Illinois Compiled Statutes
820 ILCS 405/800 (2026)
Appeals to referee or director
✓ current as of May 2026
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(820 ILCS 405/800)
(from Ch. 48, par. 470)
Sec. 800.
Appeals to referee or director.
Except as hereinafter
provided, appeals from a claims adjudicator shall be taken to a Referee.
Whenever a "determination" of a claims adjudicator involves a decision
as to eligibility under Section 604, appeals shall be taken to the
Director or his representative designated for such purpose. Unless the
claimant or any other party entitled to notice of the claims
adjudicator's "finding" or "determination," as the case may be, or the
Director, within 30 calendar days after the delivery of the claims
adjudicator's notification of such "finding" or "determination," or
within 30 calendar days after such notification was mailed to his last
known address, files an appeal therefrom, such "finding" or
"determination" shall be final as to all parties given notice thereof.
(Source: P.A. 81-1521.)
Notes of Decisions
Cited in 21
cases (11 in the last 5 years), 1993–2025 · leading case: Fiumetto v. Garrett Enter., Inc., 749 N.E.2d 992 (Ill. App. Ct. 2001).
Fiumetto v. Garrett Enter., Inc., 749 N.E.2d 992 (Ill. App. Ct. 2001). “The Workers' Compensation Act is enforced through the Industrial Commission (820 ILCS 305/13 (West 1998)), while unemployment claims are adjudicated by the Department of Employment Security (820 ILCS 405/800 (West 1996)). Although both acts provide an enforcement mechanism, both…”
520 South Michigan Avenue Assocs. v. Deptartment of Emp. Sec., 935 N.E.2d 612 (Ill. App. Ct. 2010). “820 ILCS 405/800 (West 2008). An administrative hearing was conducted pursuant to section 801 before the Director’s representative.”
Thompson v. Dep't of Emp. Sec., 928 N.E.2d 528 (Ill. App. Ct. 2010). “3d 778, 784 (2007)), and the statute does not confer additional authority on the Board to entertain appeals beyond the 30 days after a decision has been mailed (820 ILCS 405/800 et seq. (West 2008)). Thus, the Board correctly found that it had no authority to review plaintiffs…”
Caterpillar, Inc. v. Doherty, 701 N.E.2d 1163 (Ill. App. Ct. 1998). “” 820 ILCS 405/800 (West 1992); see also Owens-Illinois, Inc.”
Powers v. Arachnid, Inc., 617 N.E.2d 864 (Ill. App. Ct. 1993). “) The Act provides for administrative (820 ILCS 405/800 through 806 (West 1992)) and judicial review (820 ILCS 405/1100 (West 1992)) of disputed claims where the parties are afforded a reasonable opportunity for a full hearing, on the record, where testimony under oath and other…”
Maskevich v. Illinois Dep't of Emp. Sec., 2022 IL App (1st) 210779-U (Ill. App. Ct. 2022). “The Act provides that “appeals from a claims adjudicator shall be taken to a Referee” and that unless the claimant files an appeal within 30 days from the date the decision is mailed to him or her, the claims adjudicator’s determination “shall be final.”
Automated Prof'l Tax Servs., Inc. v. Dep't of Emp. Sec., 612 N.E.2d 1008 (Ill. App. Ct. 1993). “Unless a case has been remanded to the claims adjudicator by a referee, the Director or the Board of Review, no case can be reconsidered at any time after an appeal has been taken.”
Jefferson v. Dep't of Emp. Sec., 2025 IL App (1st) 240172-U (Ill. App. Ct. 2025). “Citing section 800 of the Unemployment Insurance Act (Act) (820 ILCS 405/800 (West 2022)), the referee concluded that it lacked jurisdiction to hear the merits of Jefferson’s appeal, since she failed to file her appeal within 30 days of November 18, 2022, when the Department…”
Maskevich v. Illinois Dep't of Emp. Sec., 2022 IL App (1st) 210779 (Ill. App. Ct. 2022). “The Act provides that “appeals from a claims adjudicator shall be taken to a Referee” and that unless the claimant files an appeal within 30 days from the date the decision is mailed to him or her, the claims adjudicator’s determination “shall be final.”
Minor v. Dep't of Emp. Sec., 2022 IL App (1st) 220262-U (Ill. App. Ct. 2022). “Section 800 of the Unemployment Insurance Act (Act) provides that a claimant who wishes to appeal from the determination of a claims adjudicator must file an appeal to the referee “within 30 calendar days after the delivery of the claims adjudicator’s notification of such…”
Fiumetto v. Garrett Enter., Inc., 321 Ill. App. 3d 946 (Ill. App. Ct. 2001). “The Workers’ Compensation Act is enforced through the Industrial Commission (820 ILCS 305/13 (West 1998)), while unemployment claims are adjudicated by the Department of Employment Security (820 ILCS 405/800 (West 1996)). Although both acts provide an enforcement mechanism, both…”
Caterpillar, Inc. v. Dep't of Emp. Sec., 304 Ill. App. 3d 492 (Ill. App. Ct. 1999). “" 820 ILCS 405/800 (West 1996). The claims adjudicator made a partial decision of ineligibility under section 604.”
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