1) The Agency shall
consider the factors contained in subsection (c)(2) to determine whether a
penalty should be assessed, as provided in subsection (d), and the amount of
the penalty. However, if the Agency has by rule established the amount to be
assessed for a particular violation, the Agency shall assess the penalty as
specified in that rule without regard to the factors contained in subsection
(c)(2).
AGENCY NOTE: For an example of a rule that establishes the
amount of the civil penalty to be assessed, see 32 Ill. Adm. Code
401.170, which
specifies the civil penalties to be assessed for violations of the Agency's
radiologic technologist accreditation requirements.
2) The factors to be considered by the Agency
are:
A) History of Previous Violations. The
Agency shall consider the person's history of previous violations of the
Radiation Protection Act of 1990, the Agency's rules promulgated under that Act
(Title 32, Chapter II, Subchapters b and d) and licenses issued pursuant to the
Act. Each prior violation will be considered without regard to whether it led
to a civil penalty assessment. A prior violation shall not be considered,
however, if the notice or order relating to the prior violation is the subject
of pending administrative or judicial review, or if the time to request such
review or to appeal any administrative or judicial decision relating to the
prior violation has not expired. The Agency shall not consider a prior
violation if a Preliminary or Final Order pertaining to that prior violation
has been vacated. The Agency shall not consider previous violations that
occurred more than 6 years prior to the issuance of the Preliminary Order or
other action taken by the Agency for those violations.
B) Severity of the Violation. The Agency
shall consider the severity of the violation, including, but not limited to,
actual or potential contamination of the environment resulting from the
violation and any actual or potential hazard to the health or safety of the
public or to workers, resulting from the violation. When evaluating the
severity of the violation, the Agency may also consider the impact that the
violation has on the Agency's ability to determine compliance with requirements
established by statute, regulation or license condition.
C) Culpability. The Agency shall consider
whether the person to whom the Preliminary Order was issued was negligent in
causing, allowing, or failing to correct the violation, condition, or practice
which was cited in the Preliminary Order. The Agency shall also consider:
i) whether the violation was intentional or
inadvertent;
ii) whether the
violation was allowed to continue once identified;
iii) whether actions were taken to correct or
mitigate the violation and the timeliness of those actions; and
iv) whether the violation was voluntarily
reported to the Agency.