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90_HB0588
820 ILCS 405/702 from Ch. 48, par. 452
820 ILCS 405/703 from Ch. 48, par. 453
820 ILCS 405/705 from Ch. 48, par. 455
820 ILCS 405/706 from Ch. 48, par. 456
820 ILCS 405/800 from Ch. 48, par. 470
820 ILCS 405/801 from Ch. 48, par. 471
820 ILCS 405/802 from Ch. 48, par. 472
820 ILCS 405/803 from Ch. 48, par. 473
820 ILCS 405/805 from Ch. 48, par. 474a
820 ILCS 405/806 from Ch. 48, par. 474b
820 ILCS 405/900 from Ch. 48, par. 490
820 ILCS 405/1000 from Ch. 48, par. 500
820 ILCS 405/1001 from Ch. 48, par. 501
820 ILCS 405/1002 from Ch. 48, par. 502
820 ILCS 405/1003 from Ch. 48, par. 503
820 ILCS 405/1004 from Ch. 48, par. 504
820 ILCS 405/1200 from Ch. 48, par. 530
820 ILCS 405/1508 from Ch. 48, par. 578
820 ILCS 405/1508.1 from Ch. 48, par. 578.1
820 ILCS 405/1509 from Ch. 48, par. 579
820 ILCS 405/1510 from Ch. 48, par. 580
820 ILCS 405/1800 from Ch. 48, par. 630
820 ILCS 405/2200 from Ch. 48, par. 680
820 ILCS 405/2201 from Ch. 48, par. 681
820 ILCS 405/2202 from Ch. 48, par. 682
820 ILCS 405/2203 from Ch. 48, par. 683
820 ILCS 405/2306 from Ch. 48, par. 706
Amends the Unemployment Insurance Act to change the title
of the officer presiding at administrative hearings under the
Act from "Referee", or "representative" of the Director, to
"Administrative Law Judge". Permits an Administrative Law
Judge to exercise certain Director functions such as setting
hearing dates and conducting certain hearings.
LRB9002681NTsb
LRB9002681NTsb
1 AN ACT concerning unemployment insurance, amending a
2 named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Sections 702, 703, 705, 706, 800, 801, 802, 803,
7 805, 806, 900, 1000, 1001, 1002, 1003, 1004, 1200, 1508,
8 1508.1, 1509, 1510, 1800, 2200, 2201, 2202, 2203, and 2306 as
9 follows:
10 (820 ILCS 405/702) (from Ch. 48, par. 452)
11 Sec. 702. Determinations. The claims adjudicator shall
12 for each week with respect to which the claimant claims
13 benefits or waiting period credit, make a "determination"
14 which shall state whether or not the claimant is eligible for
15 such benefits or waiting period credit and the sum to be paid
16 the claimant with respect to such week. The claims
17 adjudicator shall promptly notify the claimant and such
18 employing unit as shall, within the time and in the manner
19 prescribed by the Director, have filed a sufficient
20 allegation that the claimant is ineligible to receive
21 benefits or waiting period credit for said week, of his
22 "determination" and the reasons therefor. In making his
23 "determination," the claims adjudicator shall give
24 consideration to the information, if any, contained in the
25 employing unit's allegation, whether or not the allegation is
26 sufficient. The claims adjudicator shall deem an employing
27 unit's allegation sufficient only if it contains a reason or
28 reasons therefor (other than general conclusions of law, and
29 statements such as "not actively seeking work" or "not
30 available for work" shall be deemed, for this purpose, to be
31 conclusions of law). If the claims adjudicator deems an
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1 allegation insufficient, he shall make a decision
2 accordingly, and shall notify the employing unit of such
3 decision and the reasons therefor. Such decision may be
4 appealed by the employing unit to an Administrative Law Judge
5 a Referee within the time limits prescribed by Section 800
6 for appeal from a "determination". Any such appeal, and any
7 appeal from the Administrative Law Judge's Referee's decision
8 thereon, shall be governed by the applicable provisions of
9 Sections 801, 803, 804 and 805.
10 (Source: P.A. 81-1521.)
11 (820 ILCS 405/703) (from Ch. 48, par. 453)
12 Sec. 703. Reconsideration of findings or determinations.
13 The claims adjudicator may reconsider his finding at any
14 time within thirteen weeks after the close of the benefit
15 year. He may reconsider his determination at any time within
16 one year after the last day of the week for which the
17 determination was made, except that if the issue is whether
18 or not the claimant misstated his earnings for the week, such
19 reconsidered determination may be made at any time within two
20 years after the last day of the week. No finding or
21 determination shall be reconsidered at any time after appeal
22 therefrom has been taken pursuant to the provisions of
23 Section 800, except where a case has been remanded to the
24 claims adjudicator by an Administrative Law Judge a Referee,
25 the Director or the Board of Review, and except, further,
26 that if an issue as to whether or not the claimant misstated
27 his earnings is newly discovered, the determination may be
28 reconsidered after and notwithstanding the fact that the
29 decision upon the appeal has become final. Notice of such
30 reconsidered determination or reconsidered finding shall be
31 promptly given to the parties entitled to notice of the
32 original determination or finding, as the case may be, in the
33 same manner as is prescribed therefor, and such reconsidered
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1 determination or reconsidered finding shall be subject to
2 appeal in the same manner and shall be given the same effect
3 as is provided for an original determination or finding.
4 (Source: P.A. 77-1443.)
5 (820 ILCS 405/705) (from Ch. 48, par. 455)
6 Sec. 705. Effect of finality of finding of claims
7 adjudicator, administrative law judge referee, or board of
8 review - estoppel. If, in any "finding" made by a claims
9 adjudicator or in any decision rendered by an Administrative
10 Law Judge a Referee or the Board of Review, it is found that
11 the claimant has been paid wages for insured work by any
12 employing unit or units in his base period, and such
13 "finding" of the claims adjudicator or decision of the
14 Administrative Law Judge Referee or the Board of Review
15 becomes final, each such employing unit as shall have been a
16 party to the claims adjudicator's "finding" as provided in
17 Section 701, or to the proceedings before the Administrative
18 Law Judge Referee, or the Board of Review, and shall have
19 been given notice of such "finding" of the claims
20 adjudicator, or proceedings before the Administrative Law
21 Judge Referee or the Board of Review, as the case may be, and
22 an opportunity to be heard, shall be forever estopped to deny
23 in any proceeding whatsoever that during such base period it
24 was an employer as defined by this Act, that the wages paid
25 by such employing unit to the claimant were wages for insured
26 work, and that the wages paid by it for services rendered for
27 it by any individual under circumstances substantially the
28 same as those under which the claimant's services were
29 performed were wages for insured work.
