Full Text of SB2955 94th General Assembly
SB2955sam001 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2955
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| AMENDMENT NO. ______. Amend Senate Bill 2955 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Sections 702, 703, 705, 706, 800, 801, 802, 803, 805, | 6 |
| 806, 900, 1000, 1001, 1002, 1003, 1004, 1200, 1508, 1508.1, | 7 |
| 1800, 2202, 2203, 2300, and 2306 and adding Section 802.1 as | 8 |
| follows:
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| (820 ILCS 405/702) (from Ch. 48, par. 452)
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| Sec. 702. Determinations. The claims adjudicator shall for | 11 |
| each week
with respect to which the claimant claims benefits or | 12 |
| waiting period
credit, make a "determination" which shall state | 13 |
| whether or not the
claimant is eligible for such benefits or | 14 |
| waiting period credit and the
sum to be paid the claimant with | 15 |
| respect to such week. The claims
adjudicator shall promptly | 16 |
| notify the claimant and such employing unit
as shall, within | 17 |
| the time and in the manner prescribed by the Director,
have | 18 |
| filed a sufficient allegation that the claimant is ineligible | 19 |
| to
receive benefits or waiting period credit for said week, of | 20 |
| his
"determination" and the reasons therefor. In making his
| 21 |
| "determination," the claims adjudicator shall give | 22 |
| consideration to the
information, if any, contained in the | 23 |
| employing unit's allegation,
whether or not the allegation is | 24 |
| sufficient. The claims adjudicator
shall deem an employing |
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| unit's allegation sufficient only if it contains
a reason or | 2 |
| reasons therefor (other than general conclusions of
law, and | 3 |
| statements such as "not actively seeking work" or "not | 4 |
| available
for work" shall be deemed, for this purpose, to be | 5 |
| conclusions of law).
If the claims adjudicator deems an | 6 |
| allegation insufficient, he shall make a
decision accordingly, | 7 |
| and shall notify the employing unit of such
decision and the | 8 |
| reasons therefor. Such decision may be appealed by the
| 9 |
| employing unit to an administrative law judge
a Referee within | 10 |
| the time limits prescribed by Section
800 for appeal from a | 11 |
| "determination". Any such appeal, and any appeal
from the | 12 |
| administrative law judge's
Referee's decision thereon, shall | 13 |
| be governed by the applicable
provisions of Sections 801, 803, | 14 |
| 804 and 805.
| 15 |
| (Source: P.A. 81-1521.)
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| (820 ILCS 405/703) (from Ch. 48, par. 453)
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| Sec. 703. Reconsideration of findings or determinations. | 18 |
| The claims adjudicator may reconsider his finding at any time | 19 |
| within
thirteen weeks after the close of the benefit year. He | 20 |
| may reconsider his
determination at any time within one year | 21 |
| after the last day of the week
for which the determination was | 22 |
| made, except that if the issue is
whether or not, by reason of | 23 |
| a back pay award made by any governmental
agency or pursuant to | 24 |
| arbitration proceedings, or by
reason of a payment of wages | 25 |
| wrongfully withheld by an employing unit, an
individual has | 26 |
| received wages for a week with
respect to which he or she has | 27 |
| received benefits or if the issue is
whether
or not the | 28 |
| claimant misstated his earnings for the week, such reconsidered
| 29 |
| determination may be made at any time within 3 years after the | 30 |
| last
day
of the week. No finding or determination shall be | 31 |
| reconsidered at any time
after appeal therefrom has been taken | 32 |
| pursuant to the provisions of Section
800, except where a case | 33 |
| has been remanded to the claims adjudicator by an |
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| administrative law judge
a
Referee , the Director or the Board | 2 |
| of Review, and except, further, that if
an issue as to whether | 3 |
| or not the claimant misstated his earnings is newly
discovered, | 4 |
| the determination may be reconsidered after and | 5 |
| notwithstanding
the fact that the decision upon the appeal has | 6 |
| become final. Notice of such
reconsidered determination or | 7 |
| reconsidered finding shall be promptly given
to the parties | 8 |
| entitled to notice of the original determination or finding,
as | 9 |
| the case may be, in the same manner as is prescribed therefor, | 10 |
| and such
reconsidered determination or reconsidered finding | 11 |
| shall be subject to
appeal in the same manner and shall be | 12 |
| given the same effect as is provided
for an original | 13 |
| determination or finding.
| 14 |
| (Source: P.A. 92-396, eff. 1-1-02.)
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| (820 ILCS 405/705) (from Ch. 48, par. 455)
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| Sec. 705. Effect of finality of finding of claims | 17 |
| adjudicator, administrative law judge
referee ,
or board of | 18 |
| review - estoppel.
If, in any "finding" made by a claims | 19 |
| adjudicator or in any decision
rendered by an administrative | 20 |
| law judge
a Referee or the Board of Review, it is found that | 21 |
| the claimant
has been paid wages for insured work by any | 22 |
| employing unit or units in his
base period, and such "finding" | 23 |
| of the claims adjudicator or decision of
the administrative law | 24 |
| judge
Referee or the Board of Review becomes final, each such | 25 |
| employing unit
as shall have been a party to the claims | 26 |
| adjudicator's "finding" as
provided in Section 701, or to the | 27 |
| proceedings before the administrative law judge
Referee , or the
| 28 |
| Board of Review, and shall have been given notice of such | 29 |
| "finding" of the
claims adjudicator, or proceedings before the | 30 |
| administrative law judge
Referee or the Board of
Review, as the | 31 |
| case may be, and an opportunity to be heard, shall be
forever | 32 |
| estopped to deny in any proceeding whatsoever that during such | 33 |
| base
period it was an employer as defined by this Act, that the |
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| wages paid by
such employing unit to the claimant were wages | 2 |
| for insured work, and that
the wages paid by it for services | 3 |
| rendered for it by any individual under
circumstances | 4 |
| substantially the same as those under which the claimant's
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| services were performed were wages for insured work.
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| (Source: P.A. 77-1443.)
