Section 9030.10  Arbitration Assignments

 

a)         In cases arising in Cook County, cases shall be assigned at the time of the First Notice of Hearing to Arbitrators on a random basis.

 

b)         In cases arising outside Cook County, cases shall be assigned to an Arbitrator, on a random basis, at the time of the First Notice of Hearing, depending on the place of the accident.  Each Arbitrator outside Cook County shall be given a zone.

 

c)         All assignments on Arbitration are final, except as otherwise provided in Section 14 of the Workers' Compensation Act [820 ILCS 305] (Act), Section 9030.30 of this Part, and 50 Ill. Adm. Code 9070.40, or when consolidation with a previously filed case is required.

 

d)         In the event a Petitioner has an Application for Adjustment of Claim pending and files one or more Applications for Adjustment of Claim against the same Respondent, or against different Respondents alleging accidental injuries to the same part of the body, subsequent cases shall, on motion of any party, be assigned to the Arbitrator of the case filed first.  However, the Commission may make an exception based on a showing of good cause by the objecting party. 

 

e)         When more than one Petitioner files a claim against the same Respondent relating to the same accident, the cases may be consolidated, upon the motion of any party.  The Arbitrator assigned to the case filed first shall determine whether consolidation would promote consistency and efficiency of administration.  Motions to consolidate must be heard by the Arbitrator that is assigned to the earliest filed claim.

 

f)         If a case is dismissed or otherwise closed and the Petitioner files an Application for Adjustment of Claim relating to the same accident, the case will be assigned to the Arbitrator assigned to the first case filed involving that accident.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.20  Setting a Case for Trial

 

a)         A written request for a date certain for trial may be made by any party at the monthly status call on which the case appears. A request for a trial date in a case that does not appear on the monthly status call may only be made in accordance with 50 Ill. Adm. Code 9020.60(b)(2)(B).

 

b)         If the parties, by agreement, request a trial date, the Arbitrator shall assign a specific date and time for trial. A pre-trial conference may be held by the Arbitrator. Either party may request a pre-trial conference prior to the start of trial.

 

c)         The motions for trial dates shall be filed and heard pursuant to 50 Ill. Adm. Code 9020.70 and 9020.60. 

 

1)         The Arbitrator shall set the matter for trial on a date certain if:

 

A)        the Arbitrator determines that proper and timely 15 days notice was given of the motion for trial date to the opposing party;

 

B)        the opposing party was provided with a completed Request for Hearing;

 

C)        the case appears on the monthly status call on the date the motion is heard, or if the case is not on the status call, the Arbitrator has determined that the case falls within the exceptions in 50 Ill. Adm. Code 9020.60(b)(2)(B); and

 

D)        the Arbitrator determines that the matter should proceed to trial. 

 

2)         If any party fails, without good cause, to appear, the Arbitrator will hear the motion for trial date ex parte and, if the Arbitrator determines the matter is ready for trial, will set a trial date convenient to the Arbitrator and the party that appeared.  The party that appeared shall notify the opposing party of the trial date.

 

d)         On each trial day, each party or, if represented, the party's attorney of record must appear before the Arbitrator between 8:45 a.m. and 9:30 a.m.  During this time period, the Arbitrator may establish the order in which cases shall proceed that day. The Arbitrator may give priority to cases in which a Petition under Section 19(b) or 19(b-1) of the Act has been filed, death benefits under Section 7 of the Act or permanent total disability benefits under Section 8 of the Act are claimed, or other cases in which special circumstances exist that, in the opinion of the Arbitrator, warrant granting priority to the case in the trial order. Request for Hearing forms must be completed, signed and submitted to the Arbitrator prior to the beginning of the hearing in the case.

 

e)         Failure of the Petitioner to appear before 9:30 a.m. may bar the case from being heard that day or may result in dismissal of the claim.  Failure of the Respondent to appear may result in an ex parte hearing on the merits of the claim.

