Illinois Compiled Statutes

220 ILCS 5/5-202.1 (2026)

Misrepresentation before Commission; penalty

✓ current as of May 2026
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(220 ILCS 5/5-202.1)
    Sec. 5-202.1. Misrepresentation before Commission; penalty.
    (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.
(Source: P.A. 99-906, eff. 6-1-17.)

    
Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014).
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “220 ILCS 5/5-202.1 (West 2008). The Commission has the duty to ensure regulated utilities obey the Public Utilities Act and other statutes, except where enforcement duties are “specifically vested in some other officer or tribunal.”
State of Illinois ex rel. Pusateri v. Peoples Gas Light & Coke Co., 2014 IL 116844 (Ill. 2014). “220 ILCS 5/5-202.1 (West 2008). The Commission has the duty to ensure regulated utilities obey the Public Utilities Act and other statutes, except where enforcement duties are “specifically vested in some other officer or tribunal.”
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