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| (820 ILCS 405/706) (from Ch. 48, par. 456)
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| Sec. 706. Benefits undisputed or allowed - Prompt payment. | 9 |
| Benefits shall be paid promptly in accordance with a claims
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| adjudicator's finding and determination, or reconsidered | 11 |
| finding or
reconsidered determination, or the decision of an | 12 |
| administrative law judge
a Referee , the Board of
Review or a | 13 |
| reviewing court, upon the issuance of such finding and
| 14 |
| determination, reconsidered finding, reconsidered | 15 |
| determination or
decision, regardless of the pendency of the | 16 |
| period to apply for
reconsideration, file an appeal, or file a | 17 |
| complaint for judicial review,
or the pendency of any such | 18 |
| application or filing, unless and until such
finding, | 19 |
| determination, reconsidered finding, reconsidered | 20 |
| determination or
decision has been modified or reversed by a | 21 |
| subsequent reconsidered finding
or reconsidered determination | 22 |
| or decision, in which event benefits shall be
paid or denied | 23 |
| with respect to weeks thereafter in accordance with such
| 24 |
| reconsidered finding, reconsidered determination, or modified | 25 |
| or reversed
finding, determination, reconsidered finding, | 26 |
| reconsidered determination or
decision. If benefits are paid | 27 |
| pursuant to a finding or a determination, or
a reconsidered | 28 |
| finding, or a reconsidered determination, or a decision of an | 29 |
| administrative law judge
a
Referee , the Board of Review or a | 30 |
| court, which is finally reversed or
modified in subsequent | 31 |
| proceedings with respect thereto, the benefit wages
on which | 32 |
| such benefits are based shall, for the purposes set forth in
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| Section 1502, or benefit charges, for purposes set forth in |
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| Section
1502.1, be treated in the same manner as if such final | 2 |
| reconsidered
finding, reconsidered determination, or decision | 3 |
| had been the finding or
determination of the claims | 4 |
| adjudicator.
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| (Source: P.A. 85-956.)
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| (820 ILCS 405/800) (from Ch. 48, par. 470)
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| Sec. 800. Appeals to administrative law judge
referee or | 8 |
| director. Except as hereinafter
provided, appeals from a claims | 9 |
| adjudicator shall be taken to an administrative law judge
a | 10 |
| Referee .
Whenever a "determination" of a claims adjudicator | 11 |
| involves a decision
as to eligibility under Section 604, | 12 |
| appeals shall be taken to the
Director , who may designate an | 13 |
| administrative law judge to conduct a hearing and issue a | 14 |
| recommended decision
or his representative designated for such | 15 |
| purpose . Unless the
claimant or any other party entitled to | 16 |
| notice of the claims
adjudicator's "finding" or | 17 |
| "determination," as the case may be, or the
Director, within 30 | 18 |
| calendar days after the delivery of the claims
adjudicator's | 19 |
| notification of such "finding" or "determination," or
within 30 | 20 |
| calendar days after such notification was mailed to his last
| 21 |
| known address, files an appeal therefrom, such "finding" or
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| "determination" shall be final as to all parties given notice | 23 |
| thereof.
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| (Source: P.A. 81-1521.)
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| (820 ILCS 405/801) (from Ch. 48, par. 471)
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| Sec. 801. Decision of administrative law judge
referee or | 27 |
| director.
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| A. Unless such appeal is withdrawn, an administrative law | 29 |
| judge
a Referee or the Director, as the case
may be, shall | 30 |
| afford the parties reasonable opportunity for a fair hearing. | 31 |
| At
any hearing, the record of the claimant's registration for | 32 |
| work, or of the
claimant's certification that, during the week |
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| or weeks affected by the
hearing, he was able to work, | 2 |
| available for work, and actively seeking work, or
any document | 3 |
| in the files of the Department of Employment Security submitted | 4 |
| to
it by any of the parties, shall be a part of the record, and | 5 |
| shall be
competent evidence bearing upon the issues. The | 6 |
| failure of the claimant
or other party to appear at a hearing, | 7 |
| unless he is the appellant, shall
not preclude a decision in | 8 |
| his favor if, on the basis of all the
information in the | 9 |
| record, he is entitled to such decision. The decision of the | 10 |
| administrative law judge
Referee
or the Director, as the case | 11 |
| may be, shall affirm, modify, or set aside
the claims | 12 |
| adjudicator's "finding" or "determination," or both, as the
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| case may be, or may remand the case, in whole or in part, to the | 14 |
| claims
adjudicator, and, in such event, shall state the | 15 |
| questions requiring
further consideration, and give such other | 16 |
| instructions as may be
necessary. The parties shall be duly | 17 |
| notified of such decision,
together with the reasons therefor. | 18 |
| The decision of the administrative law judge
Referee shall
be | 19 |
| final, unless, within 30 calendar days after the date of | 20 |
| mailing of
such decision, further appeal to the Board of Review | 21 |
| is initiated
pursuant to Section 803.
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| B. Except as otherwise provided in this subsection, the | 23 |
| Director may by
regulation allow the administrative law judge
| 24 |
| Referee , upon the request of a party for good cause shown,
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| before or after the administrative law judge
Referee issues his | 26 |
| decision, to reopen the record to take
additional evidence or | 27 |
| to reconsider the administrative law judge's
Referee's | 28 |
| decision or both to reopen
the record and reconsider the | 29 |
| administrative law judge's
Referee's decision. Where the | 30 |
| administrative law judge
Referee issues
a decision, he shall | 31 |
| not reconsider his decision or reopen the record to take
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| additional evidence after an appeal of the decision is | 33 |
| initiated pursuant to
Section 803 or if the request is made | 34 |
| more than 30 calendar days, or fewer days
if prescribed by the |
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| Director, after the date of mailing of the administrative law | 2 |
| judge's
Referee's
decision. The allowance or denial of a | 3 |
| request to reopen the record, where the
request is made before | 4 |
| the administrative law judge
Referee issues a decision, is not
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| separately appealable but may be raised as part of the appeal | 6 |
| of the administrative law judge's
Referee's
decision. The | 7 |
| allowance of a request to reconsider is not separately
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| appealable but may be raised as part of the appeal of the | 9 |
| administrative law judge's
Referee's
reconsidered decision. A | 10 |
| party may appeal the denial of a timely request to
reconsider a | 11 |
| decision within 30 calendar days after the date of mailing of
| 12 |
| notice of such denial, and any such appeal shall constitute a | 13 |
| timely appeal of
both the denial of the request to reconsider | 14 |
| and the administrative law judge's
Referee's decision.
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| Whenever reference is made in this Act to the administrative | 16 |
| law judge's
Referee's decision, the term
"decision" includes a | 17 |
| reconsidered decision under this subsection.
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| (Source: P.A. 88-655, eff. 9-16-94.)
