reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.330 - Consolidation Or Severance Of Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall, on its own motion or at
				the request of any party, consolidate appeals if it finds that the appeals
				involve common questions of law or facts, that consolidations will expedite the
				disposition of the appeals, and that no rights 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 Board shall sever cases previously
				consolidated if it 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 D - APPEALS TO THE BOARD OF REVIEW › Section 2720.335 - Decision of the Board of Review

Current through Register Vol. 48, No. 28, July 12, 2024
The decision of the Board of Review will set forth, in
				  writing, the factual and legal basis for its decision. The Board of Review
				  shall cause a written copy of its decision to be mailed to the parties under
				  Section
				  2720.1, and/or their
				  representatives under Section
				  2720.5(c),
				  and to nonparty employers (see Section
				  2720.205(c)
				  ) within the time limits specified in Section 803 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.340 - Extensions Of Time In Which To Issue A Board Of Review Decision

Current through Register Vol. 48, No. 28, July 12, 2024
Section 803 of the Act requires that the Board of Review
				  shall issue its Decision within 120 days of the date of filing of the appeal to
				  the Board. However, an extension of up to 30 days shall be granted upon the
				  written request of a party, addressed to the Board of Review, if the party
				  states that the additional time is necessary for the submission of its written
				  argument or in order to submit additional evidence. Notice of Approval of an
				  Extension shall be given to the other party or to the non-party employer by the
				  Board of Review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart D - APPEALS TO THE BOARD OF REVIEW › Section 2720.345 - Issuance Of Notice Of Right To Sue

Current through Register Vol. 48, No. 28, July 12, 2024
a) If at the expiration of 120 days from the
				date of the filing of the appeal or after the expiration of an extension issued
				pursuant to Section
				2720.340,
				whichever is later, the Board of Review has failed to issue its Decision, the
				appellant may file a written request, by certified mail, return receipt
				requested, for a Notice of Right to Sue.
b) Upon receipt of a request for a Notice of
				Right to Sue, the Board of Review shall either issue a Notice of Right to Sue,
				shall issue its Decision, or take no action.
c) If the Board of Review neither issues a
				Notice of Right to Sue nor its Decision within 14 days of the date of filing of
				the request for a Notice of Right to Sue, the Decision of the Referee shall be
				final and the appellant shall have a right to seek judicial review under the
				Administrative Review provisions in Article III of the Code of Civil Procedure.
				Any Decision of the Board of Review issued after the expiration of this 14 day
				period shall be null and void.
d)
				If the Board of Review issues a Notice of Right to Sue, the party to whom it is
				issued shall have 35 days from the date of mailing of the Notice in which to
				commence an action for judicial review. If the Board of Review fails to issue a
				Decision or a Notice of Right to Sue, the appellant shall have 35 days from the
				day following the 14th day after it filed its request for a Notice of Right to
				Sue in which to commence an action for judicial review.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.1 - 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 definitions, Sections 200 through 247 of the Unemployment Insurance
				  Act [820 ILCS 405/200 through 247 ].
"Act" means the Unemployment Insurance Act [820 ILCS 405
				  ].
"Adjudicator" means the person authorized to make findings,
				  reconsidered findings, determinations, reconsidered determinations or decisions
				  relating to the Act.
"Agency" means the Department of Employment Security.
"Application" means an Application for Revision of Statement
				  of Benefit Charges or Application for Review of Rate Determination.
"Claim" means a Claim for Adjustment or Refund.
"Claimant" means a person who applies for benefits under the
				  Act.
"Determination" means an Adjudicator's statement of whether
				  or not a claimant is eligible for benefits or waiting week credit, and the
				  dollar amount of such benefits for each week with respect to which a claim is
				  made. (See
				  820 ILCS
				  405/702.)
"Director" means the Director of Employment Security.
"Director's Representative" means the administrative law
				  judge designated by the Director to conduct hearings and recommend decisions to
				  the Director.
"Filing Date" means the date a document was mailed to or
				  received by the Agency, whichever is earlier.
"Finding" means a statement by an Adjudicator of the amount
				  of wages for insured work paid to a claimant during each quarter in the
				  claimant's base period by each employer [820
				  ILCS 405/701 ].
