Section 100.140  Prohibited Contributions – State Property

a)         Upon receipt of a notice of violation of Section 5-35 of the State Officials and Employees Ethics Act [5 ILCS 430/5-35], the State Board of Elections may assess a penalty not to exceed 100% of the value of the contribution giving rise to the violation.  In determining whether to assess a penalty and the amount of a penalty, the Board shall consider any mitigating or aggravating factors contained in the notice, including but not limited to the number of past violations of the Act, the amount of the contribution and whether, in the Board's view, the violation was unitentional or willful.

b)         Persons against whom a penalty has been assessed by the Board may appeal the penalty.  The provisions of 26 Ill. Adm. Code 125.425 governing the appeal procedures for violations of Article 9 of the Election Code [10 ILCS 5/9] shall apply to appeals of penalties assessed under this Section.

(Source:  Amended at 29 Ill. Reg. 18785, effective November 7, 2005)