reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.50 - Initiation of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any local
			 government may appeal to the Board determinations made by a State agency,
			 acting pursuant to Section 8 (c) of the Act.
b) Appeals:
1) Must be submitted to the Board within 60
			 days following the date of receipt of the determination being
			 appealed;
2) Must be filed on
			 appeal petitions provided by the Board (see Exhibit A).
A) A separate appeal petition must be filed
			 for each mandate and by each local government.
B) The appeal petition must be fully
			 complete.
C) All material must be
			 typewritten and suitable for reproduction.
D) Incomplete appeal petitions will not be
			 accepted for filing or assigned a docket number, but shall be returned with an
			 explanation of the reason for rejection. Such appeals may be refiled within 20
			 days from the date of return.
3) Must include a copy of the Order or
			 determination of the State agency being appealed;
4) Must include evidence as to the extent to
			 which the mandate has been carried out in an effective and efficient manner and
			 executed without recourse to the standards of staffing or expenditure higher
			 than specified in the mandatory statute if such standards are specified in the
			 statute;
5) Must indicate whether
			 or not a hearing is desired and if so, must indicate the number of witnesses to
			 be called and the expected duration of the direct testimony. If no hearing is
			 requested by the Petitioner and the Petitioner later finds that a hearing has
			 been requested, Petitioner must within 14 days supplement the appeal petition
			 with this information.
6) Must be
			 verified under oath.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.60 - Response of the State Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 receipt of a timely appeal, the Board will forward the appeal petition and the
			 response form to the State agency involved.
b) Within 60 days from service, the
			 Respondent shall complete and return the response form.
c) The response:
1) Must be completed on the form provided by
			 the Board and indicate which allegations of the appeal petition the Respondent
			 disputes. (See Exhibit B)
2) Must
			 be served on the Petitioner and any intervenors by the Respondent at the time
			 of filing.
3) Must be verified
			 under oath.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.70 - Intervenors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
			 request and for good cause shown, the Board may permit others to intervene as
			 parties to an appeal.
b) Petitions
			 to Intervene should be served on all parties and shall address with specificity
			 and particularity the matters "at issue" or which it desires to put "at
			 issue".
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.90 - Resolution in the Absence of a Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the absence of a request for a hearing,
			 the Board may determine all matters at issue from the evidence presented with
			 the appeal petition and response.
b) Determinations by the Board rendered
			 without hearing shall be prepared and served in the same manner as decisions
			 following hearing.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.100 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon a
			 request for hearing, the Board shall designate a time and a place for a
			 hearing. The Board shall give notice of the hearing to all parties not less
			 than 20 days prior to the date of hearing, unless that time is waived by the
			 parties. Notice shall be given personally or by certified or registered mail.
			 The notice shall include:
1) A statement of
			 the time, place and nature of the hearing;
2) A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
3) A reference to the particular Sections of
			 the statutes and rules involved; and
4) A short and plain statement of the matters
			 asserted.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.110 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The Board is an administrative fact-finding agency. All
				hearings before it are de novo. The Board's determination will be based on a
				preponderance of the evidence in the record and matters officially noticed. No
				party or representative shall make an ex parte consultation prohibited by
				Section 15 of the Illinois Administrative Procedure Act.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.120 - Order of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be the customary order of proceedings at
				hearings conducted by the Board:
a)
			 Statement of issues by the Chairman;
b) Opening statement by the
			 Petitioner;
c) Opening statement by
			 the Respondent;
d) Opening
			 statement by other parties;
e)
			 Direct examination of witnesses by the Petitioner;
f) Cross-examination of Petitioner's
			 witnesses by the Respondent, other parties and Board;
g) Direct examination of witnesses of the
			 Respondent;
h) Cross-examination of
			 the witnesses of Respondent by Petitioner, other parties and the
			 Board;
i) Direct examination of
			 witnesses of other parties;
j)
			 Cross-examination of witnesses of other parties by the Petitioner, Respondent
			 and Board;
k) Direct examination of
			 witnesses called by the Board;
l)
			 Rebuttal by Petitioner;
m)
			 Cross-examination of Petitioner's rebuttal witness by Respondent, other parties
			 and Board.
