Illinois Administrative Code
Title 83 - PUBLIC UTILITIES
Part 265 - PROTECTION OF UNDERGROUND UTILITY FACILITIES
Section 265.200 - Initial Consideration by Staff
Universal Citation: 83 IL Admin Code ยง 265.200
Current through Register Vol. 48, No. 38, September 20, 2024
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] .
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