reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2670 - VETERANS' EMPLOYMENT ACT PROGRAM › Section 2670.60 - Rural Outreach Initiative

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applicants proposing to serve areas outside of Cook County shall include, as a
			 part of their applications, a plan for a Rural Outreach Initiative. This Plan
			 should specify the means by which the applicant proposes to insure the delivery
			 of services to veterans in rural areas who would not otherwise have access to
			 the program.
b) Each Rural
			 Initiative Plan will be evaluated by the Department to assure that it is
			 sufficient to meet the need of the rural areas involved. The criteria consist
			 of:
1) Whether the plan includes an analysis
			 of the population and problems (e.g., number of veterans, unemployment rate,
			 particular circumstances such as plant closings, etc.) involved in the
			 area.
2) Whether the proposed
			 budget can realistically result in the delivery of the services described in
			 the plan.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart A - FACSIMILE MACHINES › Section 2712.1 - Use of Facsimile Machines

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any other provisions of this Chapter to the
				  contrary, any document that is a response to or protest of a statement or
				  notice that has been issued by the Department or the Director to which there
				  are protest or appeal rights may be filed by facsimile transmission sent to the
				  designated Department address. The date imprinted on the document by the
				  Department's telefax machine shall have the same effect as the U.S. Postal
				  Service's postmark. The individual or entity filing a document by telefax
				  transmission bears the risk that the transmission will not be successful. The
				  date imprinted on the transmission confirmation document by the sender's
				  telefax machine may be presented as evidence of successful transmission and
				  filing of the document.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart B - DIGESTS AND REPORTERS › Section 2712.105 - Digest of Adjudication Precedents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department of Employment Security
				publishes as an abridged reporter a compilation of selected Board of Review
				decisions, court orders and published appellate court decisions in the Digest
				of Adjudication Precedents (the Digest). It is available as part of a larger
				publication known as the UI Handbook.
b) Availability of Handbook
Copies of the UI Handbook shall be available free of charge
				  at the Department's website,
www.ides.state.il.us
.
c) Any individual desiring to submit a
				decision or order for inclusion in the Digest may do so by submitting a copy of
				that decision or order and his or her rationale for the inclusion to:
Illinois Department of Employment Security
Office of Legal Counsel
33 South State Street - 9th
				  Floor
Chicago, Illinois 60603
d) To be considered for inclusion in the
				Digest, a decision must fulfill any one of the following criteria:
1) The decision resolves an issue not already
				included in the Digest;
2) The
				decision modifies, creates an exception to, overrules, reverses, extends or
				changes a ruling previously included in the Digest;
3) The decision presents a fact pattern
				likely to repeat itself in future cases; or
4) The decision provides a statement of
				applicable facts and states a general principle of law that is readily
				applicable to the daily work of an Adjudicator, Referee or the Board of
				Review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.201 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All other terms used in this Part shall have the meaning set
				  forth in the Unemployment Insurance Act [820 ILCS 405 ] (Act).
"Small employer" is any employing unit, as defined in Section
				  204 of the Act [820 ILCS 405/204 ], that
				  reported wages paid to fewer than 20 individuals, whether part time or full
				  time, for each of any two of the four calendar quarters preceding the quarter
				  in which its application for legal assistance is made.
"Tax case" will mean an appeal brought pursuant to 56 Ill.
				  Adm. Code 2725.
"Valid claim or defense" is one which, to the best of the
				  provider or attorney's knowledge, information and belief formed after
				  reasonable inquiry, within the necessary time constraints, is well grounded in
				  fact and is warranted by existing law, is not interposed for any improper
				  purpose (i.e., for the purpose of harassment or delay) and, if proven by a
				  preponderance of the legally competent evidence of record at a hearing on that
				  issue, would require the proponent of the claim or defense to
				  prevail.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.202 - Agreement To Hold the Department Of Employment Security And Its Employees Harmless

Current through Register Vol. 48, No. 28, July 12, 2024
By participating in this legal services program, individuals
				  and small employers acknowledge that the Department of Employment Security and
				  its employees are not responsible for the quality of the legal services that
				  are provided and that their sole remedy for any alleged malpractice shall be an
				  action against the legal services provider or attorney involved in the
				  matter.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.205 - Eligibility Requirements For Legal Services For Small Employers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except for any
				unpaid contributions, penalties or interest which are the subject of the appeal
				for which the legal services are requested, a small employer requesting
				services under this program must not be delinquent in the payment of any monies
				due the Director under this Act.
