(820 ILCS 205/1) (from Ch. 48,
par. 31.1)
Sec. 1. No minor under 16 years
of age, except minors 14 or 15 years of age who are participating
in federally funded work experience career education programs under
the direction of the State Board of Education, at any time shall
be employed, permitted or allowed to work in any gainful occupation
in connection with any theater, concert hall or place of amusement,
or any mercantile institution, store, office, hotel, laundry, manufacturing
establishment, mill, cannery, factory or workshop, restaurant,
lunchroom, beauty parlor, barber shop, bakery, or coal, brick or
lumber yard, or in any type of construction work within this State;
however, minors between 14 and 16 years of age may be employed,
permitted, or allowed to work outside school hours and during school
vacations but not in dangerous or hazardous factory work or in
any occupation otherwise prohibited by law or by order or regulation
made in pursuance of law. No minor under 12 years of age, except
members of the farmer's own family who live with the farmer at
his principal place of residence, at any time shall be employed,
permitted or allowed to work in any gainful occupation in connection
with agriculture, except that any minor of 10 years of age or more
may be permitted to work in a gainful occupation in connection
with agriculture during school vacations or outside of school hours.
(Source: P.A. 91-357, eff. 7-29-99.)
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(820 ILCS 205/2) (from Ch. 48,
par. 31.2)
Sec. 2. Nothing in this Act applies
to the work of a minor engaged in agricultural pursuits
except for those persons restricted from working in a gainful
occupation in connection with agriculture in Section 1
or in the sale and distribution of magazines and newspapers
at hours when the schools of the district are not in session.
Nothing in this Act applies to the employment of a minor
outside school hours in and around a home at work usual
to the home of the employer so long as that work is not
in connection with or a part of the business, trade or
profession of the employer.
Nothing in this Act applies to
the work of a minor in caddying at a golf course who is 13 or
more years of age.
Nothing in Section 9 of this Act
applies to a minor, 14 or 15 years of age, during that part of
the year from May 1 through September 30, in an occupational,
vocational, or educational program funded by the Job Training
Partnership Act.
(Source: P.A. 87-903.)
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(820 ILCS 205/2.5)
Sec. 2.5. Officiating youth activities.
Nothing in this Act prohibits a minor who is 12 or 13 years of
age from officiating youth sports activities for a not-for-profit
youth club, park district, or municipal parks and recreation
department if each of the following restrictions is met:
(1) The
parent or guardian of the minor who is
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officiating or an adult designated by
the parent or guardian shall be responsible
for being present at the youth sports activity
while the minor is officiating. Failure of
the parent or guardian or designated adult
to be present may result in the revocation
of the employment certificate.
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(2)
The employer must obtain certification as
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provided for in Section 9 of this Act.
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(3)
The minor may work as a sports official for a
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maximum of 3 hours per day on school
days and a maximum of 4 hours per day on non-school
days, may not exceed 10 hours of officiating
in any week, and may not work later than 9 p.m.
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(4)
The participants in the youth sports activity
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must be at least 3 years younger than
the officiating minor, or an adult must be
officiating the same youth sports activity.
For the purposes of this subdivision (4), "adult" means
an individual 16 years of age or older.
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(Source: P.A. 92-592, eff. 6-27-02;
93-720, eff. 7-13-04.)
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(820 ILCS 205/3) (from Ch. 48,
par. 31.3)
Sec. 3. Except as hereinafter provided,
no minor under 16 years of age shall be employed, permitted,
or allowed to work in any gainful occupation mentioned
in Section 1 of this Act for more than 6 consecutive days
in any one week, or more than 48 hours in any one week,
or more than 8 hours in any one day, or be so employed,
permitted or allowed to work between 7 p.m. and 7 a.m.
from Labor Day until June 1 or between 9 p.m. and 7 a.m.
from June 1 until Labor Day.
