AUTHORITY: Implementing and authorized by the Private Employment Agency Act [225 ILCS 515].

SOURCE: Adopted October 22, 1963; amended March 15, 1967; amended January 3, 1977; amended at 3 Ill. Reg. 23, page 84, effective June 9, 1979; amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979; emergency rule at 5 Ill. Reg. 14623, effective January 1, 1982, for a maximum of 150 days; amended and codified at 6 Ill. Reg. 5778, effective April 30, 1982; amended at 25 Ill. Reg. 878, effective January 5, 2001; amended at 42 Ill. Reg. 8323, effective May 4, 2018.

SUBPART A: PROCEDURE FOR INITIATION AND RESOLUTION OF COMPLAINTS SEEKING REVOCATION OR SUSPENSION OF LICENSE OF A PRIVATE EMPLOYMENT AGENCY OR EMPLOYMENT COUNSELOR

 

Section 680.100  Provisions of the Act (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.110  Provisions of the Illinois Human Rights Act (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.120  Obtaining Copies  (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.130  Additional Provisions of the Illinois Human Rights Act (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.140  Prohibition of Discrimination Practices  (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.200  Provisions of the Act

 

Section 12 of the Act provides in part:

 

The Director of Labor or his designated representative shall have the power and authority to conduct hearings in accordance with "The Illinois Administrative Procedure Act", upon complaint by an authorized officer of the Department of Labor or any interested person of a violation of the Act or the rules and regulations of the Department of Labor.

. . . When it is shown to the satisfaction of the Director of Labor that any person is guilty of an immoral, fraudulent, or illegal conduct in connection with the conduct of the business, it shall be the duty of the Director of Labor to revoke or suspend the license of such person, but notice of such charges shall be presented and reasonable opportunity shall be given the licensee to defend himself in the manner and form provided in the Act.  Whenever the Director of Labor shall issue an order after hearing as provided in this Section, refuse to issue, or revoke the license of any such employment agency or employment counselor, the determination shall be reviewable under and in accordance with the provisions of the Administrative Review Act. [735 ILCS 5/Art. III]

 

(Source:  Amended at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.210  Procedures in Connection with Initiation and Resolution of Complaints

 

The Director of Labor accordingly prescribes the following procedures in connection with initiation and resolution of complaints seeking the revocation or suspension of license of a private employment agency or employment counsellor.

 

(Source:  Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)

 

Section 680.215  Filing Complaint

 

Complaints may be initiated at any time by anyone in either oral or written form.

 

a)         A complaint shall contain the name and address of the private employment agency or counsellor involved, and a concise statement of the violation alleged.

 

b)         A complaint shall contain the name, address, and telephone number of the person initiating the complaint.

 

(Source:  Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)

 

Section 680.220  Investigation of Complaint

 

Prior to final determination, the Department may pursue the complaint by preliminary hearing, or information gathering meeting, with the cooperation of all known parties to the complaint, or by investigation as provided in the Act.

 

(Source:  Amended at 3 Ill. Reg. 34, page 190, effective August 24, 1979)

 

Section 680.225  Contested Case Resolution

 

Resolution of complaints seeking suspension or revocation of a private employment agency or employment counselor license will be pursued in accordance with the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and 56 Ill. Adm. Code 120.

 

(Source:  Amended at 25 Ill. Reg. 878, effective January 5, 2001)

 

Section 680.230  Rules of Procedures in Administrative Hearings--Contested Cases (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 878, effective January 5, 2001)

SUBPART B: STANDARDS OF PRACTICE FOR ADVERTISING BY PRIVATE EMPLOYMENT AGENCIES AND EMPLOYMENT COUNSELORS

 

Section 680.300  Prohibition of False or Misleading Statements

 

No licensee shall publish or cause to be published or circulate any false or fraudulent or misleading information, representation, promise or notice by advertising, or in any other way make false statements or misrepresentation to any person seeking employment or to any employer seeking employees.

 

Section 680.310  Prohibition of Solicitation for Jobs Not on File

 

No licensee shall publish or cause to be published any notice or advertisement soliciting persons to register for a specific job unless the licensee has on file a current bona fide job order as required by Section 903 of the Act.  Job orders must be received from an employer or an authorized representative therefrom.  Exaggerated claims may not be made as to the number of positions currently available.

