Section 2720.1  Definitions

 

All other terms used in this Part shall have the meaning set forth in definitions, Sections 200 through 247 of the Unemployment Insurance Act [820 ILCS 405], unless the context requires otherwise. 

 

"Act" means the Unemployment Insurance Act [820 ILCS 405].

 

"Adjudicator" means the person authorized to make findings, determinations or recoupment decisions relating to a claimant's eligibility for unemployment insurance benefits.

 

"Appeal" means the process of Department or judicial review of a finding, determination or decision.

 

"Appellant" means a party who appeals a Department finding, determination or decision.

 

"Appellee" means a party to a finding, determination or decision appealed by the appellant.

 

"Board" means the Board of Review of the Department of Employment Security.

 

"Call Center" is the modern day equivalent of the local office where claimants and employing units can contact the Department for the resolution of issues involving claims for unemployment insurance benefits.

 

"Certification" means an individual's attestation to facts regarding his or her eligibility for benefits for a particular period.  The Department may provide for certification in person, by telephone, by mail, or through the internet.  In many instances, depending upon the context, the terms "certification" and "certification form" and "claim certification" or the like should be considered synonymous.

 

"Certification Day" means the day of the week designated for a telephone or internet filer to certify for benefits.

 

"Certification Detail Screen" means the record maintained by the Department of the claimant's responses to questions asked during a completed telephone or internet certification, and the date of the claimant's call or internet access to the Department's system with respect to that completed certification.

 

"Claims Series" means a week or series of consecutive weeks for which benefit or waiting week credit is granted.

 

"Claimant" means a person who applies for benefits under the Act.

 

"Claimant Identification Number" means the unique personal identification number the Department assigns to a claimant.  The Department will use the Claimant Identification Number instead of the claimant's Social Security Number on all material it sends to the claimant.

 

"CMS" means the Illinois Department of Central Management Services.

 

"Customary Occupation" means the work in which the individual was last engaged or the occupation for which he or she is best qualified by training, experience, and education.

 

"Decision" means the statement made by a Referee, the Director or the Board of Review with respect to any appeal from a finding or determination relating to rights or obligations under the Act, or a statement by an Adjudicator that an employing unit's protest is insufficient.

 

"Department" means the Illinois Department of Employment Security.

 

"Determination" means an Adjudicator's statement of whether or not a claimant is eligible for benefits or waiting week credit, and the dollar amount of such benefits for each week with respect to which a claim is made [820 ILCS 405/702].

 

"Director's Representative" means an employee of the Department designated by the Director of Employment Security to conduct hearings and to recommend decisions to the Director.

 

"Electronic Data Transmission" is a means by which the Director provides an electronic transfer of the Notice of Claim to Last Employing Unit and Last Employer or other Interested Party to the data center of the Illinois Department of Central Management Services where the transmission can be retrieved by the employing unit (see Section 2720.7).

 

"Employing Unit" shall have the meaning ascribed in Section 204 of the Act.

 

"Filing Date" means the date a document was mailed to or received by the Department, whichever is earlier.

 

"Finding" means a statement by an Adjudicator of the amount of wages for insured work paid to a claimant during each quarter in the claimant's base period by each employer [820 ILCS 405/701].

 

"Full-time Work" is the number of hours a class of workers would customarily work if the employing unit had all the work it could handle without working overtime.  Except when the contrary is provided by a collective bargaining agreement or company policy, full-time work is customarily 40 hours per week.  For example, 37.5 hours per week is full-time work for Illinois State employees because it is so provided by State personnel policy.

 

"Initial Claim" means an application for benefits that, meeting all monetary eligibility requirements, commences a claim series.

 

"Internet Filer" means a claimant who uses the internet to certify.

 

"Local Office" means the office of the Department servicing claimants who live in a specific geographical area.

 

"Mail Filer" means a claimant who, although he or she may use the telephone or internet, is permitted to certify by mail.

 

"Monetary Eligibility" means a claimant's eligibility for a weekly benefit amount of unemployment insurance and the amount of dependency allowance, if any, based on the amount of qualifying wages paid.

 

"Nonmonetary Eligibility" means that the claimant has established monetary eligibility and has not been found ineligible or subject to disqualification under the Act from receiving unemployment insurance benefits.

 

"Part-time Work" means services not normally required for the customary schedule of full-time hours or days prevailing in the establishment in which the services are performed, or services performed by a person who, owing to his or her personal circumstances or the nature of the work he or she is qualified to perform, does not customarily work the schedule of full-time hours or days prevailing in the establishment in which he or she is employed [820 ILCS 405/407].  Generally, part-time work will be less than 40 hours per week except when company policy or a collective bargaining agreement provides for a lesser number of hours per week as full-time work.  In these cases, part-time work shall be work less than the number of full-time hours set by the collective bargaining agreement or company policy.

 

"Part-total Employment" means part-time work with an employing unit other than one's regular employing unit.

 

EXAMPLE:  The claimant is laid off by Company A, his or her regular employing unit, as defined in this Section, and accepts temporary, part-time work with Company B, an employing unit other than his or her regular employing unit. The part-time work with Company B constitutes "part-total employment".

 

"Partial Employment" means part-time work with one's regular employing unit.

 

"Party" means, with respect to issues of nonmonetary eligibility, the claimant and any employing unit that files a timely and sufficient protest pursuant to Section 2720.130.  Only a party under Section 702 of the Act may appeal a nonmonetary determination or decision of the Department regarding eligibility for benefits.  With respect to findings under Section 701 of the Act, "party" means the claimant and any employer whose base period wages are in question.  With respect to the issues of sufficiency and timeliness of a protest pursuant to Section 2720.130, "party" means only the employing unit that files the protest.

 

"Personal Identification Number" or "PIN" means a number that enables the claimant to access the Telephone Certification System.  Valid use of a PIN serves as the claimant's signature.

 

"Protest" means the Department form Employer Notice of Possible Ineligibility, or a letter in lieu thereof, that alleges the claimant is not entitled to unemployment insurance benefits.

 

"Referee" means the administrative law judge assigned to conduct hearings on appealed Adjudicator findings, determinations or recoupment decisions and to make decisions on the matters appealed.

 

"Regular Employing Unit" is either the employing unit for which an individual expects to continue working and to work full time if business warrants it, or any employing unit for which the individual worked full time for 9 consecutive weeks during the preceding 52 weeks.

 

"Service Area" means a geographical area served by a local office.

 

"Services" means not only work actually performed, but the entire employer-employee relationship.  Any attachment to an employing unit for which wages are payable constitutes a service for that employing unit.

 

"Telephone Certification System" or "TCS" means a system implemented by the Department that enables a claimant to certify for benefits or obtain information by touch-tone telephone.

 

"Telephone Filer" means a claimant who has established a PIN and uses the Telephone Certification System to certify.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.3  "Week" In Relation To "Benefit Year"

 

A week shall be deemed to be within the benefit year which includes the ending date of such week.

            Example:  The individual's benefit year ends on Monday April 1, 1985. He establishes a new benefit year claim, effective April 2, 1985.  If this individual files a continued claim for the week ending April 6, 1985, that week will be deemed to be in the benefit year beginning April 2, 1985.

 

(Source:  Added at 11 Ill. Reg. 14338, effective August 20, 1987)

 

Section 2720.5  Service of Notices, Decisions, Orders

 

a)         Except as provided in subsections (b) and (e), a notice, decision or order shall be served on every party, either by:

 

1)         Personal service;

 

2)         Mailing in an envelope, sealed and properly addressed to the last known address of the party, with the correct amount of postage prepaid; or

 

3)         If agreed to by the party, posting on a secure website accessible to the person or entity and sending notice of the posting to the last known e-mail address of the person or entity.

 

b)         When an agreement is made between the Department and the employing unit (or its authorized agent) and the necessary identifying information is available, the Notice of Claim to Last Employing Unit and Last Employer or other Interested Party shall be sent to the employing unit (or its authorized agent) by means of an electronic data transmission rather than by mailing a document to the employing unit.

 

c)         A person may designate an agent to receive his or her notices and decisions by filing the name and address of the agent with the Department.  In these cases, notice to the agent so designated is notice to the person.  A person's designation of the agent shall remain in effect until the Department receives a notice that the agency relationship no longer exists.

 

d)         Notwithstanding the appointment of an agent in accordance with subsection (c), the Notice of Claim to Last Employing Unit and Last Employer or other Interested Party (see Section 2720.130) shall be sent to the employing unit identified by the claimant at the time he or she files his or her claim for benefits.

 

e)         CARES Act

 

1)         Notwithstanding any other provision of this Part, for notice of any document or correspondence related to the federal Pandemic Unemployment Assistance (PUA) program established by section 2102 of the CARES Act (Public Law 116-136), as amended, the Department will serve each notice on the claimant in lieu of mailing a paper copy through the U.S. Mail by:  

 

A)        posting an electronic version of the notice in the claimant's account; and

 

B)        sending an email to the email address that has been provided on the account.

 

2)         If the claimant either fails to provide his/her email address or requests to receive notices only through the U.S. mail, the Department will serve the notice on the claimant through U.S. Mail sent to the claimant's last known address.

 

3)         Emails to the claimant will notify him or her that a notice has been posted to the account and will not contain any Personal Identifying Information (PII) and may not be responded to by email.

 

(Source:  Amended at 44 Ill. Reg. 14672, effective August 27, 2020)

 

Section 2720.7  Application for Electronic Data Transmission

 

a)         In lieu of receiving its Notice of Claim to Last Employing Unit and Last Employer or other Interested Party as a paper document sent through the U.S. Postal Service, an employing unit (or its authorized agent) may apply to have the document sent to it through electronic data transmission.

 

b)         The Director shall approve the application if the employing unit (or its authorized agent) agrees to:

 

1)         At its own expense, on a daily basis, retrieve its electronically transmitted data from the data center of CMS, designated by the Director;

 

2)         Accept the date shown on the Department's records as conclusive evidence of the date that the electronically transmitted data was sent to the data center;

 

3)         Demonstrate to the Director that the volume of claims filed against it justifies the cost to the Department of putting the employing unit on the electronic data transmission system.

 

c)         The Director must also find that the employing unit's (or its authorized agent's) electronic data processing equipment is compatible with that used by the Director.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.10  Computation of Time

 

a)         The calendar day on which any notice, decision or order is mailed or electronically transmitted by the Department shall be excluded in computing time.

 

b)         The calendar day on which notice is due from a party or from an employing unit that is seeking to become a party (see Section 2720.130(a)) or action is required by a party or by an employing unit that is seeking to become a party shall be included in the computation of time.

 

c)         If the last day a document may be filed by a party or by an employing unit that is seeking to become a party is a day on which the Department facility is closed, the due date is extended to the end of the next day the facility is open.

 

d)         The date on the document shall be rebuttable evidence that it was mailed on that date; a postmark placed on the envelope by the U.S. Postal Service shall be conclusive evidence of the date of mailing; when a Notice of Claim to Last Employing Unit and Last Employer or other Interested Party is electronically transmitted to an employing unit (or its authorized agent), the date of transmission shown on the Department's records shall be conclusive evidence of the date of service of the Notice.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.11  Methods of Payment

 

a)         For purposes of this Section, "benefits" includes payments to a claimant pursuant to the Act; trade readjustment allowances and alternative trade adjustment assistance payable pursuant to the Trade Act of 1974, as amended (19 U.S.C. 2101 et seq.); disaster unemployment assistance payable pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.); and any other payments the Department may make with respect to unemployment.

