Illinois Administrative Code

Section 2600.10 Legislative Base a) Federal Allocation to the State 1) On October 13, 1982, Congress passed into law the Job Training Partnership Act (29 U.S.C. 1501, December 31, 1982), Public Law 97-300 as amended, by Public Law 97-404. The Act establishes five titles, and amen…

Section 2600.20 Definitions The State shall adopt the following definitions for the terms listed as follows: "Acquisition Cost of Purchased Nonexpendable Personal Property" – The net invoice unit price of the property, including the cost of modifications, attachments, accessories…

Section 2600.30 Illinois Job Training Coordinating Council The State Job Training Coordinating Council shall be established pursuant to Section 122 of the Act and the Illinois Job Training Coordinating Council Act (Ill. Rev. Stat. 1987 and 1988 Supp., ch. 48, pars. 2101 et seq.).…

Section 2600.40 Local Service Delivery System a) Designation of Service Delivery Areas – The Department on behalf of the Governor may initiate an application process for local elected officials on behalf of units of general local government to request designation as a SDA under t…

Section 2600.50 Sanctions Policy In accordance with 56 Ill. Adm. Code 2630.122, the Department is held responsible for all funds under the Act. In order to carry out this responsibility, the Department shall provide for sanctions when grantees fail to comply with applicable laws,…

Section 2600.60 Governor's Coordination and Special Services Plan Pursuant to Section 121 of the Act, the Department shall periodically submit to the Secretary a Governor's Coordination and Special Services Plan. Pursuant to 20 CFR 627.2 (1983) the plan shall be submitted to the …

Section 2600.70 Oversight and Management of Labor Market Information Programs a) In accordance with the requirements of Section 125 of the Act, the Office of the Governor shall function as the oversight and management unit for the statewide labor market and occupational supply an…

Section 2600.80 Labor Standards a) All JTPA programs operated in the State shall be conducted in compliance with Section 143 of the Act. b) JTPA grant funds shall not be used by the grantee for the period during which a strike or lockout is in effect. Any JTPA funds provided to a…

Section 2605.10 Authority This Part is issued pursuant to Section 5-10(a)(i) and Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/5-10].

Section 2605.100 Computing Time Limits a) Computation of any period of time prescribed by this Part shall begin with the first business day following the day on which the act, event, or development initiating that period of time occurs, and shall run until the end of the last day…

Section 2605.110 Form of Documents a) All documents submitted pursuant to an Administrative Hearing shall be typewritten, on 8½ by 11 inch white paper. The first page of each document shall set forth the names of the parties and the Hearing Number assigned to the case by the Depa…

Section 2605.120 Service a) Service of all documents after a Petition for Hearing or Notice of Charges has been initiated shall be made by personal delivery upon all parties, or U.S. mail, properly addressed, with postage prepaid, unless otherwise required in this Part. Proof of …

Section 2605.130 Amendment, Voluntary Dismissal or Withdrawal of a Petition for Hearing or Notice of Charges a) A Notice of Charges may be amended at any time. An amended Notice of Charges may be filed in the same manner as a Notice of Charges, or it may be presented to the Heari…

Section 2605.140 Failure to Properly Initiate an Administrative Hearing The Department may move to dismiss any Petition for Hearing that does not comply with this Part. The Hearing Officer shall state the basis upon which any Petition for Hearing is rejected and shall grant the p…

Section 2605.150 Waiver of Issues Any issues that are not specifically, directly or implicitly addressed in the Petition for Hearing will be irrevocably waived in any Administrative Hearing conducted by the Department. (Source: Amended at 43 Ill. Reg. 4056, effective March 19, 20…

Section 2605.160 Sanctions Upon motion, any document that is submitted and subsequently determined by the Hearing Officer to be without basis, untrue, or made for the purpose of delay or harassment shall subject the party submitting it to sanctions, including, but not limited to,…

Section 2605.170 Notice of Hearing a) After receipt by the Department of a properly submitted Petition for Hearing, or in conjunction with a Notice of Charges, a Notice of Hearing shall be served, personally or by certified or registered mail, return receipt requested, by the Dep…

Section 2605.180 Requirement of an Answer a) In all contested cases initiated by a Notice of Charges, the Respondent shall file an answer within 28 days after the date on which the Notice of Charges was served. The answer shall be in writing, signed by the Respondent and shall co…

Section 2605.190 Consolidation and Severance of Parties and Cases In the interest of efficient disposition of the Administrative Hearing and upon motion of any party or sua sponte, the Hearing Officer may consolidate or sever any parties or cases. A party may contest the Hearing …

Section 2605.20 Applicability a) This Part shall apply to all Administrative Hearings conducted by the Illinois Department of Commerce and Economic Opportunity that are not specifically provided for under any other Section of the Civil Administrative Code of Illinois or other Pro…

Section 2605.200 Hearing Officer In any Administrative Hearing, the Department Director or Director's designee shall appoint or retain an impartial or independent person as a Hearing Officer to conduct the Administrative Hearing. The Hearing Officer shall meet the following stand…

Section 2605.210 Hearing Officer Duties a) The Hearing Officer shall: 1) Conduct a fair and impartial Administrative Hearing; and 2) Take all necessary action to avoid delay, maintain order, and insure development of a clear and complete record. b) The Hearing Officer shall have …

Section 2605.220 Recusal of Hearing Officer a) Any party may file a timely and sufficient motion, supported by affidavit, requesting that the Hearing Officer recuse himself or herself from hearing the case. The affidavit shall set forth allegations of personal bias or prejudice o…

Section 2605.230 Ex Parte Communication a) Once appointed or retained, the Hearing Officer shall not communicate directly or indirectly with any party or any person interested in the outcome of the proceeding, with respect to the merits of any case not concluded, except upon noti…

