(a) A day and temporary labor service agency or third party client that violates any
of the provisions of this Act or any rule adopted under this Act shall be subject
to a civil penalty not to exceed $6,000 for violations found in the first audit by
the Department. Following a first audit, a day and temporary labor service agency or third party
client shall be subject to a civil penalty not to exceed $2,500 for each repeat violation
found by the Department within 3 years. For purposes of this subsection, each violation of this Act for each day or temporary
laborer and for each day the violation continues shall constitute a separate and distinct
violation. In determining the amount of a penalty, the Director shall consider the appropriateness
of the penalty to the day and temporary labor service agency or third party client
charged, upon the determination of the gravity of the violations. For any violation determined by the Department to be willful which is within 3 years
of an earlier violation, the Department may revoke the registration of the violator,
if the violator is a day and temporary labor service agency. The amount of the penalty, when finally determined, may be:
(1) Recovered in a civil action brought by the Director of Labor in any circuit court. In this litigation, the Director of Labor shall be represented by the Attorney General.
(2) Ordered by the court, in an action brought by any party for a violation under
this Act, to be paid to the Director of Labor.
(b) The Department shall adopt rules for violation hearings and penalties for violations
of this Act or the Department's rules in conjunction with the penalties set forth
in this Act.
Any administrative determination by the Department as to the amount of each penalty
shall be final unless reviewed as provided in Section 60 of this Act.
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