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| (820 ILCS 405/802) (from Ch. 48, par. 472)
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| Sec. 802. Appointment of administrative law judges
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| referees and providing legal services in disputed
claims.
| 22 |
| A. To hear and decide disputed claims or, in the case of a | 23 |
| matter under Section 604, issue a recommended decision , the | 24 |
| Director shall obtain an
adequate number of impartial | 25 |
| administrative law judges
Referees selected in accordance with | 26 |
| the
provisions of the "Personnel Code" enacted by the | 27 |
| Sixty-ninth General
Assembly. No person shall participate on | 28 |
| behalf of the Director or the
Board of Review in any case in | 29 |
| which he is an interested party. The
Director shall provide the | 30 |
| Board of Review and such administrative law judges
Referees | 31 |
| with proper
facilities and supplies and with assistants and | 32 |
| employees (selected in
accordance with the provisions of the | 33 |
| "Personnel Code" enacted by the
Sixty-ninth General Assembly) |
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| necessary for the execution of their
functions.
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| B. As provided in Section 1700.1, effective January 1, | 3 |
| 1989, the Director
shall establish a program for providing | 4 |
| services by licensed attorneys at law
to advise and represent, | 5 |
| at hearings before the administrative law judge
Referee , the | 6 |
| Director or the
Director's Representative , or the Board of | 7 |
| Review, "small employers", as
defined in rules promulgated by | 8 |
| the Director, and issued pursuant to the
results of the study | 9 |
| referred to in Section 1700.1, and individuals who
have made a | 10 |
| claim for benefits with respect to a week of unemployment,
| 11 |
| whose claim has been disputed, and who are eligible under rules | 12 |
| promulgated
by the Director which are issued pursuant to the | 13 |
| results of the study
referred to in Section 1700.1.
| 14 |
| For the period beginning July 1, 1994, and extending | 15 |
| through June 30,
1996, no legal services shall be provided | 16 |
| under the program established under
this subsection.
| 17 |
| For the period beginning July 1, 1990, and extending | 18 |
| through June 30,
1991, no legal services shall be provided | 19 |
| under the program established
pursuant to this subsection.
| 20 |
| (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)
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| (820 ILCS 405/802.1 new)
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| Sec. 802.1. Administrative law judges.
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| A. On and after the effective date of this amendatory Act
| 24 |
| of the 94th General Assembly, referees and Director's
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| representatives shall be referred to as administrative law
| 26 |
| judges. This amendatory Act of the 94th General Assembly is not | 27 |
| intended to change the salary grade, collective bargaining | 28 |
| classification or title or compensation of any person. The | 29 |
| following standards apply to the performance of an
| 30 |
| administrative law judge's duties and responsibilities: | 31 |
| (1) An administrative law judge shall be impartial, | 32 |
| faithful to
the law and maintain professional competence in | 33 |
| it. |
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| (2) An administrative law judge shall maintain order
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| and decorum in proceedings before him or her. | 3 |
| (3) An administrative law judge shall be patient,
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| dignified, and courteous to parties, witnesses, parties'
| 5 |
| representatives, and others with whom the administrative
| 6 |
| law judge deals in an official capacity, including but not
| 7 |
| limited to during any hearing the administrative law judge
| 8 |
| conducts. | 9 |
| (4) An administrative law judge shall refrain from
| 10 |
| making any discourteous, intemperate, or undignified
| 11 |
| comments in the preparation of a written decision, draft
| 12 |
| decision, or recommended decision and shall not engage in
| 13 |
| any conduct that brings the Department into disrepute. | 14 |
| (5) An administrative law judge shall accord to every
| 15 |
| person the right to be heard in any proceeding before him
| 16 |
| or her as may be provided for by law. | 17 |
| (6) An administrative law judge is an employee of the
| 18 |
| Department and is also subject to any general code of | 19 |
| conduct applicable to all Department employees, including | 20 |
| but not limited to any code of ethics and any disciplinary | 21 |
| action authorized for violations of any such code.
This | 22 |
| paragraph shall not be construed to interfere with or | 23 |
| constrain the administrative law judge's responsibility to | 24 |
| prepare and issue a decision, draft decision or recommended | 25 |
| decision based on his or her application of the law as he | 26 |
| or she understands it to the facts of a particular case as | 27 |
| he or she understands them. | 28 |
| (7) Prior to the taking of an appeal to the Board of | 29 |
| Review, an administrative law judge's work product is
| 30 |
| subject to review and correction by supervisory employees | 31 |
| of
the Department, who shall be bound by this Section in
| 32 |
| discharging their supervisory responsibilities. | 33 |
| (8) An administrative law judge shall not base a
| 34 |
| decision, draft decision, or recommended decision on any
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| consideration not relevant under law to the issue before
| 2 |
| him or her. | 3 |
| (9) An administrative law judge shall not perform | 4 |
| services as an administrative law judge while serving as a | 5 |
| member of the Board of Review or, in serving as a member of | 6 |
| the Board of Review, review any decision or draft decision | 7 |
| he or she issued as an administrative law judge. | 8 |
| (10) An administrative law judge shall report to the
| 9 |
| Director any suspected violations of any of the standards | 10 |
| enumerated in
this subsection A or rules adopted pursuant | 11 |
| to this Section. | 12 |
| B. The Department may, by rule, establish additional | 13 |
| standards of conduct consistent with recognized national model | 14 |
| codes of conduct for administrative law judges. | 15 |
| C. An administrative law judge shall be discharged for
| 16 |
| repeated material violations of any of the standards enumerated | 17 |
| in
subsection A or rules adopted pursuant to this Section or | 18 |
| the material violation of any of those standards in
conjunction | 19 |
| with the simultaneous or previous material violation of any
| 20 |
| other of those standards.
| 21 |
| (820 ILCS 405/803) (from Ch. 48, par. 473)
| 22 |
| Sec. 803. Board of
review - Decisions.
The Board of Review | 23 |
| may, on its own motion or upon appeal by any party
to the | 24 |
| determination or finding, affirm, modify, or set aside any | 25 |
| decision
of an administrative law judge
a Referee . The Board of | 26 |
| Review in its discretion, may take additional
evidence in | 27 |
| hearing such appeals, or may remand the case, in whole or in
| 28 |
| part, to an administrative law judge
a Referee or claims | 29 |
| adjudicator, and, in such event, shall state
the questions | 30 |
| requiring further consideration and give such other
| 31 |
| instructions as may be necessary. The Director may remove to | 32 |
| the Board of
Review or transfer to another administrative law | 33 |
| judge
Referee the proceedings on any claim pending
before an |
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| administrative law judge
a Referee . Any proceedings so removed | 2 |
| to the Board of Review shall
be heard in accordance with the | 3 |
| requirements of Section 801 by the Board
of Review. At any | 4 |
| hearing before the Board of Review, in the absence or
| 5 |
| disqualification of any member thereof representing either the | 6 |
| employee or
employer class, the hearing shall be conducted by | 7 |
| the member not identified
with either of such classes.
