Section 2720.160  Reconsidered Findings or Determination

a)         An Adjudicator shall reconsider an original Finding or Determination at the written request of a party or upon receipt of new information relating to the original issues, if the request is received by the Department within the following time limits:

1)         In the case of a Finding, within 13 weeks after the close of the claimant's benefit year;

2)         In the case of a Determination, within 1 year after the last day of the week for which the Determination was made, except that, if the issue is whether or not the claimant misstated his or her earnings for the week or whether or not the claimant has been paid wages by reason of a back pay award made by any governmental department or pursuant to arbitration proceedings or by reason of a payment of wages wrongfully withheld by an employing unit, within 3 years after the last day of the week [820 ILCS 405/703];

3)         A Finding or Determination shall not be reconsidered subsequent to the filing of an appeal under Section 2720.200, except when the issue is newly discovered as to whether or not the claimant misstated his or her earnings, or unless the matter is remanded to the Adjudicator by a Referee, the Board of Review or a court.

b)         A reconsidered Finding or Determination shall relate only to the issues and period of time set forth in the original Finding or Determination.

c)         The Adjudicator shall investigate the original records and facts and document a report of a reconsidered investigation that includes the new information and shall:

1)         Affirm the original Finding or Determination if the new facts are not sufficient to modify or reverse the original Finding or Determination and, unless otherwise instructed by the party, process an appeal to the Referee on behalf of the requesting party, in accordance with Section 2720.200, in which case the appeal shall be considered an appeal to the original Finding or Determination; or

2)         Modify or reverse the original Finding or Determination if the new facts require a different result, and issue a reconsidered Finding or Determination to the parties vacating and replacing the original Finding or Determination and affording full appeal rights under Section 2720.200.

(Source:  Amended at 43 Ill. Reg. 6385, effective May 14, 2019)