Maskevich v. Illinois Department of Employment Security

Summary

The Illinois Appellate Court, First District, affirmed the circuit court’s judgment upholding the Illinois Department of Employment Security Board of Review’s dismissal of William Maskevich’s appeal as untimely. The court held that the Board lacked statutory authority to consider an appeal filed more than 30 days after the Notice of Fraud Decision was mailed. It also concluded that the notice clearly explained the appeal rights and deadline and therefore did not violate due process.

Holdings

1. The Board lacked statutory authority to consider Maskevich's appeal because the Illinois Unemployment Insurance Act requires an appeal within 30 days after the decision is mailed, and Maskevich filed after that mandatory deadline.
2. The notice satisfied due process because it clearly and unambiguously explained the right to appeal, the 30-day deadline, the date from which the deadline ran, and the methods for filing.
3. The appellate court could not consider evidence that was not included in the administrative record.

Questions Presented

1. Whether the Board of Review had statutory authority to consider Maskevich's appeal from the Notice of Fraud Decision when the appeal was filed more than 30 days after the notice was mailed.
2. Whether the notice of appeal rights violated due process because the appeal instructions appeared on the second page or reverse side of the notice.
3. Whether the appellate court could consider evidence that was not part of the administrative record.
4. Whether the court needed to reach the merits of Maskevich's challenge to the underlying unemployment-benefit determination.

Disposition

affirmed