 

b)         Except as otherwise provided in subsections (c) and (d), the Department will pay benefits to a claimant by crediting the benefits to a financial institution account that the Department will establish for the claimant and against which the claimant may electronically draw funds through the use of a debit card.  The issuance of a debit card pursuant to this Section does not entitle a claimant to draw funds unless:

 

1)         the claimant has activated the card in accordance with the instructions of the financial institution with which the account was established; and

 

2)         the account has a positive balance.  The claimant's use of a card pursuant to this Section shall be subject to the terms of the cardholder agreement provided by the financial institution with which the claimant's account has been established.  The Department may make adjustments to an account established pursuant to this Section when necessary to correct credit or debit entries made in error.

 

c)         Notwithstanding subsection (b), the Department will pay benefits to a claimant by direct deposit into a financial institution account designated by the claimant if the designation is in effect at the time the benefit payment is processed.  A designation made pursuant to this subsection shall be made on a Direct Deposit Authorization Form provided by the Department and shall subject the claimant to the terms and conditions set forth on the form.  The Department may make adjustments to an account designated pursuant to this Section when necessary to correct credit or debit entries made in error.

 

d)         Notwithstanding subsection (b), if the financial institution contracted by the Department to make benefit payments to claimants does not issue debit cards, then the payment of benefits will be by way of direct deposit under subsection (c) (which is the preferred method of payment of benefits) or else by issuance of paper checks to claimants. If a claimant had been receiving benefit payments by way of a debit card issued by a financial institution that is no longer the financial institution contracted with the Department to make benefit payments and if that claimant has not notified the Department of an election as to how to receive benefit payments, then benefit payments will be made to that claimant by way of paper checks.

 

(Source:  Amended at 46 Ill. Reg. 5664, effective March 24, 2022)

 

Section 2720.15  Disqualification Of Adjudicator, Referee, Or Board Of Review

 

a)         No Adjudicator or Referee or member of the Board of Review shall participate in any manner in any investigation or proceeding under the Act if he has a financial or other direct personal interest in the outcome of the proceeding or investigation.  Personal interest includes family, social or professional relationships, or general bias or prejudice which would tend to affect the ability of the Adjudicator, Referee or Board member to remain fair and impartial.

 

b)         A party seeking disqualification must file a written request to disqualify with the person whose disqualification is sought prior to the commencement of the investigation or proceeding.  The request to disqualify must contain specific facts which indicate a financial or other direct personal interest in the outcome of the proceeding or investigation.

 

c)         The person whose disqualification is sought will issue his decision on the request prior to the investigation or proceeding.  If the request is denied, the reasons for the denial must be set forth in writing and the Adjudicator, Referee or Board of Review will proceed with the investigation or proceeding.  The request and the reasons for the denial will be part of the record in any appeal.

 

Section 2720.20  Attorney Representation of Claimants

 

a)         Attorneys for claimants must file an Attorney Appearance and Authorization for Representation form signed by the claimant and his or her attorney.  This form must be filed with the Department prior to a hearing before an Adjudicator or Referee, or prior to the decision of an Adjudicator, Referee, or Board of Review, whichever occurs first after the attorney begins his or her representation of the claimant.

 

b)         Absent prior approval by the Board of Review under subsection (c), an attorney representing a claimant may not charge or receive more than:

 

1)         15% of the amount of the weekly benefits in a claim series received by the claimant after the claimant hires the attorney; or

 

2)         $150 per hour, whichever is greater.

 

c)         If an attorney believes that the fee arrived at pursuant to subsection (b) is inadequate, the attorney may file a request with the Board of Review setting forth the facts supporting the attorney's claim for additional fees.  The requests shall include the attorney's certification that the claimant was served with a copy of the request.  The Board of Review shall grant or deny the request in whole or in part based on whether the complexity of the case, the result obtained, the expertise required and the time expended in rendering legal services warrant a fee in excess of that allowable under subsection (b).

 

d)         A claimant wishing to comment on or object to a request for additional fees under subsection (c) shall do so in writing to the Board of Review within 10 days after the request is served on him or her.  All decisions regarding requests for additional fees shall articulate the reasons for the grant or denial of the request and shall be final administrative decisions.  Nothing in this Section shall be construed as prohibiting an attorney from collecting the sum allowable under subsection (b) prior to the decision of the Board of Review.

 

e)         A claimant or employer may authorize an attorney or his or her designated agent to review the Department file regarding the claimant or employer for the purpose of determining whether to represent the claimant or employer in proceedings before the Department.  The authorization shall be in writing and may be delivered to the Department office applicable to the particular claimant's or employer's case.  Upon delivery of the authorization to the applicable Department office, the attorney or his or her designated agent may review the file without filing an appearance form or becoming the claimant's or employer's counsel of record.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.25  Form of Papers Filed

 

a)         Each form provided by the Department that specifies the information to be provided shall be completed in full as indicated.  Every other document prepared by claimants, parties, or their representatives shall bear the name of the claimant, either the Social Security or Claimant Identification Number of the claimant, the name and address of the employer, the name, address, and telephone number of the person filing the document, and, if a person has received notice of appeal, the docket number of that appeal.

 

b)         The omission of necessary information described in subsection (a) may lead to substantial delay in the review process of the document and could prevent any consideration of the document or its contents.  In instances in which information cannot be obtained by other means, the Department shall immediately return the document with a description of the needed information to the person who filed it.  If the document with all required information is returned within 10 days after the date the Department mailed it back to the person, the document shall be considered filed on the date the Department originally received it.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.30  Correction of Technical Errors

 

a)         Subject to the provisions of this Section, the Department shall, on its own motion or the motion of a party, correct any technical error in any Finding, Determination or Decision necessary to effectuate the intent of the originating authority by issuing a corrected Finding, Determination or Decision.  Production of new evidence shall not be a technical error under the provisions of this Section.

 

            EXAMPLE:  The Referee issues a Decision, that states the facts and applicable law.  The text of the Decision indicates that benefits will be allowed. However, the conclusion of the Decision states that benefits are denied.  Either on its own motion or the motion of a party, the Department shall correct this Decision so that the conclusion follows from the facts and the law as set out in the text of the Decision.

 

b)         Any corrected Decision shall set forth the matter being corrected in a different type font than the original text.

 

c)         No corrected Finding, Determination or Decision shall be issued when:

 

1)         The issue in question has been appealed to a higher authority;

 

2)         More than 13 weeks have passed since the end of the benefit year affected by the finding, or more than a year has passed since the last day of the week for which the Determination was made; or

 

3)         More than 30 days have passed since the date of mailing of the Decision of the Referee or the Board of Review.

 

d)         When the Department denies a motion of a party to issue a corrected Finding, Determination, or Decision, the motion shall be considered an appeal to the original Finding, Determination or Decision to the next higher level of review within the Department.  The motion does not stay the period for filing an appeal to the circuit court.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.35  A Claimant's "Last Known Address"

 

Notwithstanding any provision to the contrary, a claimant's "last known address", as that term is used in the Act, is the last address provided to the Department by the claimant as provided in this Section.  The address provided by a claimant on his or her most recent unemployment insurance claim application is the claimant's last known address until the claimant informs the Department of a change of address by telephone or in person at any local office, or through the internet at the Department's website, www.ides.illinois.gov.  The telephone number for submitting a change of address can be found on the Department's website.  Noting a change of address on an appeal or other correspondence is not sufficient to change one's "last known address".

 

(Source:  Added at 43 Ill. Reg. 1523, effective January 15, 2019)

 

Section 2720.40  Eligibility for Pandemic Emergency Unemployment Compensation With a Higher Weekly Benefit Amount

 

a)         With respect to weeks beginning on or after December 27, 2020, an individual who is otherwise eligible to receive Pandemic Emergency Unemployment Compensation (PEUC) pursuant to Section 206(c)(1) of the federal Continued Assistance Act (PL 116-260) but for the federal requirement that such individual must have first exhausted the individual's entitlement to "regular" benefits (not including Extended Benefits) under the Act or the Unemployment Insurance Act of another state, shall continue to receive PEUC benefits in lieu of payment of regular benefits on a subsequent benefit year if:

 

1)         the individual has remaining entitlement to PEUC benefits for a benefit year;

 

2)         the individual's weekly benefit amount (not including any dependent allowance) for a subsequent, new benefit year is at least $25 less than the weekly benefit amount (not including any dependent allowance) that the individual is eligible to receive in PEUC; and

 

3)         the benefit year on which the individual's PEUC is based expired after December 27, 2020.

 

Example:  The individual exhausts his entitlement to regular benefits on December 26, 2020 and files for PEUC, effective December 27, 2020 and is eligible for a PEUC weekly benefit amount of $450 per week.  His first benefit year ends on January 4, 2021.  He files a subsequent benefit year claim, effective the week beginning January 3, 2021.  His weekly benefit amount on the new claim is $51 per week.  This individual will remain on PEUC until he exhausts his PEUC benefits or until the program ends because his weekly benefit amount on the new benefit year claim is at least $25 less than the weekly benefit amount that he is eligible to receive in PEUC and the benefit year on his prior claim expired after December 27, 2020.

 

b)         Pursuant to the federal flexibility and option provided for payments of PEUC benefits in the federal Continued Assistance Act (PL 116-260), whenever subsection (a) above applies, the new benefit year will be established but payment on such claim will be deferred until the individual exhausts his/her prior PEUC entitlement or it is otherwise no longer available.

 

c)         Such subsequent payments for regular benefits on the new benefit year shall not be made for weeks with respect to which the individual has been or will be paid PEUC.

 

Example:  The individual in the previous example will be paid PEUC until he exhausts his PEUC benefits or the program ends.  If eligible, he will then be paid regular benefits for any subsequent weeks remaining in the subsequent benefit year at the weekly benefit amount applicable for the subsequent benefit year.

 

(Source:  Added at 45 Ill. Reg. 7134, effective May 27, 2021)

SUBPART B: APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS

 

Section 2720.100  Filing a Claim

 

a)         Each employer shall deliver the What Every Worker Should Know About Unemployment Insurance form to each worker separated from employment for an expected duration of 7 or more days.  The form shall be delivered to the worker at the time of separation or, if delivery is impracticable, it shall be mailed, within 5 days after the date of the separation, to the worker's last known address.  The forms shall be available for downloading from the Department's website.  Every employer subject to the provisions of the Unemployment Insurance Act (including every employing unit that has elected, with the approval of the Director, to become an employer subject to the Act) shall post and maintain the notices as may be furnished by the Director.  These printed notices shall be posted in conspicuous places in all of the establishments of the employer and shall be easily accessible for examination by the worker.  These notices can also be downloaded from the Department's website.

 

b)         Unless a claimant is otherwise instructed by the Department and except as otherwise provided in subsection (e), an initial claim for unemployment insurance benefits may be filed in person at any local office or over the telephone or on the internet at the Department's website. Subject to Section 2720.25, when filing a claim, the claimant, when requested, shall provide the following to the local office:

 

1)         A valid Social Security card or other evidence of his or her Social Security number, such as a W-2 form;

 

2)         Any other form of positive identification such as a driver's license, state photo ID card or payroll check stub showing his or her name, address and date of birth;

 

3)         For each employing unit for whom the claimant worked during the past 2 years:

 

A)        The employing unit's name and address;

 

B)        Dates of service;

 

C)        Reasons for the claimant's separation:

 

i)          If the employing unit is the federal government, Standard Form 8 and Personnel Action Form 50, or any other documents, such as a Form W-2 or check stub, that show he or she has worked for the federal government; or

 

ii)         If the employing unit is the military, Separation Form DD-214;

 

4)         The Social Security number, name and birthdate of each of the claimant's dependent children;

 

5)         Social Security number, if any, of the claimant's spouse and information about the spouse's employment during the last 2 years if the claimant is claiming the spouse as a dependent;

 

6)         Information about other income, such as  pensions, workers' compensation, payment for services, irrespective of whether the claimant regards the services as employment, or other unemployment insurance benefits that the claimant has received or will receive after the termination of his or her employment.

