Illinois Administrative Code
Title 26 - ELECTIONS
Part 125 - PRACTICE AND PROCEDURE
Subpart D - FINAL ORDERS
Section 125.420 - Order of the Board; Civil Penalties
Current through Register Vol. 48, No. 12, March 22, 2024
a) In addition to any complaint disposed of by written stipulation, agreed settlement or consent order pursuant to Code Section 9-21, the Board will review the reports submitted by the Hearing Officer and the General Counsel, and any objections, briefs or memoranda filed by any party to the hearing, and shall issue its final order within the time specified in Code Section 9-21. If the hearing was extended by stipulation or order of the Hearing Officer pursuant to Section 125.160, then the Board decision shall be issued:
b) Whenever the Board determines a person to be in violation of any provision of Article 9 or any regulation adopted under Article 9, the final order, written stipulation, agreed settlement or consent order shall direct that person to cease or correct the violation or otherwise comply with Article 9 or the regulation within such time as the Board may specify, but not within less than 15 business days.
c) The Board will also notify the person, as part of its final order, written stipulation, agreed settlement or consent order that it will impose a civil penalty, not to exceed $5,000, on any person who fails or refuses to comply with the final order, written stipulation, agreed settlement or consent order within the time specified by the Board. The procedure for assessment and the amount of civil penalties shall be as set out in Section 125.425 of this Part.
d) Standing Orders
e) In addition to, or in lieu of, the imposition of a civil penalty, the Board's order may also direct that violations of the Election Code, any rule adopted under the Code, or any order issued by the Board, be reported to the Attorney General and the appropriate State's Attorney whenever there appears to be any evidence to suggest that there has been a willful failure to file or willful filing of false or incomplete information required by the Election Code and such willful failure to file or willful filing of false and incomplete information may possibly constitute a criminal violation of the Election Code pursuant to Code Section 9-26.
f) The Board's order imposing a civil penalty shall become effective immediately upon execution of the final order or as otherwise specified in the order, the Election Code or other rule of the Board.
g) All parties to the proceeding shall be notified promptly of any and all orders. Exact copies of an order shall be personally delivered or mailed by certified or registered mail to each attorney of record unless the attorney has consented to service by e-mail or facsimile.