(820 ILCS 105/10) (from Ch. 48, par. 1010)
Sec. 10.
(a) The Director shall make and revise administrative regulations,
including definitions of terms, as he deems appropriate to carry out the
purposes of this Act, to prevent the circumvention or evasion thereof, and
to safeguard the minimum wage established by the Act. Regulations governing
employment of learners may be issued only after notice and opportunity for
public hearing, as provided in subsection (c) of this Section.
(b) In order to prevent curtailment of opportunities for employment,
avoid undue hardship, and safeguard the minimum wage rate under this Act,
the Director may also issue regulations providing for the employment of
workers with disabilities at wages lower than the wage rate applicable under this
Act, under permits and for such periods of time as specified therein; and
providing for the employment of learners at wages lower than the wage rate
applicable under this Act. However, such regulation shall not permit lower
wages for persons with disabilities on any basis that is unrelated to such person's
ability resulting from his disability, and such regulation may be issued only
after notice and opportunity for public hearing as provided in subsection
(c) of this Section.
(c) Prior to the adoption, amendment or repeal of any rule or regulation
by the Director under this Act, except regulations which concern only the
internal management of the Department of Labor and do not affect any public
right provided by this Act, the Director shall give proper notice to
persons in any industry or occupation that may be affected by the proposed
rule or regulation, and hold a public hearing on his proposed action at
which any such affected person, or his duly authorized representative, may
attend and testify or present other evidence for or against such proposed
rule or regulation. Rules and regulations adopted under this Section shall
be filed with the Secretary of State in compliance with "An Act concerning
administrative rules", as now or hereafter amended.
(d) The commencement of proceedings by any person aggrieved by an
administrative regulation issued under this Act does not, unless
specifically ordered by the Court, operate as a stay of that administrative
regulation against other persons. The Court shall not grant any stay of an
administrative regulation unless the person complaining of such regulation
files in the Court an undertaking with a surety or sureties satisfactory to
the Court for the payment to the employees affected by the regulation, in
the event such regulation is affirmed, of the amount by which the
compensation such employees are entitled to receive under the regulation
exceeds the compensation they actually receive while such stay is in
effect. (e) The Department may adopt emergency rules in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act to implement the changes made by this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-363, eff. 7-28-23.)
|