Section 100.185  Assessment of Civil Penalties

a)         The provisions of Code Sections 9-20 through 9-24 relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Code Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with the Board) and Code Section 9-35(e) (intentional, willful, or material failure to disclose required registration information and failure to update a registration), except that the complaint shall be directed to the registered agent of the business entity or its chief executive officer.  In addition, the provision of Code Section 9-21 pertaining to the 60-day period prior to an election shall not apply to complaints filed under this Section.  If the Board determines that a business entity has intentionally, willfully, or materially failed to disclose required information on its registration, it shall refer that determination to the chief procurement officer of the agency or agencies that accepted a bid or entered into a contract with that business.

b)         The provisions of 26 Ill. Adm. Code 125 apply to complaints filed against business entities.

c)         There is a rebuttable presumption that a business entity acted willfully when a business entity that registers or provides a registration update outside of the deadlines set forth in Code Section 9-35 and in Section 20-160 of the Illinois Procurement Code.  Upon a showing that a business entity has registered or provided a registration outside of the statutory deadlines, the Board will impose a civil penalty as set forth in Code Section 9-35(e).

d)         If the Board determines that a business entity has committed a violation that is neither intentional, willful, nor material, the Board will issue an order directing the business entity to correct the violation.  The failure of a business entity to correct the violation within 30 days after the issuance of the order creates a presumption that the business entity has committed an intentional failure to provide information required under Code Section 9-35.  Upon a failure of a business entity to comply with a Board order entered under this subsection (d), the Board will impose a civil penalty as set forth in Code Section 9-35(e).

e)         Any penalty assessed against a business entity by the Board for violation of Code Section 9-35 shall be paid within 30 days after the assessment of the penalty.  The 30-day period shall commence on the date the letter is sent by the Board to the business entity assessing the penalty.  Any assessed penalty that remains unpaid more than 30 days after the issuance of the final order assessing the penalty will be posted on the Board website, indicating the name of the business entity owing the penalty and stating that the penalty remains unpaid.

(Source:  Amended at 49 Ill. Reg. 8938, effective June 27, 2025)