a) If the Department determines that an applicant who has received a credit under the Act is not complying with the requirements or provisions of the Act, the Director shall provide notice to the applicant of the alleged noncompliance, and allow the applicant 35 days to request a hearing under the provisions of the Illinois Administrative Procedure Act [5 ILCS 100]. If, after notice and any hearing, the Director determines that a noncompliance exists, the Director shall issue to the Department of Revenue notice to that effect, stating the noncompliance date for each credit claimed. Alleged noncompliance shall include:

1. 1) Demonstration that the taxpayer failed materially to comply with the Act.
2. 2) Demonstration that the taxpayer failed to retain any new employee hired or claimed to have been hired during the incentive period.