b)
				The small employer must present a valid claim or defense to the action for
				which the legal services are sought. Whether a claim or defense is valid will
				be determined by the attorney assigned to the case by the legal service
				provider. If the small employer disagrees with the judgment of the attorney
				assigned to the matter by the legal service provider, it may pursue the
				internal review process established by the legal service provider. If the
				internal review process of the legal service provider still results in a
				decision that the small employer does not have a " valid" claim or if the small
				employer decides to forego the legal service provider's internal review
				process, it can hire a private attorney who may then be eligible for
				reimbursement pursuant to Section
				2712.207(b).
c) Application for legal services under this
				Part must be made at least three working days prior to the date of a scheduled
				hearing pursuant to 56 Ill. Adm. Code 2725 or before the referee under 56 Ill.
				Adm. Code 2720. Failure to make application for services prior to three working
				days before the hearing shall disqualify the small employer from receiving such
				services if the attorney assigned by the legal service provider finds that the
				reason that the small employer failed to apply for such services prior to such
				3 day period would not constitute good cause for a continuance under 56 Ill.
				Adm. Code
				2720.240. See
				examples following Section
				2712.203(c).
d) To be eligible for legal services at a
				hearing, the small employer must be a "party", as defined in 56 Ill. Adm. Code
				2720.1 or must be the
				appellant to an adverse decision, determination, order or ruling under 56 Ill.
				Adm. Code 2725 or the issue for which the legal services are being sought must
				be whether the small employer is a "party" as defined in 56 Ill. Adm. Code
				2720.1.
e) Even if the small
				employer does not qualify for legal services under this Section because it does
				not have a valid claim or defense, it shall be entitled to a maximum of
				one-half hour of legal advice regarding its unemployment insurance claim from
				the attorney assigned to the matter by the legal services provider.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.207 - Attorney Eligibility for Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director of the Department of
				Employment Security will contract separately for individuals and small
				employers with one or more legal service providers who will then be responsible
				to either hire staff attorneys or for assembling a referral panel of attorneys
				for providing the legal services pursuant to Section 802 of the Act
				[820
				ILCS 405/802 ]. Except as provided in subsection (b),
				the Director shall make no payments for legal services under this Part to
				anyone other than the legal service providers.
b) If any individual or small employer is
				denied legal services by a legal service provider because that individual's or
				small employer's claim or defense was determined not to be valid and that
				individual or small employer then hires a private attorney and prevails on that
				claim or defense, the individual or small employer shall be entitled to
				reimbursement for the services of the private attorney in an amount not to
				exceed the maximum fee set forth in Section
				2712.210.
c) All attorneys participating in this
				program, whether as staff attorneys or referral panelists for a legal services
				provider or a private attorney must be licensed by the State of Illinois and
				must carry or must be insured for at least $100,000 in malpractice
				insurance.
d) Any legal service
				provider under this Section must agree to maintain a toll-free number so that
				claimants and small employers can consult a plan attorney to determine their
				possible eligibility for the program.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2712 - GENERAL APPLICATION › Subpart C - LEGAL SERVICES PROGRAM › Section 2712.210 - Maximum Fees Allowed

Current through Register Vol. 48, No. 28, July 12, 2024
Where the individual or small employer has failed to present
				  a "colorable claim":
a) The maximum
				hourly rate for private attorneys paid for under this program shall be
				$50.
b) The maximum number of
				billable hours per referee appeal shall be six; the maximum number of billable
				hours per Board of Review appeal shall also be six. A maximum of ten billable
				hours shall be allowed per tax case.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart A - GENERAL PROVISIONS › Section 2714.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All other terms used in this Part shall have the meaning set
				  forth in Sections 200 through 247 of the Unemployment Insurance Act, unless the
				  context clearly requires otherwise.
