(a) Every retailer of motor fuel must display the octane number or fuel rating of the fuel being dispensed on each motor fuel device that is dispensing a motor fuel product. The octane number or fuel rating shall be displayed on the fuel dispensing device in a manner consistent with regulations promulgated by the Federal Trade Commission in 16 CFR part 306. It is a violation of this Section, (1) to display an octane number that is greater than the octane number of the gasoline being dispensed, (2) to display a fuel rating that is not consistent with the percentage by volume of the principal component of the alternative liquid automotive fuel being dispensed, or (3) to display a fuel rating that is not consistent with the percentage of biodiesel or biomass-based diesel of the biodiesel blend being dispensed. (b) A hearing officer that, after an administrative hearing held in accordance with the provisions of Section 7, determines that a violation of this Section has been committed shall impose a monetary penalty in accordance with the following schedule: (1) For a first time violation if the actual octane number is found by the petroleum laboratory to be lower than the posted octane number by: (A) at least 0.6, but not more than 1.5 octane numbers, $500; (B) (blank); (C) (blank); (D) (blank); (E) (blank); (F) more than 1.5 octane numbers, $1,000. (2) For a second violation, at the same location under the same ownership, within 2 years of the first violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by: (A) at least 0.6, but not more than 1.5 octane numbers, $1,000; (B) (blank); (C) (blank); (D) (blank); (E) (blank); (F) more than 1.5 octane numbers, $2,000. (3) For a third or subsequent violation, at the same location under the same ownership, within 2 years of the second violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by: (A) at least 0.6, but not more than 1.5 octane numbers, $2,000; (B) (blank); (C) (blank); (D) (blank); (E) (blank); (F) more than 1.5 octane numbers, $4,000. (c) Any penalty levied under this Section shall be collected and deposited in the manner provided for penalties collected under Section 7. Actions and decisions of the Department under this Section are subject to the administrative procedures and review authorized under Section 7. number is found by the petroleum laboratory to be lower than the posted octane number by: numbers, $500; under the same ownership, within 2 years of the first violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by: numbers, $1,000; location under the same ownership, within 2 years of the second violation if the actual octane number is found by the petroleum testing laboratory to be lower than the posted octane number by: numbers, $2,000;
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