reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.130 - Fees and Charges of Arbitrators and the Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except for collective bargaining
			 agreements executed prior to July 1, 1987, or stipulations to arbitrate
			 executed prior to that date, an administrative filing fee is charged by the
			 IAS. In instances of a joint request to arbitrate, the administrative fee
			 (payable by two checks or one) is a total of $200. Where a request is made for
			 a panel or designation of an arbitrator, the fee chargeable to that party is
			 $100; a bill will be sent to the other party with the designation or panel list
			 notification.
b) The current policy
			 of the IAS permits each of its nominees or appointees to charge a per diem fee,
			 except for Department of Labor employees, who will not charge for their
			 services. All other nominees or appointees will be enabled to charge a per diem
			 fee and other predetermined fees for services, the amount of which has been
			 certified in advance to the IAS and is less than or equal to the maximum
			 allowed by the IAS. The arbitrator's fees will be set forth on a biographical
			 sketch which is sent to the parties when panels are submitted and are the
			 controlling fees, if in compliance with the IAS limitations. The arbitrator
			 shall not change any fee or add charges without giving at least 30 days advance
			 notice to the IAS.
c) The IAS's
			 maximum limitations are $40 an hour or $200 a day, applicable to each day of
			 hearing and to up to and including two days of consideration and award writing,
			 for the per diem fee. An arbitrator may charge in addition for the costs of
			 phone calls, postage, and up to and including 30 per page for copies. An
			 arbitrator may charge for mileage at the rate of 32 per mile, measured from
			 either his stated location or a point of departure nearer the hearing in going
			 to a hearing, or measured from the place of hearing to his stated location or a
			 nearer point of ending his journey, on return. Plane and train or bus fares may
			 be charged on the basis of cost, in which a case copy of the receipt must be
			 included in the statement of expenses and fees to the parties and the IAS, as
			 must be car rental fees and motel fees and meals.
d) The IAS requests that it be notified of
			 any arbitrator's deviation from the policies expressed in this Section.
			 However, the IAS will not attempt to resolve any fee dispute.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.140 - Reports and Biographical Sketches

Current through Register Vol. 48, No. 28, July 12, 2024
a) Arbitrators listed on the Roster shall
			 execute and return all materials related to the case. They shall also keep the
			 IAS informed of changes of address, telephone number, availability, and of any
			 business or other connection or relationship which involves labor-management
			 relations, or which creates or gives the appearance of advocacy as defined in
			 Section
			 110.50(b)(3).
b) The IAS may require each arbitrator listed
			 on the Roster to prepare at the time of initial listing, and to revise,
			 biographical information in accordance with a format to be provided by the IAS
			 at the time of initial listing or biennial review. Arbitrators may also request
			 revision of biographical information at other times to reflect changes in fees,
			 the existence of additional charges, address, experience and background, or
			 other relevant data. The IAS reserves the right to decide and approve the
			 format and content of biographical sketches.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.150 - Status of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
It is the understanding of the IAS that hearings conducted
				under this regulation remain private hearings of the parties and are not
				subject to any open meeting act provisions contained in any statute. In
				providing the IAS, the Department does not require or request that an
				arbitrator report to the State, the Department or the IAS violations of any
				state statutes revealed or that agreements be interpreted to conform to the
				State or Department position on any matter of law.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - GENERAL PROVISIONS › Section 120.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all administrative hearings
				  concerning contested cases conducted under the jurisdiction of the Director of
				  Labor and/or the Department of Labor, except for formal hearings conducted
				  under the Wage Payment and Collection Act [820 ILCS 115 ]. This Part shall
				  apply to all formal hearings before the Department, unless the application of
				  this Part would cause delay or otherwise affect the rights of the parties. The
				  review procedures in Sections
				  120.640
				  and
				  120.650
				  are effective for any case pending on August 15, 2014 in which testimony was
				  heard and evidence was received into the record, but for which a decision had
				  not been issued from the ALJ, on that date.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - GENERAL PROVISIONS › Section 120.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Administrative Law Judge" or "ALJ" means an attorney,
				  licensed to practice law in the State of Illinois, presiding over an
				  administrative hearing convened under this Part.