 

c)         The Department will accept and process any claim filed.  When the claimant files his or her claim, the claimant will be informed of the requirements for receiving unemployment insurance benefits, including the requirement that the claimant be able to work, available for work and actively seeking work.

 

d)         Within a reasonable time after the claimant files his or her claim (customarily within 7 days),  the claimant will be provided with a finding showing whether he or she has monetary eligibility and, if so, the amount of benefits.

 

e)         The Department shall require a claimant to file in person at a local office if there is a significant discrepancy between information that the claimant provides while attempting to file a claim via the internet and information contained in Department records or other government records the Department may utilize.

 

EXAMPLE:  An individual named Smith attempts to file an unemployment insurance claim via the internet and, as part of the internet claims process, enters his Social Security number.  However, Department records indicate a previous claim was filed by someone other than Smith, using the same Social Security number that Smith has provided.  Smith will have to file his claim in person in a local office to clear up the discrepancy.

 

f)         Once a claimant establishes a "valid" claim (one on which the claimant is monetarily eligible for benefits), that claim cannot be withdrawn.  The local office is under no obligation to advise an individual when to file his or her claim so as to qualify for the optimum benefit amount.

 

EXAMPLE:  An individual files a valid claim effective June 6, 2010.  He later learns that, if he had waited until after July 1, 2010 to file his claim, he would have been entitled to a higher weekly benefit amount.  The individual cannot withdraw the claim that he established effective June 6 to obtain a higher weekly benefit amount.

 

(Source:  Amended at 43 Ill. Reg. 1523, effective January 15, 2019)

 

Section 2720.101  Filing, Registering and Reporting by Mail Under Special Circumstances

 

a)         The application of this Section is limited to individuals who fall within the following general categories who have no access to a telephone or the internet and who meet the requirements set forth in subsection (c):

 

1)         Persons residing in any area or community where no transportation is readily or cheaply available, where no local office exists and where itinerant service is not furnished;

 

2)         Persons working less than full time and residing in any area or community where itinerant service is furnished but who are employed at the time itinerant service is available to them;

 

3)         Persons in the armed forces of the United States;

 

4)         Persons whose physical condition prevents filing, registering and reporting in person;

 

5)         Persons in full time employment under  circumstances in which that reporting, registering or filing in person would be inconsistent with the purposes of the Act;

 

6)         Persons claiming benefits with respect to a week of partial employment, defined as a calendar week of less than full time work with respect to which wages payable to an individual are less than his or her weekly benefit amount and are earned from his or her regular employing unit.

 

b)         Except when otherwise specified in Rules by the Director, the requirements of Section 500(A) of the Act, with respect to the persons described in subsection (a), are waived.

 

c)         General Provisions

 

1)         Notwithstanding the provisions of any other Section of 56 Ill. Adm. Code:  Chapter IV, any unemployed individual in any of the categories of subsection (a) shall, under those circumstances and subject to those conditions set forth in this Section, be permitted to file a claim for benefits by mail and register for work mail.  The permission shall be granted only in cases when all of the following circumstances and conditions exist:

 

A)        A request by the individual or his or her authorized agent orally or in writing has been made;

 

B)        The individual has furnished such information as the Claims Adjudicator may require to determine the propriety of the request;

 

C)        The Claims Adjudicator has found that failure to grant permission would be inconsistent with the purposes of the Act.

 

2)         The Claims Adjudicator shall have the right to withdraw permission with respect to any week if he or she finds that reporting in person would not be inconsistent with the purposes of the Act.

 

d)         Effects of Filing by Mail

 

1)         Filing, registering and reporting by mail in accordance with the provisions of this Section shall have the same effect as filing, registering, and reporting in person at an unemployment office.

 

2)         When permission to file by mail has been granted, the date of the request for permission (as evidenced by the postmark if the request is by mail) shall be considered as the date of claim; provided, however, that backdating for good cause shall be granted to the same extent that it is granted to persons who file claims in person.  (See Sections 2720.105(b) and 2720.120.)

 

3)         Except with respect to the necessity for appearing in person at an unemployment office, all provisions of 56 Ill. Adm. Code:  Chapter IV, applicable to filing, registering, and reporting in person shall be applicable to filing, registering, and reporting by mail in accordance with this Section.

 

4)         The Department may, when accepting mail filings, conduct interviews with the applicants by telephone or in person to review the written submissions.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.105  Time for Filing an Initial Claim for Benefits

 

a)         An initial claim for benefits should be filed no later than the end of the first week in which the claimant is separated from work.  If it is filed later than the week the claimant became separated from work and backdating is not requested, the claim shall begin in the week in which it was filed.

 

b)         If an initial claim is filed later than the end of the first week after the separation, but less than one year thereafter, at the claimant's request the Department will backdate the claim to the appropriate date and determine eligibility for that period if:

 

1)         the claimant shows:

 

A)        The individual's unawareness of his or her rights under the Act;

 

B)        Failure of either the employing unit or the Department to discharge its responsibilities or obligations under the Act or the rules;

 

C)        Any act of any employing unit in coercing, warning or instructing the individual not to pursue his or her benefit rights; or

 

D)        Other circumstances beyond the claimant's control; and

 

2)         The claimant shows he or she filed the claim within 14 days after the reasons for the failure to file no longer existed.

 

c)         A claim with respect to a single week of total or part-total unemployment immediately preceded by a week of partial employment, shall be dated as of the first day of the week of total or part-total unemployment, if the claim is filed within the time limits for filing the claim with respect to the week of partial unemployment (see Section 2720.106).

 

d)         If a claim is filed by any person who is not unemployed at the time of filing, theclaim shall be dated as of the first day of the next following week for which the individual is unemployed.  It shall be the obligation of the individual to inform the Department when he or she does become unemployed.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.106  Dating of Claims for Weeks of Partial Unemployment

 

a)         An individual who files a claim for a week of partial unemployment shall present valid evidence for the week, if the evidence has been furnished to him or her by the employing unit.

 

1)         The failure of the individual to present valid evidence shall not be a ground for denial of benefits or waiting period credit with respect to the week.

 

2)         If an individual fails to present valid evidence for the week, and it is not otherwise available, the Department shall request the employing unit to furnish evidence in accordance with the provisions of Section 2720.107.

 

b)         A claim for a week of partial unemployment shall be dated as of the first day of that week if the individual files the claim within five weeks after the end of the calendar week in which he or she received valid evidence for the week of partial unemployment.  A claim with respect to a week of partial unemployment may be filed by mail if the individual has previously filed a valid claim or if the individual had previously filed an invalid claim but the issue is under appeal for the current benefit year.

 

c)         A claim for a week of partial unemployment, filed after the end of the period allowed in subsection (b) for good cause such as the inability to file within the five week period due to work schedule, illness or other circumstances beyond the claimant's control, may be dated as of the first day of that week, if it is filed at the first available opportunity, but not later than eight weeks after the end of the five week period.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.107  Employing Unit Reports for Partial Unemployment

 

a)         Valid evidence as used in this Section and Section 2720.106 means a pay stub, pay envelope or voucher for the week showing:

 

1)         The worker's name;

 

2)         His or her Social Security number;

 

3)         The ending date of the calendar week;

 

4)         The wages earned by the worker during the week;

 

5)         The employing unit's name;

 

6)         A statement that the earnings were for a week of less than full time work, due to lack of work;

 

7)         The signature (actual or facsimile) of a person authorized by the employing unit to sign the forms, or other positive identification of the authority supplying the valid evidence; and

 

8)         The date on which the valid evidence was issued.

 

b)         Requirement to Furnish Worker with Valid Evidence

 

1)         Not later than the payday for the period covered by the valid evidence, if so requested by the worker, the employing unit shall deliver the valid evidence to a worker for each calendar week during which the worker worked less than full time because of lack of work and earned less than his or her weekly benefit amount.

 

2)         The employing unit shall deliver to the requesting claimant the  valid evidence, whether or not the employing unit has received a Notice of Claim.

 

c)         If the employing unit fails to provide the requested information to the individual, an employing unit shall respond to the Department's request for valid evidence for the individual specified in the request by showing the individual's earnings and whether the individual worked less than full time because of lack of work and earned less than his or her weekly benefit amount in each calendar week covered by the request.  The response shall be mailed to the address specified in the request, within 5 business days after receipt of the request.  Failure of an employing unit to provide valid evidence when requested will result in the payment of benefits based on the individual's explanation of his or her earnings for the weeks in question.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.108  Alternative "Base Period"

 

a)         Section 237 of the Act provides a definition of the term "base period". That Section also provides that, when an individual does not qualify for the maximum weekly benefit amount provided under Section 401 of the Act because he or she had insufficient wages during his or her base period as a result of being unemployed and when he or she was awarded temporary total disability during the period under any workers' compensation or occupational diseases Act, he or she shall be entitled to have his or her weekly benefit amount computed using an alternative base period, as described in Section 401.

 

b)         For the purpose of determining the applicability of the alternative base period described in Section 237 of the Act, "awarded" temporary total disability shall not be limited to awards made by the Illinois Workers' Compensation Commission or similar agencies in other states but shall include settlements and voluntary payments by employing units or their insurers.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.110  Required Second Visit To Local Office (Repealed)

 

(Source:  Repealed at 17 Ill. Reg. 17937, effective October 4, 1993)

 

Section 2720.112  Telephone or Internet Certification

 

a)         Except as provided in subsection (c), each claimant shall be a telephone or internet filer. 

 

b)         On his or her certification day, a telephone or internet filer shall call a designated telephone number and enter his or her PIN or log onto the Department's website, as applicable, as directed and respond to the questions concerning his or her claim for the prior two weeks.  If a telephone or internet filer misses his or her assigned certification day, he or she may call or certify online on Thursday or Friday of that week, or on his or her assigned day or Thursday or Friday of the next week.

 

c)         A mail filer will be sent a copy of the questions concerning his or her claim for the prior two weeks and shall respond in accordance with the provisions of Section 2720.115(a); provided, a claimant cannot file by mail unless he or she requests to do so and furnishes information the Claims Adjudicator may require to determine:

 

1)         He or she speaks neither English nor Spanish;

 

2)         He or she is hearing impaired; or

 

3)         He or she has no reasonable access to a touch-tone telephone or internet.  In determining whether a claimant has reasonable access to a touch-tone telephone or to the internet, consideration shall be given, but not necessarily limited to, the following factors:  the claimant's known physical or mental limitations, the claimant's concerns for his or her safety, and the overall level of effort required to access a touch-tone telephone or the internet; an occasional inconvenience or mere preference does not mean a claimant has no reasonable access to a touch-tone telephone or the internet.

 

A)        EXAMPLE:  A telephone filer, who has no telephone in his apartment, but has used touch-tone telephones in the lobby of his building and elsewhere in his neighborhood to certify, requests to become a mail filer.  His reason is that sometimes he must wait a few minutes for someone to get off the telephone, so he would prefer to be a mail filer.  An occasional inconvenience or mere preference does not mean he has no reasonable access to a touch-tone telephone. He cannot be a mail filer.

 

B)        EXAMPLE:  An individual who has been a telephone filer fails to certify and more than two weeks have passed since his certification day.  This raises a late reporting issue for the weeks under review, to be resolved by applying the provisions of Section 2720.120(b).  Irrespective of how that issue is resolved, if it is found that the claimant no longer has reasonable access to a touch-tone telephone, then, for future weeks, the claimant may certify by mail.

