§4170.420. Appeals

a)         Any permittee who receives notice of suspension or revocation, any permittee contesting a condition of a permit, or any related group or kin contesting the disposition of human remains, unregistered graves, grave markers, or grave artifacts may request an administrative hearing.

 

b)         Suspension Appeal

 

1)         If a permit is suspended or revoked, the permit holder will be issued a Notice of Suspension/Revocation through U.S. mail.  An affidavit of mailing shall be proof that the notice was received.  Notification will contain the factual and legal reason for the suspension or revocation and shall be sent by standard U.S. mail.

 

2)         Any person whose permit is suspended or revoked shall have the right to appeal by filing two copies of the Petition for Hearing.  Both copies of the Petition for Hearing shall be mailed to or filed with:

 

Illinois Department of Natural Resources

Office of Legal Counsel

One Natural Resources Way

Springfield, IL  627092-1271

 

3)         Petitions must be sent to the Department and postmarked no later than 30 days after the Notice of Denial was mailed for the petition to be considered.

 

4)         If a timely Petition for Hearing is not received by the Department, then the suspension or revocation will be considered final without further notice.

 

5)         The petition shall be styled "In Human Remains Act Permit Suspension/Revocation of (name), PETITION FOR HEARING".  The petition shall contain sufficient facts in justification of a hearing and shall be signed by the Petitioner.  The party filing the petition shall be designated the Petitioner.  The Department shall be designated the Respondent.

 

6)         The hearing will be conducted in accordance with the Department's rules for contested hearings at 17 Ill. Adm. Code 2530, Subpart D.

 

(Source:  Amended at 48 Ill. Reg. 2189, effective January 25, 2024)