Full Text of SB2019 103rd General Assembly
SB2019 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2019 Introduced 2/9/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/800 | from Ch. 48, par. 470 |
820 ILCS 405/801 | from Ch. 48, par. 471 |
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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).
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| | A BILL FOR |
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| | | SB2019 | | LRB103 27291 SPS 53662 b |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing 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 | 8 | | hereinafter
provided, appeals from a claims adjudicator shall | 9 | | be taken to a Referee.
Whenever a "determination" of a claims | 10 | | adjudicator involves a decision
as to eligibility under | 11 | | Section 604, appeals shall be taken to the
Director or his | 12 | | representative designated for such purpose. Unless the
| 13 | | claimant or any other party entitled to notice of the claims
| 14 | | adjudicator's "finding" or "determination," as the case may | 15 | | be, or the
Director, within 120 30 calendar days after the | 16 | | delivery of the claims
adjudicator's notification of such | 17 | | "finding" or "determination," or
within 120 30 calendar days | 18 | | after such notification was mailed to his last
known address, | 19 | | files an appeal therefrom, such "finding" or
"determination" | 20 | | shall 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)
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| 1 | | Sec. 801. Decision of referee or director.
| 2 | | A. Unless such appeal is withdrawn, a Referee or the | 3 | | Director, as the case
may be, shall afford the parties | 4 | | reasonable opportunity for a fair hearing. At
any hearing, the | 5 | | record of the claimant's registration for work, or of the
| 6 | | claimant's certification that, during the week or weeks | 7 | | affected by the
hearing, he was able to work, available for | 8 | | work, and actively seeking work, or
any document in the files | 9 | | of the Department of Employment Security submitted to
it by | 10 | | any of the parties, shall be a part of the record, and shall be
| 11 | | competent evidence bearing upon the issues. The failure of the | 12 | | claimant
or other party to appear at a hearing, unless he is | 13 | | the appellant, shall
not preclude a decision in his favor if, | 14 | | on the basis of all the
information in the record, he is | 15 | | entitled to such decision. The Referee
or the Director, as the | 16 | | case may be, shall affirm, modify, or set aside
the claims | 17 | | adjudicator's "finding" or "determination," or both, as the
| 18 | | case may be, or may remand the case, in whole or in part, to | 19 | | the claims
adjudicator, and, in such event, shall state the | 20 | | questions requiring
further consideration, and give such other | 21 | | instructions as may be
necessary. The parties shall be duly | 22 | | notified of such decision,
together with the reasons therefor. | 23 | | The decision of the Referee shall
be final, unless, within 120 | 24 | | 30 calendar days after the date of mailing of
such decision, | 25 | | further appeal to the Board of Review is initiated
pursuant to | 26 | | Section 803.
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| | | SB2019 | - 3 - | LRB103 27291 SPS 53662 b |
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| 1 | | B. Except as otherwise provided in this subsection, the | 2 | | Director may by
regulation allow the Referee, upon the request | 3 | | of a party for good cause shown,
before or after the Referee | 4 | | issues his decision, to reopen the record to take
additional | 5 | | evidence or to reconsider the Referee's decision or both to | 6 | | reopen
the record and reconsider the Referee's decision. Where | 7 | | the Referee issues
a decision, he shall not reconsider his | 8 | | decision or reopen the record to take
additional evidence | 9 | | after an appeal of the decision is initiated pursuant to
| 10 | | Section 803 or if the request is made more than 120 30 calendar | 11 | | days, or fewer days
if prescribed by the Director, after the | 12 | | date of mailing of the Referee's
decision. The allowance or | 13 | | denial of a request to reopen the record, where the
request is | 14 | | made before the Referee issues a decision, is not
separately | 15 | | appealable but may be raised as part of the appeal of the | 16 | | Referee's
decision. The allowance of a request to reconsider | 17 | | is not separately
appealable but may be raised as part of the | 18 | | appeal of the Referee's
reconsidered decision. A party may | 19 | | appeal the denial of a timely request to
reconsider a decision | 20 | | within 120 30 calendar days after the date of mailing of
notice | 21 | | of such denial, and any such appeal shall constitute a timely | 22 | | appeal of
both the denial of the request to reconsider and the | 23 | | Referee's decision.
Whenever reference is made in this Act to | 24 | | the Referee's decision, the term
"decision" includes a | 25 | | reconsidered decision under this subsection.
| 26 | | (Source: P.A. 88-655, eff. 9-16-94.)
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