reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.120 - Interactive Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) To determine
				the appropriate reasonable accommodation, the employer and job applicant or
				employee shall engage in a timely, good faith, meaningful, exchange to
				determine the effective reasonable accommodation. This process should identify
				the needs and limitations resulting from the pregnancy condition, and the
				potential reasonable accommodations that could meet those needs or overcome
				those limitations. If the employer believes the requested accommodation will
				impose an undue hardship, this process should also cover whether there is any
				less restrictive alternative available that could accommodate the job
				applicant's or employee's pregnancy condition in lieu of the requested
				accommodation.
b) During the
				interactive process, the employer and job applicant or employee should first
				explore whether there are any accommodations that would permit the job
				applicant or employee to perform the essential functions of the applied for or
				current position. If no such accommodation is available, the employer and job
				applicant or employee should explore whether there are any accommodations that
				would permit the job applicant or employee to work in another capacity for the
				duration of the pregnancy or the recovery from the pregnancy condition.
				Examples of accommodations that may allow a job applicant or employee to begin
				work or continue working include, but are not limited to, a temporary transfer,
				reassignment or job restructuring.
c) During the interactive process, an
				employer may offer alternate accommodations to the job applicant or employee. A
				job applicant's or employee's refusal to accept an alternate accommodation
				offered by the employer during the interactive process may constitute evidence
				that the job applicant or employee is not participating in good faith during
				the interactive process if:
1) The
				alternative accommodation would adequately accommodate the job applicant's or
				employee's pregnancy condition;
2)
				The alternative accommodation would allow the job applicant or employee to
				perform her current position without a change in the job applicant's or
				employee's earnings or benefits, or the alternative accommodation would have
				the same or a lesser impact upon the job applicant's or employee's earnings or
				benefits as the accommodation requested by the employee;
3) The alternative accommodation offered by
				the employer would impose a lesser disruption to the operations of the
				employer; and
4) The alternative
				accommodation is approved by the job applicant's or employee's health care
				provider, or if otherwise within the restrictions or recommendations of the
				employee's health care provider.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.130 - Temporary Transfer or Reassignment as an Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, as a result of a job applicant's or
				employee's pregnancy condition, the job applicant or employee is unable to
				perform the essential functions of her current position, the job applicant or
				employee may request accommodation. Examples of accommodations that may allow a
				job applicant or employee to work include, but are not limited to:
1) A temporary transfer to either a less
				strenuous or less hazardous position, or to a light duty position;
2) A temporary reassignment to a vacant
				position;
3) A temporary
				restructuring of the position sought or held;
4) A temporary modification of the job
				applicant's or employee's work schedule; or
5) A temporary transfer to a part-time
				position or to part-time status.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.140 - Time Off or Leave as an Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer must grant a job applicant's
				or employee's request for time off or a leave of absence necessitated by the
				employee's pregnancy condition as an accommodation, unless the employer can
				demonstrate that there is another effective accommodation that would enable the
				employee to continue working, or the accommodation would impose an undue
				hardship on the ordinary operation of the business of the employer.
b) If the necessity for time off or leave is
				foreseeable, the job applicant or employee shall provide the employer with
				prior notice of the expected need for time off or leave in a manner that is
				reasonable and practicable, unless the employer does not or would not require
				prior notice for other classes of employees taking time off or leave.
c) If the necessity for time off or leave is
				foreseeable based on planned medical treatment or supervision, the job
				applicant or employee shall also make a reasonable effort to schedule the
				treatment or supervision so as not to unduly disrupt the operations of the
				employer, subject to the approval of the job applicant's or employee's health
				care provider.
d) If the necessity
				for time off or leave is not foreseeable or expected, the job applicant or
				employee shall provide notice to the employer as soon as possible and
				practical, and in a manner that is reasonable and practicable.
e) An employee may choose to use accrued paid
				leave to cover some or all of the time off or leave. An employer is not
				required to provide paid leave for the duration of the time off or leave unless
				the paid leave is required by other laws or the employer does so for other
				classes of employees under similar circumstances.
