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Supplement 09
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4/9/2021 8:27:06 AM
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A DMINISTRATION §2-204 <br />Section 2-204. Enforcement. <br />(a) If the director determines that any person has violated or is violating any provision <br />of this article, chapter 21, or any rule adopted pursuant to these chapters, the <br />director may do any one or more of the following: <br />(1) Issue an order assessing an administrative penalty for any past or current <br />violation; <br />(2) Require compliance immediately or within a specified time; and <br />(3) Commence a civil action in the circuit court for appropriate relief, including a <br />temporary, preliminary, or permanent injunction, the imposition and <br />collection of civil penalties, or other relief. <br />(b) Any order issued pursuant to this section shall state with reasonable specificity the <br />nature of the violation. Any administrative penalties assessed in the order shall be <br />in accordance with section 2-206. <br />(c) Any order issued under this chapter shall become final, unless not later than <br />twenty days after the notice of order is served, the person or persons named therein <br />request in writing a hearing before the director. Any penalty imposed under this <br />chapter shall become due and payable twenty days after the notice of penalty is <br />served unless the person or persons named therein request in writing a hearing <br />before the director. Whenever a hearing is requested on any penalty imposed under <br />this chapter, the penalty shall become due and payable only upon completion of all <br />review proceedings and the issuance of a final order confirming the penalty in <br />whole or in part. Upon request for a hearing, the director shall require that the <br />alleged violator or violators appear before the commission for a hearing at a time <br />and place specified in the notice and answer the charges complained of. <br />(d) Any hearing conducted under this section shall be conducted as a contested case <br />under chapter 91. If after a hearing held pursuant to this section, the commission <br />finds that a violation or violations have occurred, the commission shall affirm or <br />modify any penalties imposed or shall modify or affirm the order previously issued <br />or issue an appropriate order or orders for the prevention, abatement, or control of <br />the violation or disposals involved, or for the taking of such other corrective action <br />as may be appropriate. If, after a hearing on an order or penalty contained in a <br />notice, the commission finds that no violation has occurred or is occurring, the <br />commission shall rescind the order or penalty. Any order issued after hearing may <br />prescribe the date or dates by which the violation or violations shall cease and may <br />prescribe timetables for necessary action in preventing, abating, or controlling the <br />violation or disposals. <br />(e) If the amount of any penalty is not paid to the department within thirty days after <br />it becomes due and payable, the director may institute a civil action in the name of <br />the County to collect the administrative penalty which shall be a government <br />realization. In any proceeding to collect the administrative penalty imposed, the <br />director need only show that: <br />SUPP. 9 (1-2021) <br />2-87 <br /> <br />
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