Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.570 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall issue a complaint and notice of hearing. The complaint shall
				set forth the allegations of the Department regarding its findings and the
				relief the Department is requesting.
b) The contractor shall file its answer
				within 28 calendar days from the date of the complaint and specifically admit,
				deny or explain each of the facts alleged in the complaint. However, if the
				respondent is without knowledge, the respondent shall so state and that
				statement operates as a denial. All allegations in the complaint, if no answer
				is filed, or any allegation in the complaint not specifically denied or
				explained in an answer filed, unless the answer states that the contractor is
				without knowledge, shall be deemed to be admitted to be true and shall be so
				found by the ALJ.
c) An original
				and one copy of the answer shall be filed with the ALJ. Immediately upon the
				filing of his or her answer, the contractor shall serve a copy on the Director
				and other parties. An answer of a party represented by counsel or non-attorney
				party representative shall be signed by at least one attorney or non-attorney
				party representative of record in his or her individual name, whose address
				shall be stated. A party who is not represented by an attorney or non-attorney
				party representative shall sign his or her answer and state his or her address.
				Except when otherwise specifically provided by rule or statute, an answer need
				not be verified or accompanied by affidavit. The signature of the attorney or
				non-attorney party representative constitutes a certificate by him or her that
				he or she has read the answer; that, to the best of his or her knowledge,
				information and belief, there is good ground to support it; and that it is not
				interposed for delay. If an answer is not signed or is signed with intent to
				defeat the purpose of this Section, it may be stricken as a sham and false and
				the action may proceed as though the answer had not been served. For a willful
				violation of this Section an attorney or non-attorney party representative may
				be subjected to appropriate disciplinary action. Similar action may be taken if
				scandalous or indecent matter is inserted.
d) The ALJ before whom the hearing is
				scheduled may by written order extend the time within which the answer shall be
				filed.
e) If a contractor fails to
				answer and the ALJ grants a motion for summary judgment and enters a final
				order based upon the failure to answer and an admission of all the facts as
				true and, if within 30 days after the final decision issued by the ALJ, the
				contractor files a motion to vacate the ALJ's final decision demonstrating good
				cause shown for failing to answer the Department's allegations, and the ALJ
				thereafter grants the motion, the contractor shall be afforded an opportunity
				to answer and the matter shall proceed as if an original answer to the
				Department's findings had been filed.
f) Except as provided for in this Section,
				the Department's rules for formal hearings set forth in the Rules of Procedure
				in Administrative Hearings (56 Ill. Adm. Code 120) shall apply.