f) When the need for an accommodation ceases,
				an employer shall reinstate an employee who took time off or a leave of absence
				under this Section to her original job or to an equivalent position with
				equivalent pay and accumulated seniority, retirement, fringe benefits, and
				other applicable service credits as of the date the employee went on a leave of
				absence, unless the employer can demonstrate that doing so would impose an
				undue hardship on the ordinary operation of the business of the employer. An
				employer is not required to provide any paid time off benefits such as vacation
				pay, sick time or similar benefits that would otherwise accrue if the employee
				was not on leave, unless the employer allows for accrual of such benefits for
				other classes of employees under similar circumstances.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.150 - Duties of the Job Applicant or Employee Requesting the Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the duty
				of the job applicant or employee seeking a reasonable accommodation to:
1) Apprise the employer of the job
				applicant's or employee's pregnancy condition;
2) Cooperate in any ensuing discussion and
				evaluation aimed at determining the possible or feasible accommodations;
				and
3) Submit to the employer any
				documentation that is requested in accordance with this Subpart.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.160 - Duties of the Employer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once the
				job applicant or employee has initiated a request for accommodation for her
				pregnancy condition, it is the duty of the employer to provide the necessary
				accommodation in conformance with this Part.
b) An employer has an obligation to provide
				timely responses to reasonable accommodation requests. An undue delay in
				responding to a reasonable accommodation request may be deemed to be a failure
				to provide a reasonable accommodation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart B - REASONABLE ACCOMMODATION › Section 2535.170 - Documentation of the Need for an Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer is entitled to obtain only the
				following information to evaluate if a requested reasonable accommodation may
				be necessary because of a job applicant's or employee's pregnancy condition:
1) The medical justification for the
				requested accommodation;
2) A
				description of the reasonable accommodation medically advisable;
3) The date the reasonable accommodation
				became medically advisable; and
4)
				The probable duration of the reasonable accommodation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart C - PROHIBITION AGAINST DISCRIMINATION › Section 2535.200 - Discrimination on the Basis of Pregnancy in Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer may not refuse to hire, to
				segregate, or to act with respect to recruitment, hiring, promotion, renewal of
				employment, selection for training or apprenticeship, discharge, discipline,
				tenure or terms, privileges or conditions of employment on the basis of a
				pregnancy condition.
b) An employer
				shall treat women affected by a pregnancy condition the same for all
				employment-related purposes, including receipt of benefits under fringe benefit
				programs, as other job applicants or employees not so affected but similar in
				their ability or in ability to work, regardless of the source of the inability
				to work or employment classification or status.
c) An employer may not deny employment
				opportunities or benefits to, or otherwise take an adverse action against, a
				job applicant or employee based on the job applicant's or employee's past
				pregnancy condition or because of the employee's potential or intention to
				become pregnant.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart C - PROHIBITION AGAINST DISCRIMINATION › Section 2535.210 - Retaliation for Requesting an Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer may not deny employment
				opportunities or benefits, or otherwise take an adverse action against a
				qualified job applicant or employee because the job applicant or employee
				requested or needed an accommodation for her known pregnancy
				condition.
b) An employer may not
				retaliate against a person because the person requested, attempted to request,
				used or attempted to use a reasonable accommodation for her pregnancy
				condition.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart C - PROHIBITION AGAINST DISCRIMINATION › Section 2535.220 - Forced Accommodation or Leave

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer shall not require a job
				applicant or employee affected by her pregnancy condition to accept an
				accommodation when the job applicant or employee did not request the
				accommodation and the job applicant or employee chooses not to accept the
				employer's accommodation.
b) An
				employer may suggest alternative accommodations to the job applicant or
				employee as part of the interactive process set forth in Section
				2535.120.
c) An employer may not require an employee to
				take leave under any leave law or policy of the employer without first
				satisfying the employer's obligation to make reasonable accommodations for the
				employee's pregnancy condition pursuant to Subpart B, including, but not
				limited to, exploring whether a reasonable accommodation other than a forced
				leave can be provided to the employee and engaging in the interactive process
				to determine the effective reasonable accommodation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT › Subpart D - NOTICE › Section 2535.300 - Posting of Pregnancy Discrimination Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employer must post and keep posted in a
				conspicuous location on the premises of the employer where notices to employees
				are customarily posted a notice approved by the Department.