"Contested case" means an adjudicatory proceeding (not
				  including ratemaking, rulemaking, or quasi-legislative, informational, or
				  similar proceedings) in which the individual legal rights, duties, or
				  privileges of a party are required by law to be determined by an agency only
				  after an opportunity for a hearing. [5
				  ILCS 100/1-30 ]
"Day" means a calendar day.
"Department" means the Department of Labor.
"Director" means the Director of the Department of Labor or
				  the Director's designee.
"Document" means pleading, notice, motion, affidavit,
				  memorandum, brief, petition, or other paper or combination of papers required
				  or permitted to be filed.
"Evidence" means those matters considered evidence under the
				  Illinois Rules of Evidence [735 ILCS 5 /Art. VIII].
"IAPA" means the Illinois Administrative Procedure Act [5
				  ILCS 100 ].
"Party" means each person or agency named or admitted as a
				  party or properly seeking and entitled as of right to be admitted as a party.
				  [5 ILCS 100/1-55
				  ]
"Person" means any individual, partnership, corporation,
				  limited liability company, association, governmental subdivision, or public or
				  private organization of any character other than an agency of State
				  government.
"Statement" means a written statement made by a witness and
				  signed or otherwise adopted or approved by the witness, or a stenographic,
				  mechanical, electrical or other recording, or a transcription of the recording
				  that is a substantially verbatim recital of an oral statement made by the
				  witness to an agent of the person obliged to produce the statement and recorded
				  contemporaneously with the making of this oral statement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - GENERAL PROVISIONS › Section 120.120 - Burden and Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The party applicant or complainant shall have the burden of
				  proof. The standard of proof for any hearing conducted under this Part shall be
				  the preponderance of the evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - GENERAL PROVISIONS › Section 120.140 - Form of Papers Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) A document
				shall clearly show the title of the subject proceedings, nature of the document
				(i.e., motion, petition), the relevant statute that relates to the proceeding,
				the case number and the ALJ who is hearing the matter;
b) Documents shall be typewritten or
				reproduced from typewritten copy on 81/2 by 11-inch plain white paper, shall
				have margins no less than one inch on each side, shall be in a typeface no
				smaller than 12 point type, and shall be double spaced (except that quotations
				and footnotes may be single spaced). Carbon copies shall not be filed and will
				not be accepted. Nonconforming papers may, at the Director's or ALJ's
				discretion, be rejected;
c)
				Exhibits, when possible, shall be reduced or enlarged to conform to the size
				requirements of subsection (b). A party is not prohibited from enlarging an
				exhibit at hearing for demonstrative purposes as long as the exhibit is reduced
				to the size requirement in this subsection (c) for the record; and
d) One copy of each document filed shall be
				signed by the party or by its authorized representative or attorney. All
				documents shall bear the business address, e-mail address, fax number, if any,
				and telephone number of the attorney filing the document, or of the party who
				appears on his or her own behalf.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - NOTICE OF HEARING, SERVICE AND APPEARANCE › Section 120.200 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				shall be initiated by the Director's issuance of a written Notice of Hearing,
				which shall be served upon all known parties to the hearing. Hearings under the
				Child Labor Law [820 ILCS 205 ] shall take priority over all other
				hearings.
b) Service shall be
				complete when the Notice of Hearing is served:
1) in accordance with how a summons is served
				on a person under Part 2 of the Civil Practice Law [735 ILCS 5 /Art. II, Part
				2];
2) by certified U.S. Mail,
				postage prepaid, addressed to the last known address of the person involved not
				less than 15 days before the day designated for the hearing; or
3) by U.S. mail, postage prepaid, to the
				address on file with the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - NOTICE OF HEARING, SERVICE AND APPEARANCE › Section 120.220 - Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				entitled to participate in proceedings may appear as follows:
1) A natural person may appear on his or her
				own behalf or by an attorney at law licensed and registered to practice in the
				State of Illinois.
