(225 ILCS 515/12)
(from Ch. 111, par. 915)
Enforcement of Act; hearing procedure; disciplinary actions; certification of records and costs; action to force compliance with a valid order.
(a) The enforcement of this Act shall be entrusted to the Department of
Labor, which shall appoint such inspectors and officers as it may deem
necessary to carry out the provisions of this Act. The Director of Labor or his authorized representative shall have the power to conduct investigations in connection with the administration and enforcement of this Act, and any investigator with the Department shall be authorized to visit and inspect such places and records as the Director of Labor may deem necessary or appropriate to determine if there has been a violation of this Act.
(b) The Director of Labor
or his designated representative shall have the power and authority to conduct
hearings in accordance with "The Illinois Administrative Procedure Act",
as now or hereafter amended, subject to appropriation and upon complaint by an authorized officer of
the Department of Labor or any interested person of a violation of the Act
or the rules and regulations of the Department of Labor.
The Director of Labor or his duly qualified
assistants shall have the power to issue subpoenas requiring the
attendance of witnesses and the production of books and papers pertinent
to such hearing, and to administer oaths to such witnesses. If any
witness refuses to obey a subpoena issued hereunder, the Director of
Labor may petition the circuit court of the county in which the hearing
is held for an order requiring the witness to attend and testify or
produce documentary evidence. The circuit court shall hear the petition
and if it appears that the witness should testify or should produce
documentary evidence, it may enter an order requiring the witness to
obey the subpoena. The court may compel obedience by attachment
proceedings as for contempt of court. A calendar of all such hearings
shall be kept by the Department of Labor, and shall be posted in a
conspicuous place in its public office for at least one day before the
date of such hearing.
(c) After the hearing, if supported by the evidence, the
Director of Labor may:
(1) issue and cause to be served on any party to a
Whenever the Director
of Labor shall issue an order after hearing as provided in this Section,
the determination shall be reviewable
under and in accordance with
the provisions of the
Administrative Review Law.
(d) The Department
shall certify the record of its proceedings if the party commencing the
proceedings shall pay to it the cost of preparing and certifying such
records, including the recording and transcribing of all testimony
introduced in the proceedings. If payment for such costs is not made by
the party commencing the proceedings for review within 10 days after
notice from the Department of the cost of preparing and certifying the
record, the court in which the proceeding is pending, on motion of the
Director, shall dismiss the complaint. Whenever, for any cause such
license is revoked, the revocation shall not take effect until 7 days
after such revocation is officially announced; and such revocation shall
be considered good cause for refusing to issue another license to the
person or his representative, or to any person with whom he is to be
associated in the business of furnishing employment or employees.
Whenever it appears that any employment agency has violated a valid order
of the Director of Labor issued under this Act, the Director may commence
an action and obtain from the court an order upon the employment agency
commanding the employment agency to obey the order of the Director or be
adjudged guilty of contempt of court and punished accordingly.
(Source: P.A. 99-422, eff. 1-1-16