1) The notice approved by the Department will
				summarize the prohibition against discrimination regarding pregnancy and an
				employee's right to a reasonable accommodation for her pregnancy condition,
				including information pertaining to the filing of a charge, the right to be
				free from unlawful discrimination, and the right to certain reasonable
				accommodations.
2) The Department
				will make the notice available for download from its website at
http://www2.illinois.gov/dhr/Publications/Pages/Pregnancy_Rights_Notice_Requirement.aspx
.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2540 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Human Rights Commission and
				the Department of Human Rights. The text of this Part appears at 56 Ill. Adm.
				Code 5220
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2600 - SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES › Section 2600.10 - Legislative Base

Current through Register Vol. 48, No. 28, July 12, 2024
a) Federal
			 Allocation to the State
1) On October 13,
			 1982, Congress passed into law the Job Training Partnership Act ( 29 U.S.C.
			 1501, December 31, 1982), Public Law 97-300 as amended, by Public Law 97-404.
			 The Act establishes five titles, and amends Title V of the Wagner-Peyser Act (
			 29 U.S.C.
			 3202, amended October 1, 1983) and Title IV
			 of the Social Security Act (
			 42
			 U.S.C. 601 -
			 676(1983)
			 ). The new statute replaces the Comprehensive Employment and Training Act ( 29
			 U.S.C. 801, effective 10/27/78), with a new program and delivery system to
			 train economically disadvantaged individuals and others for permanent, private
			 sector employment.
2) The Job
			 Training Partnership was enacted under Title I of the Act. Title I enables the
			 State to establish a service delivery system, and outlines specific State,
			 local and Federal responsibilities.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2600 - SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES › Section 2600.30 - Illinois Job Training Coordinating Council

Current through Register Vol. 48, No. 28, July 12, 2024
The State Job Training Coordinating Council shall be
				established pursuant to Section 122 of the Act and the Illinois Job Training
				Coordinating Council Act (Ill. Rev. Stat. 1987 and 1988 Supp., ch. 48, pars.
				2101 et seq.).
a) Appointments to the
			 State Council - Nominations for appointments and reappointments shall be
			 solicited by the Department from local Private Industry Councils, chief elected
			 officials, the current chairman of the Illinois Job Training Coordinating
			 Council, State agencies, and other interested individuals and organizations.
			 The qualifications of nominees shall be recorded by using a form prescribed by
			 the Department and then forwarded to the Governor for selection.
b) Responsibilities of the State Council -
			 The Illinois Job Training Coordinating Council shall perform duties as
			 specified in Sections 122(b), 317, and 501 of the Act and Section 4 of the
			 Illinois Job Training Coordinating Council Act.
c) Support of State Council Activities -
			 Funding for the Illinois Job Training Coordinating Council shall be provided
			 pursuant to Section 202(b)(4) of the Act. Staffing for the Council shall be
			 provided by the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2600 - SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES › Section 2600.40 - Local Service Delivery System

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Designation of Service Delivery Areas - The Department on behalf of the
			 Governor may initiate an application process for local elected officials on
			 behalf of units of general local government to request designation as a SDA
			 under the JTPA to take effect at the start of Program Year 1986. The process
			 for redesignation of SDAs shall conform with requirements of Section 101 of the
			 Act and 20 CFR 628.1(1983). Pursuant to Section 101(c)(l) of the Act,
			 redesignation of SDAs shall not take place more frequently than every two years
			 and shall not be made later than four months before the beginning of a program
			 year. In considering whether to initiate an application process for
			 redesignation, the Department shall consider the availability of administrative
			 funds to support the existing SDA administrative structure; the ability of SDAs
			 to achieve or exceed performance standards; and, the recommendations of the
			 Illinois Job Training Coordinating Council. The Illinois Job Training
			 Coordinating Council shall recommend to the Governor SDAs by preparing a map of
			 the State identifying the geographical area to be included in each SDA.
			 Pursuant to Section 4 of Public Act 83-1288, effective August 31, 1984 (Ill.