The hours of work of minors under
the age of 16 years employed outside of school hours shall not
exceed 3 a day on days when school is in session, nor shall the
combined hours of work outside and in school exceed a total of
8 a day; except that a minor under the age of 16 may work both
Saturday and Sunday for not more than 8 hours each day if the
following conditions are met: (1) the minor does not work outside
school more than 6 consecutive days in any one week, and (2)
the number of hours worked by the minor outside school in any
week does not exceed 24.
A minor 14 or more years of age
who is employed in a recreational or educational activity by
a park district, not-for-profit youth club, or municipal
parks and recreation department while school is in session may
work up to 3 hours per school day twice a week no later than
9 p.m. if the number of hours worked by the minor outside school
in any week does not exceed 24 or between 10 p.m. and 7 a.m.
during that school district's summer vacation, or if the school
district operates on a 12 month basis, the period during which
school is not in session for the minor.
(Source: P.A. 92-592, eff. 6-27-02.)
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(820 ILCS 205/4) (from Ch. 48,
par. 31.4)
Sec. 4. No minor under sixteen
(16) years of age shall be employed, or permitted to work
in any gainful occupations mentioned in Section 1 of this
Act for more than five (5) hours continuously without an
interval of at least thirty (30) minutes for meal period,
and no period of less than thirty (30) minutes shall be
deemed to interrupt a continuous period of work.
(Source: Laws 1945, p. 754.)
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(820 ILCS 205/5) (from Ch. 48,
par. 31.5)
Sec. 5. Every employer covered
by this Act shall post in a conspicuous place where minors
under 16 years of age are employed, or allowed to work,
a printed abstract of this Act and a list of the occupations
prohibited to such minors, to be furnished by the Department
of Labor. Such employers shall post in a conspicuous place
where minors under 16 years of age are employed, or allowed
to work a printed notice stating the hours of commencing
and stopping work, the hours when the time or times allowed
for dinner or other meals, begin and end, and the Department's
toll free telephone number established under Section 17.4.
The printed form of such notice shall be furnished by the
Department of Labor.
(Source: P.A. 88-365.)
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(820 ILCS 205/6) (from Ch. 48,
par. 31.6)
Sec. 6. It shall be the duty of
every employer of minors between the ages of 14 and 16
years employed for or in connection with any gainful occupation
mentioned in Section 1 to keep a register upon the premises
where the work is being done on which register shall be
recorded the name, age and place of residence of every
minor between the ages of 14 and 16 years. It shall be
unlawful for any person, firm or corporation to hire or
employ or to permit or allow to work in or for or in connection
with any of the gainful occupations mentioned in Section
1, any minor between the ages of 14 and 16 years unless
there is first procured and placed on file on the premises
where the work is being done, employment certificates issued
as hereinafter provided and accessible to the authorized
officers and employees of the Department of Labor, and
to the truant officers and other school officials charged
with the enforcement of the compulsory education law.
(Source: P.A. 84-551.)
