Illinois Compiled Statutes
820 ILCS 405/801 (2026)
Decision of referee or director
✓ current as of May 2026
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(820 ILCS 405/801)
(from Ch. 48, par. 471)
Sec. 801.
Decision of referee or director.
A. Unless such appeal is withdrawn, a Referee or the Director, as the case
may be, shall afford the parties reasonable opportunity for a fair hearing. At
any hearing, the record of the claimant's registration for work, or of the
claimant's certification that, during the week or weeks affected by the
hearing, he was able to work, available for work, and actively seeking work, or
any document in the files of the Department of Employment Security submitted to
it by any of the parties, shall be a part of the record, and shall be
competent evidence bearing upon the issues. The failure of the claimant
or other party to appear at a hearing, unless he is the appellant, shall
not preclude a decision in his favor if, on the basis of all the
information in the record, he is entitled to such decision. The Referee
or the Director, as the case may be, shall affirm, modify, or set aside
the claims adjudicator's "finding" or "determination," or both, as the
case may be, or may remand the case, in whole or in part, to the claims
adjudicator, and, in such event, shall state the questions requiring
further consideration, and give such other instructions as may be
necessary. The parties shall be duly notified of such decision,
together with the reasons therefor. The decision of the Referee shall
be final, unless, within 30 calendar days after the date of mailing of
such decision, further appeal to the Board of Review is initiated
pursuant to Section 803.
B. Except as otherwise provided in this subsection, the Director may by
regulation allow the Referee, upon the request of a party for good cause shown,
before or after the Referee issues his decision, to reopen the record to take
additional evidence or to reconsider the Referee's decision or both to reopen
the record and reconsider the Referee's decision. Where the Referee issues
a decision, he shall not reconsider his decision or reopen the record to take
additional evidence after an appeal of the decision is initiated pursuant to
Section 803 or if the request is made more than 30 calendar days, or fewer days
if prescribed by the Director, after the date of mailing of the Referee's
decision. The allowance or denial of a request to reopen the record, where the
request is made before the Referee issues a decision, is not
separately appealable but may be raised as part of the appeal of the Referee's
decision. The allowance of a request to reconsider is not separately
appealable but may be raised as part of the appeal of the Referee's
reconsidered decision. A party may appeal the denial of a timely request to
reconsider a decision within 30 calendar days after the date of mailing of
notice of such denial, and any such appeal shall constitute a timely appeal of
both the denial of the request to reconsider and the Referee's decision.
Whenever reference is made in this Act to the Referee's decision, the term
"decision" includes a reconsidered decision under this subsection.
(Source: P.A. 88-655, eff. 9-16-94.)
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 1993–2025 · leading case: Leach v. Dep't of Emp. Sec., 2020 IL App (1st) 190299 (Ill. App. Ct. 2020).
Leach v. Dep't of Emp. Sec., 2020 IL App (1st) 190299 (Ill. App. Ct. 2020). “” The court found that the referee essentially acted as an advocate for Hawthorne and “cross-examined [Leach] in an exceedingly hostile fashion.” -9- ¶ 37 The Act requires that upon appeal of a determination of ineligibility, a “[r]eferee *** shall afford the parties reasonable…”
Thompson v. Dep't of Emp. Sec., 928 N.E.2d 528 (Ill. App. Ct. 2010). “(West 2008)), which provides that the referee’s decision becomes final if not appealed within 30 days of the date of mailing (820 ILCS 405/801(A) (West 2008)). Plaintiff then filed a complaint for administrative review with the circuit court of Cook County, which confirmed the…”
Satinder S. Rekhi v. Wildwood Indus., Inc., 61 F.3d 1313 (7th Cir. 1995). “48, ¶ 39m-11, with 820 ILCS 405/801, 1004. It is true that Stafford v.”
520 South Michigan Avenue Assocs. v. Deptartment of Emp. Sec., 935 N.E.2d 612 (Ill. App. Ct. 2010). “820 ILCS 405/801 (West 2008). Director’s Representative At the administrative hearing beginning on July 13, 2004, Lucinda Scharbach, an organizer for the union, testified she spends 20% of her time trying to persuade potential guests not to patronize the hotel.”
