(820 ILCS 156/30) Sec. 30. Department responsibilities. (a) The Department shall administer and enforce this Act and adopt rules under the Illinois Administrative Procedure Act for the administration and enforcement of this Act. The Department has the powers and the parties have the rights provided in the Illinois Administrative Procedure Act for contested cases. The Department has the power to conduct investigations in connection with the administration and enforcement of this Act, including the power to conduct depositions and discovery and to issue subpoenas. After concluding its investigation, the Director shall notify all parties of the determination. The Director shall issue a notice of violation when the investigation has established that a violation of any part of this Act occurred or is occurring. The Department shall serve notice on the parties by certified U.S. mail, postage prepaid, return receipt requested, addressed to the last known address of the parties. Within 20 days after the date of service, a party may request a hearing by certified mail or personal delivery to the Department. Hearings shall be conducted pursuant to the provisions of Article 10 of the Illinois Administrative Procedure Act and the Department's rules of procedure in administrative hearings set forth in 56 Ill. Adm. Code 120. (b) The Department is authorized to impose civil penalties in administrative proceedings that comply with the Illinois Administrative Procedure Act and to supervise the payment of the unpaid wages and damages owing to the employee or employees under this Act. The Department may bring any legal action necessary to recover the amount of unpaid wages, damages, and penalties, and the employer shall be required to pay the costs. Any sums recovered by the Department on behalf of an employee under this Act shall be paid to the employee or employees affected. (c) The Attorney General may bring an action to enforce the collection of any civil penalty imposed under this Act.(Source: P.A. 103-466, eff. 1-1-24.) |