reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.112 - Telephone or Internet Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (c), each
				claimant shall be a telephone or internet filer.
b) On his or her certification day, a
				telephone or internet filer shall call a designated telephone number and enter
				his or her PIN or log onto the Department's website, as applicable, as directed
				and respond to the questions concerning his or her claim for the prior two
				weeks. If a telephone or internet filer misses his or her assigned
				certification day, he or she may call or certify online on Thursday or Friday
				of that week, or on his or her assigned day or Thursday or Friday of the next
				week.
c) A mail filer will be sent
				a copy of the questions concerning his or her claim for the prior two weeks and
				shall respond in accordance with the provisions of Section
				2720.115(a);
				provided, a claimant cannot file by mail unless he or she requests to do so and
				furnishes information the Claims Adjudicator may require to determine:
1) He or she speaks neither English nor
				Spanish;
2) He or she is hearing
				impaired; or
3) He or she has no
				reasonable access to a touch-tone telephone or internet. In determining whether
				a claimant has reasonable access to a touch-tone telephone or to the internet,
				consideration shall be given, but not necessarily limited to, the following
				factors: the claimant's known physical or mental limitations, the claimant's
				concerns for his or her safety, and the overall level of effort required to
				access a touch-tone telephone or the internet; an occasional inconvenience or
				mere preference does not mean a claimant has no reasonable access to a
				touch-tone telephone or the internet.
A)
				EXAMPLE: A telephone filer, who has no telephone in his apartment, but has used
				touch-tone telephones in the lobby of his building and elsewhere in his
				neighborhood to certify, requests to become a mail filer. His reason is that
				sometimes he must wait a few minutes for someone to get off the telephone, so
				he would prefer to be a mail filer. An occasional inconvenience or mere
				preference does not mean he has no reasonable access to a touch-tone telephone.
				He cannot be a mail filer.
B)
				EXAMPLE: An individual who has been a telephone filer fails to certify and more
				than two weeks have passed since his certification day. This raises a late
				reporting issue for the weeks under review, to be resolved by applying the
				provisions of Section
				2720.120(b).
				Irrespective of how that issue is resolved, if it is found that the claimant no
				longer has reasonable access to a touch-tone telephone, then, for future weeks,
				the claimant may certify by mail.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.120 - Time for Filing Claim Certification for Continued Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the provisions of Section
				  2720.112:
a) The completed Claim Certification should
				be filed on the certification day as indicated on the form UI Finding. Failure
				to file the completed Claim Certification on the scheduled certification day
				will result in a delay in the processing of benefit payments.
b) If the Claim Certification is filed more
				than two weeks late but less than one year late, the Department will process it
				if the claimant shows:
1) The individual's
				unawareness of his or her rights under the Act;
2) Failure of either the employing unit or
				the Department to discharge its responsibilities or obligations under the Act
				or the rules;
3) Any act of any
				employing unit in coercing, warning or instructing the individual not to pursue
				his or her benefit rights; or
4)
				Other circumstances beyond the individual's control if the claimant shows he or
				she filed his or her claim within 14 days after the reasons for the failure to
				file no longer existed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.130 - Employing Unit Protest Of Benefit Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A protest ("Notice Of Possible
				Ineligibility" or a letter in lieu of that notice) raises questions of
				eligibility, entitles an employing unit to receive an Adjudicator's
				Determination regarding questions of eligibility raised and, if timely and
				sufficient as set out in this Section, provides party status and appeal rights
				of the Determination relating to the protest.
1) The employing unit shall file, either by
				mail or by hand delivery, the protest within 10 calendar days after the date of
				notice shown on the Notice of Claim to Last Employing Unit and Last Employer or
				Other Interested Party form (see Section
				2720.10
				for the computation of time). The protest shall be addressed, if mailed, or
				hand delivered to the Director at the local office designated on the form
				received by the employing unit. If the employing unit mails or hand delivers
				the protest to an address other than the address designated on the form
				received by the employing unit, timeliness of the notice shall be measured from
				the date of receipt at the proper address instead of the postmark date or the
				hand delivery date, as the case may be.