n) Cross-examination of
			 witnesses called by the Board by the Petitioner, Respondent and other
			 parties;
o) Closing argument by the
			 Petitioner;
p) Closing argument by
			 the Respondent;
q) Closing argument
			 by other parties;
r) Adjournment of
			 the hearing.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.130 - Post Hearing Briefing Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
Within 30 days from the adjournment of the hearing and with
				leave of the Board, each party may submit proposed Findings of Fact and
				Conclusions of Law. With leave of the Board, those Findings of Fact and
				Conclusions of Law may be supported by written briefs and arguments. For good
				cause, the Board may permit the parties to propose Findings of Fact and
				Conclusions of Law orally and on the record prior to the adjournment of the
				hearing. For good cause, the Board may permit non-parties to submit written
				briefs and arguments. In determining whether or not to permit the submission of
				Findings of Fact and/or Briefs, the Board shall consider but is not limited to,
				the complexity of the issues involved; the familiarity of the Board with regard
				to the subject matter; and the diligence of the parties
				involved.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.150 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrelevant,
			 immaterial or unduly repetitious evidence shall be excluded. The rules of
			 evidence and privilege as applied in civil cases in the Circuit Courts of this
			 State shall be followed. However, evidence not admissable under such rules of
			 evidence may be admitted (except where precluded by statute) if it is of a type
			 commonly relied upon by reasonably prudent men in the conduct of their affairs.
			 Objections to evidentiary offers may be made and shall be noted in the record.
			 Subject to these requirements, when a hearing will be expedited and the
			 interest of the parties will not be prejudiced, any part of the evidence may be
			 received in written form.
b)
			 Subject to the evidentiary requirements of Subsection (1) of this Section, a
			 party may conduct cross-examination required for a full and fair disclosure of
			 the facts.
c) Notice may be taken
			 of matters of which the Circuit Courts of this State may take judicial notice.
			 In addition, notice may be taken of generally recognized technical or
			 scientific facts within the Agency's specified 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 material so
			 noticed. The agency's knowledge may be utilized by the Board in the evaluation
			 of the evidence.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.160 - Transcript

Current through Register Vol. 48, No. 28, July 12, 2024
a) A transcript
			 shall be produced by the court reporter designated by the Board for all
			 hearings conducted pursuant to these rules. Copies of the transcript shall be
			 filed in the Board's principal office and made available for public inspection
			 upon reasonable request.
b) The
			 cost of the production of the transcript for the Board shall be borne by the
			 Board except that if the transcript exceeds 200 pages in length, the cost of
			 the production of that portion of the transcript in excess of the first 200
			 pages (excluding court reporter time charges) shall be paid for by the
			 Petitioner.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.170 - Findings of Fact and Order of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
Within 60 days from the expiration of the period provided for
				submitting proposed findings of fact, conclusions of law and supporting brief
				and arguments, the Board shall prepare and serve findings of fact, conclusions
				of law and an order disposing of the matters at issue.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.180 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Final
			 administrative decisions of the Board are subject to review under the
			 provisions of the Administrative Review Law (Ill. Rev. Stat. 1981, ch. 110,
			 par. 3-101 et. seq.) as amended. The record shall consist of :
1) The appeal petition and supporting
			 documentation;
2) The appeal
			 response and supporting documentation;
3) All other pleadings, (including all
			 notices and responses thereto), motions and rulings;
4) The transcript and all exhibits offered
			 and accepted and all evidence received;
5) A statement of matters officially
			 noticed;
6) Offers of proof,
			 objections and rulings thereon;
7)
			 Proposed findings and exceptions;
8) The findings of fact and conclusions of
			 law of the Board;
9) The Board's
			 order;
10) All staff memoranda or
			 data submitted to the Board in connection with their consideration of the
			 case;
11) Any communications
			 prohibited by Section 15 of the Illinois Administrative Procedure
			 Act.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.190 - Service of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
			 filing papers with the Board shall simultaneously serve copies on all parties
			 to the proceeding in any manner authorized by the Civil Practice Law. (Ill.