"Act" means the Unemployment Insurance Act [820 ILCS 405
				  ].
"Agent State" means any state in which an individual files a
				  claim for benefits from another state.
"Agency" means any officer, board, commission or other
				  authority charged with the administration of the unemployment insurance law of
				  a participating jurisdiction.
"Benefits" means the compensation payable to an individual,
				  with respect to his or her unemployment, under the unemployment compensation
				  law of any state.
"Interested Jurisdiction" means any participating
				  jurisdiction to which an election submitted under this Part is sent for its
				  approval; and "interested agency" means the agency of a participating
				  jurisdiction.
"Interstate Benefit Payment Plan" shall have the meaning set
				  forth in Section 409(J) of the Act.
"Interstate Claimant" means an individual who claims benefits
				  under the unemployment insurance law of one or more liable states through the
				  facilities of an agent state. The term "interstate claimant" shall not include
				  any individual who customarily commutes from a residence in an agent state to
				  work in a liable state. However, if such an individual requests to be
				  considered an interstate claimant, the request shall be granted by Illinois as
				  a liable state.
"Jurisdiction" means any state of the United States, the
				  District of Columbia, Puerto Rico, the U.S. Virgin Islands, Canada or, with
				  respect to the federal government, any federal unemployment insurance
				  program.
"Liable State" means any state against which an individual
				  files, through another state, a claim for benefits.
"Participating Jurisdiction" means a jurisdiction whose
				  administrative agency has subscribed to the Interstate Reciprocal Coverage
				  Arrangement, which implements Section 3304(a)(9)(A) of the Federal Unemployment
				  Tax Act (
				  26 USC
				  3304(a)(9)(A) ) and is
				  authorized by 820 ILCS 405/2700A and B, and whose adherence to the Arrangement
				  has not terminated.
"Services Customarily Performed by an Individual in More Than
				  One Jurisdiction" means services performed in more than one jurisdiction during
				  a reasonable period, if the nature of the services gives reasonable assurance
				  that they will continue to be performed in more than one jurisdiction or if the
				  services are required or expected to be performed in more than one jurisdiction
				  under the election.
"State" shall have the meaning set forth in Section 409(J)(3)
				  of the Act.
"Week of Unemployment" includes any week of unemployment as
				  defined in the law of the liable state from which benefits with respect to that
				  week are claimed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.200 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall govern the Department of Employment
				  Security in its administrative cooperation with other States subscribing to the
				  Interstate Benefit Payment Plan.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.205 - Registration For Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				interstate claimant shall be registered for work through any public employment
				office in the agent State when and as required by the law, regulations, rules
				or procedures of the agent State.
b) Each agent State shall duly report to the
				liable State whether each interstate claimant meets the registration for work
				requirements of that agent State, as determined in accordance with the law of
				the agent State. Illinois, as an agent State, shall determine the registration
				for work requirements in accordance with the provisions of 56 Ill. Adm. Code
				2865.100(a)(1).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.210 - Benefit Rights Of Interstate Claimants

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a claimant files a claim against any
				State, and it is determined by such State that the claimant has available
				benefit credits from the State, then claims shall be filed only against such
				State as long as such benefits credits are available. Thereafter, the claimant
				may file claims against any other State in which there are available benefit
				credits.
b) For the purposes of
				this Subpart, benefit credits shall be deemed to be unavailable whenever
				benefits have been exhausted, terminated, or postponed for an indefinite period
				or for the entire period in which benefits would otherwise be payable, or
				whenever benefits are affected by the application of a seasonal
				restriction.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.215 - Claim for Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
Claims for benefits or waiting week credit shall be filed in
				  accordance with the liable state's requirements for interstate claims taking.