30 (Source: P.A. 77-1443.)
31 (820 ILCS 405/706) (from Ch. 48, par. 456)
32 Sec. 706. Benefits undisputed or allowed - Prompt
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1 payment. Benefits shall be paid promptly in accordance with a
2 claims adjudicator's finding and determination, or
3 reconsidered finding or reconsidered determination, or the
4 decision of an Administrative Law Judge a Referee, the Board
5 of Review or a reviewing court, upon the issuance of such
6 finding and determination, reconsidered finding, reconsidered
7 determination or decision, regardless of the pendency of the
8 period to apply for reconsideration, file an appeal, or file
9 a complaint for judicial review, or the pendency of any such
10 application or filing, unless and until such finding,
11 determination, reconsidered finding, reconsidered
12 determination or decision has been modified or reversed by a
13 subsequent reconsidered finding or reconsidered determination
14 or decision, in which event benefits shall be paid or denied
15 with respect to weeks thereafter in accordance with such
16 reconsidered finding, reconsidered determination, or modified
17 or reversed finding, determination, reconsidered finding,
18 reconsidered determination or decision. If benefits are paid
19 pursuant to a finding or a determination, or a reconsidered
20 finding, or a reconsidered determination, or a decision of an
21 Administrative Law Judge a Referee, the Board of Review or a
22 court, which is finally reversed or modified in subsequent
23 proceedings with respect thereto, the benefit wages on which
24 such benefits are based shall, for the purposes set forth in
25 Section 1502, or benefit charges, for purposes set forth in
26 Section 1502.1, be treated in the same manner as if such
27 final reconsidered finding, reconsidered determination, or
28 decision had been the finding or determination of the claims
29 adjudicator.
30 (Source: P.A. 85-956.)
31 (820 ILCS 405/800) (from Ch. 48, par. 470)
32 Sec. 800. Appeals to administrative law judge referee or
33 director. Except as hereinafter provided, appeals from a
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1 claims adjudicator shall be taken to an Administrative Law
2 Judge a Referee. Whenever a "determination" of a claims
3 adjudicator involves a decision as to eligibility under
4 Section 604, appeals shall be taken to the Director or
5 Administrative Law Judge his representative designated for
6 such purpose. Unless the claimant or any other party entitled
7 to notice of the claims adjudicator's "finding" or
8 "determination," as the case may be, or the Director, within
9 30 calendar days after the delivery of the claims
10 adjudicator's notification of such "finding" or
11 "determination," or within 30 calendar days after such
12 notification was mailed to his last known address, files an
13 appeal therefrom, such "finding" or "determination" shall be
14 final as to all parties given notice thereof.
15 (Source: P.A. 81-1521.)
16 (820 ILCS 405/801) (from Ch. 48, par. 471)
17 Sec. 801. Decision of administrative law judge referee
18 or director.
19 A. Unless such appeal is withdrawn, an Administrative
20 Law Judge a Referee or the Director, as the case may be,
21 shall afford the parties reasonable opportunity for a fair
22 hearing. At any hearing, the record of the claimant's
23 registration for work, or of the claimant's certification
24 that, during the week or weeks affected by the hearing, he
25 was able to work, available for work, and actively seeking
26 work, or any document in the files of the Department of
27 Employment Security submitted to it by any of the parties,
28 shall be a part of the record, and shall be competent
29 evidence bearing upon the issues. The failure of the
30 claimant or other party to appear at a hearing, unless he is
31 the appellant, shall not preclude a decision in his favor if,
32 on the basis of all the information in the record, he is
33 entitled to such decision. The Administrative Law Judge
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1 Referee or the Director, as the case may be, shall affirm,
2 modify, or set aside the claims adjudicator's "finding" or
3 "determination," or both, as the case may be, or may remand
4 the case, in whole or in part, to the claims adjudicator,
5 and, in such event, shall state the questions requiring
6 further consideration, and give such other instructions as
7 may be necessary. The parties shall be duly notified of such
8 decision, together with the reasons therefor. The decision
9 of the Administrative Law Judge Referee shall be final,
10 unless, within 30 calendar days after the date of mailing of
11 such decision, further appeal to the Board of Review is
12 initiated pursuant to Section 803.
13 B. Except as otherwise provided in this subsection, the
14 Director may by regulation allow the Administrative Law Judge
15 Referee, upon the request of a party for good cause shown,
16 before or after the Administrative Law Judge Referee issues
17 his decision, to reopen the record to take additional
18 evidence or to reconsider the Administrative Law Judge's
19 Referee's decision or both to reopen the record and
20 reconsider the Administrative Law Judge's Referee's decision.
21 Where the Administrative Law Judge Referee issues a decision,
22 he shall not reconsider his decision or reopen the record to
23 take additional evidence after an appeal of the decision is
24 initiated pursuant to Section 803 or if the request is made
25 more than 30 calendar days, or fewer days if prescribed by
26 the Director, after the date of mailing of the Administrative
27 Law Judge's Referee's decision. The allowance or denial of a
28 request to reopen the record, where the request is made
29 before the Administrative Law Judge Referee issues a
30 decision, is not separately appealable but may be raised as
31 part of the appeal of the Administrative Law Judge's
32 Referee's decision. The allowance of a request to reconsider
33 is not separately appealable but may be raised as part of the
34 appeal of the Administrative Law Judge's Referee's
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1 reconsidered decision. A party may appeal the denial of a
2 timely request to reconsider a decision within 30 calendar
3 days after the date of mailing of notice of such denial, and
4 any such appeal shall constitute a timely appeal of both the
5 denial of the request to reconsider and the Administrative
6 Law Judge's Referee's decision. Whenever reference is made
7 in this Act to the Administrative Law Judge's Referee's
8 decision, the term "decision" includes a reconsidered
9 decision under this subsection.
10 (Source: P.A. 88-655, eff. 9-16-94.)
11 (820 ILCS 405/802) (from Ch. 48, par. 472)
12 Sec. 802. Appointment of administrative law judges
13 referees and providing legal services in disputed claims.