			 Rev. Stat. 1981, ch. 110, pars. 2-101 et. seq.)
b) Papers required to be officially filed
			 with the Board shall be accompanied by proof of service upon all those required
			 to be served, in compliance with the Civil Practice Law.
c) All papers officially required to be filed
			 with the Board must be filed with the Board's principal office at 620 E. Adams,
			 Springfield, Illinois 62701 during business hours, or at such other location as
			 the Board may designate.
d) In all
			 instances where papers are filed with the Board, there shall be ten copies
			 furnished, except where such requirement would unreasonably burden the party
			 filing.
e) All papers served or
			 filed shall be 81/2" x 11", except where such a requirement would unreasonably
			 burden the party filing.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.200 - Time Computation

Current through Register Vol. 48, No. 28, July 12, 2024
The time within which any act under these rules is to be done
				shall be computed by excluding the first day and including the last, unless the
				last day is Sunday or is a holiday as defined or fixed in any statute now or
				hereafter in force in this State, and then it shall also be excluded. If the
				day succeeding such Sunday or holiday is also a holiday or a Sunday, then such
				succeeding day shall also be excluded.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Exhibit A - Appeal Petition

Current through Register Vol. 48, No. 28, July 12, 2024
Instructions: This Appeal Petition must be entirely completed.
				When completed, ten (10) copies of it and all supporting exhibits and
				documentation must be filed with the Board office at 620 E. Adams, Springfield,
				Il. 62701.
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.10 - Source of Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Commerce and Community Affairs (Department) is authorized by
			 Section 46.42 of the Civil Administrative Code of Illinois (Part 7) [20 ILCS
			 605/46.42 ] to make such rules and regulations as may be necessary to carry out
			 its duties.
b) These rules are
			 promulgated pursuant to the State Mandates Act [30 ILCS 805 ] in the manner
			 required by the Illinois Administrative Procedure Act [5 ILCS 100 ].
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
These rules shall apply to all claims for Reimbursement and
				Requests for Determination of Mandate filed with the Department by one or more
				units of local government, as authorized by the State Mandates
				Act.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"State mandate" means any State-initiated statutory or
				"executive action" that requires a local government to establish, expand or
				modify its activities in such a way as to necessitate additional expenditures
				from local revenues, excluding any order issued by a court other than any order
				enforcing such statutory or executive action, or legislation enacted to comply
				with a federal mandate. State mandates may be reimbursable or nonreimbursable;
				however, a State mandate is not reimbursable unless the General Assembly has
				appropriated funds from which a local government may be reimbursed for its
				costs of complying with the State mandate.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.40 - Parties to a Claim for Reimbursement or a Request for Determination of Mandate

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the provisions of Section
				200.50 (Claims
				for Reimbursement) and Section
				200.60
				(Requests for Determination of Mandate) of this Part, one or more units of
				local government, other than a school district or community college district,
				may submit to the Department a Claim for Reimbursement or Request for
				Determination of Mandate.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.50 - Claims for Reimbursement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Within 60 days after the effective date of a new or expanded State mandate, one
			 or more units of local government may submit to the Department a Claim for
			 Reimbursement to recover certain costs associated with the implementation of a
			 State mandate, provided the General Assembly has appropriated funds from which
			 such reimbursement can be made.
b)
			 During the initial fiscal year during which reimbursement is authorized, the
			 one or more units of local government submitting a single Claim for
			 Reimbursement to the Department shall include in the claim an estimate of the
			 costs attributable to complying with the State mandate for the balance of the
			 fiscal year.
c) For the subsequent
			 fiscal years during which reimbursement is authorized, the one or more units of
			 local government submitting a single Claim for Reimbursement to the Department
			 must do so on or before October 1 of each calendar year. Such claim shall
			 include an estimate of the costs attributable to complying with the State
			 mandate throughout the entire fiscal year.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 200 - STATE MANDATES PROGRAM › Section 200.60 - Requests for Determination of Mandate

Current through Register Vol. 48, No. 28, July 12, 2024
In cases in which the General Assembly has not appropriated
				funds from which units of local government may be reimbursed for costs
				attributable to a new or expanded State mandate, one or more units of local
				government may submit to the Department a Request for Determination of Mandate.
