(820 ILCS 130/11a) (from Ch. 48, par. 39s-11a)
Sec. 11a. The Director of the Department of Labor shall publish in the
Illinois Register no less often than once each calendar quarter a list of
contractors or subcontractors found to have disregarded their obligations
to employees under this Act. The Department of Labor shall determine the
contractors or subcontractors who, on 2 separate occasions within 5 years, have been
determined to have violated the provisions of this Act. Upon such
determination the Department shall notify the violating
contractor or subcontractor. Such contractor or subcontractor shall then
have 10 working days to request a hearing by the Department on the alleged
violations. Failure to respond within the 10 working day period shall
result in automatic and immediate placement and publication on the list.
If the contractor or subcontractor requests a hearing within the 10 working
day period, the Director shall set a hearing on the alleged violations.
Such hearing shall take place no later than 45 calendar days after the
receipt by the Department of Labor of the request for a hearing.
The Department of Labor is empowered to promulgate, adopt, amend and rescind
rules and regulations to govern the hearing procedure. No contract shall
be awarded to a contractor or subcontractor appearing on the list, or to
any firm, corporation, partnership or association in which such contractor
or subcontractor has an interest until 4 years have elapsed from the date
of publication of the list containing the name of such contractor or
subcontractor. A contractor or subcontractor convicted or found guilty under Section 5 or 6 of this Act shall be subject to an automatic and immediate debarment, thereafter prohibited from participating in any public works project for 4 years, with no right to a hearing.
(Source: P.A. 97-571, eff. 1-1-12.)
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