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(820 ILCS 175/70)
(a) A day and temporary labor service agency or third party client that
of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty
not to exceed $6,000 for
violations found in the first audit by the
Department. Following a first audit, a day and temporary labor service agency or third party client shall be subject to a civil penalty not to
exceed $2,500 for each repeat violation found
by the Department within 3 years. For purposes of this subsection, each violation of this Act for each day or temporary laborer and for each day the violation continues shall constitute a separate and distinct violation.
In determining the amount of a penalty, the Director shall
consider the appropriateness of the penalty to the
day and temporary labor service agency or third party client charged, upon the determination of the
gravity of the violations. For any violation determined by the Department to be willful which is within 3 years of an earlier violation, the Department may revoke the registration of the violator, if the violator is a day and temporary labor service agency. The
amount of the penalty, when finally determined, may be:
(1) Recovered in a civil action brought by the
Director of Labor in any circuit court. In this litigation, the Director of Labor shall be represented by the Attorney General.
(2) Ordered by the court, in an action brought by any
party for a violation under this Act, to be paid to the Director of Labor.
(b) The Department shall adopt rules for violation hearings and penalties for violations of this Act or the Department's rules in conjunction with the penalties set forth in this Act.
Any administrative determination by the Department as to the amount of each
penalty shall be final unless reviewed as provided in Section 60 of this Act.
(Source: P.A. 96-1185, eff. 7-22-10.)