Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 386 - PROCEDURES AND ENFORCEMENT
Subpart A - GENERAL PROVISIONS
Section 386.1180 - Assessment Considerations

Universal Citation: 92 IL Admin Code ยง 386.1180

Current through Register Vol. 48, No. 38, September 20, 2024

a) In assessing a civil penalty under the provisions of this Part, the assessment is made only after considering:

1) the nature and circumstances of the violation;

2) the extent and gravity of the violation;

3) the degree of the respondent's culpability;

4) the respondent's history of prior offenses;

5) the respondent's ability to pay; and

6) the effect on the respondent's ability to continue in business (Section 18b-107(b) of the Law).

b) The manner in which these factors are considered by the Department is that the facts gathered by the Department, as well as the facts and arguments obtained from the respondent during the informal conference process, are weighed and considered by the Department in determining or revising the assessed penalty in light of the factors stated in subsections (a)(1) through (6). The respondent may request a formal hearing, in accordance with Section 386.1150, to present evidence to the presiding officer, who shall weigh all of the relevant evidence presented in light of the factors stated in this Section.

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.