Ill. Admin. Code tit. 80 § 1220.80

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1220.80 - Compliance Procedures

a) Whenever it is determined that an unfair labor practice has been committed, a copy of the Board's decision and order, or a copy of the Administrative Law Judge's (ALJ's) recommended decision and order in cases in which the Board has declined to review the ALJ's recommended decision and order, shall be sent to the compliance officer who shall be responsible for monitoring the respondent's compliance with the order. Following an investigation, the compliance officer may order that the parties take certain actions or he or she may set the matter for a compliance hearing.

b) Parties may request that the Board seek enforcement of the Board's order pursuant to Section 11(f) of the Act. Requests shall be in the form of a petition for enforcement filed with the Board and served upon the other parties. The petition shall set forth specifically the manner in which the respondent has failed to voluntarily comply with the Board's order, or ALJ's recommended order in cases in which the Board has declined to review the ALJ's order.

c) The compliance officer shall investigate the information in the petition and shall issue and serve upon the parties, no later than 75 days after the filing of the petition, an order dismissing the petition, directing specifically the actions to be taken by the respondent, or setting the matter for hearing before an ALJ.

d) If a party fails or refuses to respond to a compliance officer's request for information, the compliance officer shall make the determinations based on the evidence presented.

e) No later than 7 days after service of the compliance officer's order dismissing the petition or directing action by the respondent, the parties may file objections to the compliance order. The objections shall:

1) set forth specifically the finding, order or omission to which the objection is taken; and

2) set forth specifically the grounds for the objection, and be accompanied by any available supporting documentation, specific calculations and requests for subpoenas.

f) Any objection to a finding, order or omission not specifically urged shall be deemed waived. In the event that objections are filed by any party, the Board shall set the matter for hearing before an ALJ.

g) Parties may appeal the ALJ's recommended compliance decision and order in accordance with 80 Ill. Adm. Code 1200.135.

h)An aggrieved party may apply to the Appellate Court for a stay of the enforcement of the Board's order after the aggrieved party has followed the procedure prescribed by Supreme Court Rule 335. (Section 11(e))

1) Pursuant to Supreme Court Rule 335(g), "application for a stay of a decision or order of an agency pending direct review in the Appellate Court shall ordinarily be made in the first instance to the agency."

2) Applications for a stay of a decision or order issued by the Board shall be made by motion filed with the General Counsel pursuant to 80 Ill. Adm. Code 1200.45, for consideration and ruling by the Board.

Ill. Admin. Code tit. 80, § 1220.80

Amended at 27 Ill. Reg. 7436, effective May 1, 2003

Amended at 45 Ill. Reg. 1880, effective 2/1/2021