				In response to a Request for Determination of Mandate, the Department shall
				determine whether the Public Act or executive action which is the subject of
				the request constitutes a State mandate, and if so, the statewide cost of
				implementation (see Section 8 of the Act).
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise noted, the following definitions shall apply
				to this Part:
"Department" - the Index Department of the Secretary of
				State.
"Depositor" - an attorney licensed or formerly licensed to
				practice in the State of Illinois who is in possession of a client's will, that
				attorney's representative, the guardian for that attorney or the personal
				representative of that attorney's decedent's estate.
"Diligent Search" - a good faith effort to locate the testator
				using resources such as telephone directories, Internet name searches, last
				known addresses or telephone numbers, known relatives, the Social Security
				Death Master File, legal research databases, and other public and private
				search capabilities.
"Secretary of State" - the Secretary of State of the State of
				Illinois.
"Testator" - a person who executed a will, other than as a
				witness or official to whom acknowledgement of signing was given.
"Will" - an original:
will;
codicil;
will and one or more codicils;
trust; or
trust and one or more trust amendments. [15 ILCS 305/5.15
				]
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.20 - Deposit of Wills

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to
			 depositing any will with the Department, the depositor shall cause to be
			 conducted a diligent search for the testator, whether it is known or unknown if
			 the testator is living. A will may be deposited with the Department only if the
			 depositor is unable to locate the testator after a diligent search.
			 [15 ILCS 305/5.15
			 ]
b) The depositor shall complete a
			 certification of search, as set forth in Section
			 400.30.
c) The Department may reject any will deposit
			 if a diligent search has not been conducted.
d) Wills may only be deposited in person at
			 the Department at 111 East Monroe St., Springfield , Illinois 62756. Deposits
			 of five or more wills will be accepted only by appointment.
e) Upon completion of the receipt, as set
			 forth in Section
			 400.40, the
			 Department will affix one copy of the receipt to the envelope containing the
			 will and will seal the envelope securely in the depositor's presence [15 ILCS
			 305/5.15].
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.30 - Certification of Search for Testator

Current through Register Vol. 48, No. 28, July 12, 2024
a) For each will deposited with the
			 Department, the depositor must certify, in writing, that the depositor is
			 unable to locate the testator after a diligent search. [15 ILCS 305/5.15
			 ]
b) The Department may refuse to
			 accept any will if the depositor does not complete the certification or if the
			 certification does not contain sufficient information detailing the search
			 conducted.
c) The certification
			 shall be in the form set forth in Appendix A and may be obtained at the
			 Department's Chicago and Springfield offices or at
www.cyberdriveillinois.com
.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.40 - Receipt

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will issue a receipt to the depositor for each
				will deposited. The receipt shall contain:
a) the date of deposit;
b) the name, address and telephone number of
			 the depositor;
c) the name and last
			 known address of the testator, as provided by the depositor;
d) a short description of each document
			 deposited, including, if shown, the date of execution and the number of pages
			 in the document;
e) alternate names
			 by which the testator may have been known, the testator's date of birth, and
			 the last four digits of the testator's social security number, only if provided
			 by the depositor. [15 ILCS 305/5.15
			 ]
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.50 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The depositor
			 shall pay a fee of $15 for each deposit of a will. No separate fees shall be
			 due for additional documents concurrently deposited in relation to a single
			 testator or for a single joint will prepared for a husband and wife.
			 [15 ILCS 305/5.15
			 ]
b) For documents not filed
			 concurrently, the depositor shall pay a separate fee of $15 per
			 deposit.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.60 - Index of Wills

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall create an index of all wills deposited.
				The index shall be categorized alphabetically by the name of the testator and
				by any alternate names by which the testator may have been known, as provided
				by the depositor.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.70 - Release of Will by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 During a testator's lifetime, the Department shall release the sealed envelope
			 containing the will to:
1) the testator, upon
			 request.