 

Section 680.320  Maintenance of File

 

Each licensee must maintain a file of all job advertisements identified by date and publication.  Such records shall be retained for one year.

 

Section 680.330  Advertisements and Notices

 

Except for licensees whose trade name contains the term Personnel, Employment Agency, or Employment Service, all advertisements and any notices, published in any manner, by any private employment agency which accepts a placement fee from the applicant, shall carry the name and address under which the private employment agency is licensed to do business and the fact that it conducts a private employment agency.  If a licensee chooses to adopt an abbreviated name for advertising purposes, prior approval must be obtained from the Department of Labor.  A licensee shall not use a Post Office, newspaper or any other box number in any advertising, unless a licensee identifies itself as required by the Act, and Rules and Regulations.

 

(Source:  Amended at 6 Ill. Reg. 5778, effective April 30, 1982)

 

Section 680.340  Indication of Employer Paying Placement Fees

 

All advertisements of positions which indicate that the employer pays the placement fee must be clearly identified as such, by use of the terms 'no fee to applicant', employer pays fee', 'no charge to applicant', and distinct from positions which the applicant shall pay the fee.  On advertised positions which indicate that the employer will pay the fee, the licensee shall be responsible for the employer pay fee arrangement and without any cost to the applicant. The offering of such positions shall not be used to 'bait' in any manner to secure applicants for fee positions. Advertisements containing both employer pay fee positions and applicant pay fee positions shall be stated in a non-deceptive manner so as to preclude any misunderstanding as to which jobs cost the applicant a fee.  In positions offered to applicants whereby a representation is made that the employer will pay the fee, licensee shall be responsible for the employer pay fee arrangement without any cost to the applicant.

 

(Source:  Amended at 6 Ill. Reg. 5778, effective April 30, 1982)

 

Section 680.350  Salary

 

No salary shall appear in an advertisement except the salary indicated in the actual job order.  Only base salaries may be advertised in total amounts, although contingent benefits such as incentive pay, bonuses, vacation, expenses, profit sharing may be mentioned if actually existent.

 

a)         Base salary is defined as that amount which the employer in its job order agrees to pay, exclusive of contingent or fringe benefits.

 

b)         When several positions are offered in a range of salaries, the minimum as well as the maximum salary in each classification must be quoted.

 

c)         No dollar references may be made as to potential earnings unless demonstrable and verifiable.

 

(Source:  Amended at 6 Ill. Reg. 5778, effective April 30, 1982)

 

Section 680.360  Cancellation of Advertisements for Filled Positions

 

Advertisements of positions which have been filled shall be cancelled promptly.

SUBPART D: SOLICITING OF EMPLOYEES

 

Section 680.400  Soliciting of Employees

 

No private employment agency, which accepts fees from the applicant, shall by itself or by its agents solicit or attempt to persuade or induce any employee to leave or be separated from his/her employment by direct means of communication on the employer's premises during employee's employment hours, unless the said employee has previously granted his/her permission to the licensee.

 

(Source:  Amended at 6 Ill. Reg. 5778, effective April 30, 1982)

SUBPART E: LETTER SERVICE

 

Section 680.500  Letter Writing Service

 

a)         Letter Writing Service is that service performed by mailing letters, resumes and other correspondence for the sole purpose of generating employment offers.

 

b)         Licensee may, with a written permit of the Department of Labor, charge a reasonable fee to cover expenses of printing and mailing letters and resumes not to exceed $250. The fee shall be called letter service fee and is to be credited on the fee charged for any placement resulting from such letter service.

 

c)         Licensee shall keep a complete record of fee collected and expenses incurred with respect to every such letter service fee charged.  This record shall be called a letter service fee record (and kept on file) and open for inspection by the Department of Labor during all business hours.

 

d)         Licensee shall refund the fees collected, less expenses incurred, within six months of the date of application, if no acceptable position has been furnished to the applicant by the licensee.  An itemized account of such expenditures shall be presented to the applicant at the time of returning unused portion of such letter service fee.  All such refunds shall be in cash or negotiable check and receipts obtained therefor.

 

e)         Any such permit granted by the Department of Labor may be revoked by it upon due notice to the holder of said permit and due cause shown and hearing thereon.

