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

a)         Except as provided for in subsection (a)(1), the Board of Review will consider written argument submitted to the Board within 15 days after the appeal has been filed, or, if the written argument is submitted by the appellee, within 7 days after the date of mailing of the Notice of Appeal.  The Board of Review shall make the entire file of the proceedings in question available to the parties to prepare such written argument as they wish to file.

1)         In the event that a transcript or copy of the file is sought by the appellant, the request for a transcript or a copy of the file must be made within 15 days after the appeal is filed, or, if the request is made by the appellee, within 7 days after the mailing of the Notice of Appeal.  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.  Any written argument shall be filed with the Board no later than 10 days after the date that the transcript or file is mailed or made available for inspection, whichever is later.  The submitting party shall certify that it served a copy of the written argument on the opposing party.

2)         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 arguments were mailed to the opposing party.

3)         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.

b)         The Board of Review will consider requests to submit additional evidence if the requests are 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 party must show that either it did not receive timely notice of the hearing, that its failure to appear at the hearing was due to circumstances beyond its control or that it requested a continuance before the conclusion of the hearing, which was denied.

3)         The opposing party may 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)         The requesting party may 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)         The Board of Review shall grant or deny the requests in writing with a finding of facts and reasons for the grant or denial.  In the event a request to submit additional evidence is granted, the Order granting the request shall specify the time, place and manner in which the evidence is to be submitted.

c)         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.

d)         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 33 Ill. Reg. 9623, effective August 1, 2009)