Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.335 - Procedural Requirements And Right Of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever, pursuant to Section 701 of the
				Act, the claims adjudicator decides that an employer is the "last employer" of
				an individual (employer subject to benefit charges or payments in lieu of
				contributions) as provided in this Subpart, or, pursuant to Section 706 of the
				Act, decides that charges must be assessed against the employer pursuant to
				Section 2765.336 for benefits for which a claimant was ultimately determined to
				be ineligible, the claims adjudicator shall promptly notify the employer of
				this decision. A decision that an employer is the "last employer" of an
				individual shall apply to the week beginning with the effective date of the
				claim and each week thereafter until the claims adjudicator finds that the
				individual is no longer unemployed.
EXAMPLE: An individual files a claim with a benefit year
				  beginning January 10, 1993, and Company A is notified that it is the "last
				  employer". The employer fails to file a timely request for reconsideration of
				  this decision. The individual is then paid benefits for the period from January
				  10, 1993 through January 30, 1993. Company A is the chargeable employer for
				  this period. The individual returns to work for Company A and earns over his
				  weekly benefit amount for the week ending February 6, 1993. He is then laid off
				  of work and files an additional claim beginning February 7, 1993. Company A is
				  notified that it is the "last employer" with respect to this claim. Company A
				  can file a timely request for reconsideration of this decision. However, this
				  request will affect only weeks after February 6, 1993.
b) If the employer disagrees with the
				decision of the claims adjudicator that it is the "last employer", or that
				charges must be assessed against the employer pursuant to Section 2765.336, the
				employer must file a written request for reconsideration of this decision
				within 10 days after the date of mailing of the decision.
c) A request for reconsideration of the
				decision of the claims adjudicator must comply with the requirements of 56 Ill.
				Adm. Code
				2720.130.
				In the case of a decision that the employer is the last employer of the
				individual, the request shall specify the full name and social security number
				of the individual and the reasons why the employer believes that it is not the
				chargeable employer under this Subpart. The employer may not allege the
				misapplication of Section 2765.336 with respect to any claim that was part of
				the basis for charges assessed against an employer pursuant to that Section, if
				the claim was the basis of a previous decision that assessed charges against
				the employer pursuant to Section 2765.336 and that decision has become legally
				final. An employer's request for reconsideration of a decision issued pursuant
				to Section 706 may not challenge a legally final determination or decision that
				the employer failed to file a timely and sufficient protest for purposes of
				Section 2765.336.
EXAMPLE 1: Employer X receives a decision that charges must
				  be assessed against Employer X for benefits paid to Claimant A even though
				  Claimant A was finally determined to be ineligible for those benefits. Employer
				  X files a timely request for reconsideration of that decision. It will be
				  Employer X's burden to show that Section 2765.336 does not apply to the charges
				  for Claimant A's benefits. However, the request may not challenge a legally
				  final determination or decision that Employer X failed to file a timely and
				  sufficient protest for purposes of Section 2765.336.
EXAMPLE 2: Employer X receives a Notice of Claim indicating
				  that Claimant A has filed a claim for benefits. Employer X does not file a
				  timely protest of the claim. The Department issues a determination, allowing
				  A's claim, and A receives benefits during October 2021. That same month, X
				  sends the Department information, indicating that it had discharged A for
				  misconduct. In November 2021, the Department issues a reconsidered
				  determination, denying A's claim. A does not appeal, and the reconsidered
				  determination becomes legally final. According to Department records, during
				  2021, there were 4 prior claims with respect to which: X was the last
				  chargeable employer; the Department had properly notified X; the Department
				  initially paid benefits due to X's failure to file a timely and sufficient
				  protest pursuant to Section 2720.130; and the Department ultimately issued a
				  reconsidered determination denying benefits, with the reconsidered
				  determination becoming legally final. Employer X receives a decision that
				  charges must be assessed against Employer X for benefits paid to Claimant A
				  even though Claimant A was finally determined to be ineligible for those
				  benefits. The decision notes the four prior claims that caused X to remain
				  chargeable for the benefits that were paid to A. To be relieved of the charges
				  for A's benefits, X must file a timely request for reconsideration of the
				  decision. It will be Employer X's burden to show that Section 2765.336 does not
				  apply to the charges for Claimant A's benefits. However, the request may not
				  challenge a legally final determination or decision that Employer X failed to
				  file a timely and sufficient protest for purposes of Section 2765.336.