				  When Illinois is the liable state, initial interstate claims and continued
				  claims must be filed via the internet or telephone. The laws applicable to
				  intrastate claims and certifications shall apply to interstate claims and weeks
				  when Illinois is the liable state.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.220 - Determination of Claims

Current through Register Vol. 48, No. 28, July 12, 2024
The agent state shall have no responsibility and authority in
				  connection with the determination of interstate claims nor to the investigation
				  and reporting of relevant facts.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart B - INTERSTATE BENEFIT PAYMENTS › Section 2714.225 - Appeal Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				agent State shall afford all reasonable cooperation in the taking of evidence
				and holding of hearings in connection with appealed interstate benefit
				claims.
b) With respect to the time
				limits for taking an appeal, an appeal made by an interstate claimant shall be
				deemed to have been made and communicated to Illinois as a liable State on the
				date it is received by any officer of the agent State in accordance with the
				laws of such agent State. Illinois, as an agent State, shall accept any appeal
				filed by an interstate claimant at any local office in accordance with the
				provisions of 56 Ill. Adm. Code
				2720.200.
c) Except where contrary to the provisions of
				this Part, the provisions of 56 Ill. Adm. Code 2720 shall be applicable where
				Illinois is the liable State.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart C - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 2714.300 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
The Subpart shall govern the Department of Employment
				  Security in its administrative cooperation with other States subscribing to the
				  Interstate Reciprocal Coverage Arrangement, hereinafter referred to as "the
				  Arrangement."
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart C - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 2714.305 - Submission And Approval Of Coverage Elections Under The Interstate Reciprocal Coverage Arrangement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				employing unit may file an election, on a form provided by the Department, to
				cover under the law of a single participating jurisdiction all of the services
				performed for the employing unit by any individual who customarily works for
				the employing unit in more than one participating jurisdiction. That election
				may be filed, with respect to an individual, with Illinois as the elected
				jurisdiction if:
1) The employer is otherwise
				liable in Illinois; and
2) One or
				more of the following conditions exist:
A)
Any part of the individual's services are performed in Illinois;
				or
B)
The
				individual has his
or her
residence in Illinois;
				or
C)
The
				employing unit maintains a place of business
[ 820 ILCS 405/2700A ] in
				Illinois and the individual does not reside in or perform services in another
				jurisdiction where the employer is liable; and
3) The form referenced in subsection (a) is
				filed as provided in this Subpart; and
4) All other interested jurisdictions have
				approved of the election as provided in this Subpart; and
5) All affected workers have approved of the
				election as provided in Section
				2714.315.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart C - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 2714.310 - Effective Periods Of Election

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commencement:
1) An election approved under
				this Subpart shall become effective at the beginning of the calendar quarter in
				which the election is submitted, unless the election as approved specifies the
				beginning of a different calendar quarter;
2) If the electing unit requests an earlier
				effective date than the beginning of the calendar quarter in which the election
				is submitted, the earlier date shall be approved as to those interested
				jurisdictions in which the employer had no liability to pay contributions for
				the earlier period in question and to no others.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2714 - INTERSTATE AND FEDERAL COOPERATION › Subpart C - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 2714.315 - Reports And Notices By The Electing Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) The electing unit shall promptly notify
				each individual affected by its approved election and shall furnish the elected
				agency a copy of the form provided by the Department signed by each such
				affected individual.
b) Whenever an
				individual covered by an election under this Subpart is separated from his or
				her employment, the electing unit shall again inform the individual,
				immediately, as to the jurisdiction under whose unemployment compensation law
				his or her services have been covered. If, at the time of separation, the
				individual is not located in the elected jurisdiction, the electing unit shall
				notify that individual as to the procedure for filing interstate benefit
				claims.
c) The electing unit shall
				immediately report to the elected jurisdiction any change that occurs in the
				conditions of employment pertinent to its election, such as when an
				individual's services for the employer cease to be performed in more than one
				participating jurisdiction or when a change in work assigned to an individual
				requires him or her to perform services in a new participating jurisdiction
				outside Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.3 - "Week" In Relation To "Benefit Year"

Current through Register Vol. 48, No. 28, July 12, 2024
A week shall be deemed to be within the benefit year which
				  includes the ending date of such week.
