Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 386 - PROCEDURES AND ENFORCEMENT › Subpart A - GENERAL PROVISIONS › Section 386.1120 - Commencement of Civil Penalty Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Department has reason to believe
				that a person has committed an act which is a violation of any provision of the
				MCSR or a settlement agreement, and having considered the nature,
				circumstances, extent and gravity of the violation, and with respect to a
				person believed to have committed such a violation, the degree of culpability
				and history of prior offenses or warning letters, the Department, by the
				Director or his authorized representative, shall begin a civil penalty
				proceeding by serving a Notice of Intent to Assess Civil Monetary Penalty, in
				accordance with Section
				386.1020, on a person
				charging that person with having committed an act which is a violation of one
				or more provisions of these regulations or a settlement agreement.
b) A Notice of Intent to Assess Civil
				Monetary Penalty issued under this Section shall include:
1) notice of the provision(s) of the MCSR or
				settlement agreement which the respondent is believed to have
				violated;
2) a brief description of
				the manner in which the respondent is believed to have violated the MCSR or
				settlement agreement;
3) notice of
				the maximum amount of civil penalty for which the respondent may be
				liable;
4) notice of the amount of
				the civil penalty sought to be assessed by the Department;
5) a description of the manner in which the
				respondent shall make payment in accordance with Section
				386.1140 of
				any money to the State;
6) a
				statement that the respondent may request a conference with the Department, by
				verbal or written request to the Director, to review and discuss the alleged
				violation and civil penalty, and of the procedures for requesting a
				conference;
7) a statement that if
				a settlement cannot be reached within 90 days, a Notice of Probable Violation
				will be served upon the respondent, and the respondent will have an opportunity
				for a hearing as provided by Section 18b-107(b) of the Law and Section
				386.1160;
8) a statement that if the respondent does
				not reply to the Notice of Intent to Assess Civil Monetary Penalty within 30
				days after its service upon the respondent, the failure of the respondent to
				reply constitutes a waiver of its right to appear and contest the allegations,
				without further notice to the respondent, and authorizes the Secretary, without
				further notice to the respondent, to find the facts to be as alleged in the
				Notice of Intent to Assess Civil Monetary Penalty and order the assessment of
				the civil penalty stated in the Notice; and
9) a statement that respondent's failure to
				pay a civil monetary penalty as ordered by the Secretary may result in
				revocation or suspension by the Illinois Secretary of State of the registration
				of vehicles owned by respondent or, regardless of ownership, were the subject
				of violations by respondent of the IMCSR, pursuant to
				625
				ILCS 5/3-704(b).