Illinois Compiled Statutes
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220 ILCS 5/13-304
(220 ILCS 5/13-304)
(Section scheduled to be repealed on July 1, 2017)
Action to recover civil penalties.
(a) The Commission shall assess and collect all civil penalties established
under this Act against
telecommunications carriers, corporations other than telecommunications
carriers, and persons acting as telecommunications carriers.
Except for the penalties provided under
Section 2-202, civil penalties may be assessed only after notice and
opportunity to be heard. Any such civil penalty may be compromised by the
Commission. In determining the amount of the civil penalty to be assessed, or
the amount of the civil penalty to be compromised, the Commission is authorized
to consider any matters of record in aggravation or mitigation of the penalty,
including but not limited to the following:
(1) the duration and gravity of the violation of the
Act, the rules, or the order of the Commission;
(2) the presence or absence of due diligence on the
part of the violator in attempting either to comply with requirements of the Act, the rules, or the order of the Commission, or to secure lawful relief from those requirements;
(3) any economic benefits accrued by the violator
because of the delay in compliance with requirements of the Act, the rules, or the order of the Commission; and
(4) the amount of monetary penalty that will serve to
deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act, the rules, or the order of the Commission by the violator and other persons similarly subject to the Act.
(b) If timely judicial review of a Commission order that imposes a civil
penalty is taken by a telecommunications carrier, a corporation other than a
or a person acting as a telecommunications carrier on whom or on which the
civil penalty has been imposed, the reviewing court shall enter a judgment on
all amounts upon affirmance of the Commission order. If timely judicial review
is not taken and the civil penalty remains unpaid for 60 days after service of
the order, the Commission in its discretion may either begin revocation
proceedings or bring suit to recover the penalties. Unless stayed by a
reviewing court, interest shall accrue from the 60th day after the date of
service of the Commission order to the date full payment is received by the
(c) Actions to recover delinquent civil penalties under this Section shall
be brought in the name of the People of the State of Illinois in the circuit
court in and for the county in which the cause, or some part thereof, arose, or
in which the entity complained
of resides. The action shall be commenced and prosecuted to final judgement by
the Commission. In any such action, all interest incurred up to the time of
final court judgment may be recovered in that action. In all such actions, the
procedure and rules of evidence shall be the same as in ordinary civil actions,
except as otherwise herein provided. Any such action may be compromised or
discontinued on application of the Commission upon such terms as the court
shall approve and order.
(d) Civil penalties related to the late filing of reports, taxes, or other
filings shall be paid into the State treasury to the credit of the Public
Utility Fund. Except as otherwise provided in this Act, all other fines and
civil penalties shall be paid into the State treasury to the credit of the
General Revenue Fund.
(Source: P.A. 92-22, eff. 6-30-01