Example: The individual's benefit year ends on Monday April
				  1, 1985. He establishes a new benefit year claim, effective April 2, 1985. If
				  this individual files a continued claim for the week ending April 6, 1985, that
				  week will be deemed to be in the benefit year beginning April 2,
				  1985.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.5 - Service of Notices, Decisions, Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsections (b) and
				(e), a notice, decision or order shall be served on every party, either by:
1) Personal service;
2) Mailing in an envelope, sealed and
				properly addressed to the last known address of the party, with the correct
				amount of postage prepaid; or
3) If
				agreed to by the party, posting on a secure website accessible to the person or
				entity and sending notice of the posting to the last known e-mail address of
				the person or entity.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.7 - Application for Electronic Data Transmission

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu of receiving its Notice of Claim
				to Last Employing Unit and Last Employer or other Interested Party as a paper
				document sent through the U.S. Postal Service, an employing unit (or its
				authorized agent) may apply to have the document sent to it through electronic
				data transmission.
b) The Director
				shall approve the 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
				CMS, designated by the Director;
2)
				Accept the date shown on the Department's records as conclusive evidence of the
				date that the electronically transmitted data was sent to the data
				center;
3) Demonstrate to the
				Director that the volume of claims filed against it justifies the cost to the
				Department of putting the employing unit on the electronic data transmission
				system.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.10 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) The calendar day
				on which any notice, decision or order is mailed or electronically transmitted
				by the Department shall be excluded in computing time.
b) The calendar day on which notice is due
				from a party or from an employing unit that is seeking to become a party (see
				Section
				2720.130(a)
				) or action is required by a party or by an employing unit that is seeking to
				become a party shall be included in the computation of time.
c) If the last day a document may be filed by
				a party or by an employing unit that is seeking to become a party is a day on
				which the Department facility is closed, the due date is extended to the end of
				the next day the facility is open.
d) The date on the document shall be
				rebuttable evidence that it was mailed on that date; a postmark placed on the
				envelope by the U.S. Postal Service shall be conclusive evidence of the date of
				mailing; when a Notice of Claim to Last Employing Unit and Last Employer or
				other Interested Party is electronically transmitted to an employing unit (or
				its authorized agent), the date of transmission shown on the Department's
				records shall be conclusive evidence of the date of service of the
				Notice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.11 - Methods of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes
				of this Section, "benefits" includes payments to a claimant pursuant to the
				Act; trade readjustment allowances and alternative trade adjustment assistance
				payable pursuant to the Trade Act of 1974, as amended (19 U.S.C.
				2101 et seq.); disaster unemployment
				assistance payable pursuant to the Robert T. Stafford Disaster Relief and
				Emergency Assistance Act, as amended (42 U.S.C.
				5121 et seq.); and any other payments the
				Department may make with respect to unemployment.
b) Except as otherwise provided in
				subsections (c) and (d), the Department will pay benefits to a claimant by
				crediting the benefits to a financial institution account that the Department
				will establish for the claimant and against which the claimant may
				electronically draw funds through the use of a debit card. The issuance of a
				debit card pursuant to this Section does not entitle a claimant to draw funds
				unless:
1) the claimant has activated the card
				in accordance with the instructions of the financial institution with which the
				account was established; and
2) the
				account has a positive balance. The claimant's use of a card pursuant to this
				Section shall be subject to the terms of the cardholder agreement provided by
				the financial institution with which the claimant's account has been
				established. The Department may make adjustments to an account established
				pursuant to this Section when necessary to correct credit or debit entries made
				in error.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.15 - Disqualification Of Adjudicator, Referee, Or Board Of Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) No Adjudicator or Referee or member of the
				Board of Review shall participate in any manner in any investigation or
				proceeding under the Act if he has a financial or other direct personal
				interest in the outcome of the proceeding or investigation. Personal interest
				includes family, social or professional relationships, or general bias or
				prejudice which would tend to affect the ability of the Adjudicator, Referee or
				Board member to remain fair and impartial.