2) A corporation
				may appear through any officer designated or authorized to act on behalf of the
				corporation, employee, or representative, or by an attorney at law licensed and
				registered to practice in the State of Illinois.
3) Any other person, including the State of
				Illinois, its agencies and all political subdivisions, may appear through any
				officer, employee, or representative, or by an attorney licensed and registered
				to practice in the State of Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - MOTION, JOINDER AND INTERVENTION › Section 120.300 - Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party
				receiving a complaint and Notice of Hearing shall file a written answer to the
				complaint not later than 15 days after receiving the complaint and Notice of
				Hearing. The respondent shall specifically admit, deny or explain each of the
				facts alleged in the complaint. However, if the respondent is without
				knowledge, the respondent shall so state and that statement operates as a
				denial. All allegations in the complaint, if no answer is filed, or any
				allegation in the complaint not specifically denied or explained in an answer
				filed, unless the answer states that the respondent is without knowledge, shall
				be deemed to be admitted to be true and shall be so found by the ALJ, unless
				good cause to the contrary is shown.
b) When a hearing is scheduled in a matter in
				which a complaint is not issued, an answer shall not be required and the matter
				shall proceed under this Part.
c)
				An original and one copy of the answer shall be filed with the ALJ. Immediately
				upon the filing of the answer, the respondent shall serve a copy on the
				Director and other parties. An answer of a party represented by counsel or
				non-attorney representative shall be signed by at least one attorney or
				non-attorney representative of record in his or her individual name, whose
				address shall be stated. A party who is not represented by an attorney or
				non-attorney representative shall sign his or her answer and state his or her
				address. Except when otherwise specifically provided by rule or statute, an
				answer need not be verified or accompanied by affidavit. The signature of the
				attorney or non-attorney party representative constitutes a certificate by him
				or her that he or she has read the answer; that, to the best of his or her
				knowledge, information and belief, there is good ground to support it; and that
				it is not interposed for delay. If an answer is not signed or is signed with
				intent to defeat the purpose of this Section, it may be stricken as a sham and
				false and the action may proceed as though the answer had not been served. For
				a willful violation of this Section an attorney or non-attorney party
				representative may be subjected to appropriate disciplinary action. Similar
				action may be taken if scandalous or indecent matter is inserted.
d) The ALJ before whom the hearing is
				scheduled may by written order extend the time within which the answer shall be
				filed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - MOTION, JOINDER AND INTERVENTION › Section 120.310 - Consolidation and Severance of Matters

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of convenient, expeditious and complete
				  determination of matters, the Administrative Law Judge may consolidate or sever
				  hearing proceedings involving any number or parties or issues, and may join or
				  sever parties for the complete administration of justice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - MOTION, JOINDER AND INTERVENTION › Section 120.320 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permission to
				Intervene
1) Upon timely written application,
				the ALJ may, in his or her discretion, permit any party to intervene in a
				hearing proceeding, subject to the necessity for conducting an orderly and
				expeditious hearing, when:
A) The party is so
				situated that he or she may be adversely affected by a final order arising from
				the hearing;
B) The party
				requesting intervention is a necessary party to the hearing proceeding;
				or
C) A party's claim or defense
				and the main action have a question of law or fact in common.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - MOTION, JOINDER AND INTERVENTION › Section 120.330 - Postponement or Continuance of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing may be postponed or continued for due cause by the
				  Administrative Law Judge upon his or her own motion or upon the motion of a
				  party to the hearing. A motion by a party shall set forth facts demonstrating
				  that the request for continuance is not for the purposes of delay. Examples of
				  due cause include the unavailability of the Administrative Law Judge, a witness
				  or a party due to an accident, illness or other circumstances beyond the
				  person's control. Notice of any postponement or continuance shall be given in
				  writing to all parties to the hearing within a reasonable time in advance of
				  the previously scheduled hearing date. All parties involved in a hearing shall
				  attempt to avoid undue delay caused by repetitive postponements or continuances