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(820 ILCS 205/7) (from Ch. 48,
par. 31.7)
Sec. 7. No minor under 16 years
of age shall be employed, permitted or allowed to work:
1. In, about or in connection with
any public messenger or delivery service, bowling alley, pool
room, billiard room, skating rink, exhibition park or place of
amusement, garage, or as a bell-boy in any hotel or rooming
house or about or in connection with power-driven machinery;
except this subsection shall not apply to ice skating rinks owned
and operated by a school or unit of local government;
2. In the oiling, cleaning or wiping
of machinery or shafting;
3. In or about any mine or quarry;
provided that office and messenger and other non-hazardous
employment shall not be prohibited by this Act;
4. In stone cutting or polishing;
5. In or about any hazardous factory
work;
6. In or about any plant manufacturing
explosives or articles containing explosive components, or in
the use or transportation of same; provided that office and messenger
and other non-hazardous employment shall not be prohibited
by this Act;
7. In or about plants manufacturing
iron or steel, ore reduction works, smelters, foundries, forging
shops, hot rolling mills or any other place in which the heating,
melting, or heat treatment of metals is carried on; provided
that office and messenger and other non-hazardous employment
shall not be prohibited by this Act;
8. In the operation of machinery
used in the cold rolling of heavy metal stock, or in the operation
of power-driven punching, shearing, stamping, or metal
plate bending machines;
9. In or about sawmills or lath,
shingle, or cooperage-stock mills; provided that office
and messenger and other non-hazardous employment shall
not be prohibited by this Act;
10. In the operation of power-driven
woodworking machines, or off-bearing from circular saws;
11. In the operation of freight
elevators or hoisting machines and cranes;
12. In spray painting or in occupations
involving exposure to lead or its compounds or to dangerous or
poisonous dyes or chemicals;
13. In any place or establishment
in which intoxicating alcoholic liquors are served or sold for
consumption on the premises, or in which such liquors are manufactured
or bottled, except as follows:
(A) bus-boy
and kitchen employment, not otherwise
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prohibited, when in connection with
the service of meals at any private club, fraternal
organization or veteran's organization shall
not be prohibited by this subsection;
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(B)
this subsection 13 does not apply to employment
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that is performed on property owned
or operated by a park district, as defined
in subsection (a) of Section 1-3 of the
Park District Code, if the employment is not
otherwise prohibited by law;
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14. In oil refineries,
gasoline blending plants, or pumping stations on oil
transmission lines;
15. In the operation of laundry,
dry cleaning, or dyeing machinery;
16. In occupations involving exposure
to radioactive substances;
17. In or about any filling station
or service station;
18. In construction work, including
demolition and repair;
19. In roofing operations;
20. In excavating operations;
21. In logging operations;
22. In public and private utilities
and related services;
23. In operations in or in connection
with slaughtering, meat packing, poultry processing, and fish and
seafood processing;
24. In operations which involve
working on an elevated surface, with or without use of equipment,
including but not limited to ladders and scaffolds;
25. In security positions or any
occupations that require the use or carrying of a firearm or other
weapon; or
26. In occupations which involve
the handling or storage of blood, blood products, body fluids,
or body tissues.
(Source: P.A. 90-410, eff. 1-1-98.)
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(820 ILCS 205/8) (from Ch. 48,
par. 31.8)
Sec. 8. (a) Notwithstanding the
provisions of this Act, the City or County Superintendent
of Schools, or their duly authorized agents, are authorized
to issue an employment certificate for any minor under
sixteen (16) years of age, said certificate authorizing
and permitting the appearance of such minor in a play or
musical comedy with a professional traveling theatrical
production on the stage of a duly licensed theatre wherein
not more than two performances are given in any one day
and not more than eight performances are given in any one
week, or nine when a holiday occurs during the week, or
in a musical recital or concert: Provided, that such minor
is accompanied by his parent or guardian or by a person
in whose care the parent or guardian has placed the minor
and whose connection with the performance or with the operation
of the theatre in which the minor is to appear is limited
to the care of such minor or of minors appearing therein:
And provided further, that such minor shall not appear
on said stage or in a musical recital or concert, attend
rehearsals, or be present in connection with such appearance
or rehearsals, in the theatre where the play or musical
comedy is produced or in the place where the concert or
recital is given, for more than a total of six (6) hours
in any one day, or on more than six (6) days in any one
week, or for more than a total of twenty-four (24)
hours in any one week, or after the hour of 11 postmeridian;
and provided further, no such minor shall be excused from
attending school except as authorized pursuant to Section
26-1 of the School Code. Application for such certificate
shall be made by the manager of the theatre, or by the
person in the district responsible for the musical recital
or concert, and by the parent or guardian of such minor
to the City or County Superintendent of
Schools or his authorized agent at least fourteen (14)
days in advance of such appearance. The City or County Superintendent of
Schools or his agent may issue a permit if satisfied that
adequate provision has been made for the educational instruction
of such minor, for safeguarding his health and for the
proper moral supervision of such minor, and that proper
rest and dressing room facilities are provided in the theatre
for such minor.