 

d)         A mail filer may become a telephone or internet filer by simply using those media.

 

e)         A date shown (or absence of a date) on the Certification Detail Screen shall be rebuttable evidence that a telephone or internet filer certified (or failed to certify) on that date.  If a telephone or internet filer attempts to certify more than two weeks after his or her certification day, this will result in a delay in the processing of benefit payments and raise a late reporting issue, to be resolved by the application of Section 2720.120(b).

 

f)         All provisions of this or any other Part that are not inconsistent with the provisions of this Section, shall remain in effect.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.115  Continuing Eligibility Requirements

 

a)         After the claimant has filed his or her initial claim, the claimant must certify as to his or her continuing eligibility. Even if the claimant has been denied benefits, he or she must continue to certify and maintain his or her work search record, and meet other eligibility requirements of the Act, for each week for which he or she expects payment upon reversal of that denial.  The claimant shall certify as a telephone or internet filer pursuant to Section 2720.112 unless he or she qualifies as a mail filer pursuant to Section 2720.112(c).  If the claimant is a mail filer, the Department will mail the claimant a form called Claim Certification (BIS-653) every two weeks or will send the claimant a Notice explaining why the Claim Certification was not sent, but only if this is the claimant's first certification following the filing of his or her initial claim or if the claimant had certified for the prior two week period.  The claimant must complete the Claim Certification and file it at the local office, either by mail or in person, on the Date To Mail indicated on the form (see Section 2720.120).  If the claimant is a mail filer and does not receive a Claim Certification within 20 days after filing his or her initial claim or after he or she received the claimant last Claim Certification, the claimant must notify the local office and obtain a Claim Certification.

 

b)         If at any time the Department has reason to investigate the claimant's continuing eligibility, the Department will so inform the claimant in writing. The claimant must cooperate with the investigation by appearing at the time and place instructed by the Department on the Notice of Claims Adjudicator's Interview, with all information he or she has regarding any question that has been raised.  Failure to cooperate will result in a Finding, Determination or Decision being issued without further information from the claimant.

 

c)         A claimant certifying for benefits under this Section as a telephone, internet or mail filer shall maintain a work search record for each week he or she is claiming benefits.

 

1)         The work search record shall include the names and addresses of the employing units contacted, as well as the names of specific persons contacted, if possible; the dates and methods of the contacts; the type of work sought, including wages and hours requested or desired; and the results of the contacts.

 

2)         The claimant shall provide his or her work search record to the Department upon the Department's written request.  The Department shall only request the claimant's work search record with regard to a week in which: an employing unit makes a sufficient protest regarding the claimant's work search for the week and requests the opportunity to review the claimant's work search record for that week; an employing unit requests to review the record for a week, on the condition that the request is made during that week; or the Department otherwise has information that would provide the basis for a review of the work search or the Department conducts a random work search audit of his or her claim.  When the claimant provides a work search record, an employing unit, or the attorney or agent of the employing unit or the claimant, may review the record pursuant to subsection (e).  When an employing unit requests to review the record for a week, the Department shall not request the claimant to provide his or her work search record if the primary purpose of the employing unit's request is to harass the claimant.

 

3)         A claimant's failure to provide his or her work search record as requested may result in a determination or decision being issued that the claimant did not conduct an active work search.

 

d)         Where an employing unit makes a timely and sufficient protest regarding work search pursuant to Section 2720.130, and benefits are allowed, a copy of the Adjudicator's Determination regarding the adequacy of the work search will be sent to the protesting employing unit (customarily within 20 days after receipt of the protest).

 

e)         If the employing unit or claimant, or the attorney or agent of the employing unit or the claimant, wishes to review or obtain copies of other documents in the file for the purpose of pursuing the employing unit's or claimant's rights under the Act, he or she may do so in the local office, where it shall be made available upon reasonable notice.  To review or obtain a copy of a hearing transcript, see Section 2720.320.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.120  Time for Filing Claim Certification for Continued Benefits

 

Subject to the provisions of Section 2720.112:

 

a)         The completed Claim Certification should be filed on the certification day as indicated on the form UI Finding.  Failure to file the completed Claim Certification on the scheduled certification day will result in a delay in the processing of benefit payments.

 

b)         If the Claim Certification is filed more than two weeks late but less than one year late, the Department will process it if the claimant shows:

 

1)         The individual's unawareness of his or her rights under the Act;

 

2)         Failure of either the employing unit or the Department to discharge its responsibilities or obligations under the Act or the rules;

 

3)         Any act of any employing unit in coercing, warning or instructing the individual not to pursue his or her benefit rights; or

 

4)         Other circumstances beyond the individual's control if the claimant shows he or she filed his or her claim within 14 days after the reasons for the failure to file no longer existed.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.125  Work Search Requirements For Regular Unemployment Insurance Benefits (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 18489, effective November 5, 1990)

 

Section 2720.126  Availability For Part Time Work Only (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 18489, effective November 5, 1990)

 

Section 2720.127  Director's Approval Of Training (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 18489, effective November 5, 1990)

 

Section 2720.128  Active Search For Work:  Attendance At Training Courses (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 18489, effective November 5, 1990)

 

Section 2720.129  Regular Attendance In Approved Training (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 18489, effective November 5, 1990)

 

Section 2720.130  Employing Unit Protest Of Benefit Payment

 

a)         A protest ("Notice Of Possible Ineligibility" or a letter in lieu of that notice) raises questions of eligibility, entitles an employing unit to receive an Adjudicator's Determination regarding questions of eligibility raised and, if timely and sufficient as set out in this Section, provides party status and appeal rights of the Determination relating to the protest.

 

1)         The employing unit shall file, either by mail or by hand delivery, the protest within 10 calendar days after the date of notice shown on the Notice of Claim to Last Employing Unit and Last Employer or Other Interested Party form (see Section 2720.10 for the computation of time). The protest shall be addressed, if mailed, or hand delivered to the Director at the local office designated on the form received by the employing unit.  If the employing unit mails or hand delivers the protest to an address other than the address designated on the form received by the employing unit, timeliness of the notice shall be measured from the date of receipt at the proper address instead of the postmark date or the hand delivery date, as the case may be.

 

2)         The protest should include the names, addresses and telephone numbers of persons having knowledge of the facts and circumstances supporting the allegation whom the employing unit designates for the Department to contact for further information.  The protest must meet the sufficiency requirements of subsection (d).

 

b)         Because, during a claim series, acts or circumstances may occur that could result in ineligibility, an employing unit's protest with respect to those acts or circumstances will be deemed timely (irrespective of the 10 day time limit set forth in subsection (a)) and will, if also sufficient, provide party status; except, if the employing unit protests that, under Section 500C of the Act, the individual was not able to work, available for work or actively seeking work, then that part of the employing unit's protest will not be deemed timely and will not provide status for any week prior to the week in which it was received by the Department.  Whether or not protest is deemed timely or an employing unit is provided party status, ineligibility is determined from the week in which the acts or circumstances occurred.

 

1)         EXAMPLE:  The employing unit from which the individual was separated does not respond within 10 days after the date of mailing of the Notice of Claim to Last Employer, Last Employing Unit or other Interested Party.  Later, during the claim series, the employing unit offers the individual suitable work that he refuses without good cause.  The employing unit then protests, alleging that the individual should be ineligible under Section 603 of the Act (refusal of work).  This protest shall be deemed timely beginning with the week in which the refusal of work occurred.

 

2)         EXAMPLE:  During the third week of the claim series, the school district that employed the individual as a teacher during the last academic term offers him a contract to teach again in the next academic term.  During the seventh week of the claims series, the school district protests that the individual should be ineligible under Section 612 of the Act.  This protest shall be deemed timely as of the date that it is determined that the contract was offered to the individual.

 

3)         EXAMPLE:  The individual has been receiving benefits for 14 weeks.  In the 15^th week, his former employer hears that the individual may have been incapacitated by an injury beginning in week 6 of the claim series.  The employer protests that the individual should be ineligible for benefits under Section 500C of the Act beginning with week 6 of the claim series.  While the Department will investigate this individual's eligibility for benefits beginning with week 6, the employer will only be a party to the determination of eligibility beginning with the week in which the employer notifies the Department of its allegation of possible ineligibility.

 

c)         When an employer alleges that an individual who was initially an unemployed individual but was later not unemployed under Section 239 of the Act because the individual returned to work for the employer and continued to claim benefits, a protest shall be considered timely if filed within 45 days after the date the Department mails the employer a Statement of Benefit Charges (BEN-118) that includes a period in which the employer alleges that the individual claimed benefits while he was employed by the employer.

 

d)         As long as the employing unit gives a reason or reasons for the allegation and the reason is directly related to the issue raised and is not a general conclusion of law, the allegation shall be considered sufficient.  A protest under this Section is sufficient only if limited to one claimant, except as otherwise provided in subsection (d)(3), and only if it:

 

1)         Alleges on the protest that the claimant is not eligible for benefits or waiting week credit by providing material reasons or facts in support of the allegation, other than a conclusion of law, which would support the claimant being held ineligible for benefits; or

 

A)        EXAMPLE:  Sufficient – Employing Unit's Protest Alleges:

 

i)          The claimant is not able to and available for work because she is in school.

 

ii)         The claimant is not able to and available for work because he has no child care during working hours.

 

iii)        The claimant is not able to and available for work because he has removed himself to an area of substantially less favorable work opportunities.

 

iv)        The claimant is not able to and available for work because she is seeking part-time work.

 

v)         The claimant is not able to and available for work because he is in an occupation for which there is no demand in the labor market area.

 

B)        EXAMPLE:  Not Sufficient – Employing Unit's Protest Alleges:

 

i)          The claimant is not actively seeking work (general conclusion of law).

 

ii)         The claimant is not available for work (no reason given for allegation).

 

iii)        The claimant is not able to and available for work because he was discharged from his last job (reason given is not related to the issue raised);

 

2)         Alleges that the claimant is not eligible for benefits because, in connection with any separation or layoff, the claimant has been or will be paid vacation pay, vacation pay allowance, or pay in lieu of vacation, in which event, the employing unit must designate, on the protest, within 10 calendar days after notification of the filing of the claim, or within 10 calendar days after the date the vacation pay is paid or payable, the period to which that pay is allocated.  It is not necessary that a protest be filed for each individual vacation payment.  No designation is necessary for disqualification purposes for vacation payments made during an announced period of shutdown for the purpose of inventory, vacation, or both; or

 

3)         Alleges that the claimant is not eligible for benefits because he is unemployed due to his involvement in a labor dispute, and the employing unit, within 5 days after the start of the period of the work stoppage due to a labor dispute, provides the Department with the name and Social Security number of each worker involved in the dispute.  This list of workers shall be filed with the Department's Labor Dispute section.  Upon receipt of the list, the Department will mail a Labor Dispute Questionnaire to the employing unit and the union or representative of the employees involved in the labor dispute.  The employing unit, union, and/or employee representative must respond to the questionnaire within 10 days.  If the questionnaire is not received within 10 days, the Department will issue a decision based on the information contained in the record at that time.  The filing of the list will constitute an allegation of possible ineligibility under the labor dispute provision (Section 604 of the Act) only and shall not be construed as an allegation of possible ineligibility under any other provisions of the Act.

