Sec. 70. Penalties.
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Sec. 70. Penalties.
(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 of not less than $100 and not more than $18,000 for violations found in the first audit by the Department or determined by a court in a civil action brought by an interested party, or determined by a court in a civil action brought by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act. Following a first audit or civil action, a day and temporary labor service agency or third party client shall be subject to a civil penalty of not less than $250 and not more than $7,500 for each repeat violation found by the Department or circuit court 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 or circuit court 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 or circuit court 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, including the Attorney
General pursuant to its authority under Section 6.3 of the Attorney General Act, 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.