"Local Office" means the office of the Agency serving
				  claimants who live in a specific geographical area.
"Petition" means a Protest and Petition for
				  Hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.3 - Burden Of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
In all proceedings under this Part the party on whom the Act
				  places the burden of proof must establish its position by a preponderance of
				  the evidence. An application for relief under this Part will be granted when a
				  party proves its allegations by a preponderance of the
				  evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.5 - Designation Of Agents

Current through Register Vol. 48, No. 28, July 12, 2024
Any employing unit may designate an agent to receive any
				  documents by filing the name and address of such agent with the Agency or by
				  changing its designated address to be in care of its agent. In such cases,
				  notice to the designated agent is notice to the employing unit. Notwithstanding
				  the foregoing, such documents sent to an employing unit shall be adequate
				  notice under this Subpart.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.10 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				any notice, decision, ruling or order that is mailed or delivered by personal
				service by the Department, the calendar day on which any notice, decision,
				ruling or order is mailed or delivered by personal service by the Department
				shall be excluded in computing time. For purposes of any notice, decision,
				ruling or order that is posted electronically as provided in Section
				2725.40,
				the date treated as the date of mailing for purposes of electronic notices
				shall be excluded in computing time.
b) The calendar day on which notice is due or
				action is required by a party shall be included in the computation of
				time.
c) If the last day a response
				is due to be filed is a day on which the Agency is closed, the due date is
				extended to the end of the next day on which the Agency is open.
d) The date on the document shall be
				rebuttable evidence that it was mailed or delivered on that date. A postmark
				placed on the envelope by the United States Postal Service shall be conclusive
				evidence of the date of mailing. An Agency notation showing the date of receipt
				shall be conclusive evidence of the date of personal service, or of an undated,
				unpostmarked document which is mailed. A return receipt signed and dated by an
				Agency employee shall be conclusive evidence of the date of receipt. For
				purposes of documents posted electronically as provided in Section 2725.40,
				notice shall be deemed to have been served as provided in Section
				2725.40(e).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.11 - Use of Private Messenger Services

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of Section
				  2725.10, any
				  date recorded or marked by a designated delivery service, recognized as such by
				  the Internal Revenue Service (IRS) pursuant to
				  26 USC
				  7502(f), shall be treated as
				  the postmark placed on an envelope by the United States Postal Service. IRS
				  Notice 2004-83 (modifying Notice 2002-62), effective January 1, 2005, provides
				  the list of designated delivery services and is subject to further revision by
				  the IRS. Should there be additional or superseding IRS notices, procedures or
				  other documents that are promulgated in the future, this Section will be
				  amended accordingly. Until such time as this Section is amended, only those
				  recognized designated delivery services in IRS Notice 2004-83 (modifying Notice
				  2002-62), effective January 1, 2005, shall be acceptable.
EXAMPLE: The employer is required to file its quarterly wage
				  report for the first quarter of 2009 by April 30, 2009. On April 30, 2009, ABC
				  Messenger Service records that it has received the wage report from the
				  employer for delivery to the Agency. On May 1, 2009, ABC Messenger Service
				  delivers the wage report to the Agency. A penalty will be assessed against this
				  employer unless the IRS officially recognizes ABC Messenger Service as a
				  designated delivery service at the time.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.15 - Disqualification Of Agency Employee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				No Agency employee shall participate in any manner in any investigation or
				proceeding under the Act if such individual has a financial or other direct
				personal interest in the proceeding or investigation. Personal interest
				includes family, social or professional relationship or general bias or
				prejudice which would tend to affect the ability of the Agency employee to
				remain fair and impartial.
b) A
				person seeking such disqualification of an Agency employee must file a written
				request prior to the investigation or proceeding to disqualify the individual
				whose removal is sought. The request to disqualify must contain specific facts
				which indicate a financial or direct personal interest defined in subsection
				(a), or specific facts which indicate prejudice on the part of the person whose
				disqualification is sought.
c) The
				Agency employee whose disqualification is sought will respond to the request
				prior to the investigation or proceeding orally on the record or in writing.