			 Rev. Stat. 1984 Supp., ch. 48, par. 2104), these recommendations shall be
			 forwarded to the President of the Senate and Speaker of the House of
			 Representatives, or their designees, for review and comment by the Illinois
			 General Assembly. In addition to criteria which may be identified by the
			 Illinois Job Training Coordinating Council, the Council shall consider the
			 following criteria prior to making recommendations to the Governor on
			 redesignation:
1) the consistency of proposed
			 SDA boundaries with labor market area boundaries and patterns of labor market
			 behavior;
2) the adequacy of
			 estimated available funds to support the administrative expenses of proposed
			 SDAs;
3) the availability of a mix
			 of employment opportunities and training institutions within proposed SDAs;
			 and,
4) the potential impact of
			 redesignation decisions on the ability to maintain existing effective local
			 relationships established for the provision of employment and training services
			 (e.g., agreements among local elected officials).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2600 - SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES › Section 2600.70 - Oversight and Management of Labor Market Information Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
			 with the requirements of Section 125 of the Act, the Office of the Governor
			 shall function as the oversight and management unit for the statewide labor
			 market and occupational supply and demand information system (hereinafter
			 referred to as the State unit).
b)
			 The State unit shall carry out the responsibilities outlined in Section 125 of
			 the Act. Specific tasks may be delegated by the State unit to one or more
			 existing agencies or organizations, such as (but not limited to) the Illinois
			 Department of Commerce and Community Affairs, the Illinois Occupational
			 Information Coordinating Committee, and the Illinois Department of Employment
			 Security.
c) In accordance with the
			 requirements of Sections 461, 462 and 463 of the Act, and Sections 3(a) and 14
			 of the Wagner-Peyser Act (
			 29 U.S.C.
			 3202, amended October 1, 1983), and 20 CFR
			 634(1983), the State unit shall negotiate and enter into an agreement with the
			 U.S. Secretary of Labor for the funding of labor market information activities
			 and Federal-State cooperative statistical programs.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2600 - SERVICE DELIVERY SYSTEM AND STATE RESPONSIBILITIES › Section 2600.80 - Labor Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) All JTPA
			 programs operated in the State shall be conducted in compliance with Section
			 143 of the Act.
b) JTPA grant funds
			 shall not be used by the grantee for the period during which a strike or
			 lockout is in effect. Any JTPA funds provided to a grantee during a strike or
			 lockout must be returned to the grantor.
c) No funds received under the Act shall be
			 expended in any organization which has experienced and able workers presently
			 unemployed in occupations for which training is sought.
d) No program shall impair existing
			 collective bargaining agreements or contracts for services. Grantees or their
			 subgrantees shall obtain written concurrence from the collective bargaining
			 agent where a collective bargaining agreement exists with the participating
			 employer covering occupations in which training or subsidized employment is
			 proposed. Such concurrence shall apply to the elements of the proposed activity
			 which affect the bargaining agreement, such as wages and benefits. If no
			 response is received within 30 days after written notification to the
			 collective bargaining agent, the program may proceed. Such written
			 notifications shall include a deadline date for response.
e) In the event that training is proposed in
			 occupations not covered by a collective bargaining agreement, but where other
			 occupations with the participating employer are covered by such agreements,
			 grantees and their subgrantees shall provide written notification to the
			 collective bargaining agent of the intent to conduct such training and
			 soliciting the advice and comments of that bargaining agent. All comments must
			 be received by the grantee or subgrantees within 30 days of written
			 notification being received by the bargaining agent. Such written notification
			 shall include a deadline date for response.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.10 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is issued pursuant to Section 5-10(a)(i) and Article
				10 of the Illinois Administrative Procedure Act [5 ILCS
				100/5-10 ].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part shall
			 apply to all Administrative Hearings conducted by the Illinois Department of
			 Commerce and Economic Opportunity that are not specifically provided for under
			 any other Section of the Civil Administrative Code of Illinois or other Program
			 Rules.
