Section 265.200  Initial Consideration by Staff

a)         Upon the receipt of a report of a suspected violation, the Staff of the Commission shall consider the matter and determine whether a violation has occurred. Staff's consideration may include, among other things, one or more of the following:

1)         Verification of records;

2)         Informal meetings;

3)         Teleconferences;

4)         Photo-documentation; and

5)         Comments or correspondence obtained from the parties involved.

b)         If Staff determines that a violation has occurred, Staff shall also consider the appropriate amount, if any, of a penalty to assess. In determining the amount of the penalty, Staff shall consider the alleged violator's:

1)         Gravity of noncompliance with the law;

2)         Culpability;

3)         History of noncompliance;

4)         Ability to pay the penalty;

5)         Good faith in attempting to comply with the law;

6)         Ability to continue in business; and

7)         Any other special circumstances relevant to the matter. [220 ILCS 50/11(j)]

c)         Any penalties assessed shall not exceed the maximum penalties provided by Section 11 of the Act [220 ILCS 50/11].