 

e)         In instances in which the Department decides that the protest has not met the sufficiency requirements of subsection (d)(1), the Department shall immediately provide the employing unit with a notice, including a description of the needed information.  If the protest with all required information is refiled within 10 days after the date the Department mailed the notice to the employing unit, the protest shall be considered filed on the date the Department originally received it.  In no event shall the employing unit have the right to correct an insufficient protest regarding the same claim more than once.  In the event that a protest does not meet the sufficiency requirements of subsection (d)(1) after being refiled pursuant to this subsection, the Adjudicator shall determine the protest to be insufficient.  A Decision that a protest is insufficient may be appealed pursuant to Section 2720.200.

 

f)         Academic Personnel

 

1)         For any weeks beginning March 15, 2020 and ending January 2, 2021, an educational institution or educational service agency, collectively referred to as an "academic employer", will be considered to have filed a timely and sufficient protest and to have established employer party status as to allegations of claimants' ineligibility under Section 612 of the Act, provided the academic employer files with the Department an "Academic Personnel Reporting Form for Professional Employees – June 2020", within three weeks after receipt of the form, that alleges the individuals named on the form:

 

A)        performed services for it in an instructional, research, or principal administrative capacity during the first of those academic years or terms or prior to the vacation period or holiday recess;

 

B)        were employed by the academic employer as of March 1, 2020; and

 

C)        have a contract or a reasonable assurance, as defined in 56 Ill. Adm. Code 2915.1, that the individuals listed on the form will perform services in the second of those academic years or terms, or at the conclusion of the vacation period or holiday recess.

 

2)         The Academic Personnel Reporting Form for Professional Employees – June 2020 shall be filed by submitting it to DES.AcademicPersonnel @Illinois.gov through the Illinois File Transfer Utility Tool at https://filet.illinois.gov/filet/pimupload.asp. The filing of the Academic Personnel Reporting Form for Professional Employees – June 2020 will constitute the academic employer's allegation of ineligibility under the academic personnel provision (Section 612 of the Act) as to only the individuals whose information appears on the form and shall not be construed as an allegation of possible ineligibility under any other provisions of the Act.

 

(Source:  Amended at 44 Ill. Reg. 17647, effective October 23, 2020)

 

Section 2720.132  Required Notice by an Employer of Separation for Alleged Felony or Theft Connected with the Work

 

a)         Whenever an employer discharges an individual for an alleged felony or theft in connection with his or her work, the employer shall notify the Department of the separation.

 

b)         The notification required by subsection (a) shall include the name of the individual discharged, his or her social security number, the name of the employer, its mailing address, its Illinois Employer Account Number, and the date of separation.

 

c)         If the notification required by subsection (a) meets the sufficiency requirements of Section 602B of the Act and is mailed or faxed to the Department within at least 10 days after the date that the individual files his or her next claim for benefits, then the employer shall be a party to the Department's determination of eligibility under Section 602B of the Act.

           

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.135  Adjudicator Investigation

 

a)         If any question arises concerning the claimant's monetary or nonmonetary eligibility, the claimant will be notified in writing.  The Adjudicator will inform the claimant of the precise factual question relating to his eligibility, the Sections of the law involved, and the source of the information that raised the question.

 

b)         An Adjudicator will investigate all allegations in the employer's protest.  He or she will contact the employer, claimant and, if possible, any other source that either party identifies to resolve the protest, provided that the Department will not contact witnesses identified by the claimant or the employer without notifying the claimant or the employer's designated contact person (see Section 2720.130(a)(2)), as appropriate. The claimant will be given an opportunity to provide the Adjudicator with any statements or other evidence to refute or explain the allegations and establish his or her rights to benefits.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.140  Adjudicator Determination

 

a)         The Adjudicator's Determination will set forth, in writing, its factual and legal basis.  The Department will mail a copy of the Adjudicator's Determination to all parties (see Section 2720.1).  For an employing unit that is not entitled to party status under Section 702 of the Act, the Department will mail to the nonparty employing unit:

 

1)         A copy of the Determination regarding the claimant's eligibility for benefits as information only if the employing unit's protest is untimely pursuant to Section 2720.130, or if the claimant is disqualified under a separation issue (Sections 601, 602 and 603 of the Act) and the employing unit from which the separation occurred filed no protest;

 

2)         A copy of the Determination that the employing unit's protest is insufficient pursuant to Section 2720.130, from which the employing unit may make an appeal, after affording the employing unit an opportunity to submit a sufficient protest in accordance with Section 2720.130.

 

b)         When the employing unit files a sufficient protest alleging that the claimant is not able to perform work, unavailable to accept work, or not actively seeking work, the Adjudicator's Determination shall be limited to the claim period set forth in the protest (or the date of the initial claim if the protest is timely pursuant to Section 2720.130) and not beyond the last week for which the claimant has certified for benefits at the time of the Adjudicator's Determination.

 

1)         If the Adjudicator determines that the claimant is ineligible, the Adjudicator will send his or her written Determination to the claimant and protesting employing unit and continue to investigate the claimant's ability, availability, or work search, as appropriate, for each week for which the claimant files a Claim Certification.  The claimant will not receive benefits for any subsequent weeks until and unless an Adjudicator determines that the condition alleged to cause the disqualification no longer exists or that the claimant is actively seeking work, as appropriate; in that case, the Adjudicator's written Determination that the claimant is eligible from a specific date will be sent to the claimant and the protesting employing unit.

 

2)         Once an Adjudicator determines the claimant eligible, the Adjudicator will provide the employing unit with no further Determinations on the claimant's ability, availability, or work search for a subsequent period unless the employer files a sufficient protest for a subsequent period (see Section 2720.130) or the Adjudicator has other reason to investigate the claimant's ability, availability, or work search.

 

3)         If the determination of eligibility is appealed, reversed and benefits denied, parties to the appeal will receive a subsequent determination setting forth the date on which the claimant became able to work, available for work, or began actively seeking work, as appropriate.

 

c)         When an employing unit files an untimely but otherwise sufficient protest alleging that the claimant was discharged for committing a felony or theft in connection with his or her work, the Adjudicator will make and issue a Determination under Section 602A of the Act (discharge for misconduct), though the employing unit shall not be a party to that Determination.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.145  Payment of Unemployment Insurance Benefits for Initial Claims

 

a)         If no question is raised concerning a claimant's eligibility to receive benefits, the Department will begin promptly to pay benefits to the claimant following the claimant's first certification.  If the claimant does not receive his or her benefits within 15 days after the date of his or her first certification form, he or she must contact the local office or call center no later than the Friday of the second week following the week that he or she first certified to prevent further delay in the payment of benefits.

 

b)         If a question is raised concerning claimant's eligibility to receive benefits, the Adjudicator will promptly investigate the matter pursuant to Section 2720.135.  (Customarily, the investigation will be completed within 20 days.)

 

1)         If the Adjudicator finds the claimant is eligible for benefits, the claimant will receive benefits.  However, the employer may seek reversal of the Adjudicator's determination by appealing that determination (see Section 2720.200).  If the claimant is subsequently determined to be ineligible, benefits received may be recouped or recovered.

 

2)         If the Adjudicator finds the claimant is not eligible for benefits, the claimant will not receive benefits.  However, the claimant may seek reversal of the Adjudicator's determination by appealing that determination (see Section 2720.200).  If the claimant is subsequently determined to be eligible, all benefits due will be paid.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.150  Applying for Unemployment Insurance Benefits Under Extension Programs

 

From time to time, various unemployment insurance programs that pay benefits beyond 26 weeks, such as Extended Benefits under Section 409 or 409.1 of the Act, or Federal Supplemental Compensation, may be in effect.  When such a program becomes effective, the Department will notify the claimant in writing of:

 

a)         the requirements to receive benefits under that program; and

 

b)         where and when to file a claim for benefits under that program.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.155  Non-Resident Application for Benefits

 

a)         A claimant who has worked in Illinois but lives outside Illinois may apply for benefits by filing a claim at the unemployment insurance office in the state or territory in which he or she resides.  As soon as the individual becomes unemployed, he or she should report to the nearest unemployment insurance office and follow the procedures as directed by that office.

 

b)         A claimant who has worked in Illinois but lives outside Illinois may, at his or her option, file his or her claim in Illinois.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.160  Reconsidered Findings or Determination

 

a)         An Adjudicator shall reconsider an original Finding or Determination at the written request of a party or upon receipt of new information relating to the original issues, if the request is received by the Department within the following time limits:

 

1)         In the case of a Finding, within 13 weeks after the close of the claimant's benefit year;

 

2)         In the case of a Determination, within 1 year after the last day of the week for which the Determination was made, except that, if the issue is whether or not the claimant misstated his or her earnings for the week or whether or not the claimant has been paid wages by reason of a back pay award made by any governmental department or pursuant to arbitration proceedings or by reason of a payment of wages wrongfully withheld by an employing unit, within 3 years after the last day of the week [820 ILCS 405/703];

 

3)         A Finding or Determination shall not be reconsidered subsequent to the filing of an appeal under Section 2720.200, except when the issue is newly discovered as to whether or not the claimant misstated his or her earnings, or unless the matter is remanded to the Adjudicator by a Referee, the Board of Review or a court.

 

b)         A reconsidered Finding or Determination shall relate only to the issues and period of time set forth in the original Finding or Determination.

 

c)         The Adjudicator shall investigate the original records and facts and document a report of a reconsidered investigation that includes the new information and shall:

 

1)         Affirm the original Finding or Determination if the new facts are not sufficient to modify or reverse the original Finding or Determination and, unless otherwise instructed by the party, process an appeal to the Referee on behalf of the requesting party, in accordance with Section 2720.200, in which case the appeal shall be considered an appeal to the original Finding or Determination; or

 

2)         Modify or reverse the original Finding or Determination if the new facts require a different result, and issue a reconsidered Finding or Determination to the parties vacating and replacing the original Finding or Determination and affording full appeal rights under Section 2720.200.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

SUBPART C: APPEALS TO REFEREE

 

Section 2720.200  Filing of Appeal

 

a)         Any party may appeal an Adjudicator's determination or finding.  An appeal should be filed in person at or by mail or fax to the local office where the claim was filed.

 

b)         The appeal must be filed within 30 days after the Adjudicator's Determination or Finding was mailed or hand delivered to the parties (see Section 2720.10).

 

c)         No special form is necessary to file an appeal to the Referee.  The appeal must comply with the following requirements:

 

1)         The appeal must be in writing, dated and signed by the person appealing or that person's representative; and

 

2)         The appeal must be limited to one claimant and contain the name of the claimant and either the Social Security or Claimant Identification Number of the claimant.

 

d)         An appeal of a labor dispute Determination to a Director's Representative under Section 604 of the Act and Section 2720.275 may be filed by any party to a Determination or an agent representing all members of the affected class of workers by listing either the Social Security or Claimant Identification Numbers of the employees on the appeal.

 

e)         At the request of any appellant, an Adjudicator at the local office where the appeal should be filed pursuant to subsection (a) will assist the appellant in filing the appeal.  The Adjudicator providing assistance and the appellant will sign the appeal.

 

f)         The Department will promptly schedule a hearing before a Referee and, except as provided in Section 2720.201, mail notice of the hearing as provided in Section 2720.205.  (Customarily, notice of hearing will be mailed within 15 days after the filing of the appeal.)

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.201  Application For Electronic Data Transmission Of Notice Of Hearing

 

a)         In lieu of receiving its notice of hearing as a paper document sent through the United States mail, an employing unit (or its authorized agent) may apply to have such document sent to it through electronic data transmission.