A) The testator may appear in person
			 at the Department's Springfield office to request the will. The testator shall
			 furnish signed, photo identification to the Department and shall acknowledge,
			 in writing, receipt of the sealed envelope containing the will.
B) The testator may request his or her will
			 in a written, notarized request. The Department shall send the sealed envelope
			 containing the will via United States mail, return receipt requested, to the
			 address specified by the testator.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 400 - DEPOSIT OF WILLS › Section 400.80 - Inquiries to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Upon inquiry of any of the following persons, the Department shall inform the
			 person whether the name of the relevant testator appears in the index of the
			 wills:
1) a person authorized, in writing,
			 signed by the testator and notarized, to receive the envelope;
2) a person, entity, court or government
			 agency authorized to receive the envelope pursuant to an order entered by a
			 court of competent jurisdiction. The Department will accept only original,
			 certified court orders;
3) any
			 person presenting a certified copy of the testator's death certificate or a
			 certified copy of an order of a court determining the testator to be
			 deceased.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all hearings conducted by this
				Department of Labor under Section 11a of the Prevailing Wage Act [820 ILCS
				130/11a ] (the Act) for purposes of debarring a
				contractor or subcontractor from contracting for public works as defined in the
				Act for a four year period. Such debarment is automatic after the contractor or
				subcontractor has received notice of a second violation of the Act within five
				years from the date of the notice of first violation, unless within 10 working
				days after receipt of the notice of a second violation he/she requests a
				hearing in writing in accordance with this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.10 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
All hearings shall be conducted in the most economic,
				expeditious and reasonable manner that is in accordance with Illinois law and
				the Department's Rules of Procedure in Administrative Hearings (56 Ill. Adm.
				Code 120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.24 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
			 receipt of a complaint or on the Department's initiative, the Director shall
			 review the investigative file to determine whether there has been a violation
			 or violations of which the contractor or subcontractor must be given notice.
			 All information and observations made during an audit, investigation or survey
			 shall be considered and shall constitute the basis for the Department's
			 decision that the Act has been violated and that a notice of violation shall be
			 issued. The notice of violation shall identify the specific violations of the
			 Act.
b) The notice of violation
			 shall state the amount of monies estimated due by the Department to be in
			 controversy based on reasons contained in the investigation file.
c) In making a decision that a contractor or
			 subcontractor has failed to allow the Director access to accurate payroll
			 records, the Director shall rely on the information contained in the
			 investigative file, the certified payroll records filed with the public body in
			 charge of the project or any other information and shall assess a separate
			 violation for each day worked by each worker on the subject project. Each
			 decision of a separate violation under Section 5 of the Act shall be listed in
			 the notice of violation.
d) In
			 deciding that the Act has been violated and that the issuance of a notice of
			 violation is required, the Director shall base the decision on one or any
			 combination of the following reasons:
1) The
			 severity of the violations. The Director will consider the following:
A) The amount of wages that are determined to
			 be underpaid pursuant to the Act.
B) The activity or conduct complained of
			 violates the requirements of the statute and was not merely a technical,
			 non-substantive error. Examples of a technical error include, but are not
			 limited to, a mathematical error, bookkeeping error, transposition of numbers,
			 or computer or programming error.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.26 - Initiation of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request for
			 Hearing for Notice of Second Violation. A hearing shall be initiated upon the
			 request of a contractor or subcontractor after he/she has received the notice
			 of a second violation of the Act within five years from the date of the notice
			 of first violation. Such request must be in writing and mailed by certified
			 mail or delivered in person to the Department within 10 working days after
			 receipt of the notice of the second violation. Failure to request a hearing as
			 required by this Section will result in the contractor or subcontractor, its
			 directors, officers, agents, representatives or other controlling persons
			 acting through or on their behalf from being awarded any contracts for public
			 works for four years.