				  so that the subject matter of the hearing may be resolved
				  expeditiously.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart D - PREHEARING CONFERENCES, DISCOVERY AND SUBPOENAS › Section 120.400 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
				ALJ's own motion or the motion of a party, the ALJ may direct the parties or
				their counsel to meet with the ALJ for a conference to consider:
1) Simplification of the issues;
2) Necessity or desirability of amending
				documents for purposes of clarification, simplification or
				limitation;
3) Stipulations and
				admissions of fact and of contents and authenticity of documents;
4) Limitation of the number of
				witnesses;
5) Propriety of prior
				mutual exchange between and among the parties who have prepared testimony or
				exhibits;
6) Rulings on pre-hearing
				motions; and
7) Taking such other
				action and addressing such other matters as may tend to expedite the
				disposition of the proceedings and to assure a just conclusion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.500 - Authority of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
An ALJ presiding over a hearing shall have all powers
				  necessary and appropriate to conduct a full, fair and impartial hearing,
				  including the following:
a) To
				administer oaths and affirmations;
b) To rule upon offers of proof and receive
				relevant evidence;
c) To issue
				subpoenas as provided in Section
				120.420;
d) To rule on issues relating to document
				exchange;
e) To regulate the course
				of the hearing and the conduct of the parties and their counsel;
f) To consider and rule upon procedural
				requests;
g) To hold conferences
				for the settlement or simplification of the issues;
h) To examine witnesses and direct witnesses
				to testify, limit the number of times any witness may testify, limit repetition
				or cumulative testimony, and set reasonable limits on the amount of time each
				witness may testify;
i) To make or
				to cause to be made an inspection of the employment or place of employment
				involved; and
j) To make decisions
				in accordance with the appropriate Act and rules, this Part and the
				IAPA.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.510 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				party may engage in any ex parte communication with an Administrative Law Judge
				or with any member of the Department regarding matters pending before an
				Administrative Law Judge. However, when the Department is a party to the
				proceeding, Department representatives (excluding the Administrative Law Judge)
				may engage in communications with the other party outside the presence of the
				Administrative Law Judge.
b) The
				Administrative Law Judge shall not initiate ex parte communications, directly
				or indirectly, in any matter in connection with any substantive issue, with any
				interested person or party. If the Administrative Law Judge receives any such
				ex parte communication, including any documents, he or she shall inform the
				other parties of the substance of any such oral communication or documents. The
				other parties shall be given an opportunity to review any such ex parte
				communication.
c) Nothing shall
				prevent the Administrative Law Judge from communicating ex parte about routine
				matters such as requests for continuances or opportunities to inspect the file,
				as long as all parties are informed of the substance of the ex parte
				communication. The date and type of communication, the persons involved and the
				results of such routine communications shall be part of the record. A member of
				the Department may communicate with other members of the Department and a
				Department member or Administrative Law Judge may have the aid and advice of
				one or more personal assistants.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.520 - Disqualification of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to the issuance of the Administrative Law
				  Judge's decision or recommendations, a party may move to disqualify the
				  Administrative Law Judge on the grounds of bias or conflict of interest. The
				  motion shall be made in writing to the General Counsel, with a copy to the
				  Director and the Administrative Law Judge, setting out the specific instances
				  of bias or conflict of interest. The General Counsel will assign the matter for
				  a determination to an Administrative Law Judge not challenged in the motion. An
				  adverse decision or ruling, in and of itself, is not grounds for
				  disqualification. The Administrative Law Judge's employment or contract as an
				  Administrative Law Judge by the Department is not, in and of itself, a conflict
				  of interest. The case shall be suspended until the neutral Administrative Law
				  Judge rules on the motion. The neutral Administrative Law Judge may decline to
				  disqualify the presiding Administrative Law Judge or appoint another
				  Administrative Law Judge to hear the case.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.530 - Contumacious Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contumacious
				conduct at any hearing before the ALJ shall be grounds for exclusion from the
				hearing.
