Sec. 5-202.1. Misrepresentation before Commission; penalty.

320 words·~1 min read·/il/chapter-220/act-5/5-202-1

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(a)Any person or corporation, as defined in Sections 3-113 and 3-114 of this Act, who knowingly misrepresents facts to the Commission in response to any Commission contact, inquiry or discussion or knowingly aids another in doing so in response to any Commission contact, inquiry or discussion or knowingly permits another to misrepresent facts through testimony or the offering or withholding of material information in any proceeding shall be subject to a civil penalty. Whenever the Commission is of the opinion that a person or corporation is misrepresenting or has misrepresented facts, the Commission may initiate a proceeding to determine whether a misrepresentation has in fact occurred. If the Commission finds that a person or corporation has violated this Section, the Commission shall impose a penalty of not less than $1,000. Each misrepresentation of a fact found by the Commission shall constitute a separate and distinct violation. In determining the amount of the penalty to be assessed, the Commission may consider any matters of record in aggravation or mitigation of the penalty, as set forth in Section 4-203, including but not limited to the following:

(1)the presence or absence of due diligence on the part of the violator in attempting

to comply with the Act;

(2)any economic benefits accrued, or expected to be accrued, by the violator because of

the misrepresentation; and

(3)the amount of monetary penalty that will serve to deter further violations by the

violator and to otherwise aid in enhancing voluntary compliance with the Act.

(b)Any action to enforce civil penalties arising under this Section shall be undertaken pursuant to Section 4-203.

(c)For purposes of this Section, "Commission," as defined in Section 3-102, refers to any Commissioner, agent, or employee of the Illinois Commerce commission, and also refers to any other person engaged to represent the Commission in carrying out its regulatory or law enforcement obligations.