b) Hearings
			 shall be conducted pursuant to the Department's Rules of Procedure in
			 Administrative Hearings (56 Ill. Adm. Code 120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 100 - PREVAILING WAGE HEARING PROCEDURES › Section 100.28 - Debarments

Current through Register Vol. 48, No. 28, July 12, 2024
Section
				100.28
				Debarments
A two year debarment period applies when the violation or
				violations that form the basis for either one or both of the notices of
				violation occurred prior to January 1, 2006. A four year debarment applies when
				the violation or violations that form the basis for both notices of violation
				occurred on or after January 1, 2006.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.10 - Scope and Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is issued by the Illinois Department of Labor under
				the Labor Arbitration Services Act [710 ILCS 10 ] (the Act). The Part applies
				to all arbitrators listed on the Department's Illinois Arbitration Service
				(IAS) Roster of Arbitrators, to all applicants for listing on the Roster, and
				to all persons or parties seeking to obtain from IAS either names or panels of
				names of Arbitrators listed on the Roster in connection with disputes which are
				to be submitted to arbitration or fact-finding.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.20 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The labor policy
			 of the State of Illinois is designed to promote the settlement of issues
			 between employers and represented employees through the processes of collective
			 bargaining and voluntary arbitration. This policy encourages the use of
			 voluntary arbitration to resolve disputes over the interpretation or
			 application of collective bargaining agreements. Voluntary arbitration and
			 fact-finding in disputes and disagreements over establishment or modification
			 of contract terms are important features of constructive labor-management
			 relations, as alternatives to economic strife in the settlement of
			 disputes.
b) Additionally, it is
			 the policy of the State to promote expeditious resolution of private employment
			 contract disputes between an employer and employee, to provide to the judicial
			 branch of government means of alternative resolution of suits regarding the
			 interpretation or application of collective bargaining agreements or private
			 employment contracts, and in general to offer these voluntary mechanisms of
			 dispute resolution as needed by both the private and public sector of the
			 economy.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.30 - Administrative Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Director: The Director of the Illinois Department of Labor has ultimate
			 responsibility for all aspects of IAS arbitration and fact-finding activities
			 (hereafter referred to as "arbitration") and is the final administrative
			 authority on all questions concerning the Roster or IAS arbitration
			 procedures.
b) Illinois Arbitration
			 Service: The Illinois Arbitration Service maintains, subject to the Director's
			 authority and instruction, a Roster of Arbitrators (the "Roster"); administers
			 Sections
			 110.70
			 through
			 110.150 of this
			 Part; assists, promotes, and cooperates in the establishment of programs for
			 training and developing new arbitrators and fact-finders (hereafter termed
			 "arbitrators"); collects information and statistics concerning the arbitration
			 function, and performs other tasks in conjunction with the function that may be
			 assigned by the Director.
c)
			 Arbitrator Review Board:
1) The Arbitrator
			 Review Board (the "Board") shall consist of a presiding officer and such
			 members and alternate members as the Director may appoint, and who shall serve
			 at the Director's pleasure and may be removed at any time. The Board shall be
			 composed entirely of full-time officers or employees of the Illinois Department
			 of Labor. The Board shall establish its own procedures for carrying out its
			 duties.
2) Duties of the Board. The
			 Board shall:
A) Review the qualifications of
			 all applicants for listing on the Roster, interpreting and applying the
			 criteria set forth in Section
			 110.50;
B) Review the status of all persons whose
			 continued eligibility for listing on the Roster has been questioned under
			 Section 110.50;
C) Make
			 recommendations to the Director regarding acceptance or rejection of applicants
			 for listing on the Roster, or regarding withdrawal of listing on the Roster for
			 any of the reasons set forth herein.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.40 - Roster of Arbitrators; Admission and Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Roster: The IAS shall maintain a
			 Roster of labor arbitrators consisting of persons who meet the criteria for
			 listing contained in Section
			 110.50(a) and
			 (b)  and whose names have not been removed
			 from the Roster in accordance with Section
			 110.50(b)(4).
b) Adherence to Standards and Requirements:
			 Persons listed on the Roster shall comply with this Part and with any written
			 instructions or forms provided to them in accordance with Sections
			 110.70
			 through
			 110.150.