Upon | 8 |
| receipt of an appeal by any party to the findings and decision | 9 |
| of an administrative law judge
a
Referee , the Board of Review | 10 |
| shall promptly notify all parties entitled to
notice of the | 11 |
| administrative law judge's
Referee's decision that the appeal | 12 |
| has been filed, and shall
inform each party of the right to | 13 |
| apply for a Notice of Right to Sue as
provided for in this | 14 |
| Section.
The Board of Review shall provide transcripts
of the | 15 |
| proceedings before the administrative law judge
Referee within | 16 |
| 35 days of the date of the
filing of an appeal by any party. The | 17 |
| Board of Review shall make a final
determination on the appeal | 18 |
| within 120 days of the date of the filing of
the appeal and | 19 |
| shall notify the parties of its final determination or finding,
| 20 |
| or both, within the same 120 day period. The period for making | 21 |
| a final
determination may be extended by the Board of Review to | 22 |
| no more than 30
additional days upon written request of either | 23 |
| party, for good cause shown.
| 24 |
| At any time after the expiration of the aforesaid 120 day | 25 |
| period, or the
expiration of any extension thereof, and prior | 26 |
| to the date the Board of
Review makes a final determination on | 27 |
| the appeal, the party claiming to be
aggrieved by the decision | 28 |
| of the administrative law judge
Referee may apply in writing by | 29 |
| certified
mail, return receipt requested, to the Board of | 30 |
| Review for a Notice of
Right to Sue. The Board of Review shall | 31 |
| issue, within 14 days of the date
that the application was | 32 |
| mailed to it, a Notice of Right to Sue to all
parties entitled | 33 |
| to notice of the administrative law judge's
Referee's decision, | 34 |
| unless, within that
time, the Board has issued its final |
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| decision. The
Notice of Right to Sue shall notify the parties | 2 |
| that the findings and
decision of the administrative law judge
| 3 |
| Referee shall be the final administrative decision on the
| 4 |
| appeal, and it shall further notify any party claiming to be | 5 |
| aggrieved
thereby that he may seek judicial review of the final | 6 |
| decision of the administrative law judge
referee under the | 7 |
| provisions of the Administrative Review Law. If the
Board | 8 |
| issues a Notice of Right to Sue, the date that such notice is | 9 |
| served
upon the parties shall determine the time within which | 10 |
| to commence an
action for judicial review. Any decision issued | 11 |
| by the Board after the
aforesaid 14 day period shall be null | 12 |
| and void. If the Board fails to
either issue its decision or | 13 |
| issue a Notice of Right to Sue within the
prescribed 14 day | 14 |
| period, then the findings and decision of the administrative | 15 |
| law judge
Referee
shall, by operation of law, become the final | 16 |
| administrative decision on the
appeal. In such an instance, the | 17 |
| period within which to commence an action
for judicial review | 18 |
| pursuant to the Administrative Review Law shall begin
to run on | 19 |
| the 15th day after the date of mailing of the application for | 20 |
| the
Notice of Right to Sue. If no party applies for a Notice of | 21 |
| Right to Sue,
the decision of the Board of Review, issued at | 22 |
| any time, shall be the final
decision on the appeal.
| 23 |
| (Source: P.A. 84-26.)
| 24 |
| (820 ILCS 405/805) (from Ch. 48, par. 474a)
| 25 |
| Sec. 805. Additional parties.
| 26 |
| The Director, administrative law judge
Referee , and the | 27 |
| Board of Review, in any hearing involving
benefit claims, may | 28 |
| add parties, whenever in his or its discretion, it is
necessary | 29 |
| to the proper disposition of the case. Such additional parties
| 30 |
| shall be entitled to reasonable notice of the proceedings and | 31 |
| an
opportunity to be heard.
| 32 |
| (Source: Laws 1951, p. 844.)
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| (820 ILCS 405/806) (from Ch. 48, par. 474b)
| 2 |
| Sec. 806. Representation. Any individual or entity in any | 3 |
| proceeding
before the Director or his representative , or the | 4 |
| administrative law judge
Referee or the Board of
Review, may be | 5 |
| represented by a union or any duly authorized agent.
| 6 |
| (Source: P.A. 85-956.)
| 7 |
| (820 ILCS 405/900) (from Ch. 48, par. 490)
| 8 |
| Sec. 900. Recoupment.) A. Whenever an individual has | 9 |
| received any
sum as benefits for which he is found to have been | 10 |
| ineligible, the
amount thereof may be recovered by suit in the | 11 |
| name of the People of the
State of Illinois, or, from benefits | 12 |
| payable to him, may be recouped:
| 13 |
| 1. At any time, if, to receive such sum, he knowingly made | 14 |
| a false
statement or knowingly failed to disclose a material | 15 |
| fact.
| 16 |
| 2. Within 3 years from any date prior to January 1,
1984, | 17 |
| on which he has been found to have been
ineligible for any | 18 |
| other reason, pursuant to a reconsidered finding or a
| 19 |
| reconsidered determination, or pursuant to the decision of a | 20 |
| Referee
(or of the Director or his representative under Section | 21 |
| 604) which modifies
or sets aside a finding or a reconsidered | 22 |
| finding or a determination or
a reconsidered determination; or | 23 |
| within 5 years from any date
after December 31, 1983, on which | 24 |
| he has been
found to have been ineligible for
any other reason, | 25 |
| pursuant to a reconsidered finding or a reconsidered
| 26 |
| determination, or pursuant to the decision of an administrative | 27 |
| law judge
a Referee (or of the Director
or his representative | 28 |
| under Section 604) which modifies or sets aside a
finding or a | 29 |
| reconsidered finding or a determination or a reconsidered
| 30 |
| determination. Recoupment pursuant to the provisions of
this | 31 |
| paragraph from benefits payable to an individual for any week | 32 |
| may be
waived upon the individual's request, if the sum | 33 |
| referred to in paragraph
A was received by the individual |
|
|
|
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| 1 |
| without fault on his part and if such
recoupment would be | 2 |
| against equity and good conscience. Such waiver may be
denied | 3 |
| with respect to any subsequent week if, in that week, the facts | 4 |
| and
circumstances upon which waiver was based no longer exist.
| 5 |
| B. Whenever the claims adjudicator referred to in Section | 6 |
| 702
decides that any sum received by a claimant as benefits | 7 |
| shall be
recouped, or denies recoupment waiver requested by the | 8 |
| claimant, he shall
promptly notify the claimant of his decision | 9 |
| and the
reasons therefor. The decision and the notice thereof | 10 |
| shall state the
amount to be recouped, the weeks with respect | 11 |
| to which such sum was
received by the claimant, and the time | 12 |
| within which it may be recouped and,
as the case may be, the | 13 |
| reasons for denial of recoupment waiver.