2) The protest should include the names,
				addresses and telephone numbers of persons having knowledge of the facts and
				circumstances supporting the allegation whom the employing unit designates for
				the Department to contact for further information. The protest must meet the
				sufficiency requirements of subsection (d).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.132 - Required Notice by an Employer of Separation for Alleged Felony or Theft Connected with the Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever an
				employer discharges an individual for an alleged felony or theft in connection
				with his or her work, the employer shall notify the Department of the
				separation.
b) The notification
				required by subsection (a) shall include the name of the individual discharged,
				his or her social security number, the name of the employer, its mailing
				address, its Illinois Employer Account Number, and the date of
				separation.
c) If the notification
				required by subsection (a) meets the sufficiency requirements of Section 602B
				of the Act and is mailed or faxed to the Department within at least 10 days
				after the date that the individual files his or her next claim for benefits,
				then the employer shall be a party to the Department's determination of
				eligibility under Section 602B of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.135 - Adjudicator Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				any question arises concerning the claimant's monetary or nonmonetary
				eligibility, the claimant will be notified in writing. The Adjudicator will
				inform the claimant of the precise factual question relating to his
				eligibility, the Sections of the law involved, and the source of the
				information that raised the question.
b) An Adjudicator will investigate all
				allegations in the employer's protest. He or she will contact the employer,
				claimant and, if possible, any other source that either party identifies to
				resolve the protest, provided that the Department will not contact witnesses
				identified by the claimant or the employer without notifying the claimant or
				the employer's designated contact person (see Section
				2720.130(a)(2)
				), as appropriate. The claimant will be given an opportunity to provide the
				Adjudicator with any statements or other evidence to refute or explain the
				allegations and establish his or her rights to benefits.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.140 - Adjudicator Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Adjudicator's Determination will set forth, in writing, its factual and legal
				basis. The Department will mail a copy of the Adjudicator's Determination to
				all parties (see Section
				2720.1 ). For an
				employing unit that is not entitled to party status under Section 702 of the
				Act, the Department will mail to the nonparty employing unit:
1) A copy of the Determination regarding the
				claimant's eligibility for benefits as information only if the employing unit's
				protest is untimely pursuant to Section
				2720.130,
				or if the claimant is disqualified under a separation issue (Sections 601, 602
				and 603 of the Act) and the employing unit from which the separation occurred
				filed no protest;
2) A copy of the
				Determination that the employing unit's protest is insufficient pursuant to
				Section 2720.130, from which the employing unit may make an appeal, after
				affording the employing unit an opportunity to submit a sufficient protest in
				accordance with Section 2720.130.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.145 - Payment of Unemployment Insurance Benefits for Initial Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) If no question
				is raised concerning a claimant's eligibility to receive benefits, the
				Department will begin promptly to pay benefits to the claimant following the
				claimant's first certification. If the claimant does not receive his or her
				benefits within 15 days after the date of his or her first certification form,
				he or she must contact the local office or call center no later than the Friday
				of the second week following the week that he or she first certified to prevent
				further delay in the payment of benefits.
b) If a question is raised concerning
				claimant's eligibility to receive benefits, the Adjudicator will promptly
				investigate the matter pursuant to Section
				2720.135.
				(Customarily, the investigation will be completed within 20 days.)
1) If the Adjudicator finds the claimant is
				eligible for benefits, the claimant will receive benefits. However, the
				employer may seek reversal of the Adjudicator's determination by appealing that
				determination (see Section
				2720.200
				). If the claimant is subsequently determined to be ineligible, benefits
				received may be recouped or recovered.
2) If the Adjudicator finds the claimant is
				not eligible for benefits, the claimant will not receive benefits. However, the
				claimant may seek reversal of the Adjudicator's determination by appealing that
				determination (see Section 2720.200). If the claimant is subsequently
				determined to be eligible, all benefits due will be paid.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.150 - Applying for Unemployment Insurance Benefits Under Extension Programs

Current through Register Vol. 48, No. 28, July 12, 2024
From time to time, various unemployment insurance programs
				  that pay benefits beyond 26 weeks, such as Extended Benefits under Section 409
				  or 409.1 of the Act, or Federal Supplemental Compensation, may be in effect.
