815 ILCS 402/35
§ 815 ILCS 402/35. Violation; relief
Sec. 35. Violation; relief.
(a)
The Illinois Commerce Commission may initiate administrative proceedings in
accordance with rules adopted under this Act relating to a knowing and willful violation of Section 10 [815
ILCS 402/10].
(b)
If it is determined after a hearing that a person has knowingly and willfully violated one or more
provisions of this Section, the Illinois Commerce Commission may assess a fine not to exceed $ 1,000 for the
first violation and not to exceed $ 2,500 for a second or subsequent violation. Each individual violation of
Section 10 of this Act [815 ILCS 402/10] shall be a separate and distinct offense under this Section. In
imposing a penalty under this Section, the Commission shall, at a minimum, consider the following factors:
(1)
whether the offense was knowing or willful;
(2)
whether the entity committing the offense has a prior history of non-compliance with this Act;
(3)
the offender's relative ability to pay a penalty;
(4)
whether the offender has or has not cooperated with the Commission in pursuing the investigation; and
(5)
such other special, mitigating or aggravating circumstances as the Commission may find to exist.
(c)
Any proceeding conducted under this Section is subject to the Illinois Administrative Procedure Act [5
ILCS 100/1-1 et seq.].
(d)
Nothing in this Section may be construed to restrict any right that any person may have under any other
law or at common law.
(e)
No action or proceeding may be brought under this Section:
(1)
more than one year after the person bringing the action knew or should have known of the occurrence of the
alleged violation; or
(2)
more than one year after the termination of any proceeding or action arising out of the same violation or
violations by the State of Illinois, whichever is later.
(f)
The remedies, duties, prohibitions, and penalties in this Act are not exclusive and are in addition to all
other causes of action, remedies, and penalties provided by law.
(g)
There is created in the State Treasury a special fund to be known as the Restricted Call Registry Fund.
All fines collected in the administration and enforcement of this Act shall be deposited into the Fund. Moneys
in the Fund shall, subject to appropriation, be used by the Illinois Commerce Commission for implementation,
administration, and enforcement of this Act.
RESTRICTED CALL REGISTRY ACT