				Further proceedings in the matter will be stayed until a decision on
				disqualification is rendered. If the request is granted, the Agency will
				reassign the matter. If the request is denied, the reasons for the denial shall
				be set forth in writing or on the record and the Agency employee will proceed
				with the investigation or proceeding. The request and reasons for the denial
				shall be part of the record on appeal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.20 - Request for Clarification

Current through Register Vol. 48, No. 28, July 12, 2024
Any employer may request clarification of information
				  contained on a "Statement of Benefit Charges" (Ben-118), a Statement of Amount
				  Due (Ben-118R)," Contribution Rate Determination " or "Notice of Determination
				  and Assessment and Demand for Payment" by contacting the Department of
				  Employment Security, Division of Revenue, at the address or telephone number
				  listed on such applicable form. However, such response by the Revenue Division
				  shall be for informational and clarification purposes only and not binding on
				  either the employer or the Agency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.25 - Form of Papers Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				Application, Protest, Petition or Claim shall bear the name, address and
				account number of the employing unit and, when the employment or unemployment
				status of the individual or claimant is at issue, the name and Social Security
				account number or claimant ID number of the individual or claimant, along with
				the name, address and telephone number of the person filing the
				document.
b) All subsequent papers
				shall bear the docket number, if applicable, of the matter, along with the
				name, address and telephone number of the individual filing the
				document.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.35 - Electronic Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				purposes of this Section, "electronic submission" means any document that is
				transmitted to the Department through MyTax Illinois (mytax.illinois.gov),
				including, but not limited to, a contribution and wage report required by 56
				Ill. Adm. Code
				2760.120,
				2760.125
				or
				2760.145,
				an application for review of rate determination (see Section
				2725.105
				), a protest of a determination and assessment as provided by Section
				2725.110,
				a claim for adjustments or refund (see Section
				2725.115
				), an election to make payments in lieu of contributions, or a written notice
				of termination of election, an application for review of a Director's order
				allowing or denying an election to make payments in lieu of contributions, or a
				written notice of termination of election (see Section 2725.125 ), an
				application for waiver (see Section
				2765.75 ),
				or an appeal of an order or determination and assessment of the Director (see
				Section
				2725.200
				).
b) The date that the Department
				confirms receipt of the electronic submission, as shown in the "Date Submitted"
				field of the electronic submission, will constitute the date of filing. An
				electronic submission will be confirmed as received only if all required
				information is provided in accordance with the instructions. An electronic
				submission will not be considered filed unless it has been confirmed as
				received by the Department, as evidenced by the electronic confirmation number
				and confirmation page provided.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.40 - Electronic Posting of Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				On and after November 11, 2017, when a person or employing unit uses the
				Department's online tax system, MyTax Illinois (mytax.illinois.gov), the
				Department will post an electronic version of all notices, except as provided
				in subsection (c), that are required to be mailed to the person or employing
				unit, including, but not limited to, notices under Sections 1400, 1509, 2200
				and 2201 of the Act, in the correspondence tab of the account of the person or
				employing unit on the MyTax Illinois website.
b) An email address is needed to register an
				account in MyTax Illinois. When a notice is posted to the MyTax Illinois
				account of a person or employing unit as provided in subsection (a), the
				Department will send an email to each email address that has been provided on
				the account. A person or employing unit that uses MyTax Illinois will continue
				to receive, in addition to receiving email notifications and notices within
				MyTax Illinois, all notices as a paper document sent through USPS to its last
				known address as provided in Section 2725.30, unless the person or employing
				unit elects to stop receiving notice under subsection (d). Unless the person or
				employing unit elects to stop receiving notice as a paper document sent through
				USPS, the last known address for purposes of the notices described in
				subsection (a) shall be as provided by Section 2725.30.