				  When such a program becomes effective, the Department will notify the claimant
				  in writing of:
a) the requirements to
				receive benefits under that program; and
b) where and when to file a claim for
				benefits under that program.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.155 - Non-Resident Application for Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A claimant who has worked in Illinois but
				lives outside Illinois may apply for benefits by filing a claim at the
				unemployment insurance office in the state or territory in which he or she
				resides. As soon as the individual becomes unemployed, he or she should report
				to the nearest unemployment insurance office and follow the procedures as
				directed by that office.
b) A
				claimant who has worked in Illinois but lives outside Illinois may, at his or
				her option, file his or her claim in Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.160 - Reconsidered Findings or Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)  Upon the written request of a party or the receipt of new information relating to the original issues, and subject to the time limits set forth in this Section, an adjudicator shall reconsider an original finding or determination.
1)  In the case of a finding, an adjudicator shall reconsider his or her finding within 13 weeks after the close of the claimant's benefit year;
2)  In the case of a determination that does not involve the issue as to whether or not the claimant misstated his or her earnings for the week, or whether or not the claimant has been paid wages as a result of a back pay award made by any governmental department or pursuant to arbitration proceedings, or as a result of a payment of wages wrongfully withheld by an employing unit, an adjudicator shall reconsider his or her determination within one year after the last day of the week for which the determination was made;
3)  In the case of a determination that involves the issue as to whether or not the claimant has been paid wages as a result of a back pay award made by any governmental department or pursuant to arbitration proceedings, or as a result of a payment of wages wrongfully withheld by an employing unit, an adjudicator shall reconsider his or her determination within three years after the last day of the week for which the determination was made;
4)  In the case of a determination that involves the issue as to whether the claimant misstated earnings for any week beginning on or after March 15, 2020, an adjudicator shall reconsider his or her determination within five years after the last day of the week for which the determination was made [820 ILCS 405/703  ];
5)  A finding or determination shall not be reconsidered subsequent to the filing of an appeal under Section 2720.200, except when the issue is newly discovered as to whether or not the claimant misstated his or her earnings, or unless the matter is remanded to the adjudicator by a Referee, the Board of Review or a court.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.200 - Filing of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party
				may appeal an Adjudicator's determination or finding. An appeal should be filed
				in person at or by mail or fax to the local office where the claim was
				filed.
b) The appeal must be filed
				within 30 days after the Adjudicator's Determination or Finding was mailed or
				hand delivered to the parties (see Section
				2720.10
				).
c) No special form is necessary
				to file an appeal to the Referee. The appeal must comply with the following
				requirements:
1) The appeal must be in
				writing, dated and signed by the person appealing or that person's
				representative; and
2) The appeal
				must be limited to one claimant and contain the name of the claimant and either
				the Social Security or Claimant Identification Number of the
				claimant.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.201 - Application For Electronic Data Transmission Of Notice Of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu of
				receiving its notice of hearing as a paper document sent through the United
				States mail, an employing unit (or its authorized agent) may apply to have such
				document sent to it through electronic data transmission.
b) The Director shall approve such
				application if the employing unit (or its authorized agent) agrees to:
1) At its own expense, on a daily basis,
				retrieve its electronically transmitted data from the data center of the
				Illinois Department of Central Management Services, designated by the
				Director;
2) Accept the date shown
				on the agency's records as conclusive evidence of the date that the
				electronically transmitted data was sent to the data center of the Illinois
				Department of Central Management Services;
3) Demonstrate to the Director that the
				volume of hearings at which it has party status justifies the cost to the
				agency of putting the employing unit (or its authorized agent) on the
				electronic data transmission system.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.205 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				notice of the time, date and place of the hearing shall be mailed to the
				parties at least 10 days before the date of the hearing.
b) The notice will identify the parties and
				the Findings or Determination being appealed and will inform the parties of the
				issues upon which the appeal is based.
