TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER VI: EXECUTIVE ETHICS COMMISSION
PART 1620 ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS
SECTION 1620.530 DECISION OF THE COMMISSION
Section 1620.530 Decision of the Commission
a) Within 60 days after the hearing or after briefs are due, whichever is later, the Commission shall enter a decision.
b) When the Commission is determining an appropriate fine pursuant to Section 50-5 of the Act after a finding of liability, the Commission may consider the following mitigating and aggravating factors:
1) nature of violations;
2) the scope of the violation or scheme of violations;
3) the use of title or position;
4) the extent of the use of resources, money, time to the State;
5) the extent of a respondent's intent or knowledge of the facts surrounding the violation;
7) the duration of any series of violations;
8) position of authority;
9) involvement of others, especially other State employees;
12) in the absences of substantial aggravating factors, a self-employed person's incidental business or employment matters that are not reported under Section 5-45(f) of the Act in a timely manner or involve subject matter not directly related to prior State employment and that entail monetary amounts of less than $5,000 are deemed to be offenses warranting a warning or minimal fine;
13) prior disciplinary record or Ethics Act violation; and
14) years of service and type of service with the State.
c) The decision shall include a description of the alleged misconduct, the decision of the Commission, including any fines levied and any recommendation of discipline and the reasoning for that decision. [5 ILCS 430/20-55(a)]
d) Decisions of the Commission shall be signed by at least five commissioners.
e) All decisions shall be sent to the parties, including the Executive Inspector General, the ultimate jurisdictional authority, the head of the appropriate State agency and the Attorney General. [5 ILCS 430/20-55(a)]
f) Once a complaint has been filed with the Commission, any proposed settlement reached by the parties must be submitted to the Commission for review and approval.
(Source: Amended at 36 Ill. Reg. 13826, effective August 21, 2012)