Ill. Admin. Code tit. 56 § 2720.30

Current through Register Vol. 48, No. 44, November 1, 2024

Section 2720.30 - Correction of Technical Errors

a) Subject to the provisions of this Section, the Department shall, on its own motion or the motion of a party, correct any technical error in any Finding, Determination or Decision necessary to effectuate the intent of the originating authority by issuing a corrected Finding, Determination or Decision. Production of new evidence shall not be a technical error under the provisions of this Section.

EXAMPLE: The Referee issues a Decision, that states the facts and applicable law. The text of the Decision indicates that benefits will be allowed. However, the conclusion of the Decision states that benefits are denied. Either on its own motion or the motion of a party, the Department shall correct this Decision so that the conclusion follows from the facts and the law as set out in the text of the Decision.

b) Any corrected Decision shall set forth the matter being corrected in a different type font than the original text.

c) No corrected Finding, Determination or Decision shall be issued when:

1) The issue in question has been appealed to a higher authority;

2) More than 13 weeks have passed since the end of the benefit year affected by the finding, or more than a year has passed since the last day of the week for which the Determination was made; or

3) More than 30 days have passed since the date of mailing of the Decision of the Referee or the Board of Review.

d) When the Department denies a motion of a party to issue a corrected Finding, Determination, or Decision, the motion shall be considered an appeal to the original Finding, Determination or Decision to the next higher level of review within the Department. The motion does not stay the period for filing an appeal to the circuit court.

Ill. Admin. Code tit. 56, § 2720.30

Amended at 21 Ill. Reg. 9441, effective July 7, 1997

Amended at 43 Ill. Reg. 6385, effective 5/14/2019