c) In the event that a claimant appeals an
				Adjudicator's Determination regarding a separation issue (Sections 601, 602 and
				603 of the Act), and when the employing unit from which the separation occurred
				is not a party, the employing unit will receive notice of hearing that it may
				attend as a nonparty and present such facts and evidence as it may
				possess.
d) No hearing, or part of
				a hearing, shall be conducted on an issue to which the parties have not been
				given notice pursuant to subsections (a) and (b) unless the notice is waived by
				all parties either in writing or on the record.
e) Unless notice is waived under subsection
				(d), if, during or after the hearing, the Referee determines that the facts
				require a Decision under a Section of the Act different from the Section
				specified in the notice given under subsections (a) and (b), or that the notice
				does not accurately describe the question at issue, then the Referee shall
				immediately terminate the hearing, if applicable, issue no Decision on the
				merits for the Section or questions for which proper notice was not given, and
				shall either:
1) Remand the unresolved issues
				back to the Claims Adjudicator for a Finding or Determination on the correct
				issues if facts or issues are introduced that were not previously presented to
				the Claims Adjudicator; or
EXAMPLE: The Referee is examining the claimant with respect
				  to the reason for separation from work. During the course of the hearing, the
				  claimant indicates that he may not be able to work. Under the circumstances,
				  the Referee shall remand the case to the Claims Adjudicator for a Determination
				  under Section 500 of the Act.
2) Cause new notices containing the correct
				issues to be mailed to the parties when the facts remain the same as presented
				to the Claims Adjudicator but the incorrect issue was identified.
EXAMPLE: Based solely on the testimony of the claimant, the
				  Claims Adjudicator determines that the claimant was discharged from his last
				  job. After hearing testimony from the parties, the Referee decides that the
				  separation was caused by the claimant's voluntary resignation. Here, if the
				  parties refuse to waive notice, the Referee shall cause new notices containing
				  the correct issue to be mailed to the parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.207 - Untimely Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever it
				shall appear to the Referee that the appeal was not filed in a timely manner as
				provided in the Act and no issue relating to timeliness is raised in the letter
				of appeal, the Referee shall issue his or her decision dismissing the appeal
				without holding a hearing on the matter. The Referee shall expedite the
				processing of cases to which this subsection applies.
b) If a timely appeal is filed with the Board
				of Review of a decision issued pursuant to subsection (a), the Board of Review
				shall immediately remand the matter to the Referee for a hearing on the
				question of the timeliness of the appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.210 - Preparation for the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				party shall appear at the hearing before the Referee with witnesses or
				documents it believes to be necessary to establish or refute allegations set
				forth in the appeal.
b) The Agency
				shall provide to a party requiring a foreign language interpreter, at the
				Agency's expense, an interpreter able and willing to translate verbatim from
				the witness's language into English and vice versa. The Referee will administer
				an interpreter's oath to any interpreter.
c) Upon timely request to the Referee
				assigned to the case, or his or her supervisor, prior to the beginning of an
				in-person hearing, a party may inspect the file during the Agency's regular
				business hours at the office of the Referee assigned to the case. The Agency
				will maintain a written record of the date and name of any person inspecting
				the file. In the case of a telephone hearing, a file may be inspected at the
				local office where the claim was filed or at the Agency's main office at 33 S.
				State, Chicago IL, if the request is made at least 2 working days prior to the
				hearing; when the request is timely made, the Agency will provide the party
				making the request with an opportunity to inspect the file at least 24 hours
				prior to the hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.215 - Format of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise provided in subsection (b), hearings shall be conducted by
				telephone.
b) A witness or party
				may appear in-person, upon the Referee's motion, or upon the request of the
				witness or party for good cause shown, when the request is received by the
				Referee prior to the date of the hearing. When a referee schedules an in-person
				appearance on his or her own motion, the witness or party may appear by
				telephone, upon the witness' or party's request, when the request is received
				by the Referee prior to the date of the hearing, unless the witness is required
				to appear in person pursuant to this subsection. A witness or party shall be
				required to appear in-person if the Referee finds that an in-person appearance
				is necessary for the furnishing of interpretive services to a party who is
				hearing or speech impaired, or due to the volume or complexity of the evidence.
