Ill. Admin. Code tit. 92, § 1480.500 - Standards
In deciding whether to place a license, registration or permit holder on probation, the Commission shall consider the following factors:
a) Lack of good faith or
intent, including:
1) Past compliance history
of the license, registration or permit holder; and
2) Whether a violation is the result of
willful conduct or comes about through mistake, inadvertence or
negligence;
b) Degree to
which the violative conduct was harmful to the public;
c) Financial benefit accruing to the license,
registration or permit holder as a result of its illegal activities;
d) Mitigating circumstances, including:
1) Whether the violation's occurrence was
attributable to causes beyond the license, registration or permit holder's
control rather than to license, registration or permit holder's fault or
intent; and
2) Whether the
violation's occurrence was attributable to action by the Commission that
precluded compliance;
e)
Whether probation would deprecate the seriousness of the license, registration
or permit holder's conduct; and
f)
Any other factors the Commission deems appropriate.
Notes
Amended at 38 Ill. Reg. 5821, effective March 14, 2014
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In deciding whether to place a license, registration or permit holder on probation, the Commission shall consider the following factors:
a) Lack of good faith or intent, including:
1) Past compliance history of the license, registration or permit holder; and
2) Whether a violation is the result of willful conduct or comes about through mistake, inadvertence or negligence;
b) Degree to which the violative conduct was harmful to the public;
c) Financial benefit accruing to the license, registration or permit holder as a result of its illegal activities;
d) Mitigating circumstances, including:
1) Whether the violation's occurrence was attributable to causes beyond the license, registration or permit holder's control rather than to license, registration or permit holder's fault or intent; and
2) Whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
e) Whether probation would deprecate the seriousness of the license, registration or permit holder's conduct; and
f) Any other factors the Commission deems appropriate.
Notes
Amended at 38 Ill. Reg. 5821, effective March 14, 2014