 

b)         The Director shall approve such application if the employing unit (or its authorized agent) agrees to:

 

1)         At its own expense, on a daily basis, retrieve its electronically transmitted data from the data center of the Illinois Department of Central Management Services, designated by the Director;

 

2)         Accept the date shown on the agency's records as conclusive evidence of the date that the electronically transmitted data was sent to the data center of the Illinois Department of Central Management Services;

 

3)         Demonstrate to the Director that the volume of hearings at which it has party status justifies the cost to the agency of putting the employing unit (or its authorized agent) on the electronic data transmission system.

 

c)         The Director must also find that the employing unit's (or its authorized agent's) electronic data processing equipment is compatible with that used by the Director.

 

(Source:  Added at 18 Ill. Reg. 16340, effective October 24, 1994)

 

Section 2720.205  Notice of Hearing

 

a)         Written notice of the time, date and place of the hearing shall be mailed to the parties at least 10 days before the date of the hearing.

 

b)         The notice will identify the parties and the Findings or Determination being appealed and will inform the parties of the issues upon which the appeal is based.

 

c)         In the event that a claimant appeals an Adjudicator's Determination regarding a separation issue (Sections 601, 602 and 603 of the Act), and when the employing unit from which the separation occurred is not a party, the employing unit will receive notice of hearing that it may attend as a nonparty and present such facts and evidence as it may possess.

 

d)         No hearing, or part of a hearing, shall be conducted on an issue to which the parties have not been given notice pursuant to subsections (a) and (b) unless the notice is waived by all parties either in writing or on the record.

 

e)         Unless notice is waived under subsection (d), if, during or after the hearing, the Referee determines that the facts require a Decision under a Section of the Act different from the Section specified in the notice given under subsections (a) and (b), or that the notice does not accurately describe the question at issue, then the Referee shall immediately terminate the hearing, if applicable, issue no Decision on the merits for the Section or questions for which proper notice was not given, and shall either:

 

1)         Remand the unresolved issues back to the Claims Adjudicator for a Finding or Determination on the correct issues if facts or issues are introduced that were not previously presented to the Claims Adjudicator; or

 

            EXAMPLE:  The Referee is examining the claimant with respect to the reason for separation from work.  During the course of the hearing, the claimant indicates that he may not be able to work.  Under the circumstances, the Referee shall remand the case to the Claims Adjudicator for a Determination under Section 500 of the Act.

 

2)         Cause new notices containing the correct issues to be mailed to the parties when the facts remain the same as presented to the Claims Adjudicator but the incorrect issue was identified.

 

            EXAMPLE:  Based solely on the testimony of the claimant, the Claims Adjudicator determines that the claimant was discharged from his last job. After hearing testimony from the parties, the Referee decides that the separation was caused by the claimant's voluntary resignation.  Here, if the parties refuse to waive notice, the Referee shall cause new notices containing the correct issue to be mailed to the parties.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.207  Untimely Appeals

 

a)         Whenever it shall appear to the Referee that the appeal was not filed in a timely manner as provided in the Act and no issue relating to timeliness is raised in the letter of appeal, the Referee shall issue his or her decision dismissing the appeal without holding a hearing on the matter.  The Referee shall expedite the processing of cases to which this subsection applies.

 

b)         If a timely appeal is filed with the Board of Review of a decision issued pursuant to subsection (a), the Board of Review shall immediately remand the matter to the Referee for a hearing on the question of the timeliness of the appeal. 

 

(Source:  Added at 33 Ill. Reg. 9623, effective August 1, 2009)

 

Section 2720.210  Preparation for the Hearing

 

a)         Each party shall appear at the hearing before the Referee with witnesses or documents it believes to be necessary to establish or refute allegations set forth in the appeal.

 

b)         The Agency shall provide to a party requiring a foreign language interpreter, at the Agency's expense, an interpreter able and willing to translate verbatim from the witness's language into English and vice versa.  The Referee will administer an interpreter's oath to any interpreter.

 

c)         Upon timely request to the Referee assigned to the case, or his or her supervisor, prior to the beginning of an in-person hearing, a party may inspect the file during the Agency's regular business hours at the office of the Referee assigned to the case.  The Agency will maintain a written record of the date and name of any person inspecting the file.  In the case of a telephone hearing, a file may be inspected at the local office where the claim was filed or at the Agency's main office at 33 S. State, Chicago IL, if the request is made at least 2 working days prior to the hearing; when the request is timely made, the Agency will provide the party making the request with an opportunity to inspect the file at least 24 hours prior to the hearing.

 

(Source:  Amended at 35 Ill. Reg. 6114, effective March 25, 2011)

 

Section 2720.215  Format of Hearings

 

a)         Except as otherwise provided in subsection (b), hearings shall be conducted by telephone.

 

b)         A witness or party may appear in-person, upon the Referee's motion, or upon the request of the witness or party for good cause shown, when the request is received by the Referee prior to the date of the hearing.  When a referee schedules an in-person appearance on his or her own motion, the witness or party may appear by telephone, upon the witness' or party's request, when the request is received by the Referee prior to the date of the hearing, unless the witness is required to appear in person pursuant to this subsection.  A witness or party shall be required to appear in-person if the Referee finds that an in-person appearance is necessary for the furnishing of interpretive services to a party who is hearing or speech impaired, or due to the volume or complexity of the evidence.  If the Referee denies or requires the in-person appearance of a witness or party, the reasons for doing so shall be stated on the record.

 

c)         A party appearing by telephone shall submit to the Referee and any opponent any documents that it intends to introduce at the hearing in time to ensure receipt of the documents before the date of the scheduled hearing.  The documents may be submitted to the Referee by mail or fax at the address or fax number listed on the Notice of Hearing.  Documents may not be submitted to a Referee by e-mail transmission.  Documents submitted to a Referee by e-mail transmission will not be considered.  If a party is appearing by telephone in a matter that has been remanded by either the Board of Review or the Circuit Court and the opposing party was represented by an attorney before the body that ordered the matter remanded, copies of those documents must be served on the attorney for the opposing party.   If the Referee finds that any document introduced or referenced in the course of the hearing was not received, the Referee shall continue the hearing until that document is received or proceed with the hearing with or without the admission of the document.  If the Referee proceeds with the scheduled hearing, the reasons for admitting or not admitting the document shall be stated on the record.

 

d)         This Section shall not apply to appeals of decisions relating to the amount of wages found in a claimant's base period; those cases will be governed by 56 Ill. Adm. Code 2725.200.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.220  Ex Parte (One Party Only) Communications

 

In any contested matter involving more than one party, the Referee shall not communicate, directly or indirectly, in connection with any issue of fact, with any interested person or party except on notice and opportunity for all parties to participate.  [5 ILCS 100/10-60]  If the Referee receives any such ex parte (with one party only) communication, including any documents, he or she shall inform the other parties of the substance of any such oral communication and provide copies of any such written communication or documents as soon as practicable after the communication.  The other party shall be given an opportunity to respond either to any ex parte communication in writing or on the record.  The e-mail address listed on a Notice of Hearing shall be used only to request to appear at a hearing in-person in accordance with Section 2720.215(b), provide contact information in advance of the hearing, request a continuance in accordance with Section 2720.240, or request a reopening in accordance with Section 2720.255.  If their e-mail address is available, the other party opponent, if any, should be copied on any e-mails sent to the e-mail address listed on the Notice of Hearing.  The Department's e-mail system is not secure and so social security numbers must not be included in e-mails to the e-mail address listed on the Hearing Notice (the Claimant ID or docket number should be used instead).

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.225  Subpoenas

 

a)         A party may request the Referee to issue a subpoena to compel the attendance of a witness or the production of documents.  The request shall be made either in writing or on the record.  The Request for Subpoena shall:

 

1)         Identify the witness or documents sought;

 

2)         State the facts that will be proven by each witness and each document sought.

 

b)         The Referee shall grant or deny the request either on the record or in writing.  If the Referee grants the Request for Subpoena, he shall if necessary, reschedule the hearing for a specific date.  The Referee shall deny the Request for Subpoena only if he finds that the evidence sought is immaterial, irrelevant or cumulative.  If the Referee denies the Request for Subpoena, he shall proceed to conduct the hearing.  The specific reasons for the denial shall be part of the record on appeal.

 

c)         If a party, or any person or organization within the control of a party, fails to obey a subpoena of a Referee, the Referee shall treat the evidence required by the subpoena but not produced as establishing the truth of the position of the party who subpoenaed the documents.  If a nonparty fails to obey a subpoena, the party seeking enforcement of the subpoena, or its attorney, shall prepare an application to the circuit court of the county in which the hearing is pending requesting enforcement of the subpoena pursuant to Section 1002 of the Act and shall present the application to the Referee.  If the Referee is satisfied that the subpoena was properly served and that the application is in proper form, the Referee shall sign the application.  The party seeking enforcement of the subpoena, or its attorney, may then file and prosecute the application to the Circuit Court.

 

d)         At the request of the party seeking enforcement of the subpoena to the Circuit Court, all proceedings affected by the subpoena evidence shall be stayed pending judicial resolution of the enforcement issue.

 

(Source:  Amended at 11 Ill. Reg. 14338, effective August 20, 1987)

 

Section 2720.227  Depositions

 

a)         The Referee or the Director's Representative if the issue is Section 604 before whom an eligibility issue is pending shall order the taking of the deposition, specifying the subject matter to be covered, of a person other than the appellant, under oral examination or written questions for use as evidence at the hearing, provided:

 

1)         It appears to the Referee that the deposition of the person is necessary for the preservation of relevant testimony because of the substantial possibility it would be unavailable at the time of the hearing (such as when a witness has a scheduled vacation, out of town business trip or job interview set for the date of the hearing); and

 

2)         The request is made on motion by a party who gives notice of the motion to all other parties to the issue.

 

b)         The taking of depositions shall be in accordance with the provisions for taking depositions in civil cases (IL Sup. Ct. Rules 203 through 217), and the order for the taking of a deposition may provide that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place.

 

c)         Any other parties to the issue shall have the right to confront and cross-examine any witness whose deposition is taken.  The other parties may waive these rights in writing, filed with the Referee.

 

d)         Depositions shall be taken in the county of residence or employment of the witness, as specified in Rule 203 of the Illinois Supreme Court, unless the witness waives these rights in writing.

 

e)         No deposition shall be allowed in any proceeding under Section 800 or 801 of the Act, except as provided herein.

 

f)         Failure to obey an order for deposition shall result in the same sanctions as provided in Section 2720.225 for failure to comply with a subpoena.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.230  Consolidation Or Severance Of Proceedings

 

a)         The Referee shall, on his own motion or request of a party, consolidate hearings if he finds that the hearings involve a common question of law or fact, that consolidation will expedite the hearings, and that no right of any party will be prejudiced.

 

b)         Prior to consolidation, all parties shall be given notice of the motion to consolidate in writing or on the record and shall be given an opportunity to be heard on the motion in writing or on the record.

 

c)         The Referee shall sever cases previously consolidated if he finds that the conditions in subsection (a) have not been satisfied.

 

Section 2720.235  Withdrawal Of Appeal

 

The appellant may voluntarily withdraw his appeal by signed written statement filed with the Referee or by oral statement on the record at any time before the Referee's decision is issued.  All parties will receive written notice of the withdrawal.

