Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart E - FILING OF A CLAIM FOR WAGES OR FINAL COMPENSATION › Section 300.941 - Response, Investigation, and Referral to Formal Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The respondent
				must, in response, remit payment of all undisputed amounts and submit a written
				explanation of all the amounts remaining in dispute within 20 days after the
				date of mailing or other service of the notice of claim under Section
				300.940(c) and
				(d).
b) The response shall include the reasons for
				non-payment and any business records and other documentation necessary for the
				Department's investigation of the claim.
c) If a respondent fails to answer the claim
				as required in subsections (a) and (b) or fails to answer all material
				allegations contained in the claim, any unanswered allegations shall be deemed
				admitted to be true as of the 21st day following the
				notice of claim.
d) The Department
				will review the information provided by the parties to determine whether wages
				or final compensation may be due and shall decide whether there is sufficient
				evidence to proceed to a formal administrative hearing. If the review
				demonstrates there is insufficient evidence to proceed to a hearing, the claim
				will be dismissed. If the review demonstrates sufficient evidence that the Act
				may have been violated, the matter will be set for a formal administrative
				hearing. The Department will notify all parties of its determination and may
				issue appropriate orders.
e) The
				Department may consider untimely submissions by any party, upon written request
				by the party within a reasonable period of time, if there is a showing that the
				delay was occasioned by a good cause beyond the party's control. Examples of
				good cause include the non-receipt or delayed receipt of mail, accident,
				illness, or other circumstances beyond the party's control.
f) If the matter is set for a formal
				administrative hearing, any document in the files of the Department of Labor
				submitted to it by any of the parties, shall be a part of the record, and shall
				be competent evidence bearing upon the issues. The failure of a party to appear
				at a hearing will not preclude a decision in their favor if, based on all of
				the information contained in the record, they are entitled to that
				decision.
g) Upon timely request to
				the Administrative Law Judge assigned to the case or the Administrative Law
				Judge's supervisor before the beginning of an in-person hearing, a party may
				inspect the case file during the Department's regular business hours at the
				office of the Administrative Law Judge assigned to the case. The Department
				will maintain a written record of the date and name of any person inspecting
				the file. A party may also request electronic access to the records pertaining
				to their case. In the case of a telephone hearing, a file may be inspected at
				the Springfield office or Chicago office, if the request is made at least 2
				working days before the hearing. When the request is timely made, the
				Department will give the party making the request an opportunity to inspect the
				file at least 24 hours before the hearing.
h) For claims filed under Section
				13.5, respondents shall comply
				with subsections (a) and (b) and be subject to the admissions described in
				subsection (c).