§320.500. Dismissal

a)         The Department shall serve upon the parties a written notice of dismissal of all or parts of a complaint.  The dismissal notice shall state the grounds for dismissal and advise the parties of the right to seek review by filing a written request within 15 calendar days after the date of the dismissal notice pursuant to Section 320.600.  The dismissal notice shall also advise the parties of the right to bring a private action within 5 years from the date of the underpayment.

 

b)         The dismissal may be based on, but not limited to, lack of reasonable cause that a violation under the Act occurred, lack of jurisdiction or complainant's failure to proceed pursuant to Section 320.310(c).  The notice of dismissal shall specify the manner in which the complainant has failed to proceed.

 

(Source:  Amended at 34 Ill. Reg. 19552, effective December 3, 2010)