c) Electronic versions of the following
				notices are not posted on the MyTax Illinois website and, regardless of an
				election under subsection (d), will always be sent as a paper document through
				USPS:
1) All notices that a person or
				employing unit is entitled to receive after the filing of an appeal of an order
				or Determination and Assessment of the Director as provided in Subpart C,
				including, but not limited to, hearing notices (see Section
				2725.210 ),
				recommended decisions (see Section
				2725.270 ),
				and decisions of the Director (see Section
				2725.280 );
				and
2) Certificates of withdrawal
				or release of a notice of lien (see Section 2401 of the Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.45 - Signature Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided, a letter, form or request that is
				  required to be signed by this Part and 56 Ill. Adm. Code 2760 and 2765 and that
				  is submitted on behalf of an employing unit must be signed by the owner,
				  partner or authorized officer or official of the employing unit, or its
				  authorized agent. Unless otherwise provided, a letter, form or request that is
				  required to be signed by this Part and 56 Ill. Adm. Code 2760 and 2765 and that
				  is submitted by or on behalf of an individual that is not himself or herself an
				  employing unit must be signed by the individual or his or her agent. A letter,
				  form or request that is required to be signed as provided in this Section may
				  be electronically signed (see Section 2725.50 ). A signature, including an
				  electronic signature, constitutes an attestation that the information submitted
				  is true and correct to the best of the signatory's knowledge and
				  belief.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.50 - Electronic Signature

Current through Register Vol. 48, No. 28, July 12, 2024
An electronic submission, as defined by Section 2725.35, that
				  must be signed shall be signed using an electronic signature in lieu of a
				  written signature by clicking the "I Agree" check box beneath the certification
				  statement prior to submission on the MyTax Illinois website
				  (mytax.illinois.gov). An electronic submission has the same legal effect as a
				  signature on a paper document.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section 2725.55 - Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Blank copies of all reports and forms mentioned in this Part
				  and 56 Ill. Adm. Code 2760 and 2765 are available on the Department's website
				  (ides.illinois.gov) and, except the reports described in 56 Ill. Adm. Code
				  2760.105,
				  may also be obtained by contacting the Department's Revenue Division at 33 S.
				  State St., 10th Floor, Chicago IL 60603. Copies of
				  the reports described in that Section may be obtained from the Illinois
				  Department of Revenue at Central Registration Division, Illinois Department of
				  Revenue, PO Box 19030, Mail Code 3-222, Springfield IL
				  62794-9030.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.100 - Application For Revision Of Statement Of Benefit Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for Revision of the Statement
				of Benefit Charges must be filed at the address specified on such Statement,
				within 45 days of the mailing of such Statement, as provided in Section 1508 of
				the Act.
b) An Application shall
				set forth: the name and Social Security account number of each claimant whose
				benefit charges are contested; the amount of benefit charges contested or the
				weeks of benefit charges contested; the year and quarter of the Statement
				contested; and, in the cases described in subsections (b)(1), (2) and (3)
				below, a statement of facts providing the basis for relief upon which the
				employer relies in its Application.
1) If an
				employer alleges that the benefit charges arose from the payment of benefits to
				a claimant for weeks of eligibility to which the employer was entitled to
				notice of a determination pursuant to Sections 702 or 703 of the Act, and was
				not notified of such determination of eligibility and the claimant was
				improperly paid benefits, the employer must show that it filed in response to
				notice of the claim, a timely (see 56 Ill. Adm. Code
				2720.30
				) Notice of Possible Ineligibility or letter in lieu thereof alleging that the
				claimant was ineligible for benefits for the weeks charged and did not receive
				a determination of eligibility or decision holding the Notice of Possible
				Ineligibility or letter in lieu thereof as insufficient or untimely.
A) A copy of the allegedly unanswered Notice
				of Possible Ineligibility or letter in lieu thereof should, if possible, be
				included with the Application, together with any subsequent documentation where
				applicable, such as a Referee or Board of Review decision holding the Notice of
				Possible Ineligibility as sufficient.
B) If the employer did not file a timely and
				sufficient Notice of Possible Ineligibility or letter in lieu thereof (pursuant
				to 56 Ill. Adm. Code
				2720.130 )
				in response to the notice of claim, the employer's remedy is to request a
				reconsidered determination from the local office Claims Adjudicator where the
				claimant filed for benefits, pursuant to Section 703 of the Act, or if a
				determination of eligibility was served upon the employer, its remedy is to
				file an appeal to the determination under Section 800 of the Act.
