |
(c) If any person, without lawful authority, fails to |
appear in response to a subpoena or to answer any question or |
to produce any books, papers, records, or any other documents |
relevant or material to an administrative proceeding or |
investigation, the Agency, through the Attorney General, may |
seek enforcement of any such subpoena by any circuit court of |
this State.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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