§176.575. License Suspension or Revocation and Assessment of Civil Monetary Fines Against a Contractor

 

a)         The violation by a licensed contractor of a provision of 41 Ill. Adm. Code 172, 174, 175, 176 or 177, including standards incorporated by reference, may result in a suspension, revocation or refusal to issue or renew that contractor's license, in addition to any other discipline authorized under Section 80(a) of the Petroleum Equipment Contractors Licensing Act [225 ILCS 729/80(a)], for the following durations:

 

1)         For the first violation committed, the license of any contractor may be suspended or revoked for up to one year.

 

2)         For the second violation committed, the license of any contractor may be suspended for up to one year or may be revoked for up to two years.

 

3)         For the third violation, and any violation thereafter, the license of any contractor may be suspended for up to one year or revoked permanently.

 

b)         The violation by a contractor of a provision of 41 Ill. Adm. Code 172, including standards incorporated by reference, may result in a suspension or revocation of that contractor's license for the following durations:

 

1)         For the first violation, the license of any contractor may be suspended for up to six months.

 

2)         For the second violation, the license of any contractor may be suspended or revoked for up to one year.

 

3)         For the third violation, the license of any contractor may be suspended for up to one year or revoked for up to two years.

 

4)         For the fourth violation, and any violation thereafter, the license of any contractor may be revoked for up to 5 years.

 

c)         Effects of Suspension or Revocation

 

1)         A contractor whose license was suspended or revoked as a result of a violation involving one or more licensed activities is also prohibited, in a like manner, for a like duration, from performing any other activity the contractor was licensed by OSFM to perform.

 

2)         During the period of a suspension or revocation, the contractor whose license was suspended or revoked may not be licensed to perform any other activity related to USTs.

 

3)         A contractor whose OSFM license is suspended or revoked, may not perform any UST activity requiring an OSFM license under an OSFM permit issued prior to the suspension or revocation. In such a case, the contractor is not entitled to a refund of the permit fee and is not entitled to amend the permit or permit application to list another contractor.

 

4)         A contractor whose license has been suspended or revoked may not continue to perform UST work requiring a license issued by OSFM during the period of suspension or revocation.

 

5)         A contractor whose OSFM license has been suspended or revoked may not be employed as an agent or subcontractor of an OSFM licensed contractor to perform any activity for which an OSFM license is required.

 

6)         Any officer of a corporation having a suspended or revoked license, or any owner or co-owner of any other business entity having a suspended or revoked license, shall not use alternative names or licenses to continue to do UST work requiring an OSFM issued license.

 

7)         Upon conclusion of the revocation period, a contractor whose OSFM license was revoked may perform any UST activity the contractor was licensed by OSFM to perform only by re-licensing (assuming the applicant is not otherwise prohibited from re-licensing).

 

8)         If the period of suspension ends prior to the termination of any license period, the suspended contractor may resume performing the activity the contractor was licensed to perform for the remainder of any license period. If the period of suspension ends subsequent to the termination of any license period, the suspended contractor may not perform the activity the contractor was licensed to perform until the suspension period has ended and the contractor has been re-licensed (assuming the applicant is not otherwise prohibited from re-licensing).

 

d)         The violation by a licensed contractor or an employee of a licensed contractor of a provision of 41 Ill. Adm. Code 172, 174, 175, 176, 177, 160 or 180, including standards incorporated by reference, may result in the issuance of an administrative citation under 41 Ill. Adm. Code 172.110, 172.120 and 172.140 for the assessment of civil monetary fines against that contractor.

 

(Source:  Amended at 47 Ill. Reg. 6949, effective May 2, 2023)