§320.330. Decision After Investigation  


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  • a)         At the conclusion of Department of Labor investigation, the Department must make one of the following findings:

     

    1)         Reasonable cause found.  If the Department determines that there is reasonable cause to believe that a violation of the Act has occurred, it may:

     

    A)        Seek a voluntary settlement agreement signed by the respondent that eliminates the unlawful practice and provides appropriate relief to the complainant; or

     

    B)        Recommend the commencement of a civil action.

     

    2)         No reasonable cause found.  If the Department determines that there is no reasonable cause to believe that a violation of the Act has occurred, the complaint will be dismissed pursuant to Section 320.500.

     

    b)         Whenever a decision is made under this Section, a written notice must be provided to the parties stating the Department's findings and any applicable civil penalty assessments pursuant to Section 30(c) of the Act and advise the parties of the right to request review pursuant to Section 320.600.  The notice must also advise the parties of the right to bring a civil action as provided for in Section 30 of the Act.

     

(Source:  Amended at 40 Ill. Reg. 229, effective December 21, 2015)