Ill. Admin. Code tit. 92, § 386.1180 - Assessment Considerations
a)
In assessing a civil penalty under the provisions of this Part, the assessment
is made only after considering:
1) the nature
and circumstances of the violation;
2) the extent and gravity of the
violation;
3) the degree of the
respondent's culpability;
4) the
respondent's history of prior offenses;
5) the respondent's ability to pay;
and
6) the effect on the
respondent's ability to continue in business (Section 18b-107(b) of the
Law).
b) The manner in
which these factors are considered by the Department is that the facts gathered
by the Department, as well as the facts and arguments obtained from the
respondent during the informal conference process, are weighed and considered
by the Department in determining or revising the assessed penalty in light of
the factors stated in subsections (a)(1) through (6). The respondent may
request a formal hearing, in accordance with Section
386.1150, to
present evidence to the presiding officer, who shall weigh all of the relevant
evidence presented in light of the factors stated in this Section.
Notes
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