The claims adjudicator | 14 |
| may reconsider his decision within one year after
the date when | 15 |
| the decision was made. Such decision or reconsidered
decision | 16 |
| may be appealed to an administrative law judge
a Referee within | 17 |
| the time limits prescribed
by Section 800 for appeal from a | 18 |
| determination. Any such appeal, and
any appeal from the | 19 |
| administrative law judge's
Referee's decision thereon, shall | 20 |
| be governed by the
applicable provisions of Sections 801, 803, | 21 |
| 804 and 805. No recoupment
shall be begun until the expiration | 22 |
| of the time limits prescribed by
Section 800 of this Act or, if | 23 |
| an appeal has been filed, until the
decision of an | 24 |
| administrative law judge
a Referee has been made thereon | 25 |
| affirming the decision of
the Claims Adjudicator.
| 26 |
| C. Any sums recovered under the provisions of this Section | 27 |
| shall be
treated as repayments to the Director of sums | 28 |
| improperly obtained by the
claimant.
| 29 |
| D. Whenever, by reason of a back pay award made by any | 30 |
| governmental
agency or pursuant to arbitration proceedings, or | 31 |
| by reason of a payment
of wages wrongfully withheld by an | 32 |
| employing unit, an individual has
received wages for weeks with | 33 |
| respect to which he has received benefits,
the amount of such | 34 |
| benefits may be recouped or otherwise recovered as
herein |
|
|
|
09400SB2955sam001 |
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| 1 |
| provided. An employing unit making a back pay award to an
| 2 |
| individual for weeks with respect to which the individual has | 3 |
| received
benefits shall make the back pay award by check | 4 |
| payable jointly to the
individual and to the Director.
| 5 |
| E. The amount recouped pursuant to paragraph 2 of | 6 |
| subsection A from
benefits payable to an individual for any | 7 |
| week shall not exceed 25% of
the individual's weekly benefit | 8 |
| amount.
| 9 |
| In addition to the remedies provided by this Section, when | 10 |
| an
individual has received any sum as benefits for which he is | 11 |
| found to be
ineligible, the Director may request the | 12 |
| Comptroller to withhold such sum
in accordance with Section | 13 |
| 10.05 of the State Comptroller Act. Benefits
paid pursuant to | 14 |
| this Act shall not be subject to such withholding.
| 15 |
| (Source: P.A. 85-956.)
| 16 |
| (820 ILCS 405/1000) (from Ch. 48, par. 500)
| 17 |
| Sec. 1000. Oaths-
Certifications-Subpoenas.
| 18 |
| The Director, claims adjudicator, or other representative | 19 |
| of the
Director and any administrative law judge
Referee and | 20 |
| the Board of Review, or any member thereof,
shall have the | 21 |
| power, in the discharge of the duties imposed by this Act,
to | 22 |
| administer oaths and affirmations, certify to all official | 23 |
| acts, and
issue subpoenas to compel the attendance and | 24 |
| testimony of witnesses, and
the production of papers, books, | 25 |
| accounts and documents deemed necessary as
evidence in | 26 |
| connection with a disputed claim or the administration of this
| 27 |
| Act.
| 28 |
| (Source: P.A. 77-1443.)
| 29 |
| (820 ILCS 405/1001) (from Ch. 48, par. 501)
| 30 |
| Sec. 1001. Testimony-Immunity.
| 31 |
| No person shall be excused from testifying or from | 32 |
| producing any papers,
books, accounts, or documents in any |
|
|
|
09400SB2955sam001 |
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| 1 |
| investigation or inquiry or upon any
hearing, when ordered to | 2 |
| do so by the Director, Board of Review, or member
thereof, or | 3 |
| any claims adjudicator, administrative law judge
Referee , or a | 4 |
| representative of the
Director, upon the ground that the | 5 |
| testimony or evidence, documentary or
otherwise, may tend to | 6 |
| incriminate him or subject him to a penalty or
forfeiture. But | 7 |
| no person shall be prosecuted or subjected to any penalty
or | 8 |
| forfeiture for or on account of any transaction, matter or | 9 |
| thing
concerning which he may testify or produce evidence, | 10 |
| documentary or
otherwise, before any such person or Board of | 11 |
| Review: Provided, that such
immunity shall extend only to a | 12 |
| natural person, who, in obedience to a
subpoena, and after | 13 |
| claiming his privilege, shall, upon order, give
testimony under | 14 |
| oath or produce evidence, documentary or otherwise, under
oath. | 15 |
| No person so testifying shall be exempt from prosecution and
| 16 |
| punishment for perjury committed in so testifying.
| 17 |
| (Source: P.A. 77-1443.)
| 18 |
| (820 ILCS 405/1002) (from Ch. 48, par. 502)
| 19 |
| Sec. 1002. Attendance of witnesses - Production of papers. | 20 |
| All subpoenas
issued under the terms of this Act may be served | 21 |
| by any person of full age.
The fees of witnesses for attendance | 22 |
| and travel shall be the same as fees
of witnesses before the | 23 |
| circuit courts of this State,
such fees to be paid when the | 24 |
| witness is excused from further attendance.
The payment of such | 25 |
| fees shall be made in the same manner as are other
expenses | 26 |
| incurred in the administration of this Act. A subpoena issued | 27 |
| shall
be served in the same manner as a subpoena issued out of | 28 |
| a
court.
| 29 |
| Any person who shall be served with a subpoena to appear | 30 |
| and testify or
to produce books, papers, accounts, or | 31 |
| documents, issued by the Director or
by any claims adjudicator | 32 |
| or other representative of the Director, or by
any | 33 |
| administrative law judge
Referee or the Board of Review, or |
|
|
|
09400SB2955sam001 |
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| 1 |
| member thereof, in the course of an
inquiry, investigation, or | 2 |
| hearing conducted under any of the provisions of
this Act, and | 3 |
| who refuses or neglects to appear or to testify or to produce
| 4 |
| books, papers, accounts, and documents relevant to said | 5 |
| inquiry,
investigation, or hearing as commanded in such | 6 |
| subpoena, shall be guilty of
a Class A misdemeanor.
