Section 1200.190  Appeal Process

a)         General

The appeal processes set forth in this Section shall be informal in nature and not subject to the Administrative Review Law [735 ILCS 5/Art. III].

b)         Right to Meeting

1)         The LRA, or the designated representative, has a right to a meeting with DSCC with respect to any adverse eligibility determinations set forth in a Notice of Determination issued pursuant to Section 1200.180.

2)         The request must be made in writing and must identify the decision being questioned.

3)         The request must be made within 30 days after receipt of the Notice of Determination.

4)         DSCC shall contact the LRA, or the designated representative, within 10 days after receipt of the request, to schedule a meeting date, time and place.

5)         Within 10 days after the meeting, DSCC shall notify the LRA or the designated representative of the result of the meeting, the specific reasons for the decision, and any applicable effective dates of the decision (see Section 1200.180).  For adverse eligibility determinations, the notice shall also contain an explanation of the LRA's right to a conference pursuant to subsection (c).

6)         The Director shall not take part in this meeting or the resulting decision.

7)         Unless the meeting decision is appealed pursuant to subsection (c), the meeting decision is final.

c)         Right to Conference

1)         The LRA, or designated representative, has a right to appeal the subsection (b) meeting decision to the Director or designee in a conference with the Director or designee. 

2)         The request for a conference must be made in writing and must identify the specific meeting decision being appealed.

3)         The request must be made within 30 days after receipt of the subsection (b) meeting decision.

4)         DSCC shall contact the LRA or designated representative, within 10 days after receipt of the request, to schedule a conference date, time and place.

5)         The Director or designee shall consider the subsection (b) meeting decision, any written material presented at the subsection (b) meeting, any evidence presented at the conference, and any other information the Director or designee obtains through a third party report or investigation of the issues raised by the appeal.

6)         Within 10 days after the appeal conference, DSCC shall notify the LRA of the result of the appeal conference, the specific reasons for the decision, and any applicable effective dates of the decision (see Section 1200.180). For adverse eligibility determinations, the notice shall also contain an explanation that the decision is final and cannot be appealed.

7)         The conference decision rendered by the Director or designee is final.

d)         DSCC may deny or dismiss a meeting or conference if:

1)         The LRA or designated representative withdraws the request for the meeting or appeal conference in writing; or

2)         The LRA or designated representative fails without good cause shown to appear at the scheduled meeting or conference.