C) If the determination of eligibility for
				the weeks charged is reversed, the employer will receive appropriate relief
				from the benefit charges through the operation of Section 706 of the
				Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.102 - Filing Additional Information for an Application for Revision of Statement of Amount Due for Benefits Paid During the Effective Period of Section 1502.4 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to
				subsection (b), if an Application for Revision of the Statement of Amount Due
				for Benefits Paid has been timely filed, an employer may file, within 30 days
				after the period for filing an application has ended, additional information to
				be considered as part of its application.
b) Subsection (a) shall be applicable to
				benefits paid for the weeks of March 15, 2020 through January 2, 2021 (the
				period that the non-charging provisions of Section 1502.4 of the Act is in
				effect), and shall not extend beyond the calendar quarter that follows the
				calendar quarter that contains the last week of non-charging under Section
				1502.4 of the Act.
EXAMPLE: Employer A is a liable nonprofit organization that
				  has elected to make payments in lieu of contributions. Claimant Z worked for
				  Employer A, but due to COVID-19 became unemployed and received unemployment
				  insurance benefits through the week ending January 2, 2021. Without an
				  amendment extending the effective period established in Section 1502.4 of the
				  Act, the week ending January 2, 2021 is the last week that the non-charging
				  provisions of Section 1502.4 of the Act are in effect. The week ending January
				  2, 2021 falls within the first calendar quarter of calendar year 2021.
				  Accordingly, the last Statement of Amount Due for Benefits Paid for which
				  Employer A may file a timely application for revision, and thereafter have an
				  additional 30 days to file additional information, is the statement issued for
				  the second calendar quarter of calendar year 2021.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.105 - Application for Review of Rate Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Application for Review of Rate
				Determination should be filed online using MyTax Illinois (mytax.illinois.gov)
				or at the address on the Notice of Contribution Rate Determination. An
				application must be signed and filed within 15 days after the mailing of the
				Notice of Contribution Rate Determination to the employer. If an application
				has been timely filed, an employer may file additional information to be
				considered as part of its application within 30 days after the period for
				filing an application has ended.
b)
				A sufficient application shall set forth the following:
1) If the rate determination is based in
				whole or in part on erroneous benefit charges, the application must allege:
A) The employer was not served with a
				Statement of Benefit Charges containing the benefit charges used in the
				calculation of the employer's contribution rate; or
B) The employer has received an order or
				decision allowing an adjustment of the benefit charges used in calculating the
				employer's contribution rate. A copy of the order or decision must be attached
				to the application.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.110 - Protest of Determination and Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A protest of a Determination and
				Assessment must be filed in the form of a petition and should be filed online
				using MyTax Illinois (mytax.illinois.gov) or at the address shown on the
				Determination and Assessment. A protest must be signed and filed within 20 days
				after service. If a protest has been timely filed, an employer may file
				additional information to be considered as part of its protest within 30 days
				after the period for filing a protest has ended.