| 7 |
| Any circuit court of this State, upon application
by the | 8 |
| Director, or claims adjudicator, or other representative of the
| 9 |
| Director, or by any administrative law judge
Referee or the | 10 |
| Board of Review, or any member thereof,
may, in its discretion, | 11 |
| compel the attendance of witnesses, the
production of books, | 12 |
| papers, accounts, and documents, and the giving of
testimony | 13 |
| before such person or Board by an attachment for contempt or
| 14 |
| otherwise, in the same manner as production of evidence may be | 15 |
| compelled
before the court.
| 16 |
| (Source: P.A. 83-334.)
| 17 |
| (820 ILCS 405/1003) (from Ch. 48, par. 503)
| 18 |
| Sec. 1003. Depositions. The deposition of any witness | 19 |
| residing
within or without the State may be taken at the | 20 |
| instance of any claims
adjudicator, administrative law judge
| 21 |
| Referee , member of the Board of Review, field auditor,
| 22 |
| Director's representative, or any of the parties to any | 23 |
| proceeding
arising under the provisions of this Act in the | 24 |
| manner prescribed by
law for the taking of like depositions in | 25 |
| civil cases in the courts of
this State. The Director may, at | 26 |
| the request of any such person, issue
a dedimus potestatem or | 27 |
| commission under the seal of the Department of
Employment | 28 |
| Security in the same manner as the proper clerk's
office is | 29 |
| authorized to issue such dedimus potestatem or commission under
| 30 |
| the seal of the court in connection with any matter pending in | 31 |
| the circuit
courts of this State.
| 32 |
| (Source: P.A. 83-1503.)
|
|
|
|
09400SB2955sam001 |
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| 1 |
| (820 ILCS 405/1004) (from Ch. 48, par. 504)
| 2 |
| Sec. 1004. Record of
proceedings.
| 3 |
| The Director shall provide facilities for the taking of | 4 |
| testimony and
the recording of proceedings at the hearings | 5 |
| before the Director, his
representative, the Board of Review, | 6 |
| or an administrative law judge
a Referee . All expenses arising
| 7 |
| pursuant to this Section shall be paid in the same manner as | 8 |
| other expenses
incurred pursuant to this Act.
| 9 |
| (Source: Laws 1951, p. 844.)
| 10 |
| (820 ILCS 405/1200) (from Ch. 48, par. 530)
| 11 |
| Sec. 1200. Compensation of attorneys. No fee shall be | 12 |
| charged any claimant in any proceeding under this Act by
the | 13 |
| Director or his representatives , or by the administrative law | 14 |
| judge
Referees or Board of Review,
or by any court or the | 15 |
| clerks thereof except as provided herein.
| 16 |
| Any individual claiming benefits in any proceeding before | 17 |
| the Director
or his representative , or the administrative law | 18 |
| judge
Referee or the Board of Review, or his or its
| 19 |
| representatives, or a court, may be represented by counsel or | 20 |
| other duly
authorized agent; but no such counsel or agents | 21 |
| shall either charge or
receive for such services more than an | 22 |
| amount approved by the Board of
Review or, in cases arising | 23 |
| under Section 604, by the Director.
| 24 |
| After reasonable notice and a hearing before the | 25 |
| Department's
representative, any attorney found to be in | 26 |
| violation of any provision of this
Section shall be required to | 27 |
| make restitution of any excess fees charged plus
interest at a | 28 |
| reasonable rate as determined by the Department's
| 29 |
| representative.
| 30 |
| (Source: P.A. 93-215, eff. 1-1-04.)
| 31 |
| (820 ILCS 405/1508) (from Ch. 48, par. 578)
| 32 |
| Sec. 1508. Statement of benefit wages and statement of |
|
|
|
09400SB2955sam001 |
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| 1 |
| benefit charges. The Director shall periodically furnish each | 2 |
| employer with a statement of
the wages of his workers or former | 3 |
| workers which became his benefit wages
together with the names | 4 |
| of such workers or former workers. The Director
shall also | 5 |
| periodically furnish each employer with a statement of benefits
| 6 |
| which became benefit charges together with the names of such | 7 |
| workers or
former workers. Any such statement, in absence of an | 8 |
| application for revision
thereof within 45 days from the date | 9 |
| of mailing of such statement to his
last known address, shall | 10 |
| be conclusive and final upon the employer for
all purposes and | 11 |
| in all proceedings whatsoever. Such application for
revision | 12 |
| shall be in the form and manner prescribed by regulation of the
| 13 |
| Director. If the Director shall deem any application for | 14 |
| revision
insufficient, he shall rule such insufficient | 15 |
| application stricken and
shall serve notice of such ruling and | 16 |
| the basis therefor upon the
employer. Such ruling shall be | 17 |
| final and conclusive upon the employer
unless he shall file a | 18 |
| sufficient application for revision within 20
days from the | 19 |
| date of service of notice of such ruling. Upon receipt of
a | 20 |
| sufficient application for revision of such statement within | 21 |
| the time
allowed, the Director shall order such application | 22 |
| allowed in whole or
in part or shall order that such | 23 |
| application for revision be denied and
shall serve notice upon | 24 |
| the employer of such order. Such order of the
Director shall be | 25 |
| final and conclusive at the expiration of 20 days
from the date | 26 |
| of service of such notice unless the employer shall have
filed | 27 |
| with the Director a written protest and a petition for hearing,
| 28 |
| specifying his objections thereto. Upon receipt of such | 29 |
| petition within
the 20 days allowed, the Director shall fix the | 30 |
| time and place for a
hearing and shall notify the employer | 31 |
| thereof. At any hearing held as
herein provided, the order of | 32 |
| the Director shall be prima facie correct
and the burden shall | 33 |
| be upon the protesting employer to prove that it is
incorrect. | 34 |
| All of the provisions of this Act, applicable to hearings
|
|
|
|
09400SB2955sam001 |
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| 1 |
| conducted pursuant to Section 2200 and not inconsistent with | 2 |
| the
provisions of this Section, shall be applicable to hearings | 3 |
| conducted
pursuant to this Section. No employer shall have the | 4 |
| right to object to
the benefit wages or benefit charges with | 5 |
| respect to any worker as shown on
such statement unless he | 6 |
| shall first show that such benefit wages or
benefit charges | 7 |
| arose as a result of benefits paid to such worker in
accordance | 8 |
| with a finding, reconsidered finding, determination, or
| 9 |
| reconsidered determination, or for 1987 or any calendar year | 10 |
| thereafter an administrative law judge's
a
Referee's decision, | 11 |
| to which such employer was a party entitled to notice
thereof, | 12 |
| as provided by Sections 701 to 703, inclusive, or Section 800, | 13 |
| and
shall further show that he was not notified of such | 14 |
| finding, reconsidered
finding, determination, or reconsidered | 15 |
| determination, or for 1987 or any
calendar year thereafter such | 16 |
| administrative law judge's
Referee's decision, in accordance | 17 |
| with the
requirements of Sections 701 to 703, inclusive, or | 18 |
| Section 800. Nothing
herein contained shall abridge the right | 19 |
| of any employer at such hearing to
object to such statement of | 20 |
| benefit wages or statement of benefit charges
on the ground | 21 |
| that it is incorrect by reason of a clerical error made by
the | 22 |
| Director or any of his employees. The employer shall be | 23 |
| promptly
notified, by mail, of the Director's decision. Such | 24 |
| decision shall be
final and conclusive unless review is had | 25 |
| within the time and in the
manner provided by Section 2205.