 

(Source:  Amended at 6 Ill. Reg. 5778, effective April 30, 1982)

SUBPART F: TELEPHONES

 

Section 680.600  Employment Agency Telephone Numbers

 

The licensee shall in writing notify the Department of all telephone numbers to be used by said licensee in connection with the employment agency; phone numbers must be used exclusively in the operation of the employment agency and not in conjunction with any other business.

SUBPART G: COPY OF CONTRACT TO APPLICANT

 

Section 680.700  Copy of Contract

 

An executed copy of each contract or other document to which the applicant becomes a party with the licensee shall be given to the applicant by the licensee or licensee agency at the time of the execution of such contract or other document.

SUBPART H: STANDARDS OF PRACTICE BY PRIVATE EMPLOYMENT AGENCIES CONDUCTING A "DOMESTIC AGENCY"

 

Section 680.800  Definition of "Domestic Agency"

 

Domestic Agency as used under these rules means and includes the business of conducting any agency, bureau, office or any other place for the purpose of procuring, offering, promising, or attempting to provide employment for any domestic or household help.

 

Section 680.810  Applications for Domestic Services

 

Every such licensee who sends out any person to render domestic services or household help shall cause each applicant for such employment to fill out an application form giving the following information:

 

a)         The name and address of the applicant;

 

b)         The length of time such applicant has resided at the aforementioned address; and

 

c)         The names and addresses of the last three persons for whom the applicant has rendered household or domestic help.

 

Section 680.820  Requirements of Licensee

 

No licensee shall send out any person to render such domestic or household help unless such person has filled  out the aforementioned application personally at the agency and has been interviewed by the licensee or a licensed placement counsellor.

 

Section 680.830  Endorsement of Application

 

The application heretofore mentioned shall have endorsed thereon the date of the interview and the signature of the person who interviewed the applicant.

 

Section 680.840  Verification of References

 

It shall be the duty of every licensee to verify the references of the aforementioned last places of employment listed on the application and it shall be the further duty of the licensee to keep a file of such records in the agency.

 

Section 680.850  Executed Application Forms and Verifications of References

 

The executed application forms and verifications of references recited shall be kept in the domestic registry of the agency and shall be open to inspection by the Department of Labor.

 

Section 680.860  Referral Slips

 

Every licensee who sends out any person to render such domestic or household help shall mail to the employer of such applicant within twenty-four hours, a referral slip which shall contain the printed name, address, and telephone number of the agency and on which shall be written or typewritten the date that the applicant was referred to the employer, the name of the applicant and the previous references of the applicant.

 

Section 680.870  Verification of Qualifications

 

No person shall send out any applicant to render domestic or household services until such licensee has by letter verified the qualifications stated in the application as to the applicant's previous work record, unless such applicant has had no experience or training; then such licensee shall indicate, by endorsement on the referral slip, the qualifications claimed by the applicant.

 

Section 680.880  Separate Records

 

If any employment agency which sends out persons to perform domestic or household help also engages in the business of conducting a general employment agency, the records of the agency relating to the domestic or household help phase of the agency business shall be kept separate from the records of the agency pertaining to any other phase of such business.

 

Section 680.890  Physical Examination Documentation

 

Every licensee who sends out any person to render domestic service shall maintain documentation of a physical examination of the domestic performed within the twelve months prior to the referral.  The licensee shall maintain a copy of the licensed physician's statement with the application.  Such documents of an annual physical examination shall consist of:

 

a)         The statement that the domestic referral named therein was "found free of communicable disease."

 

b)         The signature of a licensed physician, dated within the previous twelve months of the referral.

 

(Source:  Amended at 3 Ill. Reg. 23, page 84, effective June 9, 1979)

SUBPART H: PRIVATE EMPLOYMENT AGENCY LICENSURE

 

Section 680.1000  Application Fees for Agency Licensure

 

a)         The Department licenses private employment agencies in accordance with Section 1 of the Private Employment Agency Act [225 ILCS 515].

 

b)         The fee that must be submitted along with a domestic agency's application for licensure is determined by the number of employment counselors that the Agency employs.  The current fee schedule is:

 

1)         1 to 2 employment counselors:  $250

 

2)         3 to 5 employment counselors:  $350

 

3)         6 to 10 employment counselors:  $400

 

4)         11 or more employment counselors:  $500

 

(Source:  Added at 42 Ill. Reg. 8323, effective May 4, 2018)