Ill. Admin. Code tit. 2 § 1620.530

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1620.530 - Decision of the Commission

a) Within 60 days after the hearing or after briefs are due, whichever is later, the Commission shall enter a decision.

b) When the Commission is determining an appropriate fine pursuant to either Section 20-90(d) or 50-5 of the Act after a finding of liability, the Commission may consider the following mitigating and aggravating factors:

1) nature of violations;

2) the scope of the violation or scheme of violations;

3) the use of title or position;

4) the extent of the use of resources, money, time to the State;

5) the extent of a respondent's intent or knowledge of the facts surrounding the violation;

6) premeditation;

7) the duration of any series of violations;

8) position of authority;

9) involvement of others, especially other State employees;

10) impact on an ongoing investigation or the operations of government;

11) any impact statement submitted by a 20-63 Complainant;

12) self-disclosure;

13) cooperation;

14) in the absences of substantial aggravating factors, a self-employed person's incidental business or employment matters that are not reported under Section 5-45(f) of the Act in a timely manner or involve subject matter not directly related to prior State employment and that entail monetary amounts of less than $5,000 are deemed to be offenses warranting a warning or minimal fine;

15) prior disciplinary record or Ethics Act violation; and

16) years of service and type of service with the State.

c)The decision shall include a description of the alleged misconduct, the decision of the Commission, including any fines levied and any recommendation of discipline and the reasoning for that decision. [5 ILCS 430/20-55(a) ]

d) Decisions of the Commission shall be signed by at least 5 commissioners.

e)All decisions shall be delivered to the head of the appropriate State agency, the appropriate ultimate jurisdictional authority, the Executive Inspector General or Secretary of State Inspector General, as appropriate, the respondent, and the Attorney General. [5 ILCS 430/20-55(a) ]

f) Once a complaint has been filed with the Commission, any proposed settlement reached by the parties must be submitted to the Commission for review and approval.

Ill. Admin. Code tit. 2, § 1620.530

Amended at 36 Ill. Reg. 13826, effective August 21, 2012

Recodified at 42 Ill. Reg. 5044.

Amended at 42 Ill. Reg. 13550, effective 6/26/2018

Amended at 47 Ill. Reg. 12045, effective 7/31/2023