[Added 10-16-2001]
[Amended 6-20-2017]
For serious or repeated violations of any provisions
of this chapter or for interference with the Health Department in
the performance of its duties, the Health Department may suspend,
revoke or refuse to renew any license or registration.
A.
Prior to such action, the Health Department shall
notify the licensee or registrant in writing, stating the reason for
which the license or registration is subject to suspension, revocation
or nonrenewal.
B.
The licensee or registrant is entitled to, upon written
request, an opportunity for a prehearing conference in order for the
licensee or registrant to show cause why the Health Department should
not proceed with license or registration suspension, revocation or
nonrenewal.
C.
Should the Health Department proceed with license
or registration suspension, revocation or nonrenewal, the Health Department
shall notify the licensee or registrant that the license or registration
is suspended, revoked, or not renewed five days following the serving
of said notice.
D.
Such suspension, revocation or nonrenewal shall then
be effective unless a request for a hearing is filed with the Board
of Health by the licensee or registrant within such five-day period.
[Amended 6-20-2017]
If, after the permit or registration has been
issued, the Health Department finds that the information submitted
on the application was falsified or inaccurate, or if the violations
found during the inspection are not corrected, or if the Health Department
is interfered with in performance of its duties, the permit or registration
may be revoked. Prior to such action, the Health Department shall
notify the permit or registration holder in writing, stating the reason
for which the permit or registration is subject to revocation.
A.
The Health Department may provide an opportunity for
a prehearing conference in order for the permit or registration holder
to show cause why the Health Department shall not proceed with permit
or registration revocation.
B.
Should the Health Department proceed with permit or
registration revocation, the Health Department shall so notify the
permit or registration holder that the permit is revoked five days
following the serving of said notice.
C.
Such revocation shall then be effective unless a request
for a hearing is filed with the Health Department by the permit or
registration holder within such five-day period.
[Amended 6-20-2017]
Whenever the Health Department determines that
a violation of any provision of this chapter has occurred, the Health
Department shall give notice to the person responsible for such violation.
A.
Notices provided for under this section shall be deemed
to have been properly served when a written notice has been delivered
personally to the person responsible, or such notice has been sent
by registered or certified mail, return receipt requested, to the
last known address of the person.
B.
A copy of such notice shall be filed with the records
of the Health Department .
[Amended 6-20-2017]
Any licensee or registrant that has had its license or registration
suspended, revoked or nonrenewed by the Health Department may seek
a review of that decision by the Board of Health by:
A.
Filing, within seven days of receipt of the decision, written notice
with the Board of Health of intent to seek review of the decision;
B.
Filing a written brief with the Board of Health which states the
licensee's or registrant's arguments as to why the decision
of the Health Department shall be reversed. In addition to the licensee's
or registrant's arguments for reversal, this brief shall contain
a short recitation of relevant facts, citation to any relevant legal
authority and copies of any documentary evidence the licensee or registrant
wishes to be considered by the Board of Health; and
C.
Appearing at the meeting of the Board of Health at which the Board
of Health is scheduled to consider the review requested by the licensee
or registrant.
D.
The hearings provided for in this section shall be conducted by a
quorum of the members of the Board of Health at a time and place designated
by the Board within 30 days of the date on which the written request
was filed.
(1)
Notification. The petitioner for the hearing shall be notified of
the time and place of the hearing not less than five days prior to
the date on which the hearing is to be held.
(2)
Findings. Based upon the record of such hearing, the Board of Health
shall make a finding and shall sustain, modify or rescind any official
notice or order considered in the hearing.
(3)
Written report. A written report of the hearing decision shall be
furnished either personally or by certified mail to the petitioner
by the Board of Health.
[Amended 6-20-2017]
Whenever the Health Department finds that an
emergency regarding a violation of this chapter exists, which requires
immediate action to protect the public health, it may, without any
administrative procedure and without notice or hearing, bring an action
for a temporary injunction to require that such action be taken as
the court may deem necessary to meet the emergency.
A.
Notwithstanding any other provision in this chapter,
such order shall be effective immediately.
B.
Such action shall be brought by the State's Attorney
of McLean County.
C.
When, in the opinion of the Health Department, the
emergency conditions are abated, the Health Department may request
that the temporary injunction be canceled.
Any person, firm or corporation affected by
the decisions, rules or regulations of the Board of Health of McLean
County, Illinois, may have the decisions of said Board of Health reviewed
in the Circuit Court of McLean County, Illinois. The provisions of
the Administrative Review Act of the State of Illinois approved May
8, 1945, and enacted by the General Assembly of the State of Illinois
and all amendments and modifications thereof,[1] and the rules adopted pursuant thereto shall apply to
and govern all proceedings for the judicial review of final administrative
decisions of the Board of Health. The term "administrative decisions"
is defined in Section 1 of said Administrative Review Act.[2]
A.
Any person who shall violate any of the provisions of Article I, § 310-3A(1), or Article II of this chapter shall be guilty of a Class A misdemeanor and shall be fined a sum not less than $100. Each day's violation constitutes a separate offense. In addition, the State's Attorney may bring action for an injunction to restrain such violation or to enjoin the operation of any such establishment.
B.
Any person who shall violate any of the provisions of Article I, § 310-3A(2) or (3) or (4), Article III or Article IV of this chapter shall be issued an order to remedy such violations. The order shall specify the violations and the date by which they shall be remedied. Failure of the person to remedy the violations by the date specified in the order shall constitute a business offense punishable by a fine not to exceed $750, with each day subsequent to such date that the violations remain uncorrected as a separate offense.
