Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 260 - DAY AND TEMPORARY LABOR SERVICES ACT › Subpart C - REGISTRATION PROCESS › Section 260.310 - Content of Application to Register

Current through Register Vol. 48, No. 28, July 12, 2024
An application to register a day and temporary labor service
				  agency, and an application for registration renewal, shall be made on a form
				  provided by the Department. The application shall contain but is not limited to
				  the following:
a) The name, address,
				federal employer identification number, and telephone number of the person,
				including the trade and/or assumed name by which the person does
				business;
b) If the person is a
				corporation, a copy of its articles of incorporation, a copy of its current
				bylaws and the names and addresses of its officers and directors and the names
				and addresses of shareholders owning more than 5% of the corporation's stock
				shall be provided for the initial registration. Application for registration
				renewal shall contain any amendments to the articles of incorporation and
				bylaws, the names and addresses of any new officers and directors, and the
				names and addresses of any new shareholders owning more than 5% of the
				corporation's stock;
c) If the
				person is a partnership, the names, business or personal addresses, and
				telephone numbers of all partners. Application for registration renewal shall
				contain the names, business or personal addresses, and telephone numbers of all
				new partners;
d) If the person is a
				limited liability company, a copy of the articles of organization, the
				operating agreement, and the names and addresses of all organizers and members
				owning more than 5% of the membership;
e) The name, address, federal employer
				identification number, and telephone number of the registered agent for the
				place of business, including the position held by that person or entity with
				the person. Application for registration renewal shall contain the name,
				address, federal employer identification number, and telephone number of any
				new registered agent for the place of business, including the position held by
				that person or entity with the day labor service agency;
f) The name and locations of premises from
				which the day and temporary labor service agency will provide services.
				Application for renewal shall contain any new name and locations of premises
				from which the day and temporary labor service agency will provide
				services;
g) The name and address
				of the person under whose management or supervision the day and temporary labor
				service agency will be operated. If, during the period when the registration is
				effective, the person under whose management or supervision the day and
				temporary labor service agency operates changes, the day and temporary labor
				service agency will notify the Department within 30 days after the change.
				Application for registration renewal shall include the name and address of any
				new person under whose management or supervision the day labor service agency
				will be operated;
h) Certification
				that the applicant, if an individual, is 18 years of age or older;
i) A bond in due form, to the People of the
				State of Illinois, for the penal sum of $5,000 with one or more sureties, to be
				approved by the Department of Labor and conditioned that the obligor will
				conform to and not violate any of the duties, terms, conditions, provisions or
				requirements of the Act or this Part;
j) A certification that the agency will
				comply with all applicable State and federal employment laws, including, but
				not limited to, the Illinois Wage Payment and Collection Act [820 ILCS 115 ]
				and state and federal laws relating to employee compensation and overtime
				compensation (Illinois Minimum Wage Law [820 ILCS 105 ]), social security
				taxes, State and federal income taxes, workers' compensation (Workers'
				Compensation Act [820 ILCS 305 ]), and unemployment taxes (Unemployment
				Insurance Act [820 ILCS 405 ]);
k)
				A copy of the form to be used for the employment notice, as required by Section
				10 of the Act and Section
				260.400 of this
				Part. The form shall include, but is not limited to, the items listed in
				Section 260.400;
l) An oath or
				affirmation certifying that all information contained within, and attached to,
				the application is true and complete;
m) The notarized signature of the individual
				submitting the application;
n)
				Copies of financial responsibility and liability insurance required under the
				Motor Vehicle Code [625 ILCS 5 ] for any transportation provided by or referred
				by the day and temporary labor service agency or a third party client, or a
				contractor or agent of either, to transport day or temporary laborers to a work
				site;
o) Proof of an employer
				account number for payment of unemployment insurance contributions as required
				by Section 45 of the Act; and
p)
				Proof of valid workers' compensation insurance in effect at the time of and for
				the duration of the registration period covering all of the day and temporary
				labor service agency's employees, as required by Section 45 of the
				Act.