b) A sufficient Petition shall set forth the
				specific part of the Determination and Assessment with which the employing unit
				disagrees and the specific legal and factual basis for the disagreement and, in
				the specific situations described in this subsection (b), will state the
				following:
1) If the employing unit alleges
				that it has paid all or part of the amount assessed, the exact amount of the
				contributions, penalties and interest paid, if any, the date paid and the
				quarter to which the payment relates;
2) If the employing unit alleges that the
				Determination and Assessment is erroneous because of clerical error, the
				specific nature of the clerical error;
3) If the employing unit claims one or more
				persons whose wages are the basis of the Determination and Assessment were not
				in employment, the names, addresses and Social Security account numbers of
				those persons, the nature of the services performed, if any, and the reasons
				the person or persons are not considered in employment; or
4) If the employing unit alleges that it is
				not an employer subject to the Act, the reasons for that allegation and
				supporting facts.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.120 - Application For Cancellation Of Benefit Charges Due To Lack Of Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Application
				for Cancellation of Benefit Charges due to lack of notice made pursuant to
				Section 1508.1 of the Act shall be sufficient only if the following
				requirements are met:
1) The employer has
				also filed a timely and sufficient Application for Revision of Statement of
				Benefit Charges, as provided in Section
				2725.100;
				and
2) The employer specifically
				alleges in its Application for Cancellation of Benefit Charges that the Agency
				did not issue one or more of the following Notices within the required time
				period:
A) A "Notice to Last Employer, Last
				Employing Unit or Other Interested Party," (See 56 Ill. Adm. Code
				2720.130(a)(1)
				) within 180 days after the date of the initial Finding; or
B) A "Notice of Determination" (BEN-134) (See
				56 Ill. Adm. Code
				2720.140(a)
				) under Section 702 of the Act within 180 days after the employer's timely
				"Notice of Possible Ineligibility" (BIS-22) or letter in lieu thereof (see 56
				Ill. Adm. Code 2720.130), or, in the case of a remanded Decision regarding the
				sufficiency of the employer's protest under Section 702 of the Act, within 180
				days after the remanded Decision; or
C) In the case of a "Notice of Determination"
				(BEN-134) issued under Section 702 of the Act, in which an issue was not
				adjudicated at the time of the employer's timely "Notice of Possible
				Ineligibility" (BIS-22) or letter in lieu thereof, because of the individual's
				failure to file a claim for a week of benefits, within 180 days after the date
				on which the individual first files a claim for a week of benefits;
				or
D) A "Notice of Reconsideration
				of Findings" or "Notice of Reconsideration of Determination" (BEN-134), within
				180 days after the date of reconsideration; or
E) A "Notice of Referee's Decision" (See 56
				Ill. Adm. Code
				2720.270 ),
				which allows benefits within 180 days after the date that the appeal was
				received by the Agency; or
F) Under
				Section 604 of the Act, a "Notice of Director's Decision" within 180 days after
				the date of the report and Recommended Decision of the Director's
				Representative; or
G) With respect
				to the notice of a decision that the employer is a chargeable employer,
				pursuant to 56 Ill. Adm. Code 2765, within 180 days after the employer's
				protest or appeal of such a decision.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart B - FILING OF APPLICATIONS AND CLAIMS FOR RELIEF › Section 2725.125 - Elections to Make Payments in Lieu of Contributions and Written Notices of Termination of Election by a Nonprofit Organization or Governmental Entity

Current through Register Vol. 48, No. 28, July 12, 2024
a) Elections by a
				nonprofit organization or governmental entity to make payments in lieu of
				contributions must be signed and should be made online using MyTax Illinois
				(mytax.illinois.gov) or on the Department form "Reimburse Benefits in Lieu of
				Paying Contributions", mailed to the address listed on the form.
b) A nonprofit organization or governmental
				entity that would like to terminate its election to be reimbursable may do so
				either online using MyTax Illinois or in writing, mailed to: Illinois
				Department of Employment Security, Revenue Division, 33 S. State St.,
				10th Floor, Chicago IL 60603. There is no special
				form needed to terminate an election to be reimbursable if submitted by mail. A
				notice to terminate an election to be reimbursable must be signed, whether
				submitted online using MyTax Illinois or by mail.
c) An application for review of a Director's
				order allowing or denying an election to make payments in lieu of contributions
				and written notices of termination of election must be signed and filed within
				15 days after the date of mailing of the order and should be filed online using
				MyTax Illinois or in writing, mailed to the address listed on the
				order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.200 - Filing Of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employing
				unit may appeal an order or Determination and Assessment of the Director by
				filing a written petition. The petition must be signed and should be filed
				online using MyTax Illinois (mytax.illinois.gov) or at the address shown on the
				order or Determination and Assessment being appealed. The Petition must be
				filed within 20 days after the Director's order or Determination and Assessment
				was served on the employing unit, except for orders on application for review
				of rate determinations, which must be filed within 10 days after the date of
				service.
b) No special form is
				necessary to file a petition. However, in addition to the requirements of
				Section
				2725.25, the
				following must be included:
1) The petition
				must be in writing, dated and signed; and
2) The petition must set forth the specific
				parts of the order or Determination and Assessment and when the employing unit
				disagrees and the specific legal and factual basis for that
				disagreement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.205 - Pre-Hearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director's Representative shall, on his own motion or the motion of a party,
				conduct a pre-hearing conference, if it expedites the hearing. The pre-hearing
				conference may be in person or by telephone. The Director's Representative
				shall make a record with all stipulations as part of the pre-hearing
				conference.
b) During or subsequent
				to the pre-hearing conference, the petitioner may move to commence the hearing
				in accordance with Sections
				2725.215,
				2725.220 or
				2725.225.
