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(220 ILCS 5/5-202.1)
Sec. 5-202.1. Misrepresentation before Commission; penalty.
(a) Any person or corporation, as defined in Sections 3-113 and 3-114 of
this Act, who knowingly misrepresents facts to the Commission in response to any Commission contact, inquiry or discussion or knowingly aids another in doing
so in response to any Commission contact, inquiry or discussion or knowingly permits another to
misrepresent facts through testimony or the offering or withholding of
material information in any
proceeding shall be subject to a civil penalty. Whenever
the Commission is of
the opinion that a person or corporation is misrepresenting or has
misrepresented facts,
the Commission may initiate a proceeding to determine
whether a misrepresentation has in fact occurred. If the Commission finds
that a person or corporation has violated this Section, the Commission shall
impose a penalty of not less than $1,000. Each
misrepresentation of a fact
found by the
Commission shall constitute a separate and distinct violation. In determining
the amount of the penalty to be assessed, the Commission may consider any
matters of record in aggravation or mitigation of the penalty, as set forth in
Section 4-203, including but not limited to the following:
(1) the presence or absence of due diligence on the |
| part of the violator in attempting to comply with the Act;
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(2) any economic benefits accrued, or expected to be
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| accrued, by the violator because of the misrepresentation; and
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(3) the amount of monetary penalty that will serve to
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| deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act.
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(b) Any action to enforce civil penalties arising under this Section
shall
be undertaken pursuant to Section 4-203.
(c) For purposes of this Section, "Commission," as defined in Section 3-102, refers to any Commissioner, agent, or employee of the Illinois Commerce commission, and also refers to any other person engaged to represent the Commission in carrying out its regulatory or law enforcement obligations.
(Source: P.A. 99-906, eff. 6-1-17.)
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