Illinois Compiled Statutes
820 ILCS 405/2202 (2026)
Finality of finding of claims adjudicator, Referee or Board of Review in proceedings before the director or his representative
✓ current as of May 2026
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(820 ILCS 405/2202)
(from Ch. 48, par. 682)
Sec. 2202.
Finality of finding of claims adjudicator, Referee or Board of
Review in proceedings before the director or his representative.
If at any hearing held pursuant to Sections 2200 or 2201 before the
Director or his duly authorized representative it shall appear that, in a
prior proceeding before a claims adjudicator, Referee or the Board of
Review, a decision was rendered in which benefits were allowed to a
claimant, based upon a finding by such claims adjudicator, Referee or the
Board of Review, as the case may be, that (A) the petitioning employing
unit is an employer as defined by this Act, or (B) the claimant has
rendered services for such employing unit that constitute employment as
defined by this Act, or (C) the claimant was paid or earned, as the case
may be, any sum that constitutes "wages" as defined by this Act, and that
such employing unit was given notice of such prior proceedings and an
opportunity to be heard by appeal to such Referee or the Board of Review,
as the case may be, in such prior proceeding, and that such decision of the
claims adjudicator, Referee or Board of Review allowing benefits to the
claimant became final, the aforementioned finding of the claims
adjudicator, Referee or the Board of Review, as the case may be, shall be
final and incontrovertible as to such employing unit, in the proceedings
before the Director or his duly authorized representative, and shall not be
subject to any further right of judicial review by such employing unit. If,
after the hearing held pursuant to Sections 2200 or 2201, the Director
shall find that services were rendered for such employing unit by other
individuals under circumstances substantially the same as those under which
the claimant's services were performed, the finality of the findings made
by the claims adjudicator, Referee or the Board of Review, as the case may
be, as to the status of the services performed by the claimant, shall
extend to all such services rendered for such employing unit, but nothing
in this Section shall be construed to limit the right of any claimant to a
fair hearing as provided in Sections 800, 801, and 803.
(Source: P.A. 77-1443.)
Notes of Decisions
Cited in 2
cases, 1997–1997 · leading case: Bailey & Assocs., Inc. v. Dep't of Emp. Sec., 683 N.E.2d 1204 (Ill. App. Ct. 1997).
Bailey & Assocs., Inc. v. Dep't of Emp. Sec., 683 N.E.2d 1204 (Ill. App. Ct. 1997). “820 ILCS 405/2202 (West 1994). Of course, once Bailey begins paying contributions for the salespeople it becomes very difficult to argue the salespeople are not employees when they file claims.”
Bailey & Assocs., Inc. v. Dep't of Emp. Sec. (Ill. App. Ct. 1997). “820 ILCS 405/2202 (West 1994). Of course, once Bailey begins paying contributions for the salespeople it becomes very difficult to argue the salespeople are not employees when they file claims.”
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