Section 950.250  Assessment

a)         After determining that an employer is subject to penalty under the Act for a calendar year, the Department shall issue a notice of proposed assessment to the employer, stating:

1)         the number of employees for which the $250 penalty under Section 950.200(a)(1) is proposed for the calendar year;

2)         the number of employees for which the $500 penalty under Section 950.200(a)(2) is proposed for the calendar year; and

3)         the total amount of penalties proposed. (Section 85(b) of the Act)

b)         A written protest against the proposed assessment may be filed with the Department, setting forth the grounds on which such protest is based.  (Section 85(c) of the Act) A protest must be in writing and must include the following at a minimum:

1)         The employer’s name, address and federal employer identification number;

2)         The date of issuance of the notice of proposed assessment which is being contested;

3)         The calendar years involved;

4)         To the extent possible, the factual and legal grounds upon which the objections to the notice of proposed assessment are based;

5)         A certification that the facts stated are true, correct and complete to the best of the affiant's knowledge and belief.

c)         Upon the expiration of 120 days after the date on which a notice of proposed assessment was issued, the penalties specified in the notice shall be deemed assessed, unless the employer had filed a protest with the Department under subsection (b) or comes into full compliance with the Program as required under Section 60 of the Act. (Section 85(b) of the Act)

d)         If, within 120 days after the date on which a notice of proposed assessment was issued, a protest of the notice of proposed assessment is filed under subsection (b), the penalties specified in the notice shall be deemed assessed upon the date when the decision of the Department with respect to the protest becomes final under subsection (e). (Section 85(b) of the Act)

e)         If the protest is filed within 120 days after the date the notice of proposed assessment is issued, the Department shall reconsider the proposed assessment and shall grant the employer a hearing. As soon as practicable after the reconsideration and hearing, the Department shall issue a notice of decision to the employer, setting forth the Department's findings of fact and the basis of the decision. (Section 85(c) of the Act) The decision of the Department shall become final:

1)         if no action for review of the decision is commenced under the Administrative Review Law, on the date on which the time for commencement of the review has expired; (Section 85(c)(1) of the Act) or

2)         if a timely action for review of the decision is commenced under the Administrative Review Law, on the date all proceedings in court for the review of the assessment have terminated or the time for taking the action for review has expired without proceedings being instituted. (Section 85(c)(2) of the Act)