(820 ILCS 205/17) (from Ch. 48, par. 31.17)
(Text of Section before amendment by P.A. 103-201)
Sec. 17.
It shall be the duty of the Department of Labor to enforce
the provisions of this Act. The Department of Labor shall have the power
to conduct investigations in connection with the administration and enforcement
of this Act and the authorized
officers and employees of the Department of Labor are hereby
authorized and empowered, to visit and inspect, at all reasonable times
and as often as possible, all places covered by this Act. Truant
officers and other school officials authorized by the board of education
or school directors shall report violations under this Act to the
Department of Labor, and may enter any place in which children are, or
are believed to be employed and inspect the work certificates on file.
Such truant officers or other school officials also are authorized to
file complaints against any employer found violating the provisions of
this Act in case no complaints for such violations are pending; and when
such complaints are filed by truant officers or other school officials
the State's attorneys of this state shall appear for the people, and
attend to the prosecution of such complaints. The Department of Labor shall
conduct hearings in accordance with "The Illinois Administrative Procedure
Act", approved September 22, 1975, as amended, upon written complaint by
an investigator of the Department of Labor, truant officer or other school
official, or any interested person of a violation of the Act or to revoke
any certificate under this Act. After such hearing, if supported by the
evidence, the Department of Labor may issue and cause to be served on any
party an order to cease and desist from violation of the Act, take such
further affirmative or other action as deemed reasonable to eliminate the
effect of the violation, and may revoke any certificate issued under the
Act and determine the amount of any civil penalty allowed by the Act. The
Director of Labor or his authorized representative may compel by subpoena,
the attendance and testimony of witnesses and the production of books,
payrolls, records, papers and other evidence in any investigation or
hearing and may administer oaths to witnesses.
(Source: P.A. 80-1482.)
(Text of Section after amendment by P.A. 103-201)
Sec. 17.
It shall be the duty of the Department of Labor to enforce
the provisions of this Act. The Department of Labor shall have the power
to conduct investigations in connection with the administration and enforcement
of this Act and the authorized
officers and employees of the Department of Labor are hereby
authorized and empowered, to visit and inspect, at all reasonable times
and as often as possible, all places covered by this Act. Truant
officers and other school officials authorized by the board of education
or school directors shall report violations under this Act to the
Department of Labor, and may enter any place in which children are, or
are believed to be employed and inspect the work certificates on file.
Such truant officers or other school officials also are authorized to
file complaints against any employer found violating the provisions of
this Act in case no complaints for such violations are pending; and when
such complaints are filed by truant officers or other school officials
the State's attorneys of this state shall appear for the people, and
attend to the prosecution of such complaints. The Department of Labor shall
conduct hearings in accordance with "The Illinois Administrative Procedure
Act", approved September 22, 1975, as amended, upon written complaint by
an investigator of the Department of Labor, truant officer or other school
official, or any interested person of a violation of the Act or to revoke
any certificate under this Act. After such hearing, if supported by the
evidence, the Department of Labor may issue and cause to be served on any
party an order to cease and desist from violation of the Act, take such
further affirmative or other action as deemed reasonable to eliminate the
effect of the violation, and may revoke any certificate issued under the
Act and determine the amount of any civil penalty allowed by the Act. The Department may serve such orders by certified mail or by sending a copy by email to an email address previously designated by the party for purposes of receiving notice under this Act. An email address provided by the party in the course of the administrative proceeding shall not be used in any subsequent proceedings, unless the party designates that email address for the subsequent proceeding. The
Director of Labor or his authorized representative may compel by subpoena,
the attendance and testimony of witnesses and the production of books,
payrolls, records, papers and other evidence in any investigation or
hearing and may administer oaths to witnesses.
(Source: P.A. 103-201, eff. 1-1-24.)
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