TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.5 APPLICABILITY
Section 100.5 Applicability
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.
(Source: Amended at 30 Ill. Reg.
16293, effective September 26, 2006)
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.10 POLICY
Section 100.10 Policy
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).
(Source: Amended at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.20 APPLICABILITY
Section 100.20 Applicability
(Source: Renumbered to Section 100.5 at 14 Ill. Reg. 13608, effective
August 9, 1990)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.22 DEFINITIONS
Section 100.22 Definitions
"Accurate records" means the payroll records
required to be filed with the public body in charge of the project as required
by Section 5 of the Act. Accurate records shall also mean the hourly rate paid
for fringe benefits, including pension, health and welfare, training and
vacations, and a designation of whether such fringe benefits were paid into a
fund or paid directly to the employee.
"Act" means the Prevailing Wage Act [820 ILCS 130].
"Construction manager" includes, but is not limited
to, the contractor, subcontractor or anyone overseeing any project covered by
the Act for purposes of the posting requirement.
"Contract" means an
agreement either written or oral or otherwise as agreed to between the parties.
"Decision" means that the Department has determined
that a violation has occurred that warrants the Director or the Director's
designee to issue a notice of violation to a contractor or subcontractor. Each
specific finding listed in the notice of violation is a separate
"Decision" that the Act has been violated.
"Director" means the Director of the Illinois Department of
Labor or, at the Director's discretion, the Director's designee, deputy or
agent.
"Employee", for purposes of the Act and this Part,
means laborers, mechanics and other workers employed in any public works, as
defined and covered under the Act, by anyone under contracts for public works.
"Employer", for purposes of the Act and this Part,
means contractors and/or subcontractors who perform public works projects
subject to the Act.
"Notice of second violation" is a notice issued by
the Department advising a contractor or subcontractor that a violation as
defined in this Section has occurred within five years from the date of the
notice of first violation.
"Notice of violation" means the formal written
notice to a contractor or subcontractor that the Department has made a decision
that the contractor or subcontractor has violated the Act.
"Prevailing hourly rate of wages" means the hourly
cash wages plus fringe benefits for health and welfare, insurance, training,
vacations and pensions paid most frequently (numerically most occurring), in
the county in which the public works is performed, to employees engaged on
public works, as determined by the public body awarding the contract or the
most recent revision as determined by the Department of Labor effective prior
to the date when the contract was let for bids or, if not let for bids, when
executed; and all revisions by the Illinois Department of Labor when effected.
"Violation" means a written decision by the
Department that a contractor or subcontractor has: failed or refused to pay
the prevailing wage to one or more laborers, workers, or mechanics under a
single contract or subcontract as required by Section 3 of the Act; failed to
keep accurate records as required by the Act or this Part; failed to produce to
the Department accurate records or records not in compliance with the
provisions of Section 6 of the Act; refused to submit records to the Department
in response to a subpoena issued in accordance with Section 10 of the Act; refused
to comply with the certified payroll provision of Section 5 of the Act; refused
the Department access, at any reasonable hour or at any location designated by
the Department, to inspect the contractor's or subcontractor's certified
records and other records as required by the Act or this Part; failed to insert
into each subcontract or lower tiered subcontract and into the project
specifications for each subcontract or lower tiered subcontract a written
stipulation that not less than the prevailing rate of wages be paid as required
by Section 4 of the Act; or the contractor failed to obtain a bond that
guarantees the faithful performance of the prevailing wage clause in the
contract. A violation also means a written decision by the Department that a
contractor or construction manager failed to post at a location on the project
site of the public works the prevailing wage rates as required by Section 4 of
the Act.
(Source: Amended at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.24 NOTICE OF VIOLATION
Section 100.24 Notice of
Violation
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.
2) The nature and duration of the present violations as well as prior
history of the contractor or the subcontractor related to the Act. The prior
history considered cannot exceed seven years before the date of the second
notice of violation.
3) Whether the contractor or subcontractor filed certified
payroll records with the public body in charge of the project; whether the
contractor or subcontractor has kept the payroll records and accurate records
for 3 years; whether the contractor or subcontractor produced certified payroll
records in accordance with Section 5 of the Act.
4) Whether the contractor or subcontractor has violated any other
provision of the Act.
e) The notices of the first and second violations shall be sent
by the Department by certified mail, deposited in the United States mail,
postage prepaid, addressed to the last known address of the persons,
partnerships, associations, or corporations involved. Said notices shall
contain a reference to the specific Sections of the Act or this Part alleged to
have been violated; identify the particular public works project involved; the
conduct complained of; an identification as to first or second notice and a
statement of remedies available to the contractor or subcontractor and
Department.
(Source: Amended at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.26 INITIATION OF HEARING
Section 100.26 Initiation of
Hearing
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).
(Source: Amended at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.28 DEBARMENTS
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.
(Source: Added at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.30 NOTICE OF HEARING (REPEALED)
Section 100.30 Notice of
Hearing (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.40 INTERVENTION (REPEALED)
Section 100.40 Intervention
(Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.50 POSTPONEMENT OR CONTINUANCE OF HEARING (REPEALED)
Section 100.50 Postponement
or Continuance of Hearing (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.60 HEARING EXAMINER; POWER AND DUTIES (REPEALED)
Section 100.60 Hearing
Examiner; Power and Duties (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.70 PRE-HEARING CONFERENCE (REPEALED)
Section 100.70 Pre-Hearing
Conference (Repealed)
(Source:
Repealed at 30 Ill. Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.80 CONSENT FINDINGS AND RULES OR ORDERS (REPEALED)
Section 100.80 Consent
Findings and Rules or Orders (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.90 DISCOVERY (REPEALED)
Section 100.90 Discovery
(Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.100 HEARING (REPEALED)
Section 100.100 Hearing (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.110 HEARING EXAMINER'S DECISION (REPEALED)
Section 100.110 Hearing
Examiner's Decision (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 100
PREVAILING WAGE HEARING PROCEDURES
SECTION 100.120 JUDICIAL REVIEW (REPEALED)
Section 100.120 Judicial
Review (Repealed)
(Source: Repealed at 30 Ill.
Reg. 16293, effective September 26, 2006)
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