(220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203)
Sec. 4-203.
Action to recover penalties.
(a) All civil penalties established under this Act shall be assessed and
collected
by the Commission. Except for the penalties provided under Section 2-202, civil
penalties may be assessed only after notice and opportunity to be heard. In
determining the amount of the
penalty, the Commission shall consider
the appropriateness of the penalty to the size of the business of the public
utility, corporation other than a public utility, or person acting as a public
utility charged, the gravity of the violation, such other mitigating
or aggravating factors as the Commission may find to exist, and
the good faith of the public
utility, corporation other than a public utility, or person acting as a public
utility charged in attempting to achieve compliance after notification of a
violation. Nothing in this Section, however, increases or
decreases any minimum or maximum penalty prescribed elsewhere in this Act.
(b) If timely judicial review of a Commission order that imposes a civil
penalty is
taken by the public utility, corporation other than a public utility, or person
acting as a public utility 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 at the post-judgment rate set forth in Section 2-1303 of the Code of
Civil Procedure
shall accrue from 60 days after the date of service of the Commission
order.
(c) Actions to recover delinquent civil penalties under this Act 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 corporation
complained
of, if any, has its principal place of business, or in which the person, if
any, complained of, resides. The action shall be commenced and prosecuted to
final judgment by the Commission. In any such action, all interest incurred up
to the time of final court judgment may be sued for and 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. All fines and penalties recovered by the State
in any such action shall be paid into the State treasury to the credit of the
General Revenue Fund. 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. 93-457, eff. 8-8-03.)
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