b) In the event of any
			 conflict between the provisions of this Part and any rules promulgated under
			 the authority of the Grant Accountability and Transparency Act (GATA) [ 30 ILCS
			 708 ], the GATA rules will apply.
c) Nothing in this Part shall limit the
			 ability of the Department to enter into an intergovernmental agreement with
			 another State agency providing for the services of a Hearing Officer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.60 - What May Be Reviewed in an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to Section
				2605.70, any
				finding or decision of the Department may be reviewed in an Administrative
				Hearing when a Statute or Program Rule provides for it.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.70 - What May Not Be Reviewed in an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The following may not be reviewed in an Administrative Hearing,
				unless otherwise permitted by a Statute or Program Rule:
a) Rulemaking as set forth in Sections 5-35,
			 5-40, 5-45, and 5-50 of the IAPA;
b) Instances in which a party has waived its
			 right to an Administrative Hearing;
c) Issues involving unfair labor practices or
			 discrimination in employment;
d)
			 The Department's decision to deny an application for financial assistance, or
			 to fund at a lower level than requested; or
e) A declaratory ruling as provided for in
			 Section 5-150 of the IAPA [ 5 ILCS 100 ].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.80 - Procedure for Initiating an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Administrative Hearing is initiated by
			 an individual or entity with standing to seek such an Administrative Hearing
			 serving a Petition for Hearing on the Department, or by the Department serving
			 a Notice of Charges on a party. In either case, the service must be made within
			 the required period of time specifically set forth by a Statute or Program
			 Rule.
b) The Petition for Hearing
			 and the Notice of Charges must be in clear and legible writing and signed by
			 the person initiating the Administrative Hearing.
c) The Petition for Hearing and the Notice of
			 Charges must contain the following information:
1) The name and contact information of the
			 parties involved;
2) The subject
			 matter of the Administrative Hearing;
3) The date;
4) A list of the Department findings or
			 decisions that are being challenged, the specific reasons why the Petitioner
			 asserts that the Department's findings or decisions are incorrect, and the
			 specific relief sought (in the case of a Petition for Hearing); and
5) A list of the Department's charges against
			 the party (in the case of a Notice of Charges).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.90 - Department Hours

Current through Register Vol. 48, No. 28, July 12, 2024
The Department's hours are from 8:30 a.m. to 5:00 p.m., Monday
				through Friday, except for national and/or State legal
				holidays.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.100 - Computing Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Computation of any period of time prescribed by this Part shall begin with the
			 first business day following the day on which the act, event, or development
			 initiating that period of time occurs, and shall run until the end of the last
			 day or the next following business day, if the last day is a Saturday, Sunday,
			 or legal holiday. When the period of time is 10 days or less, Saturdays,
			 Sundays, and legal holidays shall be excluded in the computation of
			 time.
b) Notice requirements shall
			 be construed to mean notice received. However, proof that notice was dispatched
			 by means reasonably calculated to be received by the prescribed date shall be
			 prima facie proof that notice was timely filed. Petitions, evidence, motions,
			 notices, and all other correspondence sent by U.S. mail will be considered as
			 filed with the Department on the date postmarked. When the parties have agreed
			 in writing to notice by electronic mail or through an electronic filing system,
			 notice will be considered having been received on the date of transmission of
			 the filing or other communication.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.110 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 documents submitted pursuant to an Administrative Hearing shall be typewritten,
			 on 81/2 by 11 inch white paper. The first page of each document shall set forth
			 the names of the parties and the Hearing Number assigned to the case by the
			 Department. A Petition for Hearing that is filed before a Hearing Number is
			 assigned shall contain a space for entry of the assigned Hearing
			 Number.
b) All documents submitted
			 to the Department that require verification shall be signed by the party filing
			 them. All other documents submitted by the party shall be signed by the party
			 or its representative. That signature constitutes a representation by the party
			 or its representative that the party or representative has read the documents
			 and that, to the best of the party's or representative's knowledge,
			 information, and belief, the statements made in the documents are true, and are
			 not made for purposes of delay or harassment.
c) All documents submitted to the Department
			 after the Petition for Hearing shall be submitted in duplicate, together with a
			 Proof of Service, unless submitted electronically or other arrangements are
			 agreed to among the parties.