b) A party seeking disqualification must file
				a written request to disqualify with the person whose disqualification is
				sought prior to the commencement of the investigation or proceeding. The
				request to disqualify must contain specific facts which indicate a financial or
				other direct personal interest in the outcome of the proceeding or
				investigation.
c) The person whose
				disqualification is sought will issue his decision on the request prior to the
				investigation or proceeding. If the request is denied, the reasons for the
				denial must be set forth in writing and the Adjudicator, Referee or Board of
				Review will proceed with the investigation or proceeding. The request and the
				reasons for the denial will be part of the record in any appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.20 - Attorney Representation of Claimants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Attorneys for claimants must file an
				Attorney Appearance and Authorization for Representation form signed by the
				claimant and his or her attorney. This form must be filed with the Department
				prior to a hearing before an Adjudicator or Referee, or prior to the decision
				of an Adjudicator, Referee, or Board of Review, whichever occurs first after
				the attorney begins his or her representation of the claimant.
b) Absent prior approval by the Board of
				Review under subsection (c), an attorney representing a claimant may not charge
				or receive more than:
1) 15% of the amount of
				the weekly benefits in a claim series received by the claimant after the
				claimant hires the attorney; or
2)
				$150 per hour, whichever is greater.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.25 - Form of Papers Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each form
				provided by the Department that specifies the information to be provided shall
				be completed in full as indicated. Every other document prepared by claimants,
				parties, or their representatives shall bear the name of the claimant, either
				the Social Security or Claimant Identification Number of the claimant, the name
				and address of the employer, the name, address, and telephone number of the
				person filing the document, and, if a person has received notice of appeal, the
				docket number of that appeal.
b)
				The omission of necessary information described in subsection (a) may lead to
				substantial delay in the review process of the document and could prevent any
				consideration of the document or its contents. In instances in which
				information cannot be obtained by other means, the Department shall immediately
				return the document with a description of the needed information to the person
				who filed it. If the document with all required information is returned within
				10 days after the date the Department mailed it back to the person, the
				document shall be considered filed on the date the Department originally
				received it.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.30 - Correction of Technical Errors

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Subject to the provisions of this Section, the Department shall, on its own
				motion or the motion of a party, correct any technical error in any Finding,
				Determination or Decision necessary to effectuate the intent of the originating
				authority by issuing a corrected Finding, Determination or Decision. Production
				of new evidence shall not be a technical error under the provisions of this
				Section.
EXAMPLE: The Referee issues a Decision, that states the facts
				  and applicable law. The text of the Decision indicates that benefits will be
				  allowed. However, the conclusion of the Decision states that benefits are
				  denied. Either on its own motion or the motion of a party, the Department shall
				  correct this Decision so that the conclusion follows from the facts and the law
				  as set out in the text of the Decision.
b) Any corrected Decision shall set forth the
				matter being corrected in a different type font than the original
				text.
c) No corrected Finding,
				Determination or Decision shall be issued when:
1) The issue in question has been appealed to
				a higher authority;
2) More than 13
				weeks have passed since the end of the benefit year affected by the finding, or
				more than a year has passed since the last day of the week for which the
				Determination was made; or
3) More
				than 30 days have passed since the date of mailing of the Decision of the
				Referee or the Board of Review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.35 - A Claimant's "Last Known Address"

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any provision to the contrary, a claimant's
				  "last known address", as that term is used in the Act, is the last address
				  provided to the Department by the claimant as provided in this Section. The
				  address provided by a claimant on his or her most recent unemployment insurance
				  claim application is the claimant's last known address until the claimant
				  informs the Department of a change of address by telephone or in person at any
				  local office, or through the internet at the Department's website,
				  www.ides.illinois.gov. The telephone number for submitting a change of address
				  can be found on the Department's website. Noting a change of address on an
				  appeal or other correspondence is not sufficient to change one's "last known
				  address".
