(820 ILCS 220/2.4)
(from 820 ILCS 220/2, in part)
(a)(1) An employer, or an agent, manager or
superintendent thereof, after receiving a citation, a proposed
assessment of penalty, or a notification of failure to correct violation
from the Director of Labor or his or her authorized agent that he or she is
in violation of this Act, the Health and Safety Act, or any occupational safety or health standard, rule, or order pursuant to either Act, may within 15 working days from receipt of the notice of citation
or penalty request in writing a hearing before the Director for an appeal
from the citation order, notice of penalty, or abatement period.
(2) An informal review may be requested by the aforementioned parties within those 15 days for an authorized representative of the Director of Labor to review abatement dates, to reclassify violations (such as willful to serious, serious to other than serious), and/or to modify or withdraw a penalty, a citation, or a citation item if the employer presents evidence during the informal conference which convinces the authorized representative that the changes are justified.
(3) If, within 15 working days from the receipt of the notice issued by the Director, the employer fails to notify the Director that he or she intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or employee representative under subsection (b) within such time, the citation and the assessment, as proposed, shall be deemed a final order and not subject to review by any court or agency.
(b) Any employee or representative of an employee may within 15 working days
of the issuance of a citation file a request in writing for a hearing
before the Director for an appeal from the citation on the
ground that the period of time fixed in the citation for the abatement
of the violation is unreasonable.
(2) If an
employer or his or her
representatives notifies the Director that he intends to contest a citation or notification or if, within 15 working days of the issuance of the citation, any employee or representative of employees files a notice with the Director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Director shall afford an opportunity for a hearing before an Administrative Law Judge designated pursuant to subsection (b) of Section 2.10. At the hearing the
employer or employee shall state his or her
objections to such citation and provide evidence why such citation shall
not stand as entered. The Director of Labor or his or her representative
shall be given the opportunity to state his or her reasons for entering
such violation citation. Affected employees shall be provided an
opportunity to participate as parties to hearings under the rules of
procedure prescribed by the Director (56 Ill. Admin. Code, Part 120).
(3) The Administrative Law Judge on behalf of the
Director, in consideration of the evidence presented
at the formal hearing, shall in accordance with his rules enter a final decision
and order within a reasonable time affirming,
modifying or vacating the citation or proposed penalty, or
directing other appropriate relief.
(A) Any party adversely affected by a final violation
order or determination of the Administrative Law Judge on behalf of the Director may obtain judicial review by filing a complaint for review within 35 days after the entry of the order or other final action complained of, pursuant to the provisions of the Administrative Review Law, all amendments and modifications thereof, and the rules adopted pursuant thereto.
(B) If no appeal is taken within 35 days the order
(C) Judicial reviews filed under this Section shall
(6) The Director of Labor and/or the Administrative Law Judge on behalf of the Director of Labor has the power:
(A) To issue subpoenas for and compel the attendance
of witnesses and the production of pertinent books, papers, documents or other evidence.
(B) To hear testimony and receive evidence.
(C) To order testimony of a witness residing within
or without this State to be taken by deposition in the manner prescribed by law for depositions in civil cases in the circuit court in any proceedings pending before him or her at any state of such proceeding.
Subpoenas and commissions to take testimony shall be under seal of the Director of Labor.
Service of subpoenas may be made by any sheriff or any other person. The circuit court for the county where any hearing is pending
may compel the attendance of witnesses, the production of pertinent books, papers, records, or documents and the giving of testimony before the Director of Labor or an Administrative Law Judge by an attachment proceeding, as for contempt, in the same manner as the production of evidence may be compelled before the court.
(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)