d) Any
			 party submitting or filing a document in the administrative proceedings must
			 also simultaneously send a copy to the opposing party and the Hearing Officer
			 at their designated addresses.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.120 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of all
			 documents after a Petition for Hearing or Notice of Charges has been initiated
			 shall be made by personal delivery upon all parties, or U.S. mail, properly
			 addressed, with postage prepaid, unless otherwise required in this Part. Proof
			 of Service must be attached to the original of any document served. The parties
			 may agree to service by facsimile or electronic mail. To the extent the parties
			 agree to service by electronic mail, a party has the option of designating up
			 to two secondary electronic mail addresses at which that party consents to
			 accept service. If any secondary electronic mail address is designated, the
			 Department must serve the documents on both the designated and all secondary
			 addresses.
b) Service on the
			 Department is made by serving the Office of the General Counsel, at the Chicago
			 office address, unless otherwise designated by the Department.
c) Service on a party shall be at its last
			 known address, unless otherwise designated by the party.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.130 - Amendment, Voluntary Dismissal or Withdrawal of a Petition for Hearing or Notice of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Notice of
			 Charges may be amended at any time. An amended Notice of Charges may be filed
			 in the same manner as a Notice of Charges, or it may be presented to the
			 Hearing Officer during the course of a Hearing. A continuance shall be granted
			 whenever the amendment materially alters the Notice of Charges, and when the
			 Respondent demonstrates that additional time is necessary to properly prepare
			 an answer or otherwise prepare the Respondent's case.
b) Prior to Hearing, an unopposed motion to
			 voluntarily dismiss or withdraw a Petition for Hearing or Notice of Charges
			 shall be granted, and the Hearing Officer shall issue an order dismissing the
			 Petition for Hearing or Notice of Charges, and its underlying cause with or
			 without prejudice. However, the Hearing Officer, within the Hearing Officer's
			 discretion, may hear and decide a motion that has been filed prior to a motion
			 to voluntarily dismiss or withdraw when that prior filed motion could result in
			 a final disposition of the cause. After a Hearing begins or when a motion to
			 voluntarily dismiss or withdraw is challenged, the Hearing Officer shall
			 exercise discretion in allowing the motion when the voluntary dismissal or
			 withdrawal would serve the interests of justice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.140 - Failure to Properly Initiate an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may move to dismiss any Petition for Hearing
				that does not comply with this Part. The Hearing Officer shall state the basis
				upon which any Petition for Hearing is rejected and shall grant the party 28
				days to amend the Petition. Upon the second failure to properly initiate an
				Administrative Hearing, the Hearing Officer shall state the basis upon which
				the Petition for Hearing is rejected and the Petition shall be dismissed with
				prejudice. The dismissal is a Final Decision pursuant to Section
				2605.410 for
				purposes of appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.150 - Waiver of Issues

Current through Register Vol. 48, No. 28, July 12, 2024
Any issues that are not specifically, directly or implicitly
				addressed in the Petition for Hearing will be irrevocably waived in any
				Administrative Hearing conducted by the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.160 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
Upon motion, any document that is submitted and subsequently
				determined by the Hearing Officer to be without basis, untrue, or made for the
				purpose of delay or harassment shall subject the party submitting it to
				sanctions, including, but not limited to, the following:
a) Dismissal of the Petition for Hearing or
			 Notice of Charges with prejudice; and
b) Denial of the party's motion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.170 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
			 receipt by the Department of a properly submitted Petition for Hearing, or in
			 conjunction with a Notice of Charges, a Notice of Hearing
shall be
			 served, personally or by certified or registered mail
, return receipt
			 requested, by the Department
upon the parties or their agents appointed
			 to receive service of process, and shall include the following:
1)
A statement of the date, time,
			 place, and nature of the Administrative Hearing;
2)
A statement of the legal authority
			 and jurisdiction under which the Administrative Hearing is to be
			 held;
3)
A
			 reference to the particular Sections of the substantive and procedural Statute
			 and Program Rules involved;
4)
A short and plain statement of the
			 matters asserted, the consequences of a failure to respond,
and the
			 assigned Hearing Number; and
5)
The names and mailing addresses of the Hearing Officer, all parties
			 involved, and all other persons to whom the Department gives Notice of Hearing,
			 unless otherwise confidential by law.
