Section 125.254  Stipulated Settlement

a)         Whenever a closed preliminary hearing is conducted, the parties shall be afforded an opportunity to come into compliance with any applicable requirement of the Act, the Election Code, or any rule of the Board and to dispose of all matters in dispute by written stipulation or agreed order approved by the Board. Provided however, if the committee has previously failed to comply with the requirements of the Act, the Election Code or any rule of the Board, then any stipulation or agreed order must be submitted to the Board and shall not be effective unless approved by the Board. Repeated failures to comply with the Act, the Election Code, or rules of the Board shall entitle the Board to reject any proposed stipulation or agreed order and to direct that a complaint be filed. "Repeated failures" means more than one.

b)         Any written stipulation or agreed order issued pursuant to this Section shall include a provision known as the "Standing Order" provision as referred to in Section 125.420, requiring that all subsequent reports, statements or filings required by the Act must be made within the time limits set forth in the Act, and that any failure or refusal to comply with filing deadlines shall result in the imposition of the following civil penalties in accordance with Section 125.425. Any such standing order provision shall remain in effect for a period of 12 months from the date of the final order, stipulation or agreed order.

c)         Any person who fails or refuses to comply with the terms of a standing order provision shall be notified by the Board by service as set forth in Section 125.425, that the Board shall issue an order imposing a civil penalty in accordance with the schedule set forth in this Rule. Such person shall be afforded an opportunity to appear at the next regularly scheduled or special Board meeting and to show cause why such a civil penalty shall not be imposed. For purposes of this subsection, cause shall consist of proof that the report was submitted on time, as evidenced by a date stamp on the received document or other evidence submitted to the Board.

d)         Any civil penalties imposed pursuant to this Section may be enforced and collected in accordance with Section 125.430.

e)         In approving any stipulation or agreed order under this Part the Board shall consider, but not be limited to, any evidence offered and noted by the Examiner or Hearing Examiner of the following factors:

1)         A party's history of compliance with the Act, the Election Code, or rules of the Board;

2)         Any evidence of respondent's ignorance of a material fact which led to the conduct which was the source of the complaint;

3)         The degree of cooperation exhibited by the respondent with Board staff, the Hearing Examiner or Examiner and,

4)         Factors in mitigation or factors in aggravation of the circumstances complained of in the complaint.

(Source:  Added at 14 Ill. Reg. 10832, effective June 22, 1990)