b) If a witness or a party
				refuses to answer a question after being directed to do so or refuses to obey
				an order to provide documents, the ALJ may make those orders with regard to the
				refusal as are just and appropriate, including, but not limited to, excluding
				the testimony of witnesses, entering an order of default, entering an order
				that certain facts are deemed admitted for purpose of the proceeding, or
				entering an order denying the application or complaint of a party.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.540 - Consent Decree

Current through Register Vol. 48, No. 28, July 12, 2024
If the parties to the proceeding resolve, settle or
				  compromise their dispute and as part of the settlement agreement and the
				  parties desire the Administrative Law Judge to enter a consent decree in order
				  to resolve the matter, the Administrative Law Judge shall enter the Consent
				  Decree as long as the proposed Consent Decree does not violate the Act under
				  which the contested case was brought and rules adopted under that
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.545 - Settlement Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				  120.545
				  Settlement Agreements
The Administrative Law Judge has no authority to change,
				  amend or modify the Settlement Agreement of the parties to the
				  proceeding.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.550 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				shall be public unless required by statute to be otherwise.
b) The following shall be the order of
				proceeding of all hearings, subject to modification by the presiding
				Administrative Law Judge for good cause:
1)
				Presentation, argument and disposition of motions preliminary to a hearing on
				the merits of the matters raised in the notice or answer;
2) Presentation of applicant's or
				complainant's opening statement;
3)
				Presentation of objector's or respondent's opening statement;
4) Applicant's or complainant's
				case;
5) Objector's or respondent's
				case;
6) Applicant's or
				complainant's case in rebuttal;
7)
				Objector's or complainant's closing statement;
8) Applicant's or respondent's closing
				statement;
9) Set dates for any and
				all motions, written briefs, findings of fact and conclusions of law;
10) Presentation of written brief or proposed
				findings of fact, conclusions of law and order; and
11) The filing of the decision of the
				Administrative Law Judge.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.560 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Rules of Evidence shall apply to the extent
				  practicable unless, by such application, the ALJ determines that application of
				  the rule would be an injustice or preclude the introduction of evidence of the
				  type commonly relied upon by a reasonably prudent person in the conduct of his
				  or her affairs. The ALJ must state on the record his or her reasons for that
				  determination. Any objection with respect to the conduct of the hearing,
				  including any objection to the introduction of evidence, may be stated orally,
				  accompanied by a short statement of the grounds for the objection, and included
				  in the record. No objection shall be deemed waived by further participation in
				  the hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.570 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Official notice may be taken of any material fact not
				  appearing in evidence in the record if the Circuit Courts of this State could
				  take judicial notice of the fact. In addition, notice may be taken of generally
				  recognized technical or scientific facts within the Department's specialized
				  knowledge. Parties shall be notified either before or during the hearing or by
				  reference in preliminary reports or otherwise of the material noticed,
				  including any staff memoranda or data, and they shall be afforded an
				  opportunity to contest the facts noticed. The Department's expertise, technical
				  competence and specialized knowledge may be utilized in the evaluation of the
				  evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart E - CONDUCT OF HEARINGS AND RULES OF EVIDENCE › Section 120.580 - Hostile or Adverse Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If the Administrative Law Judge determines that a witness is hostile or
				unwilling or adverse, he or she may be examined by the party calling him or her
				as if under cross-examination.
b)
				The party calling an occurrence witness, upon the showing that he or she called
				the witness in good faith and is surprised by his or her testimony, may impeach
				the witness by proof of prior inconsistent statements.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.600 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear at the hearing or failure to
				  proceed as ordered by the Administrative Law Judge shall constitute a default.
