Section 2712.207  Attorney Eligibility for Requirements

a)         The Director of the Department of Employment Security will contract separately for individuals and small employers with one or more legal service providers who will then be responsible to either hire staff attorneys or for assembling a referral panel of attorneys for providing the legal services pursuant to Section 802 of the Act [820 ILCS 405/802].  Except as provided in subsection (b), the Director shall make no payments for legal services under this Part to anyone other than the legal service providers.

b)         If any individual or small employer is denied legal services by a legal service provider because that individual's or small employer's claim or defense was determined not to be valid and that individual or small employer then hires a private attorney and prevails on that claim or defense, the individual or small employer shall be entitled to reimbursement for the services of the private attorney in an amount not to exceed the maximum fee set forth in Section 2712.210.

c)         All attorneys participating in this program, whether as staff attorneys or referral panelists for a legal services provider or a private attorney must be licensed by the State of Illinois and must carry or must be insured for at least $100,000 in malpractice insurance.

d)         Any legal service provider under this Section must agree to maintain a toll-free number so that claimants and small employers can consult a plan attorney to determine their possible eligibility for the program.

(Source:  Amended at 33 Ill. Reg. 9617, effective July 1, 2009)