(820 ILCS 405/803) (from Ch. 48, par. 473)
Sec. 803.
Board of
review - Decisions.
The Board of Review may, on its own motion or upon appeal by any party
to the determination or finding, affirm, modify, or set aside any decision
of a Referee. The Board of Review in its discretion, may take additional
evidence in hearing such appeals, or may remand the case, in whole or in
part, to a Referee or claims adjudicator, and, in such event, shall state
the questions requiring further consideration and give such other
instructions as may be necessary. The Director may remove to the Board of
Review or transfer to another Referee the proceedings on any claim pending
before a Referee. Any proceedings so removed to the Board of Review shall
be heard in accordance with the requirements of Section 801 by the Board
of Review. At any hearing before the Board of Review, in the absence or
disqualification of any member thereof representing either the employee or
employer class, the hearing shall be conducted by the member not identified
with either of such classes.
Upon receipt of an appeal by any party to the findings and decision of a
Referee, the Board of Review shall promptly notify all parties entitled to
notice of the Referee's decision that the appeal has been filed, and shall
inform each party of the right to apply for a Notice of Right to Sue as
provided for in this Section.
The Board of Review shall provide transcripts
of the proceedings before the Referee within 35 days of the date of the
filing of an appeal by any party. The Board of Review shall make a final
determination on the appeal within 120 days of the date of the filing of
the appeal and shall notify the parties of its final determination or finding,
or both, within the same 120 day period. The period for making a final
determination may be extended by the Board of Review to no more than 30
additional days upon written request of either party, for good cause shown.
At any time after the expiration of the aforesaid 120 day period, or the
expiration of any extension thereof, and prior to the date the Board of
Review makes a final determination on the appeal, the party claiming to be
aggrieved by the decision of the Referee may apply in writing by certified
mail, return receipt requested, to the Board of Review for a Notice of
Right to Sue. The Board of Review shall issue, within 14 days of the date
that the application was mailed to it, a Notice of Right to Sue to all
parties entitled to notice of the Referee's decision, unless, within that
time, the Board has issued its final decision. The
Notice of Right to Sue shall notify the parties that the findings and
decision of the Referee shall be the final administrative decision on the
appeal, and it shall further notify any party claiming to be aggrieved
thereby that he may seek judicial review of the final decision of the
referee under the provisions of the Administrative Review Law. If the
Board issues a Notice of Right to Sue, the date that such notice is served
upon the parties shall determine the time within which to commence an
action for judicial review. Any decision issued by the Board after the
aforesaid 14 day period shall be null and void. If the Board fails to
either issue its decision or issue a Notice of Right to Sue within the
prescribed 14 day period, then the findings and decision of the Referee
shall, by operation of law, become the final administrative decision on the
appeal. In such an instance, the period within which to commence an action
for judicial review pursuant to the Administrative Review Law shall begin
to run on the 15th day after the date of mailing of the application for the
Notice of Right to Sue. If no party applies for a Notice of Right to Sue,
the decision of the Board of Review, issued at any time, shall be the final
decision on the appeal.
(Source: P.A. 84-26.)
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