				  The Administrative Law Judge shall enter the appropriate default
				  order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.610 - Record in Contested Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				full and complete record shall be kept of all proceedings. The record shall
				consist of the following:
1) All pleadings,
				including all notices and responses to those pleadings;
2) A transcript of the hearing, if any, and
				all evidence received;
3) A
				statement of matters officially noticed;
4) Any offers of proof, objections to that
				proof, and rulings on that proof;
5) Any proposed findings and
				acceptance;
6) Any decision,
				opinion or report by the ALJ;
7)
				All staff memoranda or data submitted to the ALJ or employees of the Department
				in connection with their consideration of the case; and
8) Any ex parte communication prohibited by
				Section 10-60 of the IAPA, but those communications shall not form the basis
				for any finding of fact.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.620 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
The ALJ may require or allow parties to submit written briefs
				  to the ALJ within 10 days after the close of the hearing or other reasonable
				  time as the ALJ shall determine, consistent with the Director's responsibility
				  for an expeditious decision. Briefs shall be limited to 25 pages, unless
				  permission is granted by the ALJ.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.640 - Administrative Law Judge's Decision and Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) The ALJ's decision shall be in writing
				and, when necessary, include findings of fact and conclusions of law and
				opinions. The findings of fact shall be based exclusively on the evidence
				presented at hearing or known to all parties, including matters officially
				noticed. The ALJ shall, in addition to the decision, issue an appropriate
				order. The decision in the case shall become effective immediately upon the
				execution of the order by the ALJ or as otherwise specified within the order or
				an applicable statute. A copy of the order shall be delivered or mailed to each
				party of record and to each attorney of record. This Section applies to all
				formal hearings held pursuant to the Child Labor Law [820 ILCS 205 ], Day and
				Temporary Labor Services Act [820 ILCS 175 ], Nurse Agency Licensing Act [225
				ILCS 510 ], Prevailing Wage Act [820 ILCS 130/9 and 11 a], Health and Safety
				Act [820 ILCS 225 ], Safety Inspection and Education Act [820 ILCS 220 ],
				Illinois Worker Adjustment and Retraining Notification Act [820 ILCS 65 ],
				Employee Classification Act [820 ILCS
				185/25 ], Private Employment Agency Act [225
				ILCS 515/12 ], One Day Rest in Seven Act
				[820 ILCS
				140/6 ] and Carnival and Amusement Rides Safety Act
				[430 ILCS
				85/2-8.1, 2-12 and 2-15].
b) The ALJ shall forward a copy of his or her
				decision, including findings of fact, opinions, recommendations and order, to
				each party of record. Each party of record shall be allowed 10 days in which to
				submit exceptions to the findings, opinions, recommendations and order of the
				ALJ and to present a brief in support of those exceptions. In the event no
				timely or proper exceptions are filed, the findings, conclusions,
				recommendations and order shall automatically become the decision and order of
				the Director. All objections and exceptions to the Director's decision and
				order shall be deemed waived for all purposes. Service of the ALJ's decision
				and of the order transferring the case to the Director shall be complete upon
				mailing.
c) Exceptions
1) Each exception shall:
A) set forth specifically the questions of
				procedure, fact, law or policy to which exception is taken;
B) identify that part of the ALJ's decision
				to which objection is made;
C)
				designate by precise citation of page the portions of the record relied on;
				and
D) concisely state the grounds
				for the exception.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.650 - Administrative Law Judge's Recommendations

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Director is required by law to be
				the sole, personal acting officer, the ALJ shall, in lieu of decision and order
				under Section
				120.640,
				make recommendations by way of proposal for decision. The recommendations shall
				be made upon consideration of the record as a whole or portion of the record as
				may be supported by competent, material and substantial evidence.
b) The ALJ shall forward a copy of his or her
				proposed findings of fact, opinions and recommendations to each party of record
				and each party of record shall be allowed 10 days in which to submit exceptions
				to the findings, opinions and recommendations of the ALJ and to present a brief
				in support of those exceptions. In the event no timely or proper exceptions are
				filed, all objections and exceptions to the ALJ's recommendation shall be
				deemed waived for all purposes. The Director shall review the record and issue
				a final Decision and Order.
c)
				Exceptions and briefs in support of exceptions or in answer to exceptions shall
				comply with Section
				120.640(c)
				through (f).
d) Any matter not included in the exceptions
				may not thereafter be raised to the Director or in any further proceeding and
				is deemed waived for all purposes.