14 A. To hear and decide disputed claims, the Director
15 shall obtain an adequate number of impartial Administrative
16 Law Judges Referees selected in accordance with the
17 provisions of the "Personnel Code" enacted by the Sixty-ninth
18 General Assembly. No person shall participate on behalf of
19 the Director or the Board of Review in any case in which he
20 is an interested party. The Director shall provide the Board
21 of Review and such Administrative Law Judges Referees with
22 proper facilities and supplies and with assistants and
23 employees (selected in accordance with the provisions of the
24 "Personnel Code" enacted by the Sixty-ninth General Assembly)
25 necessary for the execution of their functions.
26 B. As provided in Section 1700.1, effective January 1,
27 1989, the Director shall establish a program for providing
28 services by licensed attorneys at law to advise and
29 represent, at hearings before the Administrative Law Judge
30 Referee, the Director or the Director's Representative, or
31 the Board of Review, "small employers", as defined in rules
32 promulgated by the Director, and issued pursuant to the
33 results of the study referred to in Section 1700.1, and
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1 individuals who have made a claim for benefits with respect
2 to a week of unemployment, whose claim has been disputed, and
3 who are eligible under rules promulgated by the Director
4 which are issued pursuant to the results of the study
5 referred to in Section 1700.1.
6 For the period beginning July 1, 1994, and extending
7 through June 30, 1996, no legal services shall be provided
8 under the program established under this subsection.
9 For the period beginning July 1, 1990, and extending
10 through June 30, 1991, no legal services shall be provided
11 under the program established pursuant to this subsection.
12 (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)
13 (820 ILCS 405/803) (from Ch. 48, par. 473)
14 Sec. 803. Board of review - Decisions. The Board of
15 Review may, on its own motion or upon appeal by any party to
16 the determination or finding, affirm, modify, or set aside
17 any decision of an Administrative Law Judge a Referee. The
18 Board of Review in its discretion, may take additional
19 evidence in hearing such appeals, or may remand the case, in
20 whole or in part, to an Administrative Law Judge a Referee or
21 claims adjudicator, and, in such event, shall state the
22 questions requiring further consideration and give such other
23 instructions as may be necessary. The Director may remove to
24 the Board of Review or transfer to another Administrative Law
25 Judge Referee the proceedings on any claim pending before an
26 Administrative Law Judge a Referee. Any proceedings so
27 removed to the Board of Review shall be heard in accordance
28 with the requirements of Section 801 by the Board of Review.
29 At any hearing before the Board of Review, in the absence or
30 disqualification of any member thereof representing either
31 the employee or employer class, the hearing shall be
32 conducted by the member not identified with either of such
33 classes. Upon receipt of an appeal by any party to the
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1 findings and decision of a an Administrative Law Judge a
2 Referee, the Board of Review shall promptly notify all
3 parties entitled to notice of the Administrative Law Judge's
4 Referee's decision that the appeal has been filed, and shall
5 inform each party of the right to apply for a Notice of Right
6 to Sue as provided for in this Section. The Board of Review
7 shall provide transcripts of the proceedings before the
8 Administrative Law Judge Referee within 35 days of the date
9 of the filing of an appeal by any party. The Board of Review
10 shall make a final determination on the appeal within 120
11 days of the date of the filing of the appeal and shall notify
12 the parties of its final determination or finding, or both,
13 within the same 120 day period. The period for making a
14 final determination may be extended by the Board of Review to
15 no more than 30 additional days upon written request of
16 either party, for good cause shown.
17 At any time after the expiration of the aforesaid 120 day
18 period, or the expiration of any extension thereof, and prior
19 to the date the Board of Review makes a final determination
20 on the appeal, the party claiming to be aggrieved by the
21 decision of the Administrative Law Judge Referee may apply in
22 writing by certified mail, return receipt requested, to the
23 Board of Review for a Notice of Right to Sue. The Board of
24 Review shall issue, within 14 days of the date that the
25 application was mailed to it, a Notice of Right to Sue to all
26 parties entitled to notice of the Administrative Law Judge's
27 Referee's decision, unless, within that time, the Board has
28 issued its final decision. The Notice of Right to Sue shall
29 notify the parties that the findings and decision of the
30 Administrative Law Judge Referee shall be the final
31 administrative decision on the appeal, and it shall further
32 notify any party claiming to be aggrieved thereby that he may
33 seek judicial review of the final decision of the
34 Administrative Law Judge referee under the provisions of the
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1 Administrative Review Law. If the Board issues a Notice of
2 Right to Sue, the date that such notice is served upon the
3 parties shall determine the time within which to commence an
4 action for judicial review. Any decision issued by the Board
5 after the aforesaid 14 day period shall be null and void. If
6 the Board fails to either issue its decision or issue a
7 Notice of Right to Sue within the prescribed 14 day period,
8 then the findings and decision of the Administrative Law
9 Judge Referee shall, by operation of law, become the final
10 administrative decision on the appeal. In such an instance,
11 the period within which to commence an action for judicial
12 review pursuant to the Administrative Review Law shall begin
13 to run on the 15th day after the date of mailing of the
14 application for the Notice of Right to Sue. If no party
15 applies for a Notice of Right to Sue, the decision of the
16 Board of Review, issued at any time, shall be the final
17 decision on the appeal.
18 (Source: P.A. 84-26.)
19 (820 ILCS 405/805) (from Ch. 48, par. 474a)
20 Sec. 805. Additional parties. The Director,
21 Administrative Law Judge Referee, and the Board of Review, in
22 any hearing involving benefit claims, may add parties,
23 whenever in his or its discretion, it is necessary to the
24 proper disposition of the case. Such additional parties shall
25 be entitled to reasonable notice of the proceedings and an
26 opportunity to be heard.
27 (Source: Laws 1951, p. 844.)
28 (820 ILCS 405/806) (from Ch. 48, par. 474b)
29 Sec. 806. Representation. Any individual or entity in
30 any proceeding before the Director or his representative, or
31 the Administrative Law Judge Referee or the Board of Review,
32 may be represented by a union or any duly authorized agent.
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1 (Source: P.A. 85-956.)