				The record shall then be opened and petitioner's waiver of written notice shall
				be made on the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.210 - Notice Of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
				shall schedule a hearing and written notice of the date, place and time of the
				hearing shall be mailed to the parties, at least 25 days prior to the scheduled
				hearing.
b) If the hearing is to be
				conducted by telephone, the notice will so inform the parties and include
				instructions for informing the agency of the necessary telephone numbers (see
				Section
				2725.220 ). At
				least 20 days prior notice shall be given for a telephone hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.215 - Preparation for the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				party shall appear at the hearing before the Director's Representative with
				such witnesses and/or documents believed necessary to establish a right to
				relief as set forth in the Petition.
b) The Agency shall provide to a party
				requiring a foreign language interpreter, at the Agency's expense, an
				interpreter able to translate verbatim from the witnesses' language to English
				and vice versa. The Director's Representative will administer an interpreter's
				oath to any interpreter.
c) Upon
				request to the Director's Representative assigned to hear the case, a party may
				inspect the file at a reasonable time and place. The date and name of any
				person inspecting the file shall be placed on the file jacket.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.220 - Telephone Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director's Representative has the authority to schedule a telephone hearing.
				Any party shall have a right not to participate in a telephone hearing, and any
				party electing not to participate in a telephone hearing shall be granted an
				in-person hearing. If a hearing is to be conducted by telephone, the notice
				shall so inform the parties and include instructions for providing the Agency
				with any necessary telephone numbers. The in-person presence of some parties or
				witnesses at the hearing shall not prevent the participation of other parties
				or witnesses by telephone.
b) A
				party to a telephone hearing must submit to the Director's Representative, at
				least 5 days before the date of the scheduled hearing, any documents that are
				intended to be introduced at the hearing. Copies of the documents must also be
				provided to any other party prior to the date of the scheduled hearing. All
				documents submitted to the Director's Representative will be identified on the
				record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.225 - Ex Parte (One Party Only) Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director's Representative shall not
				initiate ex parte communications, directly or indirectly, in any matter in
				connection with any substantive issue, with any interested person or party. If
				the Director's Representative receives any such ex parte communication,
				including any documents, he shall inform the other parties of the substance of
				any such oral communication or documents. The other party shall be given an
				opportunity to review any such ex parte communication.
b) Nothing shall prevent the Director's
				Representative from communicating ex parte about routine matters such as
				requests for continuances or opportunities to inspect the file, as long as all
				parties are informed of the substance of the ex parte communication. The date
				and type of communication, the persons involved and the results of such routine
				communications shall be part of the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.230 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director's
				Representative may issue a subpoena to compel the attendance of a witness or
				the production of documents when such witness or the production of documents
				when such witness or document has or contains relevant evidence but is not
				being presented by the party, witness or holder of a document. A party may also
				request the Director's Representative to issue a subpoena to compel the
				attendance of a witness or the production of documents. The request shall be
				either in writing or on the record and shall:
1) Identify the witness or document
				sought;
2) State the facts that
				will be proven by each witness and/or document sought.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.232 - Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where any
				hearing is pending under this Part, the Director's Representative shall order
				the taking of a person's deposition, specifying the subject matter to be
				covered, under oral examination or written questions for use as evidence at the
				hearing if:
1) It appears to the Director's
				Representative that the deposition of such person is necessary for the
				preservation of relevant testimony because of a substantial possibility it
				would be unavailable at the time of the hearing (i.e. potential witness is
				moving out of state, incarcerated, etc.); and,
2) Such request is made by a motion of a
				party who gives notice of this motion to any other parties to the issue and to
				the Office of Legal Counsel of the Agency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.235 - Consolidation Or Severance Of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director's Representative shall, on
				his own motion or the motion of a party, consolidate hearings if he finds that
				hearings involve a common question of law or fact, that consolidation will
				expedite the hearings, and that no rights of any party will be
				prejudiced.