				If the Referee denies or requires the in-person appearance of a witness or
				party, the reasons for doing so shall be stated on the record.
c) A party appearing by telephone shall
				submit to the Referee and any opponent any documents that it intends to
				introduce at the hearing in time to ensure receipt of the documents before the
				date of the scheduled hearing. The documents may be submitted to the Referee by
				mail or fax at the address or fax number listed on the Notice of Hearing.
				Documents may not be submitted to a Referee by e-mail transmission. Documents
				submitted to a Referee by e-mail transmission will not be considered. If a
				party is appearing by telephone in a matter that has been remanded by either
				the Board of Review or the Circuit Court and the opposing party was represented
				by an attorney before the body that ordered the matter remanded, copies of
				those documents must be served on the attorney for the opposing party. If the
				Referee finds that any document introduced or referenced in the course of the
				hearing was not received, the Referee shall continue the hearing until that
				document is received or proceed with the hearing with or without the admission
				of the document. If the Referee proceeds with the scheduled hearing, the
				reasons for admitting or not admitting the document shall be stated on the
				record.
d) This Section shall not
				apply to appeals of decisions relating to the amount of wages found in a
				claimant's base period; those cases will be governed by 56 Ill. Adm. Code
				2725.200.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.220 - Ex Parte (One Party Only) Communications

Current through Register Vol. 48, No. 28, July 12, 2024
In any contested matter involving more than one
				  party, the Referee shall not communicate, directly or indirectly, in connection
				  with any issue of fact, with any interested person or party except on notice
				  and opportunity for all parties to participate.
[
				  5 ILCS
				  100/10-60 ] If the Referee receives any such ex parte
				  (with one party only) communication, including any documents, he or she shall
				  inform the other parties of the substance of any such oral communication and
				  provide copies of any such written communication or documents as soon as
				  practicable after the communication. The other party shall be given an
				  opportunity to respond either to any ex parte communication in writing or on
				  the record. The e-mail address listed on a Notice of Hearing shall be used only
				  to request to appear at a hearing in-person in accordance with Section
				  2720.215(b),
				  provide contact information in advance of the hearing, request a continuance in
				  accordance with Section
				  2720.240,
				  or request a reopening in accordance with Section
				  2720.255.
				  If their e-mail address is available, the other party opponent, if any, should
				  be copied on any e-mails sent to the e-mail address listed on the Notice of
				  Hearing. The Department's e-mail system is not secure and so social security
				  numbers must not be included in e-mails to the e-mail address listed on the
				  Hearing Notice (the Claimant ID or docket number should be used
				  instead).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.225 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may
				request the Referee to issue a subpoena to compel the attendance of a witness
				or the production of documents. The request shall be made either in writing or
				on the record. The Request for Subpoena shall:
1) Identify the witness or documents
				sought;
2) State the facts that
				will be proven by each witness and each document sought.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.227 - Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Referee or
				the Director's Representative if the issue is Section 604 before whom an
				eligibility issue is pending shall order the taking of the deposition,
				specifying the subject matter to be covered, of a person other than the
				appellant, under oral examination or written questions for use as evidence at
				the hearing, provided:
1) It appears to the
				Referee that the deposition of the person is necessary for the preservation of
				relevant testimony because of the substantial possibility it would be
				unavailable at the time of the hearing (such as when a witness has a scheduled
				vacation, out of town business trip or job interview set for the date of the
				hearing); and
2) The request is
				made on motion by a party who gives notice of the motion to all other parties
				to the issue.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.230 - Consolidation Or Severance Of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Referee shall, on his own motion or
				request of a party, consolidate hearings if he finds that the hearings involve
				a common question of law or fact, that consolidation will expedite the
				hearings, and that no right of any party will be prejudiced.
