Current through Register Vol. 48, No. 38, September 20, 2024
a) When the Department has reason to believe
that a person has committed an act which is a violation of any provision of the
MCSR or a settlement agreement, and having considered the nature,
circumstances, extent and gravity of the violation, and with respect to a
person believed to have committed such a violation, the degree of culpability
and history of prior offenses or warning letters, the Department, by the
Director or his authorized representative, shall begin a civil penalty
proceeding by serving a Notice of Intent to Assess Civil Monetary Penalty, in
accordance with Section
386.1020, on a person
charging that person with having committed an act which is a violation of one
or more provisions of these regulations or a settlement agreement.
b) A Notice of Intent to Assess Civil
Monetary Penalty issued under this Section shall include:
1) notice of the provision(s) of the MCSR or
settlement agreement which the respondent is believed to have
violated;
2) a brief description of
the manner in which the respondent is believed to have violated the MCSR or
settlement agreement;
3) notice of
the maximum amount of civil penalty for which the respondent may be
liable;
4) notice of the amount of
the civil penalty sought to be assessed by the Department;
5) a description of the manner in which the
respondent shall make payment in accordance with Section
386.1140 of
any money to the State;
6) a
statement that the respondent may request a conference with the Department, by
verbal or written request to the Director, to review and discuss the alleged
violation and civil penalty, and of the procedures for requesting a
conference;
7) a statement that if
a settlement cannot be reached within 90 days, a Notice of Probable Violation
will be served upon the respondent, and the respondent will have an opportunity
for a hearing as provided by Section 18b-107(b) of the Law and Section
386.1160;
8) a statement that if the respondent does
not reply to the Notice of Intent to Assess Civil Monetary Penalty within 30
days after its service upon the respondent, the failure of the respondent to
reply constitutes a waiver of its right to appear and contest the allegations,
without further notice to the respondent, and authorizes the Secretary, without
further notice to the respondent, to find the facts to be as alleged in the
Notice of Intent to Assess Civil Monetary Penalty and order the assessment of
the civil penalty stated in the Notice; and
9) a statement that respondent's failure to
pay a civil monetary penalty as ordered by the Secretary may result in
revocation or suspension by the Illinois Secretary of State of the registration
of vehicles owned by respondent or, regardless of ownership, were the subject
of violations by respondent of the IMCSR, pursuant to
625
ILCS 5/3-704(b).
c) In the event that the Department and the
respondent do not enter a settlement agreement following service of a Notice of
Intent to Assess Civil Monetary Penalty, the Department by the Director shall
serve a Notice of Probable Violation on the respondent.
d) A Notice of Probable Violation issued
under this Section includes:
1) a statement
of the provision(s) of the MCSR or of a settlement agreement which the
respondent is believed to have violated;
2) a statement of the factual allegations
upon which the proposed civil penalty is being sought;
3) notice of the maximum amount of civil
penalty for which the respondent may be liable;
4) notice of the amount of the civil penalty
sought to be assessed by the Department;
5) a description of the manner in which the
respondent shall make payment of any money to the State in accordance with
Section 386.1140;
6) a statement of
respondent's right to request a hearing and the procedures for requesting a
hearing in accordance with Section
386.1150;
and
7) a statement of respondent's
right to appear at the hearing and to present relevant written or oral
explanations, information and materials in answer to the allegations or in
mitigation of the penalty.
e) A settlement of a civil penalty proceeding
may be effectuated at any time upon agreement of the parties, shall be reduced
to writing by the Department and signed by the parties. Terms of the settlement
may include a reduction in the amount of the proposed civil penalty, and may
include training and procedural requirements agreed upon by the respondent and
Department. Training and procedural requirements may be agreed upon to increase
awareness of and compliance with the MCSR.