			 Arbitrators are also expected to conform to the ethical standards and
			 procedures set forth in the Code of Professional Responsibility for Arbitrators
			 of Labor Management Disputes, as approved by the Joint Steering Committee of
			 the National Academy of Arbitrators (May 30, 1996, no subsequent dates or
			 editions). Copies are available at the Department of Labor's Springfield
			 office. Copies may also be obtained at
http://www.igc.org/naarb/ethics.html
.
c) Status of Arbitrators: Persons
			 who are listed on the Roster and are selected or appointed to hear arbitration
			 matters or to serve as fact-finders do not become employees of the State of
			 Illinois or the parties by virtue of their selection or appointment. Following
			 selection or appointment, the arbitrator's relationship is solely with the
			 parties to the dispute, except that arbitrators are subject to certain
			 reporting requirements and to standards of conduct as set forth in this
			 Section.
d) Role of IAS. IAS has no
			 power to:
1) Compel parties to arbitrate or
			 agree to arbitration;
2) Enforce an
			 agreement to arbitrate;
3) Compel
			 parties to agree to a particular arbitrator, except where the collective
			 bargaining agreement indicates that IAS is to select and assign the particular
			 panel rather than submit a roster and in the judgment of IAS the particular
			 arbitrator assigned does not appear to be in a conflict of interest under
			 either Section
			 110.50
			 or Section
			 110.60
			 of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.50 - Listing on the Roster; Criteria for Listing and Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons presently utilized by the Service
			 as arbitrators who are employees of the Illinois Department of Labor may
			 continue to perform such work and be placed on the Roster as their supervisors
			 permit and as their workload dictates, subject to removal as set out in this
			 part. Persons who are or later become employees of the Department of Labor may
			 be considered for placement on the Roster subject to these provisions and the
			 consent of their supervisors and their work requirements.
b) Both future Department employees and
			 private ad hoc persons who seek to be listed on the Roster must complete and
			 submit an application form which may be obtained from the Illinois Arbitration
			 Service. Upon receipt of an executed form, IAS will review the application,
			 assure that it is complete, make inquiries as to references, institutions of
			 training and written decisions, and submit the application to the Arbitrator
			 Review Board. The Board will review the completed applications under the
			 criteria set forth in subsection (1), (2) and (3) of this section, and forward
			 to the Director its recommendation on each applicant. The Director makes all
			 final decisions as to whether an applicant may be listed as set out in this
			 application and the inquiries made. Each applicant shall be notified in writing
			 of the Director's decision and the reasons therefore. The IAS may, with the
			 approval of the Director, determine periods of time during which applications
			 may be made, such application-periods to be initiated when the
			 Roster-complement appears to be in danger of generating delays in hearings,
			 whether as to the total case load or that within some industry or particular
			 geographic area. In instances where additions to the Roster are sought due to
			 case loads within a geographic area or industry, applications may be limited to
			 services within that area or industry.
1)
			 General Criteria: Applicants for the Roster will be listed on the Roster
			 subject to the above general provision upon a determination that they:
A) Are experienced, competent and acceptable
			 in decision-making roles in the resolution of labor relations disputes;
			 or
B) Have extensive experience in
			 relevant positions in collective bargaining and have had adequate training to
			 facilitate acting in a decision-making role in the resolution or labor
			 relations disputes; and
C) Are
			 capable of conducting an orderly hearing, can analyze testimony and exhibits
			 and can prepare clear and concise findings and awards within reasonable time
			 limits; and
D) Possess the factors
			 of background and experience, availability, acceptability, geographical
			 location and the expressed preferences of the parties, or a combination
			 thereof, which demonstrate that inclusion on the Roster will lead to a useful
			 role in resolving disputes.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.60 - Freedom of Choice

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing contained herein should be construed to limit the
				rights of parties who use IAS arbitration facilities jointly to select any
				arbitrator or arbitration procedure acceptable to them.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.70 - Procedures for Arbitration Services

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Arbitration Service has been delegated the
				responsibility for administering all requests for arbitration services under
				this part.
a) The IAS will designate
			 an Arbitrator to a dispute upon request by the parties or a request pursuant to
			 an agreement which does not require the IAS to provide a panel. Where such an
			 agreement was executed prior to July 1, 1987, the IAS will designate an
			 employee of the Department who is on the Roster.
