The IWCC put out an announcement regarding these two updated rules, and included in that announcement was a new form to submit complaints to the Commission Review Board: IWCC Commission Review Board Complaint Form
New/Update Rules Overview
Arbitration (PDF document page 285)
- 50 Ill Adm Code 7030
- Proposed 8/17/2012
- Effective 12/4/2012
Differences between Proposal and Final Version: In subsections (f)(1)(B) and (f)(2)(B), the Final Version specifies that the assignment of a petition to disqualify either an Arbitrator or Commissioner shall be made randomly by the Commission. The Final Version adds a new subsection (f)(3), which specifies that a petition for substitution may be made to the Commission if reasonable notice of the application has been given to the adverse party or his or her attorney.
Summary and Purpose of Rulemaking: The amendment addresses an audit finding set forth by Auditor General William Holland in the audit directed pursuant to House Resolution 131 of the 97th General Assembly. Specifically, the audit found that the current version of Section 7030.30 conflicts with the changes of Public Act 97-18. Public Act 97-18 provided that the Canons of Judicial Conduct as adopted by the Illinois Supreme Court apply to the hearing and non-hearing conduct of the Arbitrators and Commissioner. Thus, these changes to Section 7030.30 align the bases for disqualification and also the remittal of a disqualification by and Arbitrator or Commissioner with the provisions of Canon 3 of the Canons of Judicial Conduct.
In addition, the amendment creates a formalized process for the filing of a Petition for Substitution of an Arbitrator or Commissioner. There is one published Appellate Court opinion that calls on the Commission to promulgate such a rule, Preston v. Industrial Comm'n, 332 Ill. App. 3d 708 (3rd Dist. 2002). In that case, a Commissioner who was subject to a petition to disqualify sat on the panel that ruled on the petition. While the majority found no error in the hearing process, the Court recommended that the Commission promulgate a rule to address the procedural handling of petitions to disqualify Commissioners.
Commission Review Board Procedures (PDF document page 292)
- 50 Ill Adm Code 7500
- Proposed 8/17/2012
- Effective 12/4/2012
Differences between Proposal and Final Version: Throughout the rule, references to the "Commission" are replaced with "WCC" to improve the clarity of the rule. Other changes correct typographical errors throughout the rule.
Summary and Purpose of Rulemaking: The amendments address an audit finding set forth by Auditor General William Holland in the audit directed pursuant to House Resolution 131 of the 97th General Assembly. Specifically, the audit stated that the Commission Review Board has failed to comply with Section 7500.10 of the Commission's rules, which requires the Commission Review Board to call a meeting within 15 days after receipt of any complaint against an Arbitrator or Commissioner.
In its response to the audit, the Commission pointed to the logistical challenge of both posting and holding a meeting for every complaint received by the Commission, as many of the communications received by the Commission Review Board do not constitute complaints as defined in the rule. The amendments require the General Counsel of the Commission to evaluate all communications received and determine whether the communication is a complaint within the meaning of the rule. Any complaints will then be considered by the Board during its next regularly scheduled meeting. Other changes include the correction of outdated statutory references, typographical errors and clarification of confusing and redundant language.
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