89 Ill. Adm. Code 1200.190
Appeal Process
Section 1200.190 Appeal
Process
a) General
The appeal processes set forth in this Section shall
be informal in nature and not subject to the Administrative Review Law [735
ILCS 5/Art. III].
b) Right
to Meeting
1) The LRA, or the designated
representative, has a right to a meeting with DSCC with respect to any adverse
eligibility determinations set forth in a Notice of Determination issued
pursuant to Section 1200.180.
2) The request must be made
in writing and must identify the decision being questioned.
3) The request must be made
within 30 days after receipt of the Notice of Determination.
4) DSCC shall contact the
LRA, or the designated representative, within 10 days after receipt of the
request, to schedule a meeting date, time and place.
5) Within 10 days after the
meeting, DSCC shall notify the LRA or the designated representative of the
result of the meeting, the specific reasons for the decision, and any
applicable effective dates of the decision (see Section 1200.180). For
adverse eligibility determinations, the notice shall also contain an
explanation of the LRA's right to a conference pursuant to subsection (c).
6) The Director shall not
take part in this meeting or the resulting decision.
7) Unless the meeting
decision is appealed pursuant to subsection (c), the meeting decision is final.
c) Right
to Conference
1) The LRA, or designated
representative, has a right to appeal the subsection (b) meeting decision to
the Director or designee in a conference with the Director or designee.
2) The request for a
conference must be made in writing and must identify the specific meeting
decision being appealed.
3) The request must be made
within 30 days after receipt of the subsection (b) meeting decision.
4) DSCC shall contact the LRA
or designated representative, within 10 days after receipt of the request, to
schedule a conference date, time and place.
5) The Director or designee
shall consider the subsection (b) meeting decision, any written material
presented at the subsection (b) meeting, any evidence presented at the
conference, and any other information the Director or designee obtains through
a third party report or investigation of the issues raised by the appeal.
6) Within 10 days after the
appeal conference, DSCC shall notify the LRA of the result of the appeal
conference, the specific reasons for the decision, and any applicable effective
dates of the decision (see Section 1200.180). For adverse eligibility
determinations, the notice shall also contain an explanation that the decision
is final and cannot be appealed.
7) The conference decision
rendered by the Director or designee is final.
d) DSCC
may deny or dismiss a meeting or conference if:
1) The LRA or designated
representative withdraws the request for the meeting or appeal conference in
writing; or
2) The LRA or designated
representative fails without good cause shown to appear at the scheduled
meeting or conference.