PART 1440 GUIDELINES FOR THE ASSESSMENT OF PENALTIES (GENERAL ORDER 55 (MC)) : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1440 GUIDELINES FOR THE ASSESSMENT OF PENALTIES (GENERAL ORDER 55 (MC))

AUTHORITY: Implementing Section 18c-1704 and authorized by Section 18c-1202 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1991, ch. 95½, pars. 18c-1101 et seq.).

SOURCE: Adopted at 6 Ill. Reg. 14821, effective November 19, 1982; codified at 8 Ill. Reg. 5154; amended at 10 Ill. Reg. 3815, effective February 10, 1986; Part recodified at 10 Ill. Reg. 18002; amended at 16 Ill. Reg. 13496, effective September 1, 1992.

 

Section 1440.10  Guidelines in the Assessment of Civil Penalties

 

The following guidelines shall be observed in the assessment of civil penalties.

a)         The Standard of Lack of Mitigating Circumstances

            In both situations set forth below, it shall be the burden of the respondent to establish a reason why the civil penalty should be mitigated.

1)         The violation's occurrence was attributable to causes beyond respondent's control.

2)         The violation's occurrence was attributable to action by the Commission which precluded compliance.

b)         The Standard of Lack of Good Faith or Intent

1)         Included under this standard is the past compliance history of the respondent.

2)         Under this standard, the Commission shall consider whether a violation is the result of willful conduct or comes about through mistake, inadvertance or negligence.

c)         The Standard of Ability to Pay

            The Commission shall consider the financial ability of the respondent to pay the penalties assessed.

d)         Degree of Harm to Public, Extent of Violative Conduct

            The Commission shall consider the extent of violative conduct which affected the public interest.

e)         Financial Benefit Accruing to the Violator

            The Commission shall consider the amount of money which accrued to the respondent as a result of its illegal activities.

 

(Source:  Amended at 10 Ill. Reg. 3815, effective February 10, 1986)

 

Section 1440.20  Procedure for Determining Civil Penalties

 

a)         Persons found to have committed one or more violations for which civil penalties may be assessed shall be entitled to have such civil penalties determined in accordance with the following procedure.

1)         A numerical value of from 0 to 5 shall be assigned to each of the following factors:

A)        the standard of lack of mitigating circumstances;

B)        the standard of lack of good faith or intent;

C)        the standard of ability to pay;

D)        the degree of harm to the public – extent of violative conduct;

E)        the financial benefit accruing to the respondent.

2)         The values assigned shall be summed.  The sum shall be divided by the maximum possible weighted value per violation (25) and then multiplied by $300 per violation.  The result will be the civil penalty which the Commission shall seek to assess in actions against the respondent.

b)         Notwithstanding the above, when it appears that informal settlement discussions will serve to conserve the resources of the Commission and expedite the disposition of the Commission's caseload without jeopardizing the statutory goals of Commission regulation, a lesser amount may be assessed.

 

(Source:  Amended at 16 Ill. Reg. 13496, effective September 1, 1992)