b) Prior to consolidation, all parties shall
				be given notice of the motion to consolidate in writing or on the record and
				shall be given an opportunity to be heard on the motion in writing or on the
				record.
c) The Referee shall sever
				cases previously consolidated if he finds that the conditions in subsection (a)
				have not been satisfied.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.235 - Withdrawal Of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant may voluntarily withdraw his appeal by signed
				  written statement filed with the Referee or by oral statement on the record at
				  any time before the Referee's decision is issued. All parties will receive
				  written notice of the withdrawal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.240 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Referee to
				whom the appeal was assigned, or a hearings supervisor if the Referee is not
				available, shall grant a continuance requested by a party only for "exceptional
				reasons". The request must be made in person, by telephone, or in writing by
				mail, fax or e-mail. The request must be received prior to the conclusion of
				the hearing. A request for continuance received after the conclusion of the
				hearing will be treated as a request for reopening in accordance with Section
				2720.255.
				"Exceptional reasons" are limited to:
1)
				Compassionate Grounds:
A) Medical reasons
				that prevent the individual from appearing if the Referee is provided with
				proper documentation or proof of those reasons, including but not limited to a
				previously scheduled medical appointment; or
B) Medical emergency or death in the
				family;
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.245 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Referee
				will control the hearing, will be confined to the factual and/or legal issues
				on appeal, and will ensure that the parties have a full opportunity to present
				all evidence and testimony regarding those issues.
b) Following examination of each witness by
				the Referee, that witness may be questioned and cross-examined by any other
				party and further questioned by the Referee, if necessary, to ensure clarity
				and completeness of the issues and of the record. The Referee shall ensure that
				the parties have full opportunity to present all evidence and testimony
				regarding the factual and/or legal issues on appeal.
c) If any person becomes abusive or
				disruptive so that a full and fair hearing cannot be conducted, the Referee
				shall exclude the person from the hearing. The Referee will then continue the
				hearing without the participation of the excluded individual, and will render a
				decision based on the evidence in the record.
d) The Director shall prohibit any individual
				from representing a party in a proceeding under this Part if the Director finds
				that the individual is or has been guilty of violating the standards in Rule
				8.4 of the Illinois Rules of Professional Conduct, Article 8 of the Rules of
				the Illinois Supreme Court or has intentionally disregarded the provisions of
				the Act or rules promulgated under the Act, or the written instructions of the
				Board of Review. The prohibition shall be in writing and shall be applicable
				for a period not to exceed 120 days from the date the decision is mailed to the
				party. The individual may appeal the Director's Decision under the
				Administrative Review Law [ 735 ILCS 5 /Art. III].
e) Unless agreed to by all parties in writing
				or on the record, no bifurcated (split) hearings shall be held.
EXAMPLE: The appellant appears at the scheduled hearing, and
				  his testimony is taken by the referee; the appellee fails to appear but later
				  requests and is granted a reopened hearing. At the reopened hearing, only the
				  appellee appears. This situation shall not constitute a bifurcated
				  hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.250 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Technical
				rules of evidence do not apply to hearings before Referees. Unobjected to
				hearsay statements may be considered and given their natural probative value.
				However, the decision of the Referee will be based on the preponderance of the
				credible, legally competent evidence in the record.
b) Except for evidence or testimony that
				would be cumulative or irrelevant to the issue or issues on appeal, the Referee
				will not, on his or her own initiative, refuse to admit evidence or testimony.
EXAMPLE: During a hearing, the claimant testifies to
				  something that is considered hearsay under the rules of evidence. If the
				  employer does not object, the Referee should allow the claimant to continue his
				  or her testimony uninterrupted. The Referee should then question the employer
				  about the claimant's testimony and then weigh the credibility of both
				  sides.
c) The Referee may,
				but need not, rule on any objection to the introduction of evidence or
				testimony, and the Referee will ensure that all objections are duly noted and
				made part of the record. If the Referee sustains an objection to the
				introduction of evidence, the Referee will allow the proponent to make an offer
				of proof in the form of a brief explanation of what the evidence or testimony
				would show. The Referee may require that an offer of proof be presented in a
				condensed form to avoid needless repetition and undue length of the hearing
				record. Any evidence excluded by the Referee will, nevertheless, be placed in
				the record so that the question of its admissibility may be considered by the
				Board of Review or a reviewing court.