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.40 - Eligibility for Pandemic Emergency Unemployment Compensation With a Higher Weekly Benefit Amount

Current through Register Vol. 48, No. 28, July 12, 2024
a) With respect
				to weeks beginning on or after December 27, 2020, an individual who is
				otherwise eligible to receive Pandemic Emergency Unemployment Compensation
				(PEUC) pursuant to Section 206(c)(1) of the federal Continued Assistance Act
				(PL 116-260) but for the federal requirement that such individual must have
				first exhausted the individual's entitlement to "regular" benefits (not
				including Extended Benefits) under the Act or the Unemployment Insurance Act of
				another state, shall continue to receive PEUC benefits in lieu of payment of
				regular benefits on a subsequent benefit year if:
1) the individual has remaining entitlement
				to PEUC benefits for a benefit year;
2) the individual's weekly benefit amount
				(not including any dependent allowance) for a subsequent, new benefit year is
				at least $25 less than the weekly benefit amount (not including any dependent
				allowance) that the individual is eligible to receive in PEUC; and
3) the benefit year on which the individual's
				PEUC is based expired after December 27, 2020.
Example: The individual exhausts his entitlement to regular
				  benefits on December 26, 2020 and files for PEUC, effective December 27, 2020
				  and is eligible for a PEUC weekly benefit amount of $450 per week. His first
				  benefit year ends on January 4, 2021. He files a subsequent benefit year claim,
				  effective the week beginning January 3, 2021. His weekly benefit amount on the
				  new claim is $51 per week. This individual will remain on PEUC until he
				  exhausts his PEUC benefits or until the program ends because his weekly benefit
				  amount on the new benefit year claim is at least $25 less than the weekly
				  benefit amount that he is eligible to receive in PEUC and the benefit year on
				  his prior claim expired after December 27, 2020.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.100 - Filing a Claim

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				employer shall deliver the What Every Worker Should Know About Unemployment
				Insurance form to each worker separated from employment for an expected
				duration of 7 or more days. The form shall be delivered to the worker at the
				time of separation or, if delivery is impracticable, it shall be mailed, within
				5 days after the date of the separation, to the worker's last known address.
				The forms shall be available for downloading from the Department's website.
				Every employer subject to the provisions of the Unemployment Insurance Act
				(including every employing unit that has elected, with the approval of the
				Director, to become an employer subject to the Act) shall post and maintain the
				notices as may be furnished by the Director. These printed notices shall be
				posted in conspicuous places in all of the establishments of the employer and
				shall be easily accessible for examination by the worker. These notices can
				also be downloaded from the Department's website.
b) Unless a claimant is otherwise instructed
				by the Department and except as otherwise provided in subsection (e), an
				initial claim for unemployment insurance benefits may be filed in person at any
				local office or over the telephone or on the internet at the Department's
				website. Subject to Section
				2720.25,
				when filing a claim, the claimant, when requested, shall provide the following
				to the local office:
1) A valid Social
				Security card or other evidence of his or her Social Security number, such as a
				W-2 form;
2) Any other form of
				positive identification such as a driver's license, state photo ID card or
				payroll check stub showing his or her name, address and date of
				birth;
3) For each employing unit
				for whom the claimant worked during the past 2 years:
A) The employing unit's name and
				address;
B) Dates of
				service;
C) Reasons for the
				claimant's separation:
i) If the employing
				unit is the federal government, Standard Form 8 and Personnel Action Form 50,
				or any other documents, such as a Form W-2 or check stub, that show he or she
				has worked for the federal government; or
ii) If the employing unit is the military,
				Separation Form DD-214;
4) The Social Security number, name and
				birthdate of each of the claimant's dependent children;
5) Social Security number, if any, of the
				claimant's spouse and information about the spouse's employment during the last
				2 years if the claimant is claiming the spouse as a dependent;
6) Information about other income, such as
				pensions, workers' compensation, payment for services, irrespective of whether
				the claimant regards the services as employment, or other unemployment
				insurance benefits that the claimant has received or will receive after the
				termination of his or her employment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.101 - Filing, Registering and Reporting by Mail Under Special Circumstances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The application