e) This Section applies to formal hearings
				held pursuant to the Environmental Protection Act [415 ILCS
				5/52(c) ], Private Employment Agency
				Act [225 ILCS 515 ], Prevailing Wage Act [820
				ILCS 130/11b ] and Victims' Economic Security and
				Safety Act [820 ILCS 180 ].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.660 - Order of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of an ALJ's recommendation by way of Recommended
				  Decision or an ALJ Decision and Order, to which exceptions have been filed, the
				  Director shall review the record and the ALJ's findings, opinions and
				  recommendations, together with exceptions and briefs, and shall issue an order
				  as set forth by applicable statutes within a reasonable time. The decision in
				  the case will become effective immediately upon the execution of the order or
				  as otherwise specified within the order or an applicable statute. A copy of the
				  order shall be delivered or mailed to each party and to each attorney of
				  record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart F - POST-HEARING PROCEDURES › Section 120.670 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a party
				seeks judicial review of an Administrative Law Judge's Decision and Order or a
				Decision and Order of the Director, that party will pay the actual cost to the
				Department of preparing the administrative record and filing it in court.
				Payment shall be by certified check made payable to the Illinois Department of
				Labor.
b) Actions for judicial
				review under this Section shall be filed where the hearing proceedings took
				place, which is in the circuit court of either Cook County or Sangamon
				County.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart A - GENERAL PROVISIONS › Section 200.120 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following regulations and standards are incorporated in
				  this Part. All incorporations by reference refer to the regulations, guidelines
				  and standards on the date specified and do not include any editions or
				  amendments subsequent to the date specified.
a) The following State statutes are
				referenced in this Part:
1) Illinois Vehicle
				Code [625 ILCS 5];
2) School Code
				[105 ILCS 5];
3) Park District Code
				[70 ILCS 1205];
4) Forms Notice Act
				[20 ILCS 435];
5) Illinois Wage
				Payment and Collection Act [820 ILCS 115]; and
6) Illinois Administrative Procedure Act [5
				ILCS 100/Art. 10].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.200 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Minimum
				Paid Leave Time Requirements
1) An employee is
				entitled to earn a
minimum of 40 hours of paid leave during a 12-month
				period or a pro rata number of hours of paid leave
during a 12-month
				period, consistent with Section 15(a) and Section 15(b) of the Act and Section
				200.220 of this Part.
				[820 ILCS
				192/15 ]
2) Employers may provide such leave via
				accrual or frontloading.
3) An
				employer may choose to provide more than the minimum number of paid leave hours
				to an employee under this subsection or otherwise adopt a more generous paid
				leave policy as long as the policy meets the minimum requirements of the Act
				and this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.210 - Start of Paid Leave Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
An employee shall begin to earn
paid leave
				  hours,
via frontloading or accrual,
at the commencement of the
				  individual's employment with the employer or on January 1, 2024, whichever is
				  the later date
. [820 ILCS 192/15
				  ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.220 - Accruing Paid Leave Over a 12-Month Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an employer requires employees to earn
				paid leave hours via accrual, an employee is entitled to
accrue paid
				leave hours at the rate of one hour of paid leave for every 40 hours worked
				during a 12-month period up to a minimum of 40 hours of paid leave over the
				same 12-month period
. [820 ILCS 192/15 ] An employer
				may choose to provide leave in smaller, proportional, increments, if the rate
				of benefit accrual is at least 1 hour of paid leave for every 40 hours worked.
				For the purpose of this Section, work periods must be counted on a
				minute-by-minute basis or may be rounded up to the next 15 minutes. An employer
				may not round down time worked.
b)
				Except as provided in subsection (c), an employer is required to count all time
				that an employee works, including overtime hours worked, for purposes of
				calculating accrual. An employer is not required to count time when an employee
				is on paid or unpaid leave or other non-compensable time where the employee is
				not performing work for the employer as time worked for accrual
				purposes.
c)
Employees
				exempt from the overtime requirements of the federal Fair Labor Standards Act
				(29 U.S.C
				213(a)(1)) shall be deemed
				to work 40 hours in each workweek for purposes of paid leave time accrual if
				that employee regularly works 40 or more hours in a workweek.