Section 2605.240 Representation and Appearance a) Only attorneys licensed to practice law in Illinois may represent any other individuals or entities in an Administrative Hearing proceeding before the Department. Any party may be represented by an attorney, provided that the atto…

Section 2605.250 Intervenors (Repealed) (Source: Repealed at 43 Ill. Reg. 4056, effective March 19, 2019)

Section 2605.260 Motions a) Motions, unless made during a Hearing, shall be in writing, shall specify the relief and/or order sought, and shall be served on all parties and filed with the Department. Motions are limited to the following: 1) To request dismissal of a Petition for …

Section 2605.270 Discovery a) Discovery shall only commence after a preliminary Hearing. Discovery shall not be the subject of motions presented to the Hearing Officer, except when a motion is made alleging failure to comply with this Section and requesting relief in the form of …

Section 2605.280 Case Management and Prehearing Conferences a) Upon motion by the Hearing Officer or any party, the Hearing Officer may direct the parties to attend a case management conference or prehearing conference at a mutually convenient time and place prior to the Administ…

Section 2605.290 Hearings a) All Hearings shall be conducted by the Department at one of its locations as determined by the Department, unless otherwise agreed to by the parties and the Hearing Officer. The parties may stipulate to conducting case management Hearings, prehearings…

Section 2605.300 Postponement or Continuance of Hearing Upon motion by a party or the Hearing Officer, a hearing may be postponed or continued for just cause. Written notice of any postponement or continuance shall be given to all parties within a reasonable time in advance of th…

Section 2605.310 Failure to Appear Any party failing to appear at a Hearing shall waive its right to present evidence. If the Hearing Officer determines that proper notice was given, the Hearing Officer shall grant affirmative relief to the party appearing or enter an order dismi…

Section 2605.320 Burden of Proof The burden of proof, which includes both the burden of production and the burden of persuasion, rests with the Petitioner in all cases initiated by the filing of a Petition for Hearing, and with the Department in all cases initiated by the filing …

Section 2605.330 Standard of Proof Unless otherwise provided by law, the standard of proof for an Administrative Hearing under this Part shall be the preponderance of the evidence. [5 ILCS 100/10-15]

Section 2605.340 Evidence a) Except as otherwise provided in this Section, the rules of evidence and privilege applicable to all contested cases will be the rules of evidence that are applied in civil cases in the circuit courts of the State of Illinois. In addition, the Hearing …

Section 2605.350 Business Records a) The rules admitting business records will be the same as those contained in Rule 236 of the Illinois Supreme Court Rules. b) Any party seeking to admit documents other than the originals may do so, provided the party certifies that the copy is…

Section 2605.360 Witness Testimony a) The Hearing Officer may exercise reasonable control over the form of examination and order of witnesses so as to make the examination effective for gathering the facts, avoiding delay, and protecting witnesses from harassment or undue embarra…

Section 2605.370 Adverse Witness a) Any party or witness may be called as an adverse witness. Examination of the adverse witness shall be allowed as if under cross-examination. b) A witness called in good faith whose testimony surprises the party who called the witness may examin…

Section 2605.380 Record of Hearing A record of the Hearing may be made by audio recording or by a transcription by an official court reporter engaged by the Department. The Department will not provide copies of a transcript to the parties, but the parties may obtain copies from t…

Section 2605.390 Administrative Record a) A full and complete record shall be kept of all proceedings. The record shall consist of the following: 1) All pleadings (including, but not limited to, the Petition for Hearing or Notice of Charges and any answers); 2) Motions, briefs, a…

Section 2605.40 Definitions "IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100]. "Administrative Hearing" or "Hearing" means the adjudicatory proceeding used to resolve a contested case. "Agency" shall have the meaning ascribed to it in Section 1-20 of the IAPA. "…

Section 2605.400 Proposal for Decision Except where otherwise expressly provided by law, when in a contested case a majority of the officials of the Department who are to render the Final Decision has not heard the case or read the record, the Final Decision, if adverse to a part…

Section 2605.410 Final Decision a) The Final Decision in a contested case shall be in writing and shall become a part of the Administrative Record. A Final Decision shall include Findings of Fact and Conclusions of Law, separately stated. Findings of Fact, if set forth in statuto…

Section 2605.420 Administrative Review Final administrative decisions of the Department are subject to review under the provisions of the Administrative Review Law [735 ILCS 5/Art. III]. (Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)

Section 2605.430 Severability If any Section, subdivision, sentence, or clause of this Part is held by a court of competent jurisdiction to be invalid, that holding shall not affect the remaining provisions of this Part. (Source: Added at 43 Ill. Reg. 4056, effective March 19, 20…

Section 2605.50 Modifications The Hearing Officer may modify this Part upon the written stipulation of the parties. (Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)

Section 2605.60 What May Be Reviewed in an Administrative Hearing Subject to Section 2605.70, any finding or decision of the Department may be reviewed in an Administrative Hearing when a Statute or Program Rule provides for it. (Source: Amended at 43 Ill. Reg. 4056, effective Ma…

Section 2605.70 What May Not Be Reviewed in an Administrative Hearing The following may not be reviewed in an Administrative Hearing, unless otherwise permitted by a Statute or Program Rule: a) Rulemaking as set forth in Sections 5-35, 5-40, 5-45, and 5-50 of the IAPA; b) Instanc…

Section 2605.80 Procedure for Initiating an Administrative Hearing a) An Administrative Hearing is initiated by an individual or entity with standing to seek such an Administrative Hearing serving a Petition for Hearing on the Department, or by the Department serving a Notice of …

Section 2605.90 Department Hours The Department's hours are from 8:30 a.m. to 5:00 p.m., Monday through Friday, except for national and/or State legal holidays.