2 (820 ILCS 405/900) (from Ch. 48, par. 490)
3 Sec. 900. Recoupment.)
4 A. Whenever an individual has received any sum as
5 benefits for which he is found to have been ineligible, the
6 amount thereof may be recovered by suit in the name of the
7 People of the State of Illinois, or, from benefits payable to
8 him, may be recouped:
9 1. At any time, if, to receive such sum, he
10 knowingly made a false statement or knowingly failed to
11 disclose a material fact.
12 2. Within 3 years from any date prior to January 1,
13 1984, on which he has been found to have been ineligible
14 for any other reason, pursuant to a reconsidered finding
15 or a reconsidered determination, or pursuant to the
16 decision of an Administrative Law Judge a Referee (or of
17 the Director or his representative under Section 604)
18 which modifies or sets aside a finding or a reconsidered
19 finding or a determination or a reconsidered
20 determination; or within 5 years from any date after
21 December 31, 1983, on which he has been found to have
22 been ineligible for any other reason, pursuant to a
23 reconsidered finding or a reconsidered determination, or
24 pursuant to the decision of an Administrative Law Judge a
25 Referee (or of the Director or his representative under
26 Section 604) which modifies or sets aside a finding or a
27 reconsidered finding or a determination or a reconsidered
28 determination. Recoupment pursuant to the provisions of
29 this paragraph from benefits payable to an individual for
30 any week may be waived upon the individual's request, if
31 the sum referred to in paragraph A was received by the
32 individual without fault on his part and if such
33 recoupment would be against equity and good conscience.
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1 Such waiver may be denied with respect to any subsequent
2 week if, in that week, the facts and circumstances upon
3 which waiver was based no longer exist.
4 B. Whenever the claims adjudicator referred to in
5 Section 702 decides that any sum received by a claimant as
6 benefits shall be recouped, or denies recoupment waiver
7 requested by the claimant, he shall promptly notify the
8 claimant of his decision and the reasons therefor. The
9 decision and the notice thereof shall state the amount to be
10 recouped, the weeks with respect to which such sum was
11 received by the claimant, and the time within which it may be
12 recouped and, as the case may be, the reasons for denial of
13 recoupment waiver. The claims adjudicator may reconsider his
14 decision within one year after the date when the decision was
15 made. Such decision or reconsidered decision may be appealed
16 to an Administrative Law Judge a Referee within the time
17 limits prescribed by Section 800 for appeal from a
18 determination. Any such appeal, and any appeal from the
19 Administrative Law Judge's Referee's decision thereon, shall
20 be governed by the applicable provisions of Sections 801,
21 803, 804 and 805. No recoupment shall be begun until the
22 expiration of the time limits prescribed by Section 800 of
23 this Act or, if an appeal has been filed, until the decision
24 of an Administrative Law Judge a Referee has been made
25 thereon affirming the decision of the Claims Adjudicator.
26 C. Any sums recovered under the provisions of this
27 Section shall be treated as repayments to the Director of
28 sums improperly obtained by the claimant.
29 D. Whenever, by reason of a back pay award made by any
30 governmental agency or pursuant to arbitration proceedings,
31 or by reason of a payment of wages wrongfully withheld by an
32 employing unit, an individual has received wages for weeks
33 with respect to which he has received benefits, the amount of
34 such benefits may be recouped or otherwise recovered as
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1 herein provided. An employing unit making a back pay award
2 to an individual for weeks with respect to which the
3 individual has received benefits shall make the back pay
4 award by check payable jointly to the individual and to the
5 Director.
6 E. The amount recouped pursuant to paragraph 2 of
7 subsection A from benefits payable to an individual for any
8 week shall not exceed 25% of the individual's weekly benefit
9 amount.
10 In addition to the remedies provided by this Section,
11 when an individual has received any sum as benefits for which
12 he is found to be ineligible, the Director may request the
13 Comptroller to withhold such sum in accordance with Section
14 10.05 of the State Comptroller Act. Benefits paid pursuant
15 to this Act shall not be subject to such withholding.
16 (Source: P.A. 85-956.)
17 (820 ILCS 405/1000) (from Ch. 48, par. 500)
18 Sec. 1000. Oaths- Certifications-Subpoenas.
19 The Director, claims adjudicator, or other representative
20 of the Director and any Administrative Law Judge Referee and
21 the Board of Review, or any member thereof, shall have the
22 power, in the discharge of the duties imposed by this Act, to
23 administer oaths and affirmations, certify to all official
24 acts, and issue subpoenas to compel the attendance and
25 testimony of witnesses, and the production of papers, books,
26 accounts and documents deemed necessary as evidence in
27 connection with a disputed claim or the administration of
28 this Act.
29 (Source: P.A. 77-1443.)
30 (820 ILCS 405/1001) (from Ch. 48, par. 501)
31 Sec. 1001. Testimony-Immunity.
32 No person shall be excused from testifying or from
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1 producing any papers, books, accounts, or documents in any
2 investigation or inquiry or upon any hearing, when ordered to
3 do so by the Director, Board of Review, or member thereof, or
4 any claims adjudicator, Administrative Law Judge Referee, or
5 a representative of the Director, upon the ground that the
6 testimony or evidence, documentary or otherwise, may tend to
7 incriminate him or subject him to a penalty or forfeiture.
8 But no person shall be prosecuted or subjected to any penalty
9 or forfeiture for or on account of any transaction, matter or
10 thing concerning which he may testify or produce evidence,
11 documentary or otherwise, before any such person or Board of
12 Review: Provided, that such immunity shall extend only to a
13 natural person, who, in obedience to a subpoena, and after
14 claiming his privilege, shall, upon order, give testimony
15 under oath or produce evidence, documentary or otherwise,
16 under oath. No person so testifying shall be exempt from
17 prosecution and punishment for perjury committed in so
18 testifying.
19 (Source: P.A. 77-1443.)
20 (820 ILCS 405/1002) (from Ch. 48, par. 502)
21 Sec. 1002. Attendance of witnesses - Production of
22 papers. All subpoenas issued under the terms of this Act may
23 be served by any person of full age. The fees of witnesses
24 for attendance and travel shall be the same as fees of
25 witnesses before the circuit courts of this State, such fees
26 to be paid when the witness is excused from further
27 attendance. The payment of such fees shall be made in the
28 same manner as are other expenses incurred in the
29 administration of this Act. A subpoena issued shall be served
30 in the same manner as a subpoena issued out of a court.