[820 ILCS
				192/20 ] If such employee's regular workweek is less
				than 40 hours, the employee's paid leave time accrues based on the number of
				hours in their regular workweek.
1) An
				overtime-exempt employee who regularly works 40 hours or more in a workweek is
				entitled a minimum of 40 hours of paid leave during a 12-month
				period.
2) An overtime-exempt
				employee who regularly works less than 40 hours in a workweek is entitled to
				accrue paid leave hours based on the number of hours worked in that workweek
				consistent with Sections
				200.200 and
				200.220.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.230 - Frontloading Paid Leave at the Start of a 12-Month Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an employer frontloads leave by
				providing to its employees the minimum required number of paid leave hours
				available for use on the employee's first day of employment or the first day of
				any 12-month period, the employer is subject to the following requirements:
1) The employer shall give written notice to
				the employee informing the employee of how many paid leave hours that employee
				is receiving on or before the first day of initial employment or on or before
				the first day of the initial 12-month period, and before the employer changes
				the amount of leave the employee receives via frontloading.
A) If an employer chooses a fixed date for
				the beginning of the 12-month period, such as January 1 or July 1, the employer
				may pro-rate the amount of frontloaded paid leave time that an employee who
				begins employment mid-12-month period shall receive. The employer shall then
				frontload the full 12-month period's worth of paid leave time to that employee
				at the next regular fixed date.
B)
				An employer may choose to use each employee's employment start date as the
				start of that employee's 12-month period.
C) An employer may not retroactively diminish
				benefits that the employer has already provided to an employee. Therefore, an
				employer may not recoup or require an employee to repay paid leave time that
				was frontloaded at the beginning of the 12-month period if the employee's
				employment ends before the end of the 12-month period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.240 - Mixed-Earning Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer
				may provide some of its employees paid leave in form of frontloading, and other
				employees paid leave via accrual, if the employer's paid leave policy or
				policies meets all of the requirements of the Act and this Part.
b) An employer shall not illegally
				discriminate or otherwise violate state or federal law when determining which
				employees qualify for frontloading or accrual.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.250 - Notice and Accounting

Current through Register Vol. 48, No. 28, July 12, 2024
If an employee accrues paid leave based on Section 200.220
				  and requests information regarding that employee's paid leave balance, then the
				  employer shall provide such information to the employee as soon as is
				  practical.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.260 - Collective Bargaining Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employees covered under a bona fide
				collective bargaining agreement may negotiate minimum standards of paid leave
				meeting or exceeding what is required by the Act.
b)
No term or provision of an
				existing bona fide collective bargaining agreement, in effect on January 1,
				2024, shall be affected by the Act
. [820 ILCS
				192/15 ] Employers and employees who are parties to
				such an agreement shall not be subject to this Act until the expiration of that
				agreement.
c) For a bona fide
				collective bargaining agreement that takes effect on or after January 1, 2024,
covered employees may waive the requirements of the Act only if the
				language of the waiver is clear, unambiguous, and explicitly waives the
				requirements of the Act
. [820 ILCS
				192/15 ] In the absence of a clear, unambiguous, and
				explicit waiver in a collective bargaining agreement taking effect after
				January 1, 2024, the employer shall be subject to the Act and this
				Part.
d) The provisions of this Act
				do not apply to:
1) an
employee who
				works in the construction industry and is covered by a bona fide collective
				bargaining agreement,
regardless of whether that collective bargaining
				agreement is in effect before or after January 1, 2024; [820 ILCS
				192/20 ] or
2)
an employee who works for an
				employer that provides services nationally and internationally of delivery,
				pickup, and transportation of parcels, documents, and freights and is covered
				by a bona fide collective bargaining agreement,
regardless of whether
				that collective bargaining agreement is in effect before or after January 1,
				2024. [820
				ILCS 192/15 ]