 

Section 2720.240  Continuances

 

a)         The Referee to whom the appeal was assigned, or a hearings supervisor if the Referee is not available, shall grant a continuance requested by a party only for "exceptional reasons".  The request must be made in person, by telephone, or in writing by mail, fax or e-mail.  The request must be received prior to the conclusion of the hearing.  A request for continuance received after the conclusion of the hearing will be treated as a request for reopening in accordance with Section 2720.255. "Exceptional reasons" are limited to:

 

1)         Compassionate Grounds:

 

A)        Medical reasons that prevent the individual from appearing if the Referee is provided with proper documentation or proof of those reasons, including but not limited to a previously scheduled medical appointment; or

 

B)        Medical emergency or death in the family;

 

2)         Unforeseen circumstances such as accident, flood, fire, civil disorder, public utility emergency, military necessity, or other insuperable interference;

 

3)         A demand by a party to obtain legal representation or to inspect the case file, provided that it is shown at the time of the request that due diligence was exerted to obtain that representation or to inspect the file;

 

4)         The claimant is employed, is scheduled for an employment interview, or is participating in a training program approved for him or her by the Director under the provisions of Section 500C5 of the Act at the time of the hearing and cannot reasonably appear at the hearing either in person or by telephone;

 

5)         When a party's attorney has a conflict in his or her schedule because he or she has an appointment with a client, a court appearance or comparable matter scheduled for the same time as the hearing before the Referee and the attorney cannot reasonably appear at the hearing before the Referee and cannot reasonably find a substitute counsel;

 

EXAMPLE:  A continuance is requested because a party's attorney has a conflict in his schedule because he has a court appearance scheduled for the same time as the hearing before the Referee. The court appearance is for a routine matter, such as an agreed motion or a status call, which could be handled by another member of the attorney's firm. Such a conflict will not constitute good cause for a continuance.  It will be incumbent on the attorney to reschedule his court appearance or obtain substitute counsel to appear in his stead before the Referee.

 

6)         The employer's representative or witness is unable to appear either in person or by telephone due to a plant shutdown for vacation, inventory or holiday that is provided for by a collective bargaining agreement or the employer's custom and the Referee is provided with documentation of that contract agreement or custom;

 

7)         A party is unable to attend the hearing either in person or by telephone due to a conflicting legal or regulatory requirement, including but not limited to jury duty; or

 

8)         When, at the same time as the hearing before the Referee, a party's representative is scheduled to participate in another hearing before a Referee or Director's representative and no other reasonable accommodation can be made, on the condition that the representative notifies the Department of the conflict no later than five working days after issuance of the hearing notice that should have made the conflict patently evident.

 

b)         In the event that a continuance is granted, the hearing will be set for the earliest available time and date, but, absent exceptional reasons, no more than seven days after the scheduled hearing.  The Department will inform the parties of the date, time and place of the continued hearing either orally or in writing.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.245  Conduct of Hearing

 

a)         The Referee will control the hearing,  will be confined to the factual and/or legal issues on appeal, and will ensure that the parties have a full opportunity to present all evidence and testimony regarding those issues.

 

b)         Following examination of each witness by the Referee, that witness may be questioned and cross-examined by any other party and further questioned by the Referee, if necessary, to ensure clarity and completeness of the issues and of the record.  The Referee shall ensure that the parties have full opportunity to present all evidence and testimony regarding the factual and/or legal issues on appeal.

 

c)         If any person becomes abusive or disruptive so that a full and fair hearing cannot be conducted, the Referee shall exclude the person from the hearing.  The Referee will then continue the hearing without the participation of the excluded individual, and will render a decision based on the evidence in the record.

 

d)         The Director shall prohibit any individual from representing a party in a proceeding under this Part if the Director finds that the individual is or has been guilty of violating the standards in Rule 8.4 of the Illinois Rules of Professional Conduct, Article 8 of the Rules of the Illinois Supreme Court or has intentionally disregarded the provisions of the Act or rules promulgated under the Act, or the written instructions of the Board of Review.  The prohibition shall be in writing and shall be applicable for a period not to exceed 120 days from the date the decision is mailed to the party.  The individual may appeal the Director's Decision under the Administrative Review Law [735 ILCS 5/Art. III].

 

e)         Unless agreed to by all parties in writing or on the record, no bifurcated (split) hearings shall be held.

 

            EXAMPLE:  The appellant appears at the scheduled hearing, and his testimony is taken by the referee; the appellee fails to appear but later requests and is granted a reopened hearing. At the reopened hearing, only the appellee appears.  This situation shall not constitute a bifurcated hearing.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.250  Rules of Evidence

 

a)         Technical rules of evidence do not apply to hearings before Referees. Unobjected to hearsay statements may be considered and given their natural probative value.  However, the decision of the Referee will be based on the preponderance of the credible, legally competent evidence in the record. 

 

b)         Except for evidence or testimony that would be cumulative or irrelevant to the issue or issues on appeal, the Referee will not, on his or her own initiative, refuse to admit evidence or testimony.

 

EXAMPLE:  During a hearing, the claimant testifies to something that is considered hearsay under the rules of evidence. If the employer does not object, the Referee should allow the claimant to continue his or her testimony uninterrupted. The Referee should then question the employer about the claimant's testimony and then weigh the credibility of both sides.

 

c)         The Referee may, but need not, rule on any objection to the introduction of evidence or testimony, and the Referee will ensure that all objections are duly noted and made part of the record.  If the Referee sustains an objection to the introduction of evidence, the Referee will allow the proponent to make an offer of proof in the form of a brief explanation of what the evidence or testimony would show. The Referee may require that an offer of proof be presented in a condensed form to avoid needless repetition and undue length of the hearing record. Any evidence excluded by the Referee will, nevertheless, be placed in the record so that the question of its admissibility may be considered by the Board of Review or a reviewing court.

 

EXAMPLE 1:  During a hearing, the claimant testifies to something that would be considered hearsay under the rules of evidence. The employer's attorney objects on the basis of hearsay. At this point, the Referee can either note the objection but allow the claimant to continue with testimony or rule on the admissibility of the claimant's testimony. If the Referee rules on the employer's objection, and finds the testimony inadmissible, the Referee should allow the claimant to explain what the testimony would show to preserve the claimant's right to appeal the issue.

 

EXAMPLE 2:  During a hearing, the employer attempts to introduce a written statement from a witness who is not present. In the statement, the witness writes that that he observed the claimant violate a rule of the employer. The claimant's attorney objects to the introduction of the written statement as hearsay. The Referee decides to sustain the objection and exclude the written statement. At this point, the Referee should mark the written statement as an exhibit, indicate that the exhibit is not in evidence, and place it into the record.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.255  Failure of Party to Appear at the Scheduled Hearing

 

a)         Failure of the appellant to appear at the hearing at the time the hearing is scheduled before the Referee will result in a dismissal of the appeal.  If the hearing is scheduled to be conducted by telephone or the appellant has been allowed or required to appear by telephone, failure of the appellant to inform the Referee of the telephone number at which he or she can be reached at that time or to answer the telephone at that number will also result in dismissal of the appeal.

 

b)         Failure of the appellee to appear at the hearing at the time the hearing is scheduled or, if a hearing is scheduled to be conducted by telephone or the appellee has been allowed or required to appear by telephone, failure of the appellee to inform the Referee of the telephone number where he or she can be reached at that time, or to answer the telephone at that number, will cause the Referee to issue a decision based on the evidence introduced by the appellant at the hearing and the evidence in the record.

 

c)         Failure of any witness to appear at the hearing at the time that the hearing is scheduled or, if the hearing is scheduled to be conducted by telephone or the witness has been allowed or required to appear by telephone, a party's failure to inform the Referee of the telephone number at which the Referee can, at the time of the hearing, reach the witness, or the witness' failure to answer the telephone at the number given to the Referee by the party seeking the witness' testimony, shall cause the Referee to conduct the hearing with those parties and witnesses who appeared in person or were available by telephone and to make his or her decision based on the available testimony and evidence in the record.

 

d)         If any party or witness shall refuse to consent to the tape recording of the hearing by the Referee or refuse to take the oath or affirmation when requested by the Referee, the participation of that individual in the hearing shall be terminated and the hearing shall be conducted as if the individual failed to appear.

 

e)         If a party fails to appear and an adverse decision is rendered, that party may, by letter or on the record, request rehearing of the appeal from the Referee or from his or her supervisor, provided that party has not filed an appeal to the Board of Review pursuant to Section 2720.300.  In the event that such an appeal to the Board of Review has been filed, the rehearing request will be denied.   The following procedure shall be used:

 

1)         Requests to rehear the appeal must be filed no later than 10 days after the hearing or the date the party first knew or should have known of the scheduled hearing, whichever is later, but in no event beyond the time for filing a timely appeal to the Board of Review pursuant to Section 2720.300(a); e.g., the appellant does not attend a hearing because he or she claims not to have received notice of the hearing, he or she does, however, receive a decision that his or her appeal has been dismissed for failing to appear at the hearing, his or her request for rehearing must be filed within 10 days after this decision because, as a result of the dismissal of his or her appeal, he or she should have known that he or she missed the scheduled hearing.  The requests must state the facts showing that failure to appear at the scheduled hearing was either due to not having received timely notice of the hearing or for an "exceptional reason" as set forth in Section 2720.240 and that either a request for continuance under that Section was improperly denied or the failure to make the request for a continuance was caused by reasons outside of the control of the party and by circumstances that could not have been foreseen and avoided.  Upon a party's request, the party shall be treated as not having appeared at the hearing before the Referee and a rehearing shall be granted if, in making the request, the party shows that, at the time of the hearing, the party's Representative was participating in another hearing before a Referee or Director's representative, the conflict was not patently evident prior to the scheduled start of the party's hearing, and no other reasonable accommodation could be made; except with respect to the facts required to be shown, the request must be consistent with all other provisions of this subsection (e).

 

2)         Based on the statements in the request and the facts of the record:

 

A)        If the request meets the requirements of subsection (e)(1), a hearing shall be scheduled with notice to all parties (see Section 2720.205); or

 

B)        If the request fails to meet the requirements of subsection (e)(1), the request shall be denied and a written decision setting forth the reasons for the denial shall be issued.  In these cases, if an adverse decision on the merits was issued, a timely appeal to the denial of a timely request for rehearing shall also constitute a timely appeal on the merits of the matter.

 

3)         At the start of the hearing, any party may present its objections to the request.  The Referee will consider all objections and responses and supporting evidence, if any, and will grant or deny the request for a rehearing at that time based on the preponderance of the evidence.  If the Referee denies the request, he or she will terminate the proceedings.  If the Referee grants the request, he or she will proceed to conduct a hearing on the merits.

 

4)         If there is an objection to the request, the Referee's ruling will be on the record, and will state the reasons for the ruling that grants or denies the request. All denials of requests for rehearing shall be in writing.

 

5)         If the party disagrees with the denial of the request for rehearing, he or she must appeal the denial within the time and in the manner set forth in Section 2720.300.

 

6)         A decision to grant a rehearing is not immediately subject to appeal but may be raised by the aggrieved party if an appeal is filed to the decision on the merits of the matter.

 

            EXAMPLE:  A decision is made to grant a rehearing to an appellant. After the rehearing, a decision is made in favor of the appellant.  The appellee may appeal this decision to the Board of Review.  In his appeal to the Board of Review, the appellee (now the appellant) may request that the Board of Review rule on the propriety of the granting of the rehearing before it goes to the merits of the matter.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.265  The Record

 

A complete record will be kept of all proceedings before the Referee.  The record will consist of a digital recording and/or tape recording of testimony of the parties and their witnesses, and the digital and/or paper copy of all documents introduced into evidence, all notices, written motions or requests, decisions, findings of fact, and reports of investigations by the Adjudicator, Referee or Board of Review relating to the factual and/or legal issues on appeal.

