Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1480 - COLLATERAL RECOVERY › Subpart S - ENFORCEMENT › Section 1480.440 - Informal Settlement in Lieu of Formal Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the institution of formal enforcement proceedings by
				  the Commission staff before the Commission, a respondent shall be given the
				  opportunity to settle, at an informal staff level, any controversy regarding
				  the respondent's alleged illegal activity under the Act or this Part.
a) The Notice of Alleged Violation and
				Opportunity to Settle (NAVOS) setting forth the alleged violations of the Act
				or this Part shall be served on the respondent and shall specify the procedure
				for the respondent to exercise his or her option to settle. Included will be
				instructions to telephone or write to the specific Commission staff member
				assigned to the case to request and schedule a settlement conference if the
				respondent chooses to exercise the settlement option. The respondent shall have
				20 days from the date of service to exercise his or her option to
				settle.
b) Monetary settlements
				specified in the NAVOS shall be based upon the minimum $100 and maximum amounts
				per violation set forth in Section 80 of the Act.
c) An amount less than the minimum
				established in the NAVOS may be agreed upon between the staff of the Commission
				and the respondent during informal settlement discussions. The agreed upon
				amount shall be incorporated in a stipulated settlement agreement presented to
				the Commission for approval or rejection according to Section
				1480.440.
d) Stipulated Settlement Agreements. The
				Commission staff shall have the power to negotiate and sign proposed
				settlements of enforcement proceedings by written stipulation. The Commission
				may accept a reasonable monetary settlement and any other reasonable terms
				stipulated between the respondent and staff, with or without a finding of
				violations at hearing. The Commission shall review the proposed settlements
				within 30 days after a stipulation is signed by the parties. Unless a
				stipulation is suspended for review by order of the Commission served within 30
				calendar days after it was signed by the parties, it shall be deemed accepted
				by operation of law. A stipulation that has been suspended for review shall
				likewise be deemed accepted by operation of law unless it is rejected by order
				of the Commission served within 45 days after it was suspended. A stipulation
				that is deemed accepted under this subsection shall become effective and shall
				be enforceable in the same manner as an order of the Commission. Orders
				suspending proposed settlements shall cite reasons for suspension that 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 that supports the findings.
e) Settlement amounts shall be determined
				upon consideration of the respondent's past compliance history, cooperation
				with authorities in the resolution of the dispute, willingness to comply with
				the Act and this Part, the type of violation, the amount of revenue realized
				from the unlawful activities, and the number of violations.
f) If a settlement agreement is not reached,
				the matter will be set for hearing pursuant to the Act and the Commission's
				Rules of Practice (83 Ill. Adm. Code 200) before an Administrative Law
				Judge.
g) The respondent's right to
				a hearing and his or her position at hearing will not be prejudiced in any way
				if settlement is not reached.