(a) When an administrative hearing is held by the Department, the hearing officer, upon determination of any violation of this Act or rule or regulation, shall either refer the violation to the State's Attorney in the county where the alleged violation occurred for prosecution or levy the following administrative monetary penalties: (1) a penalty of $250 for a first violation; (2) a penalty of $500 for a second violation; and (3) a penalty of $1,000 for a third or subsequent violation. (b) The penalty levied under subsection (a) shall be collected by the Department, and all penalties collected by the Department under this Act shall be deposited into the Pesticide Control Fund. Any penalty not paid within 60 days of notice from the Department shall be submitted to the Attorney General for collection. (c) Upon prosecution by a State's Attorney, a violation of this Act or rules adopted under this Act shall be a petty offense subject to a fine of $250 for a first offense, a fine of $500 for a second offense, and a fine of $1,000 for a third or subsequent offense. violation.
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