220 ILCS 5/4-203
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article IV - General Powers And Duties Of Commission - Intergovernmental Cooperation - Construction

 (from Ch. 111 2/3, par. 4-203)Sec. 4-203.     Action to recover penalties.(a) All civil penalties established under this Act shall be assessed and  collected  by the Commission. Except for the penalties provided under Section 2-202, civil  penalties may be assessed only after notice and opportunity to be heard.  In  determining the amount of the  penalty, the Commission shall consider  the appropriateness of the penalty to the size of the business of the public  utility, corporation other than a public utility, or person acting as a public  utility charged, the gravity of the violation, such other mitigating  or aggravating factors as the Commission may find to exist, and  the good faith of the public  utility, corporation other than a public utility, or person acting as a public  utility charged in attempting to achieve compliance after notification of a  violation. Nothing in this Section, however, increases or  decreases any minimum or maximum penalty prescribed elsewhere in this Act.(b) If timely judicial review of a Commission order that imposes a civil  penalty is  taken by the public utility, corporation other than a public utility, or person  acting as a public utility 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 at the post-judgment rate set forth in Section 2-1303 of the Code of  Civil Procedure  shall accrue from 60 days after the date of service of the Commission  order.(c) Actions to recover delinquent civil penalties under this Act 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 corporation  complained  of, if any, has its principal place of business, or in which the person, if  any, complained of, resides.  The action shall be commenced and prosecuted to  final judgment by the Commission.  In any such action, all interest incurred up  to the time of final court judgment may be sued for and 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.  All fines and penalties recovered by the State  in any such action shall be paid into the State treasury to the credit of the  General Revenue Fund.  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. 93-457, eff. 8-8-03.)