Illinois General Assembly - Full Text of SB2019
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2019  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Ram Villivalam


820 ILCS 405/800  from Ch. 48, par. 470
820 ILCS 405/801  from Ch. 48, par. 471

    Amends the Unemployment Insurance Act. Provides that specified determinations by the Director of Employment Security or a Referee may be appealed within 120 calendar days (rather than 30 calendar days).

LRB103 27291 SPS 53662 b





SB2019LRB103 27291 SPS 53662 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unemployment Insurance Act is amended by
5changing Sections 800 and 801 as follows:
6    (820 ILCS 405/800)  (from Ch. 48, par. 470)
7    Sec. 800. Appeals to referee or director. Except as
8hereinafter provided, appeals from a claims adjudicator shall
9be taken to a Referee. Whenever a "determination" of a claims
10adjudicator involves a decision as to eligibility under
11Section 604, appeals shall be taken to the Director or his
12representative designated for such purpose. Unless the
13claimant or any other party entitled to notice of the claims
14adjudicator's "finding" or "determination," as the case may
15be, or the Director, within 120 30 calendar days after the
16delivery of the claims adjudicator's notification of such
17"finding" or "determination," or within 120 30 calendar days
18after such notification was mailed to his last known address,
19files an appeal therefrom, such "finding" or "determination"
20shall be final as to all parties given notice thereof.
21(Source: P.A. 81-1521.)
22    (820 ILCS 405/801)  (from Ch. 48, par. 471)



SB2019- 2 -LRB103 27291 SPS 53662 b

1    Sec. 801. Decision of referee or director.
2    A. Unless such appeal is withdrawn, a Referee or the
3Director, as the case may be, shall afford the parties
4reasonable opportunity for a fair hearing. At any hearing, the
5record of the claimant's registration for work, or of the
6claimant's certification that, during the week or weeks
7affected by the hearing, he was able to work, available for
8work, and actively seeking work, or any document in the files
9of the Department of Employment Security submitted to it by
10any of the parties, shall be a part of the record, and shall be
11competent evidence bearing upon the issues. The failure of the
12claimant or other party to appear at a hearing, unless he is
13the appellant, shall not preclude a decision in his favor if,
14on the basis of all the information in the record, he is
15entitled to such decision. The Referee or the Director, as the
16case may be, shall affirm, modify, or set aside the claims
17adjudicator's "finding" or "determination," or both, as the
18case may be, or may remand the case, in whole or in part, to
19the claims adjudicator, and, in such event, shall state the
20questions requiring further consideration, and give such other
21instructions as may be necessary. The parties shall be duly
22notified of such decision, together with the reasons therefor.
23The decision of the Referee shall be final, unless, within 120
2430 calendar days after the date of mailing of such decision,
25further appeal to the Board of Review is initiated pursuant to
26Section 803.



SB2019- 3 -LRB103 27291 SPS 53662 b

1    B. Except as otherwise provided in this subsection, the
2Director may by regulation allow the Referee, upon the request
3of a party for good cause shown, before or after the Referee
4issues his decision, to reopen the record to take additional
5evidence or to reconsider the Referee's decision or both to
6reopen the record and reconsider the Referee's decision. Where
7the Referee issues a decision, he shall not reconsider his
8decision or reopen the record to take additional evidence
9after an appeal of the decision is initiated pursuant to
10Section 803 or if the request is made more than 120 30 calendar
11days, or fewer days if prescribed by the Director, after the
12date of mailing of the Referee's decision. The allowance or
13denial of a request to reopen the record, where the request is
14made before the Referee issues a decision, is not separately
15appealable but may be raised as part of the appeal of the
16Referee's decision. The allowance of a request to reconsider
17is not separately appealable but may be raised as part of the
18appeal of the Referee's reconsidered decision. A party may
19appeal the denial of a timely request to reconsider a decision
20within 120 30 calendar days after the date of mailing of notice
21of such denial, and any such appeal shall constitute a timely
22appeal of both the denial of the request to reconsider and the
23Referee's decision. Whenever reference is made in this Act to
24the Referee's decision, the term "decision" includes a
25reconsidered decision under this subsection.
26(Source: P.A. 88-655, eff. 9-16-94.)