625 ILCS 5/18c-1704
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18c - Illinois Commercial Transportation Law

 (from Ch. 95 1/2, par. 18c-1704)Sec. 18c-1704.     Sanctions.     Each violation of this Chapter shall subject  the violator to the following sanctions, except as otherwise provided  elsewhere in this Chapter.  Sanctions provided for in this Section may be  imposed by the Commission only in compliance with the notice and hearing  requirements of Section 18c-2102 of this Chapter.(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall  constitute a Class C misdemeanor.(2) Civil Penalties. The Commission may assess, against any person found  by it to have violated this Chapter, a civil penalty not greater than  $1,000 nor less than $100 per violation.  The penalty assessed by the  Commission shall reflect the number and severity of violations found to  have been committed.  Penalties assessed by the Commission shall be  enforced by any court having venue in enforcement cases under this Chapter.(3) Cease and Desist Orders.  The Commission may, where  a person is found after hearing to have violated this Chapter, Commission  regulations or orders, and justice requires, order the person to cease and  desist from further or from any future violations.  A cease and desist order  may be entered on the Commission's own motion or by agreement between the  parties. Orders and agreements under this Section shall be valid and  enforceable for the period stated therein, not to exceed 2 years from the  date the order or agreement is approved by the Commission, unless the  parties stipulate otherwise.  Such orders and agreements shall be  enforceable in any court of this State having venue and jurisdiction in  enforcement actions under this Chapter.  Failure to comply with a  Commission cease and desist order shall constitute a violation of this  Chapter separate and apart from any underlying violations.(4) Stipulated Settlements.(a) General Provisions.  The Commission may accept a     reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations.(b) Presumption of Reasonableness. Such stipulations     shall be presumed reasonable. Unless the terms of a stipulation exceed such parameters as the Commission may establish, this presumption is rebuttable only by evidence of record at hearing.(c) Parameters.  Parameters for settlement shall be     based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations.  Minimum settlement amounts may be established.(d) Orders.  Orders suspending proposed settlements     shall cite reasons for suspension which are specific to the case.  Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence which supports such findings.(5) Injunctive Relief. Any court with jurisdiction and venue for  purposes of enforcing this Chapter shall have the power to enjoin any person  from committing violations of this Chapter.  Suit for penalties shall not  be a prerequisite to injunctive relief.  No bond shall be required when  injunctive relief is granted at the request of the Commission.(6) Suspension or Revocation of Licenses and Registrations.(a) Availability of Suspension and Revocation as     Sanctions. Violation of this Chapter by a motor carrier of property or passengers shall, in addition to other sanctions provided herein, subject the violator to suspension or revocation of any or all Commission licenses and registrations.  The Commission may impose the sanctions of suspension and revocation.  Where the violation is failure of a motor carrier of property or passengers to have in effect and file proof of continuous insurance coverage in accordance with this Chapter, Commission regulations and orders, the license or registration or both may be suspended by telephonic or telegraphic directive, confirmed by certified or registered mail or personal service, pending final disposition of revocation proceedings.(b) Suspension Pending Adjudication. Where the     violation is failure of a motor carrier of property to pay a franchise or franchise renewal fee, the license or registration or both may be suspended by certified or registered mail or personally served directive, pending final disposition of revocation proceedings.(c) Special Revocation Procedures.(i) Notice. The Commission shall serve notice         upon all persons who have failed to pay a franchise tax, license fee, or penalty required under the Business Corporation Act of 1983, or who have failed to comply with this Chapter, Commission regulations and orders, regarding the filing of proof of continuous insurance or bond coverage, the payment of periodic fees, the filing of periodic reports, the payment of civil penalties, or the filing of rates to the full extent of a carrier's authority. The notice shall advise such person of the apparent violations and state that, unless the Commission receives a written request for hearing or extension of time within 30 days from the date the notice is served, the person's license or registration will be revoked by operation of law without further action by the Commission.(ii) Extensions of Time. The Commission may grant         one extension of time not exceeding 60 days where the extension will not endanger the public.(iii) Request for Hearing. If a timely written         request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.(iv) Revocation by Operation of Law. If, at the         expiration of the applicable time period, the person has not complied with the pertinent requirements, and a written request for hearing has not been received, the person will be deemed to have waived hearing and the license or registration shall be revoked by operation of law without further action by the Commission as if the Commission has served an order on the date following expiration revoking the license or registration.(7) Probation. The Commission may probate the imposition of any of the  sanctions set forth in this Section.    (Source: P.A. 88-415.)