b) All parties shall be
				given notice of the motion to consolidate and opportunity to be heard on the
				motion.
c) The Director's
				Representative shall sever cases previously consolidated if it appears that the
				requirements of subsection (a) are not met.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.237 - Adding Necessary Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Director's Representative shall add one or more additional parties whenever
				he finds that it is necessary for the proper disposition of a case. Such
				additional party or parties shall be given reasonable notice of this action and
				an opportunity to be heard.
Example: The Director issues a Determination and Assessment
				  based on a finding that Employer A has failed to report and pay contributions
				  on wages that it paid to Mr. Smith. Employer A contends that it did not employ
				  Mr. Smith but that he was employed instead by Employer B. Employer B, which has
				  a lower contribution rate than Employer A, reported the wages of Mr. Smith and
				  paid contributions on those wages so that it is not possible to make a
				  Determination and Assessment against Employer B and then to consolidate the
				  cases. If the Director's Representative finds that it is necessary for the
				  proper disposition of the case, he shall add Employer B as a party, and
				  Employer B shall be given reasonable notice and an opportunity to be
				  heard.
b) Whenever an
				employing unit believes that it should be added as an additional party in a
				case pending before the Director's Representative but the Director's
				Representative has not done so, it shall file a Motion to Intervene. Such
				Motion shall include arguments in support of such Motion. If the Director's
				Representative finds that the addition of the employing unit is necessary for
				the proper disposition of the case, it shall be added as a party. If the
				Director's Representative finds that the addition of the employing unit is not
				necessary for the proper disposition of the case, the Motion shall be denied
				and the reasons therefor noted in the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.240 - Withdrawal Of Petition For Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The employer may voluntarily withdraw his petition by filing
				  a signed written statement with the Director's Representative or by oral
				  statement on the record. Any other parties will receive notice of the
				  withdrawal.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.245 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
All requests for continuances of hearings or pre-hearing
				  conferences must be either in writing or on the record and must set forth the
				  reasons for such request. The Director's Representative to whom the matter was
				  assigned, or the supervisor if the Director's Representative is not available,
				  shall grant a continuance for good cause shown, such as the unavailability of a
				  witness or a party due to accident, illness or circumstances beyond the
				  person's control. In that event, the hearing will be rescheduled to the
				  earliest mutually agreeable time and date and the agency will inform all
				  parties of the date and time of the rescheduled hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2725 - ADMINISTRATIVE HEARINGS AND APPEALS › Subpart C - APPEAL TO DIRECTOR'S REPRESENTATIVE › Section 2725.250 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director's representative will control the hearing, which will be confined to
				the relevant factual and/or legal issues.
b) At the hearing, the petitioning employer
				must produce testimony, argument or other evidence to establish that the
				Director's order or Determination and Assessment is incorrect.
c) Following the testimony of each witness,
				the witness may be questioned and cross-examined by the opposing party, if any,
				and then may be questioned and cross-examined by the Director's representative
				or any other employee of the Department as the Director may
				designate.
d) It is the duty of the
				Director's representative to ensure that the party or parties, as appropriate,
				have full opportunity to present all evidence relevant to the issues before the
				Director's representative.
e) If
				any person becomes disruptive or abusive, the Director's representative shall
				exclude that person from the hearing and the hearing will continue without the
				participation of the excluded individual. The Director's representative shall
				render a decision based on all evidence in the record.
f) The Director shall prohibit any person
				from representing a party in any proceeding under this Part if the Director
				finds that the person is or has been guilty of violating the Code of
				Professional Responsibility or Article 8 of the Rules of the Illinois Supreme
				Court, or has intentionally disregarded the provisions of the Act, rules
				promulgated under the Act, or written instructions of the Director. The
				prohibition shall be in writing and shall be applicable for a period not to
				exceed 120 days after the date the decision is mailed to the party.