50 Ill. Adm. Code 2915.10
Notice of Non-Compliance
Section 2915.10 Notice of
Non-Compliance
a) The
Insurance Compliance Division of the Illinois Department of Insurance
(“Department”) shall issue a Notice of Non-Compliance (“Notice”) to any
employer that the Department believes has failed to comply with the provisions
of the Workers’ Compensation Act [820 ILCS 305] only when the Department has
obtained information indicating that the employer has been non-compliant for
more than 30 days, that the non-compliance may be willful, or that a worker was
injured during a time when the employer was non-compliant. The notice will be
served on the employer at the employer's last known address or to the
employer's representative. The notice will be accompanied by a certificate of
service on the employer, setting forth the time and manner of service.
b) The
Notice of Non-Compliance will be a written statement setting forth, but not
limited to, the following information:
1) the
name and address of the employer;
2) a
statement of the Section of the statute alleged to be violated, the periods of alleged
non-compliance and the penalty that may be imposed;
3) a
statement that the employer must submit evidence of compliance or otherwise
respond within 30 days after the date of receipt of the notice. Examples of
evidence of compliance are:
A) a copy
of the policy information page required to be filed under 50 Ill. Adm. Code
9100.20 that indicates coverage for the periods of alleged non-compliance;
B) a
self-insurance certificate of approval covering the periods of alleged
non-compliance;
C) a copy
of a pooling agreement showing membership in a licensed group workers'
compensation pool authorized by the Department during the alleged periods of
non-compliance; and
4) a
statement that failure to respond to the Notice of Non-Compliance within the
prescribed time period shall cause the Workers’ Compensation Commission to set
this matter for hearing in accordance with 50 Ill. Adm. Code 9100.90(c).
c) Informal
Conference
1) When
a Notice of Non-Compliance has been sent, the Department shall, at the request
of the employer or its attorney, or may on its own initiative, schedule the
matter for an informal conference at which a designated representative of the
Department shall meet with the employer in an attempt to resolve the matter.
2) A
request by the employer or its attorney for an informal conference must be
received by the Department within 15 days after the receipt of the Notice of
Non-Compliance.
3) The
Department shall send written notice to the employer or its attorney at least 7
days prior to the scheduled conference.
4) The
conference shall be held at a site designated by the Department.
5) If the matter cannot be resolved at the conference, the
Workers’ Compensation Commission will set the matter for hearing in accordance
with 50 Ill. Adm. Code 9100.90(c).