31 Any person who shall be served with a subpoena to appear
32 and testify or to produce books, papers, accounts, or
33 documents, issued by the Director or by any claims
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1 adjudicator or other representative of the Director, or by
2 any Administrative Law Judge Referee or the Board of Review,
3 or member thereof, in the course of an inquiry,
4 investigation, or hearing conducted under any of the
5 provisions of this Act, and who refuses or neglects to appear
6 or to testify or to produce books, papers, accounts, and
7 documents relevant to said inquiry, investigation, or hearing
8 as commanded in such subpoena, shall be guilty of a Class A
9 misdemeanor.
10 Any circuit court of this State, upon application by the
11 Director, or claims adjudicator, or other representative of
12 the Director, or by any Administrative Law Judge Referee or
13 the Board of Review, or any member thereof, may, in its
14 discretion, compel the attendance of witnesses, the
15 production of books, papers, accounts, and documents, and the
16 giving of testimony before such person or Board by an
17 attachment for contempt or otherwise, in the same manner as
18 production of evidence may be compelled before the court.
19 (Source: P.A. 83-334.)
20 (820 ILCS 405/1003) (from Ch. 48, par. 503)
21 Sec. 1003. Depositions. The deposition of any witness
22 residing within or without the State may be taken at the
23 instance of any claims adjudicator, Administrative Law Judge
24 Referee, member of the Board of Review, field auditor,
25 Director's representative, or any of the parties to any
26 proceeding arising under the provisions of this Act in the
27 manner prescribed by law for the taking of like depositions
28 in civil cases in the courts of this State. The Director
29 may, at the request of any such person, issue a dedimus
30 potestatem or commission under the seal of the Department of
31 Employment Security in the same manner as the proper clerk's
32 office is authorized to issue such dedimus potestatem or
33 commission under the seal of the court in connection with any
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1 matter pending in the circuit courts of this State.
2 (Source: P.A. 83-1503.)
3 (820 ILCS 405/1004) (from Ch. 48, par. 504)
4 Sec. 1004. Record of proceedings.
5 The Director shall provide facilities for the taking of
6 testimony and the recording of proceedings at the hearings
7 before the Director, his representative, the Board of Review,
8 or an Administrative Law Judge a Referee. All expenses
9 arising pursuant to this Section shall be paid in the same
10 manner as other expenses incurred pursuant to this Act.
11 (Source: Laws 1951, p. 844.)
12 (820 ILCS 405/1200) (from Ch. 48, par. 530)
13 Sec. 1200. Compensation of attorneys.
14 No fee shall be charged any claimant in any proceeding
15 under this Act by the Director or his representatives, or by
16 the Administrative Law Judges Referees or Board of Review, or
17 by any court or the clerks thereof except as provided herein.
18 Any individual claiming benefits in any proceeding before
19 the Director or his representative, or the Administrative Law
20 Judge Referee or the Board of Review, or his or its
21 representatives, or a court, may be represented by counsel or
22 other duly authorized agent; but no such counsel or agents
23 shall either charge or receive for such services more than an
24 amount approved by the Board of Review or, in cases arising
25 under Section 604, by the Director.
26 Any person who shall exact or receive any remuneration or
27 gratuity for any services rendered on behalf of such claimant
28 except as allowed by this Section and in an amount approved
29 by the Board of Review or the Director, as the case may be,
30 shall be guilty of a Class A misdemeanor. Any person who
31 shall solicit the business of appearing on behalf of such
32 claimant or who shall make it a business to solicit
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1 employment for another in connection with any claim for
2 benefits under this Act shall be guilty of a Class A
3 misdemeanor.
4 (Source: P.A. 77-2830.)
5 (820 ILCS 405/1508) (from Ch. 48, par. 578)
6 Sec. 1508. Statement of benefit wages and statement of
7 benefit charges. The Director shall periodically furnish each
8 employer with a statement of the wages of his workers or
9 former workers which became his benefit wages together with
10 the names of such workers or former workers. The Director
11 shall also periodically furnish each employer with a
12 statement of benefits which became benefit charges together
13 with the names of such workers or former workers. Any such
14 statement, in absence of an application for revision thereof
15 within 45 days from the date of mailing of such statement to
16 his last known address, shall be conclusive and final upon
17 the employer for all purposes and in all proceedings
18 whatsoever. Such application for revision shall be in the
19 form and manner prescribed by regulation of the Director. If
20 the Director shall deem any application for revision
21 insufficient, he shall rule such insufficient application
22 stricken and shall serve notice of such ruling and the basis
23 therefor upon the employer. Such ruling shall be final and
24 conclusive upon the employer unless he shall file a
25 sufficient application for revision within 20 days from the
26 date of service of notice of such ruling. Upon receipt of a
27 sufficient application for revision of such statement within
28 the time allowed, the Director or Administrative Law Judge
29 shall order such application allowed in whole or in part or
30 shall order that such application for revision be denied and
31 shall serve notice upon the employer of such order. Such
32 order of the Director shall be final and conclusive at the
33 expiration of 20 days from the date of service of such notice
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1 unless the employer shall have filed with the Director a
2 written protest and a petition for hearing, specifying his
3 objections thereto. Upon receipt of such petition within the
4 20 days allowed, the Director shall fix the time and place
5 for a hearing and shall notify the employer thereof. At any
6 hearing held as herein provided, the order of the Director
7 shall be prima facie correct and the burden shall be upon the
8 protesting employer to prove that it is incorrect. All of the
9 provisions of this Act, applicable to hearings conducted
10 pursuant to Section 2200 and not inconsistent with the
11 provisions of this Section, shall be applicable to hearings
12 conducted pursuant to this Section. No employer shall have
13 the right to object to the benefit wages or benefit charges
14 with respect to any worker as shown on such statement unless
15 he shall first show that such benefit wages or benefit
16 charges arose as a result of benefits paid to such worker in
17 accordance with a finding, reconsidered finding,
18 determination, or reconsidered determination, or for 1987 or
19 any calendar year thereafter an Administrative Law Judge's a
20 Referee's decision, to which such employer was a party
21 entitled to notice thereof, as provided by Sections 701 to
22 703, inclusive, or Section 800, and shall further show that
23 he was not notified of such finding, reconsidered finding,
24 determination, or reconsidered determination, or for 1987 or
25 any calendar year thereafter such Administrative Law Judge's
26 Referee's decision, in accordance with the requirements of
27 Sections 701 to 703, inclusive, or Section 800. Nothing
28 herein contained shall abridge the right of any employer at
29 such hearing to object to such statement of benefit wages or
30 statement of benefit charges on the ground that it is
31 incorrect by reason of a clerical error made by the Director
32 or any of his employees. The employer shall be promptly
33 notified, by mail, of the Director's decision. Such decision
34 shall be final and conclusive unless review is had within the
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1 time and in the manner provided by Section 2205.