[
			 5 ILCS
			 100/10-25 ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.180 - Requirement of an Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) In all
			 contested cases initiated by a Notice of Charges, the Respondent shall file an
			 answer within 28 days after the date on which the Notice of Charges was served.
			 The answer shall be in writing, signed by the Respondent and shall contain a
			 specific response to each allegation. The answer shall either admit or deny the
			 allegation, or shall state that the Respondent has insufficient information to
			 either admit or deny the allegation.
b) Any answer that states that the Respondent
			 has insufficient information to admit or deny the allegation shall be
			 accompanied by an affidavit of the Respondent attesting to the truth of this
			 assertion.
c) On motion by any
			 party, the Hearing Officer will issue a notice to plead or be held in default
			 to the Respondent who has failed to submit an answer that conforms to this
			 Section. If, within 15 days after issuance of the notice, the Respondent does
			 not answer or otherwise file a responsive pleading, the Respondent will be held
			 in default and a default Order may be entered.
d) In cases initiated by a Petition for
			 Hearing, the Hearing Officer may order the Department to submit an answer
			 stating the Department's position on any facts or issues raised in the Petition
			 for Hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.190 - Consolidation and Severance of Parties and Cases

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of efficient disposition of the Administrative
				Hearing and upon motion of any party or sua sponte, the Hearing Officer may
				consolidate or sever any parties or cases. A party may contest the Hearing
				Officer's decision by filing a motion, as provided in this Part, setting forth
				specific reasons why the party will be unduly prejudiced by the consolidation
				or severance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.200 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
In any Administrative Hearing, the Department Director or
				Director's designee shall appoint or retain an impartial or independent person
				as a Hearing Officer to conduct the Administrative Hearing. The Hearing Officer
				shall meet the following standards and qualifications:
a) be licensed to practice law in the State
			 of Illinois;
b) be impartial. It
			 shall not be a bar to acting as Hearing Officer that the attorney is also an
			 employee of another State agency or a Department employee, so long as the
			 Department employee has not had any direct involvement with the case. Mere
			 familiarity with the facts shall not disqualify an otherwise qualified person
			 from acting as the Hearing Officer; and
c) be familiar with the rules of evidence
			 applied in the circuit courts of Illinois and with the IAPA and rules
			 promulgated under the IAPA.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.210 - Hearing Officer Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Hearing Officer shall:
1) Conduct a fair and
			 impartial Administrative Hearing; and
2) Take all necessary action to avoid delay,
			 maintain order, and insure development of a clear and complete
			 record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.220 - Recusal of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 party may file a timely and sufficient motion, supported by affidavit,
			 requesting that the Hearing Officer recuse himself or herself from hearing the
			 case. The affidavit shall set forth allegations of personal bias or prejudice
			 of the Hearing Officer. If a new Hearing Officer is necessary, the Director or
			 Director's designee shall appoint and/or retain another Hearing
			 Officer.
b)
An adverse
			 ruling in and of itself shall not constitute a bias or conflict of
			 interest.
[
			 5 ILCS
			 100/10-30 ]
c) The Hearing Officer may, at any time,
			 voluntarily disqualify himself or herself upon written notice to the
			 Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.230 - Ex Parte Communication

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once
			 appointed or retained, the Hearing Officer
shall not communicate
			 directly or indirectly with any party or any person
interested in the
			 outcome of the proceeding, with respect to the merits of any case not
			 concluded,
except upon notice and opportunity for all parties to
			 participate.