Figueroa v. Doherty, 707 N.E.2d 654 (Ill. App. Ct. 1999). “" 820 ILCS 405/801 A (West 1996). The hearing must accord with fundamental principles of due process.”
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.”
Edmon v. The Dep't of Emp. Sec., 2022 IL App (1st) 210178-U (Ill. App. Ct. 2022). “The Board noted that its jurisdiction was limited by section 801(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/801(A) (West 2020)), which states that a referee’s decision shall become final unless it is appealed to the Board within 30 days of the date of mailing.”
Harris v. Dep't of Emp. Sec., 2023 IL App (1st) 220405-U (Ill. App. Ct. 2023). “Finding its jurisdiction to review appeals from referees’ decisions limited by Section 801 of the Act (820 ILCS 405/801 (West 2020)), the Board concluded it lacked jurisdiction owing to the untimeliness of the appeal.”
Thompson v. Dep't of Emp. Sec. (Ill. App. Ct. 2010). “(West 2008)), which provides that the referee's decision becomes final if not appealed within 30 days of the date of mailing (820 ILCS 405/801(A) (West 2008)). Plaintiff then filed a complaint for administrative review with the circuit court of Cook County, which confirmed the…”
King v. Dep't of Emp. Sec., 2022 IL App (1st) 210215-U (Ill. App. Ct. 2022). “¶5 The Board noted that its jurisdiction was limited by section 801(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/801(A) (West 2018)), which states that a referee’s decision shall become final unless it is appealed to the Board within 30 days of the date of mailing.”
Termini v. Bd. of Review of the Illinois Dep't of Emp. Sec., 2023 IL App (1st) 221003-U (Ill. App. Ct. 2023). “See 820 ILCS 405/801 (West 2020) (providing that “any document in the files of the Department of Employment Security submitted to it by any of the parties, shall be a part of the record, and shall be competent evidence bearing upon the issues”).”
In re Custody of C.J., 2020 IL App (1st) 190766-U (Ill. App. Ct. 2020). “The Board noted that jurisdiction to entertain appeals from a referee’s decision was limited by section 801 of the Unemployment Insurance Act (820 ILCS 405/801 (West 2018)), which states that a referee’s decision becomes final unless it is appealed to the Board within 30 days of…”
— 820 ILCS 405/801(A) — 6 cases
Leach v. Dep't of Emp. Sec., 2020 IL App (1st) 190299 (Ill. App. Ct. 2020). “” The court found that the referee essentially acted as an advocate for Hawthorne and “cross-examined [Leach] in an exceedingly hostile fashion.” -9- ¶ 37 The Act requires that upon appeal of a determination of ineligibility, a “[r]eferee *** shall afford the parties reasonable…”
Thompson v. Dep't of Emp. Sec., 928 N.E.2d 528 (Ill. App. Ct. 2010). “(West 2008)), which provides that the referee’s decision becomes final if not appealed within 30 days of the date of mailing (820 ILCS 405/801(A) (West 2008)). Plaintiff then filed a complaint for administrative review with the circuit court of Cook County, which confirmed the…”
Edmon v. The Dep't of Emp. Sec., 2022 IL App (1st) 210178-U (Ill. App. Ct. 2022). “The Board noted that its jurisdiction was limited by section 801(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/801(A) (West 2020)), which states that a referee’s decision shall become final unless it is appealed to the Board within 30 days of the date of mailing.”
Thompson v. Dep't of Emp. Sec. (Ill. App. Ct. 2010). “(West 2008)), which provides that the referee's decision becomes final if not appealed within 30 days of the date of mailing (820 ILCS 405/801(A) (West 2008)). Plaintiff then filed a complaint for administrative review with the circuit court of Cook County, which confirmed the…”
King v. Dep't of Emp. Sec., 2022 IL App (1st) 210215-U (Ill. App. Ct. 2022). “¶5 The Board noted that its jurisdiction was limited by section 801(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/801(A) (West 2018)), which states that a referee’s decision shall become final unless it is appealed to the Board within 30 days of the date of mailing.”
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