(b) Notwithstanding the provisions
of this Act, the City or Regional Superintendent of Schools,
or their duly authorized agents, are authorized to issue an employment
certificate for any minor under 16 years of age, such certificate
authorizing and permitting the appearance of such minor as a
model or in a motion picture, radio or television production:
Provided, that no such minor shall be excused from attending
school except as authorized pursuant to Section 26-1 of
The School Code. The Department of Labor shall promulgate rules
and regulations to carry out the provisions of this subsection.
Such rules and regulations shall be designed to protect the health
and welfare of child models or actors and to insure that the
conditions under which minors are employed, used or exhibited
will not impair their health, welfare, development or proper
education.
(Source: P.A. 84-436; 84-675.)
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(820 ILCS 205/8.1) (from Ch. 48,
par. 31.8-1)
Sec. 8.1. (a) Notwithstanding the
provisions of this Act, minors under 16 years of age may be employed
as models, or as performers on live or pre-recorded radio
or television, or in motion pictures, or in other entertainment-related
performances, subject to reasonable conditions to be imposed
by rule of the Department of Labor. This Section shall not apply
to employment covered under Section 8 of this Act.
(b) Notwithstanding the provisions
of this Act, an employer who employs a minor under 16 years of
age in a television, motion picture, or related entertainment
production may apply to the Director of Labor, or his or her
authorized representative, for a special waiver from that portion
of Section 3 of this Act that prohibits the employment of a minor
under 16 years of age between 7 p.m. and 7 a.m. from Labor Day
to June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor
Day. An employer applying for the waiver shall submit to the
Director of Labor, or his or her authorized representative, a
completed application on the form that the Director of Labor
provides. The Director of Labor, or his or her authorized representative,
shall issue the waiver if, after investigation, he or she is
satisfied that (i) the employment will not be detrimental to
the health or welfare of the minor, (ii) the minor will be supervised
adequately, and (iii) the education of the minor will not be
neglected. The waiver shall contain signatures that show the
consent of a parent or legal guardian of the minor, the employer,
and an authorized representative of a collective bargaining unit
if a collective bargaining unit represents the minor upon employment.
The Department of Labor shall promulgate and publish all necessary
rules for the enforcement of this Section, in accordance with
the Illinois Administrative Procedure Act, within 60 days after
the effective date of this amendatory Act of 1994.
(Source: P.A. 88-594, eff. 8-26-94.)
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(820 ILCS 205/9) (from Ch. 48,
par. 31.9)
Sec. 9. Except in occupations specifically
exempted by Section 2 and agriculture, no minor under 16
years of age shall be employed, permitted or allowed to
work in any gainful occupation unless the person, firm
or corporation employing such minor procures and keeps
on file an employment certificate.
(Source: P.A. 84-551.)
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(820 ILCS 205/10) (from Ch. 48,
par. 31.10)
Sec. 10. Employment certificates
shall permit employment during the school vacation or outside
of school hours. The employment certificate shall be signed by
the City or County Superintendent of
Schools or their duly authorized agents and shall be in such
a form as to show on its face the information and evidence required
by Section 11 to be filed before the certificate is issued. An
original certificate and 3 copies of the certificate shall be
issued and the person issuing it shall:
(i) mail
the original to the minor's employer,
(ii) send
copies to the State Department of Labor
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and to the minor's parent or legal guardian,
and
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(iii)
retain a copy in his files.
(Source: P.A. 88-365.)
