ILLINOIS U.I. ACT Section 803
A-50 (12/11)
B. As provided in Section 1700.1, effective January 1, 1989, the Director shall establish a program for providing
services by licensed attorneys at law to advise and represent, at hearings before the Referee, the Director or the
Director's Representative, or the Board of Review, “small employers”, as defined in rules promulgated by the
Director, and issued pursuant to the results of the study referred to in Section 1700.1, and individuals who have
made a claim for benefits with respect to a week of unemployment, whose claim has been disputed, and who are
eligible under rules promulgated by the Director which are issued pursuant to the results of the study referred to in
Section 1700.1.
For the period beginning July 1, 1994, and extending through June 30, 1996, no legal services shall be provided
under the program established under this subsection.
For the period beginning July 1, 1990, and extending through June 30, 1991, no legal services shall be provided
under the program established pursuant to this subsection.
(Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)
Sec. 803. Board of review - Decisions
The Board of Review may, on its own motion or upon appeal by any party to the determination or finding, affirm,
modify, or set aside any decision of a Referee. The Board of Review in its discretion, may take additional evidence in
hearing such appeals, or may remand the case, in whole or in part, to a Referee or claims adjudicator, and, in such event,
shall state the questions requiring further consideration and give such other instructions as may be necessary. The
Director may remove to the Board of Review or transfer to another Referee the proceedings on any claim pending before
a Referee. Any proceedings so removed to the Board of Review shall be heard in accordance with the requirements of
Section 801 by the Board of Review. At any hearing before the Board of Review, in the absence or disqualification of
any member thereof representing either the employee or employer class, the hearing shall be conducted by the member
not identified with either of such classes. Upon receipt of an appeal by any party to the findings and decision of a
Referee, the Board of Review shall promptly notify all parties entitled to notice of the Referee's decision that the appeal
has been filed, and shall inform each party of the right to apply for a Notice of Right to Sue as provided for in this
Section. The Board of Review shall provide transcripts of the proceedings before the Referee within 35 days of the date
of the filing of an appeal by any party. The Board of Review shall make a final determination on the appeal within 120
days of the date of the filing of the appeal and shall notify the parties of its final determination or finding, or both, within
the same 120 day period. The period for making a final determination may be extended by the Board of Review to no
more than 30 additional days upon written request of either party, for good cause shown.
At any time after the expiration of the aforesaid 120 day period, or the expiration of any extension thereof, and prior to
the date the Board of Review makes a final determination on the appeal, the party claiming to be aggrieved by the
decision of the Referee may apply in writing by certified mail, return receipt requested, to the Board of Review for a
Notice of Right to Sue. The Board of Review shall issue, within 14 days of the date that the application was mailed to it,
a Notice of Right to Sue to all parties entitled to notice of the Referee's decision, unless, within that time, the Board has
issued its final decision. The Notice of Right to Sue shall notify the parties that the findings and decision of the Referee
shall be the final administrative decision on the appeal, and it shall further notify any party claiming to be aggrieved
thereby that he may seek judicial review of the final decision of the referee under the provisions of the Administrative
Review Law. If the Board issues a Notice of Right to Sue, the date that such notice is served upon the parties shall
determine the time within which to commence an action for judicial review. Any decision issued by the Board after the
aforesaid 14 day period shall be null and void. If the Board fails to either issue its decision or issue a Notice of Right to
Sue within the prescribed 14 day period, then the findings and decision of the Referee shall, by operation of law, become
the final administrative decision on the appeal. In such an instance, the period within which to commence an action for
judicial review pursuant to the Administrative Review Law shall begin to run on the 15th day after the date of mailing of
the application for the Notice of Right to Sue. If no party applies for a Notice of Right to Sue, the decision of the Board
of Review, issued at any time, shall be the final decision on the appeal.
(Source: P.A. 84-26.)