2 (Source: P.A. 85-956.)
3 (820 ILCS 405/1508.1) (from Ch. 48, par. 578.1)
4 Sec. 1508.1. Cancellation of Benefit Wages and Benefit
5 Charges Due to Lack of Notice. A. It is the purpose of this
6 Section to provide relief to an employer who has accrued
7 benefit wages or benefit charges resulting from the payment
8 of benefits of which such employer has not had notice.
9 Whenever any of the following actions taken by the Department
10 directly results in the payment of benefits to an individual
11 and hence causes the individual's wages to become benefit
12 wages in accordance with the provisions of Sections 1501 and
13 1502 or causes the benefits to become benefits charges in
14 accordance with Sections 1501.1 and 1502.1, such benefit
15 wages or benefit charges shall be cancelled if the employer
16 proves that the Department did not give notice of such
17 actions as required by Section 804 within the following
18 periods of time:
19 1. With respect to the notice to the most recent
20 employing unit or to the last employer (referred to in
21 Section 1502.1) issued under Section 701, within 180 days of
22 the date of the initial finding of monetary eligibility;
23 2. With respect to notice of a decision pursuant to
24 Section 701 that the employer is the last employer under
25 Section 1502.1, within 180 days of the date of the employer's
26 protest or appeal that he is not the last employer under
27 Section 1502.1;
28 3. With respect to a determination issued under Section
29 702 and the rules of the Director, within 180 days of the
30 date of an employer's notice of possible ineligibility or
31 remanded decision of the Administrative Law Judge Referee
32 which gave rise to the determination, except that in the case
33 of a determination issued under Section 702 in which an issue
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1 was not adjudicated at the time of the employer's notice of
2 possible ineligibility because of the individual's failure to
3 file a claim for a week of benefits, within 180 days of the
4 date on which the individual first files a claim for a week
5 of benefits;
6 4. With respect to a reconsidered finding or a
7 reconsidered determination issued under Section 703, within
8 180 days of the date of such reconsidered finding or
9 reconsidered determination;
10 5. With respect to an Administrative Law Judge's a
11 Referee's decision issued under Section 801 which allows
12 benefits, within 180 days of the date of the appeal of the
13 finding or determination of the claims adjudicator which was
14 the basis of the Administrative Law Judge's Referee's
15 decision;
16 6. With respect to a decision of the Director or his
17 representative concerning eligibility under Section 604,
18 within 180 days of the date of the report of the
19 Administrative Law Judge Director's Representative.
20 B. Nothing contained in this Section shall relieve an
21 employer from the requirements for application for revision
22 to a statement of benefit wages or statement of benefit
23 charges pursuant to Section 1508 or any other requirement
24 contained in this Act or in rules promulgated by the
25 Director.
26 C. The Director shall promulgate rules to carry out the
27 provisions of this Section.
28 (Source: P.A. 86-3.)
29 (820 ILCS 405/1509) (from Ch. 48, par. 579)
30 Sec. 1509. Notice of employer's contribution rate. The
31 Director shall promptly notify each employer of his rate of
32 contribution for each calendar year by mailing notice thereof
33 to his last known address. Such rate determination shall be
-21- LRB9002681NTsb
1 final and conclusive upon the employer for all purposes and
2 in all proceedings whatsoever unless within 15 days after
3 mailing of notice thereof, the employer files with the
4 Director an application for review of such rate
5 determination, setting forth his reasons in support thereof.
6 Such application for review shall be in the form and manner
7 prescribed by regulation of the Director. If the Director
8 shall deem any application for review insufficient, he shall
9 rule such insufficient application stricken and shall serve
10 notice of such ruling and the basis therefor upon the
11 employer. Such ruling shall be final and conclusive upon the
12 employer unless he shall file a sufficient application for
13 review within ten days from the date of service of notice of
14 such ruling. Upon receipt of a sufficient application for
15 review within the time allowed, the Director shall order such
16 application for review allowed in whole or in part, or shall
17 order that such application for review be denied, and shall
18 serve notice upon the employer of such order. Such order of
19 the Director shall be final and conclusive at the expiration
20 of ten days from the date of service of such notice unless
21 the employer shall have filed with the Director a written
22 protest and a petition for hearing, specifying his objections
23 thereto. Upon receipt of such petition within the ten days
24 allowed, the Director or Administrative Law Judge shall fix
25 the time and place for a hearing and shall notify the
26 employer thereof. At any hearing held as herein provided, the
27 order of the Director shall be prima facie correct and the
28 burden shall be upon the protesting employer to prove that it
29 is incorrect. All of the provisions of this Act, applicable
30 to hearings conducted pursuant to Section 2200 and not
31 inconsistent with the provisions of this Section, shall be
32 applicable to hearings conducted pursuant to this Section. In
33 any such proceeding, the employer shall be barred from
34 questioning the amount of the benefit wages or benefit
-22- LRB9002681NTsb
1 charges as shown on any statement of benefit wages or
2 statement of benefit charges which forms the basis for the
3 computation of such rate unless such employer shall prove
4 that he was not, as provided in Section 1508, furnished with
5 such statement containing the benefit wages or benefit
6 charges which he maintains are erroneous. In such event, the
7 employer shall have the same rights to revision of such
8 statement in such proceedings as are provided in Section
9 1508. Upon the completion of such hearing, the employer shall
10 be promptly notified by the Director, by mail, of his
11 decision, and such decision shall be final and conclusive for
12 all purposes and in all proceedings whatsoever unless review
13 is had within the time and in the manner provided by Section
14 2205.
15 (Source: P.A. 85-956.)
16 (820 ILCS 405/1510) (from Ch. 48, par. 580)
17 Sec. 1510. Service of notice. Whenever service of notice
18 is required by Sections 1508 and 1509, such notice may be
19 given and be complete by depositing the same with the United
20 States Mail, addressed to the employer at his last known
21 address. If represented by counsel in the proceedings before
22 the Director, or an Administrative Law Judge in the
23 Director's place, then service of notice may be made upon
24 such employer by mailing same to such counsel.
