Section 300.400  Relief

a)         The Commission may initiate administrative proceedings in accordance with this Part relating to a knowing and willful violation of Section 10 of the Act. (Section 35(a) of the Act [815 ILCS 402/35(a)])

b)         Any enforcement proceedings for violation of the Act shall be conducted pursuant to 83 Ill. Adm. Code 200.

c)         If it is determined after a hearing that a person has knowingly and willfully violated one or more provisions of Section 35 of the Act, the Commission may assess a fine not to exceed $1,000 for the first violation and not to exceed $2,500 for a second or subsequent violation. Each individual violation of Section 10 of the Act shall be a separate and distinct offense under this Section. In imposing a penalty under Section 35 of the Act, the Commission shall, at a minimum, consider the following factors:

1)         Whether the offense was knowing or willful;

2)         Whether the entity committing the offense has a prior history of non-compliance with the Act;

3)         The offender’s relative ability to pay a penalty;

4)         Whether the offender has or has not cooperated with the Commission in pursuing the investigation; and

5)         Such other special, mitigating or aggravating circumstances as the Commission may find to exist.

d)         No action or proceeding may be brought under this Section:

1)         More than one year after the person bringing the action knew or should have known of the occurrence of the alleged violation; or

2)         More than one year after the termination of any proceeding or action arising out of the same violation or violations by the State of Illinois, whichever is later. (Section 35 of the Act)