EXAMPLE 3: Employer X receives a Notice of Claim, indicating
				  that Claimant A has filed a claim for benefits. Employer X does not file a
				  timely protest of the claim. The Department issues a determination, allowing
				  A's claim, and A receives benefits during September 2021. That same month, X
				  sends the Department information indicating that it had discharged A for
				  misconduct. In October 2021, the Department issues a reconsidered
				  determination, denying A's claim. A does not appeal, and the reconsidered
				  determination becomes legally final. According to Department records, during
				  2021, there were 4 prior claims with respect to which: X was the last
				  chargeable employer; the Department had properly notified X; the Department
				  initially paid benefits due to X's failure to file a timely and sufficient
				  protest pursuant to Section 2720.130; and the Department ultimately issued a
				  reconsidered determination denying benefits, with the reconsidered
				  determination becoming legally final. Employer X receives a decision that
				  charges must be assessed against Employer X for benefits paid to Claimant A
				  even though Claimant A was finally determined to be ineligible for those
				  benefits. The decision notes the four prior claims that caused X to remain
				  chargeable for the benefits that were paid to A. X does not file a request for
				  reconsideration, and the decision becomes legally final. In November 2021,
				  Employer X receives a Notice of Claim indicating that Claimant B has filed a
				  claim for benefits. Employer X does not file a timely protest of the claim. The
				  Department issues a determination, allowing B's claim, and B receives benefits
				  during November 2021. That same month, X sends the Department information,
				  indicating that it had discharged B for misconduct. In December 2021, the
				  Department issues a reconsidered determination, denying B's claim. B does not
				  appeal, and the reconsidered determination becomes legally final. Employer X
				  receives a decision that charges must be assessed against Employer X for
				  benefits paid to Claimant B even though Claimant B was finally determined to be
				  ineligible for those benefits. The decision notes the five prior claims that
				  caused X to remain chargeable for the benefits that were paid to B. X may not
				  allege the misapplication of Section 2765.336 with respect to any of the five
				  prior claims because each was part of the basis for charges assessed against X
				  pursuant to Section 2765.336 for benefits for which a claimant was ultimately
				  determined to be ineligible, and the decision assessing the charges became
				  legally final.
d) After
				reviewing the allegations of the employer and any other relevant facts in the
				record, the claims adjudicator shall issue a reconsidered decision. If the
				employer disagrees with the reconsidered decision of the claims adjudicator,
				the employer must file a written appeal of the reconsidered decision within 30
				days after the date of mailing of the reconsidered decision or the reconsidered
				decision will become final.
e) An
				Application made pursuant to Section 1508 of the Act and 56 Ill. Adm. Code
				2725.100
				regarding revision of the Statement of Benefit Charges, that includes benefit
				charges the employer believes are incorrect because it is not the chargeable
				employer shall be sufficient only if the Application contains a reference to,
				and a copy of, the decision that reverses the claims adjudicator and holds that
				the employer is not the chargeable employer and that the employer is not
				subject to charges for the claim pursuant to Section 2765.336. These same
				requirements must be met by an employer that is questioning payments in lieu of
				contributions on its Statement of Amount Due for Benefits Paid.
f) Unless the employer has filed a timely
				request for reconsideration of the decision that the claims adjudicator has
				found it to be the chargeable employer, or of the decision that charges must be
				assessed against the employer pursuant to Section 2765.336, as the case may be,
				the employer shall not be entitled to a revision of its Statement of Benefit
				Charges under 56 Ill. Adm. Code 2725.100, nor shall it be entitled to a
				revision of the amounts shown on its Statement of Amount Due for Benefits Paid
				for payments in lieu of contributions.
EXAMPLE: Employer A is notified that it is the chargeable
				  employer with respect to a claim for unemployment insurance benefits within a
				  benefit year beginning on or after January 1, 1993. The employer does not
				  request reconsideration of this decision. Several weeks later, this employer is
				  served with its Statement of Benefit Charges for the weeks paid to this
				  individual. At this time, the employer requests a revision of the Statement on
				  the grounds that this individual did not perform services for it for 30 days
				  prior to the beginning of the weeks for which it is being charged. The employer
				  shall not be entitled to a revision of these charges because it failed to file
				  a timely request for reconsideration of the initial decision that it was the
				  chargeable employer.
g)
				Appeals of decisions under this Section shall be filed with the local office
				where the original decision was made.
h) The conduct of the hearing shall be the
				same as that provided under Section 2200 of the Act and 56 Ill. Adm. Code
				2725.