Section 260.220  Complaints by Interested Parties

a)         Before an interested party may initiate a civil action in the county where an alleged violation of the Act occurred or where any party to the civil action resides, the following sequence of events must occur: [820 ILCS 175/67]

1)         The interested party shall file a complaint with the Department, within three years of the alleged violation, describing the violation and naming the day and temporary labor service agency or third party client alleged to have violated the Act. [820 ILCS 175/67]

2)         In response to the complaint filed by an interested party that alleges a violation of the Act, the Department shall send a notice of complaint to the named party or parties indicating that any named party may contest or cure the allegations in the complaint within 30 calendar days of service of the notice of complaint. [820 ILCS 175/67] Service may be made according to the requirements contained in Section 260.630.

3)         The named parties may, within 30 calendar days of receiving the notice from the Department, respond in writing indicating if they will contest the alleged violations or will cure the alleged violations.

4)         If the named parties do not respond to the notice of complaint within 30 calendar days, then the Department shall issue a Right to Sue letter to the interested party.  [820 ILCS 175/67]

b)         In addition to subsection (a), the Department shall issue a Right to Sue letter if the Director determines one of the following is true:

1)         The complaint or allegations are unjustified;

2)         The Department does not have jurisdiction;

3)         The Department will not exercise its jurisdiction;

4)         The administrative enforcement proceeding has concluded; or

5)         The named parties have cured the alleged violations.  (See 820 ILCS 175/67.)

c)         An interested party may initiate a civil action 180 calendar days after service of the notice of complaint to the parties if any of the following circumstances exist:

1)         The Department has not resolved the contested complaint;

2)         The parties have not come to a mutual agreement to extend the time period to cure the complaint pursuant to subsection (d); or

3)         The Department has not issued a Right to Sue letter.  [820 ILCS 175/67]

d)         The Parties may extend the 180-day period by mutual agreement. The limitations period for the interested party to bring an action for the alleged violation of the Act shall be tolled for the 180-day period or any mutually agreed extensions of such time period. [820 ILCS 175/67]

e)         If the Department issues a Right to Sue Letter, the Department may still conduct an investigation on matters not specifically identified in the complaint against the named party.

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