Section 350.120  Review System for Contested Cases

a)         The Director and/or his/her designee shall afford a hearing to any public employer who, within 15 days after receiving a citation, a proposed assessment of penalty or a notification of violation of a health and safety standard, makes a written request for a hearing.  The interested employer can base the request on an appeal of the citation order, the notice of penalty or the abatement period.

b)         The Director and/or his/her designee shall afford a hearing to any employee or representative who makes a written request for a hearing within 15 working days after receipt of a citation order.  The hearing will be limited to appealing the period of time fixed in the citation for the abatement of the violation.

c)         The Director, after considering the evidence presented in a formal hearing, will enter a final decision and order no later than 15 working days after the hearing that affirms, modifies or vacates the original citation, proposed penalty or abatement period.

d)         Any party adversely affected by a final violation order or determination of hearing by the Director and/or designee may obtain a judicial review by filing a complaint for review within 35 days after the order is entered.  If no appeal is taken within the 35 days, the order of the Director shall become final.

e)         The Area Manager can conduct an informal review of citations and abatement dates upon request by interested parties or public employers prior to a formal appeal.  The Area Manager may modify or withdraw a penalty, a citation or a citation item if the employer presents evidence that convinces the Area Manager that the changes are justified.

f)         Hearings conducted by the Department under this Part shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and 56 Ill. Adm. Code 120.