Section 108.500  Penalties and Costs

The Board will impose penalties and assess costs as follows:

a)         If the AC is defaulted or non-contested as set forth in Section 108.404 or 108.406 of this Part, respectively, the Board will do the following:

1)         Impose on the AC Recipient found to have violated any provision of Section 21(o) of the Act a $500 penalty for each violation of each such provision; and

2)         Impose on the AC Recipient found to have violated any provision of Section 21(p) of the Act a $1,500 penalty for each violation of each such provision, except that the penalty amount imposed will be $3,000 for each violation of any provision of Section 21(p) of the Act that is the AC recipient's second or subsequent adjudicated violation of that provision.

b)         If the AC Recipient contests the AC and the Board finds, based on the record, that the violation occurred and that the AC Recipient has not shown that the violation resulted from uncontrollable circumstances, the Board will do the following:

1)         Impose on the AC Recipient found to have violated any provision of Section 21(o) of the Act a $500 penalty for each violation of each such provision;

2)         Impose on the AC Recipient found to have violated any provision of Section 21(p) of the Act a $1,500 penalty for each violation of each such provision, except that the penalty amount imposed will be $3,000 for each violation of any provision of Section 21(p) of the Act that is the AC recipient's second or subsequent adjudicated violation of that provision; and

3)         Assess the AC Recipient found to have violated any provision of Section 21(o) or (p) of the Act associated hearing costs pursuant to Sections 108.502 and 108.504 of this Subpart.

c)         If the AC Recipient contests the AC but voluntarily withdraws the petition for review pursuant to Section 108.208 of this Part after the hearing starts, the Board will do the following:

1)         Impose on the AC Recipient found to have violated any provision of Section 21(o) of the Act a $500 penalty for each violation of each such provision;

2)         Impose on the AC Recipient found to have violated any provision of Section 21(p) of the Act a $1,500 penalty for each violation of each such provision, except that the penalty amount imposed will be $3,000 for each violation of any provision of Section 21(p) of the Act that is the AC recipient's second or subsequent adjudicated violation of that provision; and

3)         Assess the AC Recipient found to have violated any provision of Section 21(o) or (p) of the Act associated hearing costs pursuant to Sections 108.502 and 108.504 of this Subpart.

(Source:  Amended at 29 Ill. Reg. 8833, effective June 8, 2005)