25 (Source: Laws 1951, p. 32.)
26 (820 ILCS 405/1800) (from Ch. 48, par. 630)
27 Sec. 1800. Records and reports required of employing
28 units - Inspection. Each employing unit shall keep such true
29 and accurate records with respect to services performed for
30 it as may be required by the rules and regulations of the
31 Director promulgated pursuant to the provisions of this Act.
32 Such records together with such other books and documents as
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1 may be necessary to verify the entries in such records shall
2 be open to inspection by the Director or his authorized
3 representative at any reasonable time and as often as may be
4 necessary. Every employer who is delinquent in the payment of
5 contributions shall also permit the Director or his
6 representative to enter upon his premises, inspect his books
7 and records, and inventory his personal property and rights
8 thereto, for the purpose of ascertaining and listing the
9 personal property owned by such employer which is subject to
10 the lien created by this Act in favor of the Director of
11 Employment Security. Each employing unit which has paid no
12 contributions for employment in any calendar year shall,
13 prior to January 30 of the succeeding calendar year, file
14 with the Director, on forms to be furnished by the Director
15 at the request of such employing unit, a report of its
16 employment experience for such periods as the Director shall
17 designate on such forms, together with such other information
18 as the Director shall require on such forms, for the purpose
19 of determining the liability of such employing unit for the
20 payment of contributions; in addition, every newly created
21 employing unit shall file such report with the Director
22 within 30 days of the date upon which it commences business.
23 The Director, the Board of Review, or any Administrative Law
24 Judge Referee may require from any employing unit any sworn
25 or unsworn reports concerning such records as he or the Board
26 of Review deems necessary for the effective administration of
27 this Act, and every such employing unit or person shall
28 fully, correctly, and promptly furnish the Director all
29 information required by him to carry out the purposes and
30 provisions of this Act.
31 (Source: P.A. 83-1503.)
32 (820 ILCS 405/2200) (from Ch. 48, par. 680)
33 Sec. 2200. Determination and assessment of contributions
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1 by the director.
2 If it shall appear to the Director that any employing
3 unit or person has failed to pay any contribution, interest
4 or penalty as and when required by the provisions of this Act
5 or by any rule or regulation of the Director, or if the
6 amount of any contribution payment made by an employing unit
7 for any period is deemed by the Director to be incorrect in
8 that it does not include all contributions payable for such
9 period, or if the Director shall find that the collection of
10 any contributions which have accrued but are not yet due will
11 be jeopardized by delay, and declares said contributions
12 immediately due and payable, or if it shall appear to the
13 Director that he has made any final assessment which did not
14 include all contributions payable by the employer for the
15 periods involved, or if it appears to the Director that any
16 employing unit or person has, by reason of any act or
17 omission or by operation of law, become liable for the
18 payment of any contributions, interest or penalties not
19 originally incurred by him, the Director may in any of the
20 above events determine and assess the amount of such
21 contributions or deficiency, as the case may be, together
22 with interest and penalties due and unpaid, and immediately
23 serve notice upon such employing unit or person of such
24 determination and assessment and make a demand for payment of
25 the assessed contribution together with interest and
26 penalties thereon. If the employing unit or person incurring
27 any such liability has died, such assessment may at the
28 discretion of the Director be made against his personal
29 representative. Such determination and assessment by the
30 Director shall be final at the expiration of 20 days from the
31 date of the service of such written notice thereof and demand
32 for payment, unless such employing unit or person shall have
33 filed with the Director a written protest and a petition for
34 a hearing, specifying its objections thereto. Upon the
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1 receipt of such petition within the 20 days allowed, the
2 Director or Administrative Law Judge shall fix the time and
3 place for a hearing and shall notify the petitioner thereof.
4 The Director may amend his determination and assessment at
5 any time before it becomes final. In the event of such
6 amendment the employing unit or person affected shall be
7 given notice thereof and an opportunity to be heard in
8 connection therewith. At any hearing held as herein provided,
9 the determination and assessment that has been made by the
10 Director shall be prima facie correct and the burden shall be
11 upon the protesting employing unit or person to prove that it
12 is incorrect. Upon the conclusion of such hearing a decision
13 shall be made by the Director either canceling, increasing,
14 modifying or affirming such determination or assessment and
15 notice thereof given to the petitioner. Such notice shall
16 contain a statement by the Director of the cost of the
17 certification of the record computed at the rate of 5¢ per
18 100 words. The record shall consist of the notices and
19 demands caused to be served by the Director, the original
20 determination and assessment of the Director, the written
21 protest and petition for hearing, the testimony introduced at
22 such hearing, the exhibits produced at such hearing, or
23 certified copies thereof, the decisions of the Director and
24 such other documents in the nature of pleadings filed in the
25 proceeding.
26 (Source: Laws 1951, p. 32.)
27 (820 ILCS 405/2201) (from Ch. 48, par. 681)
28 Sec. 2201. Refund or adjustment of contributions. Not
29 later than 3 years after the date upon which any
30 contributions, interest or penalties thereon were paid, an
31 employing unit which has paid such contributions, interest or
32 penalties thereon erroneously, may file a claim with the
33 Director for an adjustment thereof in connection with
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1 subsequent contribution payments, or for a refund thereof
2 where such adjustment cannot be made; provided, however, that
3 no refund or adjustment shall be made of any contribution,
4 the amount of which has been determined and assessed by the
5 Director, if such contribution was paid after the
6 determination and assessment of the Director became final,
7 and provided, further, that any such adjustment or refund,
8 involving contributions with respect to wages on the basis of
9 which benefits have been paid, shall be reduced by the amount
10 of benefits so paid. Upon receipt of a claim the Director
11 shall make his determination, either allowing such claim in
12 whole or in part, or ordering that it be denied, and serve
13 notice upon the claimant of such determination. Such
14 determination of the Director shall be final at the
15 expiration of 20 days from the date of service of such notice
16 unless the claimant shall have filed with the Director a
17 written protest and a petition for hearing, specifying his
18 objections thereto. Upon receipt of such petition within the
19 20 days allowed, the Director or Administrative Law Judge
20 shall fix the time and place for a hearing and shall notify
21 the claimant thereof. At any hearing held as herein provided,
22 the determination of the Director shall be prima facie
23 correct and the burden shall be upon the protesting employing
24 unit to prove that it is incorrect. All of the provisions of
25 this Act applicable to hearings conducted pursuant to Section
26 2200 shall be applicable to hearings conducted pursuant to
27 this Section. Upon the conclusion of such hearing, a decision
28 shall be made by the Director and notice thereof given to the
29 claimant. If the Director shall decide that the claim be
30 allowed in whole or in part, or if such allowance be ordered
31 by the Court pursuant to Section 2205 and the judgment of
32 said Court has become final, the Director shall, if
33 practicable, make adjustment without interest in connection
34 with subsequent contribution payments by the claimant, and if
-27- LRB9002681NTsb
1 adjustments thereof cannot practicably be made in connection
2 with such subsequent contribution payments, then the Director
3 shall refund to the claimant the amount so allowed, without
4 interest except as otherwise provided in Section 2201.1 from
5 moneys in the benefit account established by this Act.
