Section 300.1160  Notice and Appeal of Department's Order

a)         Following the entry of a final order, the Department will send written notice of its order to the parties by regular U.S. mail, or via email to an email address previously designated by the party for purposes of receiving communications under this Act, setting forth the amount of the judgment, if any, including all damages, administrative fees, and penalties, as well as the parties' appeal rights. Service shall be presumed to be accomplished upon mailing or emailing.

b)         A party may file a motion to reconsider with the Department within 15 days after the Department's order and the motion will only be considered by the Department for procedural issues. A motion to reconsider should be sent to the Department's Chicago office, 160 N. LaSalle, C-1300, Chicago IL  60601. The Department will issue a written decision on any motions to reconsider and serve that decision on all parties via regular US mail or via email to an email address previously designated by the party for purposes of receiving communications under this Act. No further appeal process or administrative remedies may be sought at the Department level.

c)         Any party may appeal the Department's order or dismissal to the circuit court within 35 days under the provisions of the Administrative Review Law [735 ILCS 5/Art. III]. If a motion to reconsider is filed with the Department, the time period to appeal to the circuit court will begin when the Department issues its written decision on any motion to reconsider via regular US mail or via email to an email address previously designated by the party for purposes of receiving communications under this Act.

d)         If a party seeks judicial review of a Department order or dismissal, that party will pay the actual cost to the Department of preparing the administrative record and filing the record in court.  Payment must be made by certified check, cashier's check, or money order, made payable to the Illinois Department of Labor or using the State Treasurer's E-Pay program or any successor program.

e)         Actions for judicial review shall be filed where the hearing proceeding took place, which is either the circuit court of Cook County or Sangamon County.

f)         The order of the Department will become final and enforceable if no appeals are filed within 35 days after the Department's order or after all appeals are exhausted.

(Source:  Amended at 47 Ill. Reg. 5406, effective March 31, 2023)