				of this Section is limited to individuals who fall within the following general
				categories who have no access to a telephone or the internet and who meet the
				requirements set forth in subsection (c):
1)
				Persons residing in any area or community where no transportation is readily or
				cheaply available, where no local office exists and where itinerant service is
				not furnished;
2) Persons working
				less than full time and residing in any area or community where itinerant
				service is furnished but who are employed at the time itinerant service is
				available to them;
3) Persons in
				the armed forces of the United States;
4) Persons whose physical condition prevents
				filing, registering and reporting in person;
5) Persons in full time employment under
				circumstances in which that reporting, registering or filing in person would be
				inconsistent with the purposes of the Act;
6) Persons claiming benefits with respect to
				a week of partial employment, defined as a calendar week of less than full time
				work with respect to which wages payable to an individual are less than his or
				her weekly benefit amount and are earned from his or her regular employing
				unit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.105 - Time for Filing an Initial Claim for Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) An initial claim for benefits should be
				filed no later than the end of the first week in which the claimant is
				separated from work. If it is filed later than the week the claimant became
				separated from work and backdating is not requested, the claim shall begin in
				the week in which it was filed.
b)
				If an initial claim is filed later than the end of the first week after the
				separation, but less than one year thereafter, at the claimant's request the
				Department will backdate the claim to the appropriate date and determine
				eligibility for that period if:
1) the
				claimant shows:
A) The individual's
				unawareness of his or her rights under the Act;
B) Failure of either the employing unit or
				the Department to discharge its responsibilities or obligations under the Act
				or the rules;
C) Any act of any
				employing unit in coercing, warning or instructing the individual not to pursue
				his or her benefit rights; or
D)
				Other circumstances beyond the claimant's control; and
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.106 - Dating of Claims for Weeks of Partial Unemployment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual who files a claim for a week
				of partial unemployment shall present valid evidence for the week, if the
				evidence has been furnished to him or her by the employing unit.
1) The failure of the individual to present
				valid evidence shall not be a ground for denial of benefits or waiting period
				credit with respect to the week.
2)
				If an individual fails to present valid evidence for the week, and it is not
				otherwise available, the Department shall request the employing unit to furnish
				evidence in accordance with the provisions of Section
				2720.107.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.107 - Employing Unit Reports for Partial Unemployment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Valid evidence as used in this Section and
				Section
				2720.106
				means a pay stub, pay envelope or voucher for the week showing:
1) The worker's name;
2) His or her Social Security
				number;
3) The ending date of the
				calendar week;
4) The wages earned
				by the worker during the week;
5)
				The employing unit's name;
6) A
				statement that the earnings were for a week of less than full time work, due to
				lack of work;
7) The signature
				(actual or facsimile) of a person authorized by the employing unit to sign the
				forms, or other positive identification of the authority supplying the valid
				evidence; and
8) The date on which
				the valid evidence was issued.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart B - APPLYING FOR UNEMPLOYMENT INSURANCE BENEFITS › Section 2720.108 - Alternative "Base Period"

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Section 237 of the Act provides a definition of the term "base period". That
				Section also provides that, when an individual does not qualify for the maximum
				weekly benefit amount provided under Section 401 of the Act because he or she
				had insufficient wages during his or her base period as a result of being
				unemployed and when he or she was awarded temporary total disability during the
				period under any workers' compensation or occupational diseases Act, he or she
				shall be entitled to have his or her weekly benefit amount computed using an
				alternative base period, as described in Section 401.
b) For the purpose of determining the
				applicability of the alternative base period described in Section 237 of the
				Act, "awarded" temporary total disability shall not be limited to awards made
				by the Illinois Workers' Compensation Commission or similar agencies in other
				states but shall include settlements and voluntary payments by employing units
				or their insurers.