Ill. Admin. Code tit. 83 § 265.200

Current through Register Vol. 48, No. 40, October 4, 2024

Section 265.200 - Initial Consideration by Staff

a) Upon the receipt of a report of a suspected violation, the Staff of the Commission shall consider the matter and determine whether a violation has occurred. Staff's consideration may include, among other things, one or more of the following:

1) Verification of records;

2) Informal meetings;

3) Teleconferences;

4) Photo-documentation; and

5) Comments or correspondence obtained from the parties involved.

b) If Staff determines that a violation has occurred, Staff shall also consider the appropriate amount, if any, of a penalty to assess. In determining the amount of the penalty, Staff shall consider the alleged violator's:

1) Gravity of noncompliance with the law;

2) Culpability;

3) History of noncompliance;

4) Ability to pay the penalty;

5) Good faith in attempting to comply with the law;

6) Ability to continue in business; and

7) Any other special circumstances relevant to the matter. [220 ILCS 50/11(j)]

c) Any penalties assessed shall not exceed the maximum penalties provided by Section 11 of the Act [220 ILCS 50/11] .

Ill. Admin. Code tit. 83, § 265.200