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(820 ILCS 205/11) (from
Ch. 48, par. 31.11)
Sec. 11. The employment certificate
shall be issued by the City or County Superintendent of Schools
or by their duly authorized agents and shall be valid for a period
of one year. The person issuing these certificates shall have
authority to administer the oaths provided for herein, but no
fee shall be charged. It shall be the duty of the school board
or local school authority, to designate a place or places where
certificates shall be issued and recorded, and physical examinations
made without fee, as hereinafter provided, and to establish and
maintain the necessary records and clerical services for carrying
out the provisions of this Act.
The issuing officer shall notify
the principal of the school attended by the minor for whom an
employment certificate for out of school work is issued by him.
The parent or legal guardian of
a minor, or the principal of the school attended by the minor
for whom an employment certificate has been issued may ask for
the revocation of the certificate by petition to the Department
of Labor in writing, stating the reasons he believes that the
employment is interfering with the best physical, intellectual
or moral development of the minor. The Department of Labor shall
thereupon revoke the employment certificate by notice in writing
to the employer of the minor.
(Source: P.A. 88-365.)
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(820 ILCS 205/12) (from
Ch. 48, par. 31.12)
Sec. 12. The person authorized
to issue employment certificates shall issue a certificate only
after examining and approving the written application and other
papers required under this Section. The application shall be
signed by the applicant's parent or legal guardian. The application
shall be submitted in person by the minor desiring employment.
The minor shall be accompanied by his or her parent, guardian,
or custodian. The following papers shall be submitted with the
application:
1. A statement of intention to
employ signed by the prospective employer, or by someone duly
authorized by him, setting forth the specific nature of the occupation
in which he intends to employ such minor and the exact hours
of the day and number of hours per day and days per week during
which the minor shall be employed.
2. Evidence of age showing that
the minor is of the age required by this Act, which evidence
shall be documentary, and shall be required in the order designated,
as follows:
a. a birth
certificate or transcript thereof
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furnished by the State or County or
a signed statement of the recorded date and
place of birth issued by a registrar of vital
records, or other officer charged with the
duty of recording births, such registration
having been completed within 10 years after
the date of birth;
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b.
a certificate of baptism, or transcript thereof,
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duly certified, showing the date of
birth and place of baptism of the child;
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c.
other documentary proof of age (other than a
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school record or an affidavit of age)
such as a bona fide record of the date and
place of the child's birth, kept in the Bible
in which the records of births, marriages and
deaths in the family of the child are preserved;
a certificate of confirmation or other church
ceremony at least one year old, showing the
age of the child and the date and place of
the confirmation or ceremony; or a certificate
of arrival in the United States, issued by
the United States Immigration Officer, showing
the age of the child; or a life insurance policy
at least one year old showing the age of the
child;
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d.
If none of the proofs of age described in items
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a, b and c are obtainable, and only
in that case, the issuing officer may accept
a certificate signed by a physician, who shall
be a public health officer or a public school
physician, stating that he has examined the
child and that in his opinion the child is
at least of the age required by this Act. The
certificate shall show the height and weight
of the child, the condition of the child's
teeth, and any other facts concerning the child's
physical development revealed by the examination
and upon which his opinion as to the child's
age is based, and shall be accompanied by a
school record of age.
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3. A statement
on a form approved by the Department of Labor and signed
by the principal of the school that the minor attends,
or during school holidays when the principal is not
available, then by the regional superintendent of schools
or by a person designated by him for that purpose,
showing the minor's name, address, social security
number, grade last completed, and the names of his
parents, provided that the statement shall be required
only in the case of a minor who is employed on school
days outside school hours, or on Saturdays or other
school holidays during the school term.
4. A statement of physical fitness
signed by a public health or public school physician who has examined
the minor, certifying that the minor is physically fit to be employed
in all legal occupations or to be employed in legal occupations
under limitations specified. If the statement of physical fitness
is limited, the employment certificate issued thereon shall state
clearly the limitations upon its use, and shall be valid only when
used under the limitations so stated.
