§1773.22. Verification of Ownership or Control Application Information

a)         In accordance with Section 1773.15(c)(1), prior to the issuance of a permit, the Department shall review the information in the application provided pursuant to 62 Ill. Adm. Code 1778.13 to determine that such information, including the identification of the operator and all owners and controllers of the operator, is complete and accurate.  In making such determination, the Department shall compare the information provided in the application with information from other reasonably available sources, including:

 

                        1)         Manual data sources within the State, including:

 

                                    A)        The Department's inspection and enforcement records; and

 

B)        The Secretary of State's corporate or tax records, to the extent they contain information concerning ownership or control links; and

 

                        2)         Automated data sources, including:

 

                                    A)        The Department's own computer system; and

 

                                    B)        the Applicant Violator System.

 

b)         If it appears from the information provided in the application pursuant to 62 Ill. Adm. Code 1778.13(c) through (d) that none of the person identified in the application has had any previous mining experience, the Department shall inquire of the applicant and investigate whether any person other than those identified in the application will own or control the operations as either an operator or other owner or controller.

 

c)         If, as a result of the review conducted under subsections (a) and (b) above, the Department identifies any potential omission, inaccuracy, or inconsistency in the ownership or control information provided in the application, it shall, prior to making a final determination with regard to the application, contact the applicant and require that the matter be resolved through submission of an amendment to the application or a satisfactory explanation which includes credible information sufficient to demonstrate that no actual omission, inaccuracy, or inconsistency exists.  The Department shall also take action in accordance with the provisions of 62 Ill. Adm. Code 1843.23 where appropriate.

 

d)         Upon completion of the review conducted under this Section, the Department shall promptly enter into or update all ownership or control information on the Applicant Violator System.

 

(Source:  Added at 20 Ill. Reg. 2090, effective January 19, 1996)