EXAMPLE 1: During a hearing, the claimant testifies to
				  something that would be considered hearsay under the rules of evidence. The
				  employer's attorney objects on the basis of hearsay. At this point, the Referee
				  can either note the objection but allow the claimant to continue with testimony
				  or rule on the admissibility of the claimant's testimony. If the Referee rules
				  on the employer's objection, and finds the testimony inadmissible, the Referee
				  should allow the claimant to explain what the testimony would show to preserve
				  the claimant's right to appeal the issue.
EXAMPLE 2: During a hearing, the employer attempts to
				  introduce a written statement from a witness who is not present. In the
				  statement, the witness writes that that he observed the claimant violate a rule
				  of the employer. The claimant's attorney objects to the introduction of the
				  written statement as hearsay. The Referee decides to sustain the objection and
				  exclude the written statement. At this point, the Referee should mark the
				  written statement as an exhibit, indicate that the exhibit is not in evidence,
				  and place it into the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.265 - The Record

Current through Register Vol. 48, No. 28, July 12, 2024
A complete record will be kept of all proceedings before the
				  Referee. The record will consist of a digital recording and/or tape recording
				  of testimony of the parties and their witnesses, and the digital and/or paper
				  copy of all documents introduced into evidence, all notices, written motions or
				  requests, decisions, findings of fact, and reports of investigations by the
				  Adjudicator, Referee or Board of Review relating to the factual and/or legal
				  issues on appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.270 - Referee's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The Referee's Decision will include findings of fact and
				  conclusions of law, separately stated and based on the preponderance of the
				  credible, legally competent evidence in the record. The Department will mail a
				  written copy of the Department's Decision to the parties (see Section
				  2720.1 ) and to
				  nonparty employers pursuant to Section
				  2720.205(c).
				  (Customarily, a decision will be mailed within 45 days after the date of filing
				  of the appeal.)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.275 - Labor Dispute Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appeals from
				an Adjudicator's Determination regarding eligibility under Section 604 of the
				Act relating to unemployment due to a labor dispute shall be heard by the
				Director or a Director's Representative.
b) All procedural provisions of Subpart C,
				except for requests for rehearings, shall be applicable to the labor dispute
				proceedings.
c) After the
				completion of a hearing regarding any matter under the provisions of Section
				604 of the Act, the Director's Representative shall issue a written report to
				the Director containing a Recommended Decision stating a factual and legal
				basis for it. A copy of the report and Recommended Decision shall be mailed to
				all parties and their designated representatives.
d) Within 10 days after the mailing of the
				report and Recommended Decision, any party may file written objections to it
				with the Director's Representative. After receipt of the report and Recommend
				Decision and objections or if no objections are filed within the time provided,
				the Director shall make a Decision affirming, modifying, or setting aside the
				Recommended Decision or remanding the proceedings with instructions.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart C - APPEALS TO REFEREE › Section 2720.277 - Prehearing Conference in Labor Dispute Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any case arising under the provisions
				of Section 604 of the Act, the Director or the Director's Representative shall
				hold a prehearing conference if it will expedite the hearing.
b) All parties shall be given notice of the
				prehearing conference, and the following items shall be considered at the
				conference:
1) Simplification of the
				issues;
2) The possibility of
				obtaining admissions of fact and documents that will avoid unnecessary proof at
				the hearing;
3) The limitation on
				the number of witnesses or the scope of their testimony.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.300 - Filing of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party
				may appeal a Referee's Decision. An appeal shall be filed in person, by fax or
				by mail. The appeal must be filed within 30 days after the Referee's Decision
				has been mailed to the parties. The appeal should be filed at the address shown
				on the Referee's Decision.
b) No
				special form is necessary to file an appeal to the Board of Review. The appeal
				should:
1) Be in writing, dated and signed by
				the person appealing or that person's representative;
2) Contain the docket number of the Referee's
				Decision, the name of the claimant and either the Social Security or Claimant
				Identification Number of the claimant;
3) set forth the parts of the decision with
				which the appealing party disagrees and the specific reasons for that
				disagreement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.305 - Notice of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Written notice of the Appeal to the Board of Review will be
				  mailed to the parties or their duly designated representatives and to nonparty
				  employers in accordance with the provisions of Section
				  2720.205(c).
