Section 2765.335  Procedural Requirements And Right Of Appeal

a)         Pursuant to Section 701 of the Act, whenever the Claims Adjudicator decides that an employer is the "last employer" of an individual (employer subject to benefit charges or payments in lieu of contributions) as provided in this Subpart, he shall promptly notify the employer of this decision.  With respect to benefit years beginning on or after January 1, 1993, such decision shall apply to the week beginning with the effective date of the claim and each week thereafter until the claims adjudicator finds that the individual is no longer unemployed.

Example:  An individual files a claim with a benefit year beginning date of January 10, 1993, and Company A is notified that it is the "last employer". The employer fails to file a timely request for reconsideration of this decision.  The individual is then paid benefits for the period from January 10, 1993 through January 30, 1993.  Company A is the chargeable employer for this period.  The individual returns to work for Company A and earns over his weekly benefit amount for the week ending February 6, 1993.  He is then laid off of work and files an additional claim beginning February 7, 1993.  Company A is notified that it is the "last employer" with respect to this claim.  Company A can file a timely request for reconsideration of this decision.  However, this request will affect only weeks after February 6, 1993.

b)         If the employer disagrees with the decision of the claims adjudicator that he is the "last employer," the employer must file a written request for reconsideration of this decision within 10 days of the date of mailing of the decision.

c)         A request for reconsideration of the decision of the claims adjudicator must comply with the requirements of 56 Ill. Adm. Code 2720.130 and specify the full name and social security number of the individual and the reasons why the employer believes that it is not the chargeable employer under this Subpart.

d)         After reviewing the allegations of the employer and any other relevant facts in the record, the claims adjudicator shall issue a reconsidered decision.  If the employer disagrees with the reconsidered decision of the claims adjudicator that he is the chargeable employer, the employer must file a written appeal of this reconsidered decision within 30 days of the date of mailing of the reconsidered decision or that reconsidered decision will become final.

e)         An Application made pursuant to Section 1058 of the Act and 56 Ill. Adm. Code 2725.100 regarding revision of the "Statement of Benefit Charges," which includes benefit charges which the employer believes are incorrect because it is not the chargeable employer shall be sufficient only if such Application contains a reference to and a copy of the decision which reverses the claims adjudicator and holds that the employer is not the chargeable employer.  These same requirements must be met by an employer which is questioning payments in lieu of contributions on its "Statement of Amount Due for Benefits Paid."

f)          Unless the employer has filed a timely request for reconsideration to the decision that the claims adjudicator has found it to be the chargeable employer, pursuant to this Subpart, such employer shall not be entitled to a revision of its "Statement of Benefit Charges" under 56 Ill. Adm. Code 2725.100 nor shall it be entitled to a revision of the amounts shown on its "Statement of Amount Due for Benefits Paid" for payments in lieu of contributions.

Example:  Employer A is notified that it is the chargeable employer with respect to a week paid to an individual in a benefit year beginning on or after January 1, 1993.  The employer does not request reconsideration of this decision.  Several weeks later, this employer is served with its "Statement of Benefit Charges" for the weeks paid to this individual.  At this time, the employer requests a revision of the "Statement" on the grounds that this individual did not perform services for it for 30 days prior to the beginning of the weeks for which it is being charged.  This employer shall not be entitled to a revision of these charges because it failed to file a timely request for reconsideration of the initial decision that it was the chargeable employer.

g)         Appeals of decisions under this Section shall be filed with the local office where the original decision was made.

h)         The conduct of the hearing shall be the same as that provided under Section 2200 of the Act and 56 Ill. Adm. Code 2725.

(Source:  Amended at 17 Ill. Reg. 614, effective January 4, 1993)