6 Nothing herein contained shall prohibit the Director from
7 making adjustment or refund upon his own initiative, within
8 the time allowed for filing claim therefor, provided that the
9 Director shall make no refund or adjustment of any
10 contribution, the amount of which he has previously
11 determined and assessed, if such contribution was paid after
12 the determination and assessment became final.
13 If this State should not be certified for any year by the
14 Secretary of Labor of the United States of America, or other
15 appropriate Federal agency, under Section 3304 of the Federal
16 Internal Revenue Code of 1954, the Director shall refund
17 without interest to any instrumentality of the United States
18 subject to this Act by virtue of permission granted in an Act
19 of Congress, the amount of contributions paid by such
20 instrumentality with respect to such year.
21 (Source: P.A. 84-1336.)
22 (820 ILCS 405/2202) (from Ch. 48, par. 682)
23 Sec. 2202. Finality of finding of claims adjudicator,
24 Administrative Law Judge, Referee or Board of Review in
25 proceedings before the director or his representative. If at
26 any hearing held pursuant to Sections 2200 or 2201 before the
27 Director or Administrative Law Judge his duly authorized
28 representative it shall appear that, in a prior proceeding
29 before a claims adjudicator, Administrative Law Judge,
30 Referee or the Board of Review, a decision was rendered in
31 which benefits were allowed to a claimant, based upon a
32 finding by such claims adjudicator, Administrative Law Judge,
33 Referee or the Board of Review, as the case may be, that (A)
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1 the petitioning employing unit is an employer as defined by
2 this Act, or (B) the claimant has rendered services for such
3 employing unit that constitute employment as defined by this
4 Act, or (C) the claimant was paid or earned, as the case may
5 be, any sum that constitutes "wages" as defined by this Act,
6 and that such employing unit was given notice of such prior
7 proceedings and an opportunity to be heard by appeal to such
8 Administrative Law Judge, Referee or the Board of Review, as
9 the case may be, in such prior proceeding, and that such
10 decision of the claims adjudicator, Administrative Law Judge,
11 Referee or Board of Review allowing benefits to the claimant
12 became final, the aforementioned finding of the claims
13 adjudicator, Administrative Law Judge, Referee or the Board
14 of Review, as the case may be, shall be final and
15 incontrovertible as to such employing unit, in the
16 proceedings before the Director or Administrative Law Judge
17 his duly authorized representative, and shall not be subject
18 to any further right of judicial review by such employing
19 unit. If, after the hearing held pursuant to Sections 2200 or
20 2201, the Director shall find that services were rendered for
21 such employing unit by other individuals under circumstances
22 substantially the same as those under which the claimant's
23 services were performed, the finality of the findings made by
24 the claims adjudicator, Administrative Law Judge, Referee or
25 the Board of Review, as the case may be, as to the status of
26 the services performed by the claimant, shall extend to all
27 such services rendered for such employing unit, but nothing
28 in this Section shall be construed to limit the right of any
29 claimant to a fair hearing as provided in Sections 800, 801,
30 and 803.
31 (Source: P.A. 77-1443.)
32 (820 ILCS 405/2203) (from Ch. 48, par. 683)
33 Sec. 2203. Service of notice-Place of hearing-By whom
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1 conducted.
2 Whenever service of notice is required by Sections 2200
3 or 2201, such notice shall be deemed to have been served when
4 deposited with the United States certified or registered mail
5 addressed to the employing unit at its principal place of
6 business, or its last known place of business or residence,
7 or may be served by any person of full age in the same manner
8 as is provided by statute for service of process in civil
9 cases. If represented by counsel in the proceedings before
10 the Director or Administrative Law Judge, then service of
11 notice may be made upon such employing unit by mailing same
12 to such counsel. All hearings provided for in Sections 2200
13 and 2201 shall be held in the county wherein the employing
14 unit has its principal place of business in this State,
15 provided that if the employing unit has no principal place of
16 business in this State, such hearing may be held in Cook
17 County, provided, further, that such hearing may be held in
18 any county designated by the Director or Administrative Law
19 Judge if the petitioning employing unit shall consent
20 thereto. The hearings shall be conducted by the Director or
21 Administrative Law Judge by any full-time employee of the
22 Director, selected in accordance with the provisions of the
23 "Personnel Code" enacted by the Sixty-Ninth General Assembly,
24 by him designated. The Administrative Law Judge Such
25 representative so designated by the Director shall have all
26 powers given the Director by Sections 1000, 1002, and 1003 of
27 this Act.
28 (Source: Laws 1957, p. 2667.)
29 (820 ILCS 405/2306) (from Ch. 48, par. 706)
30 Sec. 2306. Certified copies of decisions or notices as
31 evidence. A copy of any finding or decision of a claims
32 adjudicator, Administrative Law Judge, Referee or the Board
33 of Review and of any decision, order, ruling, determination
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1 and assessment, statement of benefit wages, statement of
2 benefit charges, or rate determination made by the Director,
3 and of any notice served by the Director, upon certification
4 by the Commissioner of Unemployment Compensation or the
5 Director to be a true and correct copy, and further
6 certification that the records of the Director disclose that
7 it was duly served upon the employing unit therein named,
8 shall be admissible into evidence in all hearings and
9 judicial proceedings as prima facie proof that it was made,
10 rendered, or issued and that it was duly served upon such
11 employing unit at the time and in the manner stated in such
12 certification.
13 (Source: P.A. 85-1009.)