In any case where the physician
deems it advisable he may issue a certificate of physical fitness
for a specified period of time, at the expiration of which the
person for whom it was issued shall appear and be re-examined
before being permitted to continue work.
Examinations shall be made in accordance
with the standards and procedures prescribed by the State Director
of the Department of Labor, in consultation with the State Director
of the Department of Public Health and the State Superintendent
of Education, and shall be recorded on a form furnished by the
Department of Labor. When made by public health or public school
physicians, the examination shall be made without charge to the
minor. In case a public health or public school physician is not
available, a statement from a private physician who has examined
the minor may be accepted, provided that the examination is made
in accordance with the standards and procedures established by
the Department of Labor.
If the issuing officer refuses
to issue a certificate to a minor, the issuing officer shall send
to the principal of the school last attended by the minor the name
and address of the minor and the reason for the refusal to issue
the certificate.
(Source: P.A. 87-895; 88-365.)
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(820 ILCS 205/13) (from
Ch. 48, par. 31.13)
Sec. 13.
Every employer, during the period
of employment of a minor under 16 years of age, shall keep on
file at the place of employment an employment certificate issued
for such minor. Any employer, upon termination of the employment
of such minor, shall immediately return the certificate issued
to the issuing officer. An employment certificate shall be valid
only for the employer for whom issued, and a new certificate
shall not be issued for the employment of a minor under 16 years
of age except on the presentation of a new statement of intention
to employ. The failure of any employer to produce for inspection
such employment certificate for each minor in his establishment
shall be prima facie evidence that the minor is employed without
a certificate.
(Source: P. A. 78-607.)
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(820 ILCS 205/14) (from
Ch. 48, par. 31.14)
Sec. 14. Upon request, the issuing
officer shall issue a certificate of age to any person between
sixteen (16) and twenty (20) years of age upon presentation of
the same proof of age as is required for the issuance of employment
certificates under this Act.
(Source: Laws 1945, p. 754.)
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(820 ILCS 205/15) (from
Ch. 48, par. 31.15)
Sec. 15. Any certificate duly issued
in accordance with this Act shall be prima facie evidence of
the age of the minor for whom issued in any proceeding involving
the employment of the minor under the Child Labor Law of the
State, as to any act occurring subsequent to its issuance, or
until revoked.
(Source: Laws 1945, p. 754.)
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(820 ILCS 205/16) (from
Ch. 48, par. 31.16)
Sec. 16. The Department of Labor
shall make, promulgate and enforce such reasonable rules and
regulations relating to the administration and enforcement of
the provisions of this Act, including the issuance of certificates
authorized under this Act, as may be deemed expedient. The Department
shall promulgate and publish all necessary rules for the enforcement
of this Act, in accordance with the Illinois Administrative Procedure
Act, within 60 days after the effective date of this amendatory
Act of 1991. In order to promote uniformity and efficiency of
issuance, it shall in consultation with the State Superintendent
of Education formulate the forms on which certificates shall
be issued and also forms needed in connection with such issuance,
and it shall supply such forms to the issuing officers. The Department
of Labor, its deputies and inspectors, may suspend any certificate
as an emergency action imperatively required for the public health,
safety and welfare of minors if in their judgment it was improperly
issued or if the minor is illegally employed. If the certificate
is so suspended the employer and all interested parties shall
be notified of such suspension in writing and such minor shall
not thereafter be employed, permitted, or allowed to work until
a final order is issued by the Department of Labor after a hearing
either reinstating or revoking the certificate. The hearing shall
commence within 21 days after the date of any such suspension.
If the certificate is revoked the minor shall not thereafter
be employed, permitted or allowed to work until a new certificate
for the minor's employment has been obtained.
(Source: P.A. 87-139.)
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(820 ILCS 205/17) (from
Ch. 48, par. 31.17)
Sec. 17. It shall be the duty of
the Department of Labor to enforce the provisions of this Act.
The Department of Labor shall
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