b) The IAS will refer a panel of arbitrators
			 to the parties upon a request or a request pursuant to an agreement that calls
			 for the IAS to provide a panel. Where an agreement was executed prior to July
			 1, 1987, the names on the panel will consist of employees of the
			 Department.
c) The IAS prefers to
			 act upon a joint request which should be addressed to the Illinois Arbitration
			 Service, Room 300, #1 West Old State Capitol Plaza, Springfield, Illinois,
			 62701-1217. In the event that the request is made by only one party, pursuant
			 to the provisions of their Collective Bargaining Agreement, the IAS will submit
			 a panel or designate an arbitrator in accordance with the above; however, any
			 submission of a panel should not be construed as anything more than compliance
			 with a request and does not necessarily reflect the contractual requirements of
			 the parties.
d) The parties are
			 urged to use the Request for Arbitration or Mediation form which has been
			 prepared by the IAS and which is available in quantity at all Department of
			 Labor regional offices and field officer stations or upon request to the
			 Illinois Arbitration Service, Room 300, #1 West Old State Capitol Plaza,
			 Springfield, Illinois 62701-1217. Those forms are reproduced herein for
			 purposes of identification.
e) A
			 brief statement of the issues in dispute should accompany the request to enable
			 the IAS to submit the names of arbitrators qualified for the issues involved or
			 to designate a qualified arbitrator. The request should also include a current
			 copy of the arbitration section of the collective bargaining agreement or
			 stipulation to arbitrate, as well as its date of execution.
f) If the forms are not utilized, the parties
			 may request a panel or designation by letter which must include names,
			 addresses, and phone numbers of the parties, the location of the contemplated
			 hearing, the issue in dispute, the number of names desired on a panel request
			 or that it is requested that the IAS designate an arbitrator, the industry
			 involved and any special qualifications of the panel or designee
			 desired.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.100 - Selection and Appointment of Arbitrators

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties should notify the IAS of their
			 selection of an arbitrator. The arbitrator, upon notification by the parties,
			 shall notify the IAS of his selection and willingness to serve. Upon
			 notification of the parties' selection of an arbitrator, the IAS will make a
			 formal appointment of the arbitrator.
b) Where the contract is silent on the manner
			 of selecting arbitrators, the parties may wish to consider one of the following
			 methods for selection of an arbitrator from a panel:
1) Each party alternately strikes a name from
			 the submitted panel until one remains.
2) Each party advises the IAS of its order of
			 preference by numbering each name on the panel and submitting the numbered list
			 in writing to IAS. The name on the panel that has the lowest accumulated
			 numerical number will be appointed.
3) Informal agreement of the parties by
			 whatever method they choose.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.110 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
All proceedings conducted by the arbitrator shall be in
				conformity with the contractual obligations of the parties. The arbitrator must
				conduct all proceedings in conformity with Section
				110.40(b).
				The conduct of the arbitration proceeding is under the arbitrator's
				jurisdiction and control and the arbitrator's decision is to be based upon the
				evidence and testimony presented at the hearing or otherwise incorporated in
				the record of the proceeding. The arbitrator may, unless prohibited by law,
				proceed in the absence of any party who, after due notice, fails to be present
				or to obtain postponement. An award rendered in an ex parte proceeding of this
				nature must be based upon evidence presented to the
				arbitrator.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 110 - ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES › Section 110.120 - Decision and Award

Current through Register Vol. 48, No. 28, July 12, 2024
a) Arbitrators
			 are required to render awards postmarked not later than thirty calendar days
			 from the date of closing the record as determined by the arbitrator, unless
			 agreed upon by the parties or specified by law. A failure to render timely
			 awards reflects upon the performance of an arbitrator and may lead to his
			 removal from the IAS Roster. (Reference Section
			 110.50(b)(4)(B)
b) The parties should inform the
			 IAS whenever a decision is delayed. The arbitrator shall notify the IAS if and
			 when the arbitrator
1) cannot schedule, hear
			 and determine issues promptly, or
2) learns a dispute has been settled by the
			 parties prior to the decision.