220 ILCS 5/13-304
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XIII - Telecommunications

(Section scheduled to be repealed on December 31, 2026)Sec. 13-304. Action to recover civil penalties.(a) The Commission shall assess and collect all civil penalties established  under this Act against  telecommunications carriers, corporations other than telecommunications  carriers, and persons acting as telecommunications carriers.  Except for the penalties provided under  Section 2-202, civil penalties may be assessed only after notice and  opportunity to be heard.  Any such civil penalty may be compromised by the  Commission.  In determining the amount of the civil penalty to be assessed, or  the amount of the civil penalty to be compromised, the Commission is authorized  to consider any matters of record in aggravation or mitigation of the penalty,  including but not limited to the following:(1) the duration and gravity of the violation of the     Act, the rules, or the order of the Commission;(2) the presence or absence of due diligence on the     part of the violator in attempting either to comply with requirements of the Act, the rules, or the order of the Commission, or to secure lawful relief from those requirements;(3) any economic benefits accrued by the violator     because of the delay in compliance with requirements of the Act, the rules, or the order of the Commission; and(4) the amount of monetary penalty that will serve to     deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act, the rules, or the order of the Commission by the violator and other persons similarly subject to the Act.(b) If timely judicial review of a Commission order that imposes a civil  penalty is taken by a telecommunications carrier, a corporation other than a  telecommunications carrier,  or a person acting as a telecommunications carrier on whom or on which the  civil penalty has been imposed, the reviewing court shall enter a judgment on  all amounts upon affirmance of the Commission order.  If timely judicial review  is not taken and the civil penalty remains unpaid for 60 days after service of  the order, the Commission in its discretion may either begin revocation  proceedings or bring suit to recover the penalties.  Unless stayed by a  reviewing court, interest shall accrue from the 60th day after the date of  service of the Commission order to the date full payment is received by the  Commission.(c) Actions to recover delinquent civil penalties under this Section shall  be brought in the name of the People of the State of Illinois in the circuit  court in and for the county in which the cause, or some part thereof, arose, or  in which the entity complained  of resides. The action shall be commenced and prosecuted to final judgement by  the Commission.  In any such action, all interest incurred up to the time of  final court judgment may be recovered in that action.  In all such actions, the  procedure and rules of evidence shall be the same as in ordinary civil actions,  except as otherwise herein provided.  Any such action may be compromised or  discontinued on application of the Commission upon such terms as the court  shall approve and order.(d) Civil penalties related to the late filing of reports, taxes, or other  filings shall be paid into the State treasury to the credit of the Public  Utility Fund.  Except as otherwise provided in this Act, all other fines and  civil penalties shall be paid into the State treasury to the credit of the  General Revenue Fund.  (Source: P.A. 100-20, eff. 7-1-17.)