Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 1440 - GUIDELINES FOR THE ASSESSMENT OF PENALTIES (GENERAL ORDER 55 (MC))
Section 1440.10 - Guidelines in the Assessment of Civil Penalties

Universal Citation: 92 IL Admin Code ยง 1440.10

Current through Register Vol. 48, No. 12, March 22, 2024

The following guidelines shall be observed in the assessment of civil penalties.

a) The Standard of Lack of Mitigating Circumstances

In both situations set forth below, it shall be the burden of the respondent to establish a reason why the civil penalty should be mitigated.

1) The violation's occurrence was attributable to causes beyond respondent's control.

2) The violation's occurrence was attributable to action by the Commission which precluded compliance.

b) The Standard of Lack of Good Faith or Intent

1) Included under this standard is the past compliance history of the respondent.

2) Under this standard, the Commission shall consider whether a violation is the result of willful conduct or comes about through mistake, inadvertance or negligence.

c) The Standard of Ability to Pay

The Commission shall consider the financial ability of the respondent to pay the penalties assessed.

d) Degree of Harm to Public, Extent of Violative Conduct

The Commission shall consider the extent of violative conduct which affected the public interest.

e) Financial Benefit Accruing to the Violator

The Commission shall consider the amount of money which accrued to the respondent as a result of its illegal activities.

Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.