Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 353 - WHISTLEBLOWER PROTECTION
Subpart C - ADMINISTRATION AND ENFORCEMENT
Section 353.320 - Issuance of Decision

a) The Director shall make findings of fact, including whether a violation of Section 11b(a) of the Act occurred. The Director shall issue his/her findings in a decision by certified mail to the parties.

b) If the Director finds that a violation did not occur, s/he shall issue a decision denying the application. The decision shall advise the Complainant that the findings of fact shall become the final order of the Director denying the application unless, within 15 days of its receipt, the Complainant files a request for a hearing on the application with the Director at the Department's Chicago office.

c) If the Director finds that a violation has occurred, s/he shall issue a decision incorporating his/her findings and requiring the Respondent to take such affirmative action to remedy the conduct as the Director deems appropriate. The decision shall advise the Respondent that the findings of fact shall become the final order of the Director unless, within 15 days after its receipt, the Respondent files a request for a hearing on the application with the Director at the Department's Chicago office.

d) The Director may, in his/her discretion, make a determination of no finding. The parties and the Director shall be in joint agreement that such finding is appropriate to the investigation and may be made to promote the effective resolution of the review requested.

e) Filing requirements shall be construed to mean the Director's receipt of the request. The party requesting a hearing shall file by telephone facsimile, telegram, hand delivery, or next-day delivery service. Proof that the filing was dispatched by the prescribed date shall be prima facie proof that the filing was timely received.