| 26 |
| (Source: P.A. 85-956.)
| 27 |
| (820 ILCS 405/1508.1) (from Ch. 48, par. 578.1)
| 28 |
| Sec. 1508.1. Cancellation of Benefit Wages and Benefit | 29 |
| Charges Due to
Lack of Notice. A. It is the purpose of this | 30 |
| Section to provide relief to
an employer who has accrued | 31 |
| benefit wages or benefit charges resulting from
the payment of | 32 |
| benefits of which such
employer has not had notice. Whenever | 33 |
| any of the following actions taken
by the Department directly |
|
|
|
09400SB2955sam001 |
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| 1 |
| results in the payment of benefits to an
individual and hence | 2 |
| causes the individual's wages to become benefit wages
in | 3 |
| accordance with the provisions of Sections 1501 and 1502 or | 4 |
| causes the
benefits to become benefits charges in accordance | 5 |
| with Sections 1501.1 and
1502.1, such benefit wages or benefit | 6 |
| charges shall be cancelled if
the employer proves that the | 7 |
| Department did not give notice of such actions
as required by | 8 |
| Section 804 within the following periods of time:
| 9 |
| 1. With respect to the notice to the most recent employing | 10 |
| unit or
to the last employer (referred to in Section 1502.1) | 11 |
| issued
under Section 701, within 180 days of the date of the | 12 |
| initial finding of
monetary eligibility;
| 13 |
| 2. With respect to notice of a decision pursuant to Section | 14 |
| 701 that
the employer is the last employer under Section | 15 |
| 1502.1, within 180 days of
the date of the employer's protest | 16 |
| or appeal that he is not the last
employer under Section | 17 |
| 1502.1;
| 18 |
| 3. With respect to a determination issued under Section 702 | 19 |
| and the
rules of the Director, within 180 days of the date of | 20 |
| an employer's notice
of possible ineligibility or remanded | 21 |
| decision of the administrative law judge
Referee which gave
| 22 |
| rise to the determination, except that in the case of a | 23 |
| determination
issued under Section 702 in which an issue was | 24 |
| not adjudicated at the time
of the employer's notice of | 25 |
| possible ineligibility because of the
individual's failure to | 26 |
| file a claim for a week of benefits, within 180
days of the | 27 |
| date on which the individual first files a claim for a week
of | 28 |
| benefits;
| 29 |
| 4. With respect to a reconsidered finding or a reconsidered
| 30 |
| determination issued under Section 703, within 180 days of the | 31 |
| date of such
reconsidered finding or reconsidered | 32 |
| determination;
| 33 |
| 5. With respect to an administrative law judge's
a | 34 |
| Referee's decision issued under Section 801 which
allows |
|
|
|
09400SB2955sam001 |
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| 1 |
| benefits, within 180 days of the date of the appeal of the | 2 |
| finding
or determination of the claims adjudicator which was | 3 |
| the basis of
the administrative law judge's
Referee's decision;
| 4 |
| 6. With respect to a decision of the Director or his | 5 |
| representative
concerning eligibility under Section 604, | 6 |
| within 180 days of the date of
the report of the administrative | 7 |
| law judge
Director's Representative .
| 8 |
| B. Nothing contained in this Section shall relieve an | 9 |
| employer from the
requirements for application for revision to | 10 |
| a statement of benefit wages
or statement of benefit charges | 11 |
| pursuant to Section 1508 or any other
requirement contained in | 12 |
| this Act or
in rules promulgated by the Director.
| 13 |
| C. The Director shall promulgate rules to carry out the | 14 |
| provisions
of this Section.
| 15 |
| (Source: P.A. 86-3.)
| 16 |
| (820 ILCS 405/1800) (from Ch. 48, par. 630)
| 17 |
| Sec. 1800. Records and reports required of employing units - | 18 |
| Inspection. Each employing unit shall keep such true and | 19 |
| accurate records with
respect to services performed for it as | 20 |
| may be required by the rules and
regulations of the Director | 21 |
| promulgated pursuant to the provisions of this
Act. Such | 22 |
| records together with such other books and documents as may be
| 23 |
| necessary to verify the entries in such records shall be open | 24 |
| to inspection
by the Director or his authorized representative | 25 |
| at any reasonable time and
as often as may be necessary. Every | 26 |
| employer who is delinquent in the
payment of contributions | 27 |
| shall also permit the Director or his
representative to enter | 28 |
| upon his premises, inspect his books and records,
and inventory | 29 |
| his personal property and rights thereto, for the purpose of
| 30 |
| ascertaining and listing the personal property owned by such | 31 |
| employer which
is subject to the lien created by this Act in | 32 |
| favor of the Director of
Employment Security. Each employing | 33 |
| unit which has paid no
contributions for employment
in any |
|
|
|
09400SB2955sam001 |
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|
| 1 |
| calendar year shall, prior to January 30 of the succeeding | 2 |
| calendar
year, file with the Director, on forms to be furnished | 3 |
| by the Director at
the request of such employing unit, a report | 4 |
| of its employment experience
for such periods as the Director | 5 |
| shall designate on such forms, together
with such other | 6 |
| information as the Director shall require on such forms,
for | 7 |
| the purpose of determining the liability of such employing unit | 8 |
| for the
payment of contributions; in addition, every newly | 9 |
| created employing unit
shall file such report with the Director | 10 |
| within 30 days of the date upon
which it commences business. | 11 |
| The Director, the Board of Review, or any
administrative law | 12 |
| judge
Referee may require from any employing unit any sworn or | 13 |
| unsworn reports
concerning such records as he or the Board of | 14 |
| Review deems necessary for
the effective administration of this | 15 |
| Act, and every such employing unit or
person shall fully, | 16 |
| correctly, and promptly furnish the Director all
information | 17 |
| required by him to carry out the purposes and provisions of
| 18 |
| this Act.
| 19 |
| (Source: P.A. 83-1503.)
| 20 |
| (820 ILCS 405/2202) (from Ch. 48, par. 682)
| 21 |
| Sec. 2202. Finality of finding of claims adjudicator, | 22 |
| administrative law judge
Referee or Board of
Review in | 23 |
| proceedings before the director or his representative .
