Ill. Admin. Code tit. 92 § 1480.500

Current through Register Vol. 48, No. 45, November 8, 2024

Section 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.

Ill. Admin. Code tit. 92, § 1480.500

Amended at 38 Ill. Reg. 5821, effective March 14, 2014