[
			 5 ILCS
			 100/10-60 ]
b) The Hearing Officer may impose and enforce
			 sanctions, including those sanctions set forth in Section
			 2605.160, against a
			 party who violates this Section.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.240 - Representation and Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only
			 attorneys licensed to practice law in Illinois may represent any other
			 individuals or entities in an Administrative Hearing proceeding before the
			 Department. Any party may be represented by an attorney, provided that the
			 attorney is licensed to practice law in Illinois or by an attorney who is
			 permitted to practice law in Illinois under Article VII of the Illinois Supreme
			 Court Rules. Attorneys who appear in a representative capacity must file a
			 written Notice of Appearance setting forth the following:
1) The name, address, telephone number, and
			 Attorney Registration and Disciplinary Commission (ARDC) number of the attorney
			 upon whom service of papers may be made;
2) The name and address of the party
			 represented; and
3) An affirmative
			 statement indicating that the attorney is licensed to practice law in
			 Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.260 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions, unless
			 made during a Hearing, shall be in writing, shall specify the relief and/or
			 order sought, and shall be served on all parties and filed with the Department.
			 Motions are limited to the following:
1) To
			 request dismissal of a Petition for Hearing or a Notice of Charges for failure
			 to comply with Section
			 2605.80
			 or failure to state a claim upon which relief can be granted.
2) To request sanctions in accordance with
			 Section
			 2605.240
			 or
			 2605.270.
3) To request dismissal of a Petition for
			 Hearing when the Petitioner's case has been concluded without sufficient
			 evidence having been presented to form the basis for a recommendation that the
			 Department reverse its findings, determinations, or conclusions.
4) To request dismissal of a Notice of
			 Charges when the Department's case has been concluded without sufficient
			 evidence having been presented to form a basis for the relief requested by the
			 Department.
5) To request a
			 continuance, or extension of time to comply with any provision of this
			 Part.
6) To request an order
			 granting a rehearing or additional Hearings.
7) To request an order that the Hearing
			 Officer reconsider the Proposal for Decision.
8) To request that the Director or Hearing
			 Officer deem a failure to file an answer conforming to Section
			 2605.180
			 to be an admission of the truth of the allegations contained in the Petition
			 for Hearing or Notice of Charges.
9) To request recusal of the Hearing Officer
			 in accordance with Section
			 2605.220.
10) To request that the Hearing Officer issue
			 an order requiring a party to appear at any case management Hearing, prehearing
			 conference, or formal Hearing, or to be held in default.
11) To request that an order be vacated or
			 modified.
12) To request a case
			 management or prehearing conference.
13) To request consolidation or severance of
			 cases in accordance with Section
			 2605.190.
14) To request summary judgment if the
			 pleadings and any evidence on file, together with any supporting affidavits,
			 shows that there is no genuine issue of any material fact and that the moving
			 party is entitled to a judgment as a matter of law.
15) To request that certain evidence or
			 witnesses be excluded from a Hearing.
16) To request that certain evidence be
			 stricken from the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.270 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 only commence after a preliminary Hearing. Discovery shall not be the subject
			 of motions presented to the Hearing Officer, except when a motion is made
			 alleging failure to comply with this Section and requesting relief in the form
			 of limitation of evidence, dismissal of the case, or a recommendation to the
			 Director based on the pleadings without a Hearing. The Hearing Officer, upon
			 finding that a party has not complied with this Section, may issue an order
			 providing for the foregoing remedies.
b) Upon written request served on the
			 opposing party, a party is entitled to:
1)
			 The name and business address of any witness who may be called to testify at
			 the Administrative Hearing and a description of the expected subject matter of
			 the potential witness' testimony;
2) Copies of any document that may be offered
			 as evidence at the Administrative Hearing; and
3) A description of any other evidence that
			 may be offered at the Administrative Hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2605 - ADMINISTRATIVE HEARING RULES › Section 2605.280 - Case Management and Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon motion by the Hearing Officer or any
			 party, the Hearing Officer may direct the parties to attend a case management
			 conference or prehearing conference at a mutually convenient time and place
			 prior to the Administrative Hearing date for the purpose of:
1) Simplifying the issues;
2) Limiting the issues;
3) Amending the Petition for Hearing or
			 Notice of Charges, if necessary;
4)
			 Stipulating to facts and/or admissions;
5) Limiting the number of witnesses or
			 evidence;
6) Mutually exchanging
			 prepared testimony and exhibits; and
7) Any other matters that aid in the timely
			 resolution or simplification of the Administrative Hearing.