Ill. Admin. Code tit. 56, § 300.1160 - Notice and Appeal of Department's Order
a) Following the entry of a final order, the
Department will send written notice of its order to the parties by regular U.S.
mail, or via email to an email address previously designated by the party for
purposes of receiving communications under this Act, setting forth the amount
of the judgment, if any, including all damages, administrative fees, and
penalties, as well as the parties' appeal rights. Service shall be presumed to
be accomplished upon mailing or emailing.
b) A party may file a motion to reconsider
with the Department within 15 days after the Department's order and the motion
will only be considered by the Department for procedural issues. A motion to
reconsider should be sent to the Department's Chicago office, 160 N. LaSalle,
C-1300, Chicago IL 60601. The Department will issue a written decision on any
motions to reconsider and serve that decision on all parties via regular US
mail or via email to an email address previously designated by the party for
purposes of receiving communications under this Act. No further appeal process
or administrative remedies may be sought at the Department level.
c) Any party may appeal the Department's
order or dismissal to the circuit court within 35 days under the provisions of
the Administrative Review Law [735 ILCS 5/Art. III ]. If a motion to reconsider
is filed with the Department, the time period to appeal to the circuit court
will begin when the Department issues its written decision on any motion to
reconsider via regular US mail or via email to an email address previously
designated by the party for purposes of receiving communications under this
Act.
d) If a party seeks judicial
review of a Department order or dismissal, that party will pay the actual cost
to the Department of preparing the administrative record and filing the record
in court. Payment must be made by certified check, cashier's check, or money
order, made payable to the Illinois Department of Labor or using the State
Treasurer's E-Pay program or any successor program.
e) Actions for judicial review shall be filed
where the hearing proceeding took place, which is either the circuit court of
Cook County or Sangamon County.
f)
The order of the Department will become final and enforceable if no appeals are
filed within 35 days after the Department's order or after all appeals are
exhausted.
Notes
Added at 35 Ill. Reg. 12933, effective July 20, 2011
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