If at | 24 |
| any hearing held pursuant to Sections 2200 or 2201 before the
| 25 |
| Director or his duly authorized representative it shall appear | 26 |
| that, in a
prior proceeding before a claims adjudicator, | 27 |
| administrative law judge
Referee or the Board of
Review, a | 28 |
| decision was rendered in which benefits were allowed to a
| 29 |
| claimant, based upon a finding by such claims adjudicator, | 30 |
| administrative law judge
Referee or the
Board of Review, as the | 31 |
| case may be, that (A) the petitioning employing
unit is an | 32 |
| employer as defined by this Act, or (B) the claimant has
| 33 |
| rendered services for such employing unit that constitute |
|
|
|
09400SB2955sam001 |
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LRB094 17947 WGH 55909 a |
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| 1 |
| employment as
defined by this Act, or (C) the claimant was paid | 2 |
| or earned, as the case
may be, any sum that constitutes "wages" | 3 |
| as defined by this Act, and that
such employing unit was given | 4 |
| notice of such prior proceedings and an
opportunity to be heard | 5 |
| by appeal to such administrative law judge
Referee or the Board | 6 |
| of Review,
as the case may be, in such prior proceeding, and | 7 |
| that such decision of the
claims adjudicator, administrative | 8 |
| law judge
Referee or Board of Review allowing benefits to the
| 9 |
| claimant became final, the aforementioned finding of the claims
| 10 |
| adjudicator, administrative law judge
Referee or the Board of | 11 |
| Review, as the case may be, shall be
final and incontrovertible | 12 |
| as to such employing unit , in the proceedings
before the | 13 |
| Director or his duly authorized representative , and shall not | 14 |
| be
subject to any further right of judicial review by such | 15 |
| employing unit. If,
after the hearing held pursuant to Sections | 16 |
| 2200 or 2201, the Director
shall find that services were | 17 |
| rendered for such employing unit by other
individuals under | 18 |
| circumstances substantially the same as those under which
the | 19 |
| claimant's services were performed, the finality of the | 20 |
| findings made
by the claims adjudicator, administrative law | 21 |
| judge
Referee or the Board of Review, as the case may
be, as to | 22 |
| the status of the services performed by the claimant, shall
| 23 |
| extend to all such services rendered for such employing unit, | 24 |
| but nothing
in this Section shall be construed to limit the | 25 |
| right of any claimant to a
fair hearing as provided in Sections | 26 |
| 800, 801, and 803.
| 27 |
| (Source: P.A. 77-1443.)
| 28 |
| (820 ILCS 405/2203) (from Ch. 48, par. 683)
| 29 |
| Sec. 2203. Service
of notice-Place of hearing-By whom | 30 |
| conducted.
| 31 |
| Whenever service of notice is required by Sections 2200 or | 32 |
| 2201, such
notice shall be deemed to have been served when | 33 |
| deposited with the United
States certified or registered mail |
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|
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| 1 |
| addressed to the employing unit at its
principal place of | 2 |
| business, or its last known place of business or
residence, or | 3 |
| may be served by any person of full age in the same manner as
is | 4 |
| provided by statute for service of process in civil cases. If
| 5 |
| represented by counsel in the proceedings before the Director, | 6 |
| then service
of notice may be made upon such employing unit by | 7 |
| mailing same to such
counsel. All hearings provided for in | 8 |
| Sections 2200 and 2201 shall be held
in the county wherein the | 9 |
| employing unit has its principal place of
business in this | 10 |
| State, provided that if the employing unit has no
principal | 11 |
| place of business in this State, such hearing may be held in | 12 |
| Cook
County, provided, further, that such hearing may be held | 13 |
| in any county
designated by the Director if the petitioning | 14 |
| employing unit shall consent
thereto. The hearings shall be | 15 |
| conducted by the Director or by any
administrative law judge
| 16 |
| full-time employee of the Director , selected in accordance with | 17 |
| the
provisions of the "Personnel Code" enacted by the | 18 |
| Sixty-Ninth General
Assembly, by him designated. Such | 19 |
| administrative law judge
representative so designated by the
| 20 |
| Director shall have all powers given the Director by Sections | 21 |
| 1000, 1002,
and 1003 of this Act.
| 22 |
| (Source: Laws 1957, p. 2667.)
| 23 |
| (820 ILCS 405/2300) (from Ch. 48, par. 700)
| 24 |
| Sec. 2300. Conduct
of hearings-Evidence.
| 25 |
| The Director may adopt regulations governing the conduct of | 26 |
| hearings
held pursuant to any provisions of this Act. All such | 27 |
| hearings shall be
conducted in a manner provided by such | 28 |
| regulations whether or not they
prescribe a procedure which | 29 |
| conforms to the common law or statutory rules
of evidence or | 30 |
| other technical rules or procedure, and no informality in
the | 31 |
| manner of taking testimony, in any such proceeding, nor the | 32 |
| admission
of evidence contrary to the common law rules of | 33 |
| evidence, shall invalidate
any decision made by the Director .
|
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|
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| 1 |
| (Source: Laws 1951, p. 32.)
| 2 |
| (820 ILCS 405/2306) (from Ch. 48, par. 706)
| 3 |
| Sec. 2306. Certified
copies of decisions or notices as | 4 |
| evidence.
A copy of any finding or decision of a claims | 5 |
| adjudicator, administrative law judge
Referee or
the Board of | 6 |
| Review and of any decision, order, ruling, determination and
| 7 |
| assessment, statement of benefit wages, statement of benefit | 8 |
| charges,
or rate determination made by the
Director, and of any | 9 |
| notice served by the Director, upon certification by
the | 10 |
| Commissioner of Unemployment Compensation or the Director to be | 11 |
| a true
and correct copy, and further certification that the | 12 |
| records of the
Director disclose that it was duly served upon | 13 |
| the employing unit therein
named, shall be admissible into | 14 |
| evidence in all hearings and judicial
proceedings as prima | 15 |
| facie proof that it was made, rendered, or issued and
that it | 16 |
| was duly served upon such employing unit at the time and in the
| 17 |
| manner stated in such certification.
| 18 |
| (Source: P.A. 85-1009.)".
|
|