Section 260.210  Investigation

The Department may initiate an investigation upon receipt of a complaint under Section 260.200 or to otherwise enforce the provisions of the Act or this Part.

a)         The investigation may be made by written or oral inquiry, field visit, conference or any method or combination of methods deemed suitable in the discretion of the Department.  The Director may examine a day and temporary labor agency's books and records, including electronic records, as well as any other documents reasonably related to the investigation, to determine whether a violation of the Act or this Part has occurred.

b)         The Director shall notify all parties of the results of the investigation and shall issue a violation notice when the investigation has established that a violation of the Act or this Part occurred or is occurring.

c)         The Department may, at any time, attempt to resolve the complaint by conference, voluntary mediation, conciliation, or persuasion.

d)         If, after investigation, the Department believes that the Act or this Part has been violated, and the complaint has not been resolved as provided for in subsection c, then the matter shall be referred to an administrative hearing consistent with Section 260.610.

e)         After the hearing, if supported by the evidence, the Department may:

1)         issue and cause to be served on any party an order to cease and desist from further violation of the Act or this Part;

2)         take affirmative or other action as deemed reasonable to eliminate the effect of the violation;

3)         deny, suspend, or revoke any registration under this Act; and

4)         determine the amount of any civil penalty allowed by the Act.

(Source:  Amended at 50 Ill. Reg. 7177, effective April 28, 2026)