				  Each notice of appeal will state the issues involved in the appeal, the date of
				  filing of the appeal, and the appellant's right to apply for a Notice of Right
				  to Sue as provided in Section
				  2720.345.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.310 - Request for Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
The Board of Review shall decide a case on the record as
				  defined in Section
				  2720.265 without oral
				  argument or shall grant oral argument where it is necessary or appropriate for
				  a full and fair disposition of the appeal, as follows:
a) Upon filing an appeal to the Board of
				Review, or, if the requesting party is the appellee, within 7 days after
				mailing of the Notice of Appeal, a party may request in writing that the Board
				hear oral argument. The requesting party must certify in writing that he or she
				has served a copy of his or her request for oral argument to all other
				parties.
b) Thereafter, the Board
				will promptly grant or deny the request (customarily within 30 days after the
				request). If the request is denied, the Board will issue its decision based on
				the record. Its decision will also contain the reasons for the denial of the
				request. If the request is granted, the Board will inform the parties in
				writing and will order such hearing as is necessary for a full and fair
				disposition of the appeal.
c)
				Request for Oral Argument by an appellee must contain the Board of Review
				Docket Number assigned to the matter, as set forth in the Notice of
				Appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.315 - Submission of Written Argument or Request to Submit Additional Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may
				inspect or request a transcript of the hearing or a copy of the file as
				provided in this subsection. The appellant shall have 15 days after the appeal
				is filed to request a transcript of the hearing or a copy of the file. The
				appellee shall have 7 days after the mailing of the Notice of Appeal to request
				a transcript of the hearing or a copy of the file. In the event only a
				transcript is initially sought and obtained, a later request for a copy of the
				file must be made within 7 days after the date the transcript is mailed or made
				available for inspection. The Board of Review shall make the file available to
				the parties during the Department's regular business hours.
b) A party may file a written argument to the
				Board of Review as provided in this subsection. The Board of Review shall not
				consider any written argument, response, or reply unless the submitting party
				has certified that it served a copy of the written argument on the opposing
				party.
1) If a request for inspection of a
				transcript or a copy of the file has been timely made, the parties shall have
				10 days after the date that the transcript or file is mailed or made available
				for inspection, whichever is later, to file a written argument to the Board of
				Review. The submitting party shall certify that it served a copy of the written
				argument on the opposing party.
2)
				If a request for an inspection or a transcript of the hearing or a copy of the
				file has not been timely made, the appellant shall have 15 days after the
				appeal has been filed and the appellee shall have 7 days after the date of
				mailing of the Notice of Appeal to file a written argument with the Board of
				Review. The submitting party shall certify that it served a copy of the written
				argument on the opposing party.
3)
				If the opposing party wishes to file a response, it must file with the Board
				and serve on the submitting party any response within 7 days after the
				submitting party's written argument was mailed to the opposing party.
4) If the submitting party wishes to file a
				reply, it must file with the Board and serve on the opposing party any reply
				within 5 days after the opposing party's response was mailed to the submitting
				party.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.320 - Access To Record

Current through Register Vol. 48, No. 28, July 12, 2024
Upon reasonable notice, either written or oral, to the Board
				  of Review, a party may inspect the file during normal business hours at the
				  office of the Board. A party may also obtain a copy of the record at the
				  party's own expense at the cost of $.25 per page.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.325 - Withdrawal Of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The appellant may voluntarily withdraw his appeal by signed
				  written statement filed with the Board of Review at any time before the Board's
				  decision is issued. All parties will receive notice of the
				  withdrawal.