§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.

 

(Source:  Amended at 38 Ill. Reg. 5821, effective March 14, 2014)