 

(Source:  Amended at 21 Ill. Reg. 9441, effective July 7, 1997)

 

Section 2720.270  Referee's Decision

 

The Referee's Decision will include findings of fact and conclusions of law, separately stated and based on the preponderance of the credible, legally competent evidence in the record.  The Department will mail a written copy of the Department's Decision to the parties (see Section 2720.1) and to nonparty employers pursuant to Section 2720.205(c). (Customarily, a decision will be mailed within 45 days after the date of filing of the appeal.)

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.275  Labor Dispute Appeals

 

a)         Appeals from an Adjudicator's Determination regarding eligibility under Section 604 of the Act relating to unemployment due to a labor dispute shall be heard by the Director or a Director's Representative.

 

b)         All procedural provisions of Subpart C, except for requests for rehearings, shall be applicable to the labor dispute proceedings.

 

c)         After the completion of a hearing regarding any matter under the provisions of Section 604 of the Act, the Director's Representative shall issue a written report to the Director containing a Recommended Decision stating a factual and legal basis for it.  A copy of the report and Recommended Decision shall be mailed to all parties and their designated representatives.

 

d)         Within 10 days after the mailing of the report and Recommended Decision, any party may file written objections to it with the Director's Representative.  After receipt of the report and Recommend Decision and objections or if no objections are filed within the time provided, the Director shall make a Decision affirming, modifying, or setting aside the Recommended Decision or remanding the proceedings with instructions.

 

(Source:  Added at 11 Ill. Reg. 14338, effective August 20, 1987)

 

Section 2720.277  Prehearing Conference in Labor Dispute Appeal

 

a)         In any case arising under the provisions of Section 604 of the Act, the Director or the Director's Representative shall hold a prehearing conference if it will expedite the hearing.

 

b)         All parties shall be given notice of the prehearing conference, and the following items shall be considered at the conference:

 

1)         Simplification of the issues;

 

2)         The possibility of obtaining admissions of fact and documents that will avoid unnecessary proof at the hearing;

 

3)         The limitation on the number of witnesses or the scope of their testimony.

 

c)         After the conference, the Director or the Director's Representative shall issue an agreed order or stipulation either in writing or on the record that recites any action taken at the prehearing conference and identifies theissues for hearing that were not disposed of at the conference.  The order or stipulations shall be made part of the record.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

SUBPART D: APPEALS TO THE BOARD OF REVIEW

 

Section 2720.300  Filing of Appeal

 

a)         Any party may appeal a Referee's Decision.  An appeal shall be filed in person, by fax or by mail.  The appeal must be filed within 30 days after the Referee's Decision has been mailed to the parties.  The appeal should be filed at the address shown on the Referee's Decision.

 

b)         No special form is necessary to file an appeal to the Board of Review.  The appeal should:

 

1)         Be in writing, dated and signed by the person appealing or that person's representative;

 

2)         Contain the docket number of the Referee's Decision, the name of the claimant and either the Social Security or Claimant Identification Number of the claimant;

 

3)         set forth the parts of the decision with which the appealing party disagrees and the specific reasons for that disagreement.

 

c)         Any person may request help to write an appeal from the staff of the local office where the claim was filed.  Timely filing of an appeal at the local office will be deemed timely filing of an appeal.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.305  Notice of Appeal

 

Written notice of the Appeal to the Board of Review will be mailed to the parties or their duly designated representatives and to nonparty employers in accordance with the provisions of Section 2720.205(c).  Each notice of appeal will state the issues involved in the appeal, the date of filing of the appeal, and the appellant's right to apply for a Notice of Right to Sue as provided in Section 2720.345.

 

(Source:  Amended at 11 Ill. Reg. 18671, effective October 29, 1987)

 

Section 2720.310  Request for Oral Argument

 

The Board of Review shall decide a case on the record as defined in Section 2720.265 without oral argument or shall grant oral argument where it is necessary or appropriate for a full and fair disposition of the appeal, as follows:

 

a)         Upon filing an appeal to the Board of Review, or, if the requesting party is the appellee, within 7 days after mailing of the Notice of Appeal, a party may request in writing that the Board hear oral argument. The requesting party must certify in writing that he or she has served a copy of his or her request for oral argument to all other parties.

 

b)         Thereafter, the Board will promptly grant or deny the request (customarily within 30 days after the request).  If the request is denied, the Board will issue its decision based on the record.  Its decision will also contain the reasons for the denial of the request.  If the request is granted, the Board will inform the parties in writing and will order such hearing as is necessary for a full and fair disposition of the appeal.

 

c)         Request for Oral Argument by an appellee must contain the Board of Review Docket Number assigned to the matter, as set forth in the Notice of Appeal.

 

(Source:  Amended at 33 Ill. Reg. 9623, effective August 1, 2009)

 

Section 2720.315  Submission of Written Argument or Request to Submit Additional Evidence

 

a)         A party may inspect or request a transcript of the hearing or a copy of the file as provided in this subsection. The appellant shall have 15 days after the appeal is filed to request a transcript of the hearing or a copy of the file. The appellee shall have 7 days after the mailing of the Notice of Appeal to request a transcript of the hearing or a copy of the file.  In the event only a transcript is initially sought and obtained, a later request for a copy of the file must be made within 7 days after the date the transcript is mailed or made available for inspection.  The Board of Review shall make the file available to the parties during the Department's regular business hours.

 

b)         A party may file a written argument to the Board of Review as provided in this subsection. The Board of Review shall not consider any written argument, response, or reply unless the submitting party has certified that it served a copy of the written argument on the opposing party.1)     If a request for inspection of a transcript or a copy of the file has been timely made, the parties shall have 10 days after the date that the transcript or file is mailed or made available for inspection, whichever is later, to file a written argument to the Board of Review.  The submitting party shall certify that it served a copy of the written argument on the opposing party.

 

2)         If a request for an inspection or a transcript of the hearing or a copy of the file has not been timely made, the appellant shall have 15 days after the appeal has been filed and the appellee shall have 7 days after the date of mailing of the Notice of Appeal to file a written argument with the Board of Review. The submitting party shall certify that it served a copy of the written argument on the opposing party.

 

3)         If the opposing party wishes to file a response, it must file with the Board and serve on the submitting party any response within 7 days after the submitting party's written argument was mailed to the opposing party.

 

4)         If the submitting party wishes to file a reply, it must file with the Board and serve on the opposing party any reply within 5 days after the opposing party's response was mailed to the submitting party.

 

c)         The Board of Review will consider requests to submit additional evidence submitted by the appellant within 15 days after the date an appeal is filed or by the appellee within 7 days after the date of mailing of the Notice of Appeal.  In the event a transcript or copy of the file is sought, the request to submit additional evidence shall be filed no later than 10 days after the date the transcript or copy of the file is mailed or made available for inspection, whichever is later.  The requesting party shall certify that it served a copy of its request on the opposing party.

 

1)         A request to submit additional evidence must include:

 

A)        A summary of the evidence to be introduced; and

 

B)        An explanation showing that the requesting party, for reasons not its fault and outside its control, was unable to introduce the evidence at the hearing before the Referee.

 

2)         If the party that filed a request to submit additional evidence, or its witness, failed to appear at a scheduled hearing, the Board shall not consider that party's request to submit additional evidence unless that party can show that:

 

A)        it did not receive timely notice of the hearing;

 

B)        its failure to appear at the hearing was due to circumstances beyond its control; or

 

C)        that it requested a continuance before the conclusion of the hearing, that was denied.

 

3)         If the opposing party desires to file a response, it must file with the Board and serve on the requesting party any written response within 7 days after the request to submit additional evidence was mailed to the opposing party.

 

4)         If the requesting party desires to file a reply, it must file with the Board and serve on the opposing party any written reply within 5 days after the opposing party's response was mailed to the requesting party.

 

5)         A ruling by the Board of Review to deny a request to submit additional evidence will be announced in its decision. If the Board of Review grants the request, the parties will be notified in the Board of Review's decision or by separate written correspondence, which shall specify the time, place and manner in which the evidence is to be submitted. The Board of Review shall include a finding of facts and reasons for the grant or denial.

 

d)         At the request of the party and for good cause shown, the Board will grant a reasonable extension of time within which to submit a written argument or request to submit additional evidence.  No extension shall be for less than 7 days nor more than 30 days.

 

e)         All notices, written arguments, requests to submit additional evidence, responses and replies must contain the Board of Review Docket number assigned to the matter, as set forth in the Notice of Appeal (see Section 2720.25).

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.320  Access To Record

 

Upon reasonable notice, either written or oral, to the Board of Review, a party may inspect the file during normal business hours at the office of the Board.  A party may also obtain a copy of the record at the party's own expense at the cost of $.25 per page.

 

(Source:  Amended at 11 Ill. Reg. 18671, effective October 29, 1987)

 

Section 2720.325  Withdrawal Of Appeal

 

The appellant may voluntarily withdraw his appeal by signed written statement filed with the Board of Review at any time before the Board's decision is issued.  All parties will receive notice of the withdrawal.

 

Section 2720.330  Consolidation Or Severance Of Appeals

 

a)         The Board shall, on its own motion or at the request of any party, consolidate appeals if it finds that the appeals involve common questions of law or facts, that consolidations will expedite the disposition of the appeals, and that no rights of any party will be prejudiced.

 

b)         Prior to consolidation, all parties shall be given notice of the motion to consolidate in writing or on the record and shall be given an opportunity to be heard on the motion in writing or on the record.

 

c)         The Board shall sever cases previously consolidated if it finds that the conditions in subsection (a) have not been satisfied.

 

Section 2720.335  Decision of the Board of Review

 

The decision of the Board of Review will set forth, in writing, the factual and legal basis for its decision.  The Board of Review shall cause a written copy of its decision to be mailed to the parties under Section 2720.1, and/or their representatives under Section 2720.5(c), and to nonparty employers (see Section 2720.205(c)) within the time limits specified in Section 803 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)

 

Section 2720.340  Extensions Of Time In Which To Issue A Board Of Review Decision

 

Section 803 of the Act requires that the Board of Review shall issue its Decision within 120 days of the date of filing of the appeal to the Board. However, an extension of up to 30 days shall be granted upon the written request of a party, addressed to the Board of Review, if the party states that the additional time is necessary for the submission of its written argument or in order to submit additional evidence.  Notice of Approval of an Extension shall be given to the other party or to the non-party employer by the Board of Review.

 

(Source:  Added at 11 Ill. Reg. 14338, effective August 20, 1987)

 

Section 2720.345  Issuance Of Notice Of Right To Sue

 

a)         If at the expiration of 120 days from the date of the filing of the appeal or after the expiration of an extension issued pursuant to Section 2720.340, whichever is later, the Board of Review has failed to issue its Decision, the appellant may file a written request, by certified mail, return receipt requested, for a Notice of Right to Sue.

 

b)         Upon receipt of a request for a Notice of Right to Sue, the Board of Review shall either issue a Notice of Right to Sue, shall issue its Decision, or take no action.

 

c)         If the Board of Review neither issues a Notice of Right to Sue nor its Decision within 14 days of the date of filing of the request for a Notice of Right to Sue, the Decision of the Referee shall be final and the appellant shall have a right to seek judicial review under the Administrative Review provisions in Article III of the Code of Civil Procedure.  Any Decision of the Board of Review issued after the expiration of this 14 day period shall be null and void.

 

d)         If the Board of Review issues a Notice of Right to Sue, the party to whom it is issued shall have 35 days from the date of mailing of the Notice in which to commence an action for judicial review.  If the Board of Review fails to issue a Decision or a Notice of Right to Sue, the appellant shall have 35 days from the day following the 14th day after it filed its request for a Notice of Right to Sue in which to commence an action for judicial review.

 

(Source:  Added at 11 Ill. Reg. 14338, effective August 20, 1987)