 

f)         On each trial day, the Arbitrator shall begin hearing cases at 9:30 a.m., after establishing the order in which cases will proceed.  Any party who requests a date certain for trial must be prepared, absent good cause shown, to proceed to trial. On the trial day, parties may report the case settled or request a continuance .  If the moving party does not respond when the case is called for trial by the Arbitrator, the case may be placed at the end of the trial order.

 

g)         Bifurcated hearings will be allowed only for good cause.  Examples of good cause include, but are not limited to, situations in which the number or location of witnesses makes it impossible to conclude the hearing in one day or the testimony of a witness must be taken prior to a deposition.  All cases, except those heard under Section 19(b-1) of the Act, should be concluded within 3 months after the first hearing date or the Arbitrator will close proofs, absent good cause shown, and render a decision.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.30  Disqualification of Commissioners and Arbitrators

 

a)         Except as otherwise provided in the Workers' Compensation Act, the Canons of Judicial Conduct as adopted by the Supreme Court of Illinois govern the hearing and non-hearing conduct of members of the Commission and Arbitrators.  The Commission may set additional rules and standards, not less stringent than those rules and standards established by the Code of Judicial Conduct, for the conduct of Arbitrators. [820 ILCS 305/1.1]

 

b)         An Arbitrator or Commissioner shall disqualify himself or herself in a proceeding, including the consideration of a settlement contract, in which the Arbitrator's or Commissioner's impartiality might reasonably be questioned, including but not limited to instances in which:

 

1)         he or she has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceedings;

 

2)         he or she served as an attorney in the matter in controversy, or an attorney with whom the Arbitrator or Commissioner previously practiced law served during that association as an attorney concerning the matter;

 

3)         he or she is a material witness concerning the matter;

 

4)         he or she was, within the preceding three years, associated in the private practice of law with any law firm or attorney currently representing any party in the controversy (provided that referral of cases when no monetary interest was retained shall not be deemed an association for the purposes of this subsection (b)(4)) or, for a period of seven years following the last date on which the Commissioner or Arbitrator  represented any party to the controversy while the Commissioner or Arbitrator was an attorney engaged in the private practice of law;

 

5)         he or she was, within the preceding three years, employed by any party to the proceeding or any insurance carrier, service or adjustment company, medical or rehabilitation provider, labor organization, or investigative service involved in the matter;

 

6)         he or she or his or her spouse, or a person within the third degree of relationship (pursuant to the civil law system) to either of them, or the spouse of that person:

 

A)        is a party to the proceeding or an officer, director or trustee of a party;

 

B)        is acting as an attorney in the proceeding;

 

C)        is known by the Arbitrator or Commissioner to have a more than de minimis interest that could be substantially affected by the proceeding;

 

D)        is to the Arbitrator's or Commissioner's knowledge likely to be a material witness in the proceeding;

 

7)         he or she negotiated for employment with a party, a party's attorney or insurance carrier or service or adjustment company, in a matter in which the Arbitrator or Commissioner is presiding or participating in an adjudicative capacity;

 

8)         the Arbitrator or Commissioner knows that he or she, individually or as a fiduciary, or the Arbitrator's spouse, parent or child wherever residing, or any other member of the Arbitrator's or Commissioner's family residing in the Arbitrator's or Commissioner's household, has an economic interest in the subject matter in controversy or in a party to the proceeding, or has any other more that de minimis interest that could be substantially affected by the proceeding.

 

c)         An Arbitrator or Commissioner shall keep informed about the Arbitrator's or Commissioner's personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal economic interests of the Arbitrator's or Commissioner's spouse and minor children residing in the Arbitrator's or Commissioner's household.

 

d)         Remittal of Disqualification

            An Arbitrator or Commissioner disqualified under subsection (b) may disclose on the record the basis of the disqualification and may ask the parties and their lawyers to consider, out of the presence of the Arbitrator or Commissioner, whether to waive disqualification. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and attorneys, without participation by the Arbitrator or Commissioner, all agree in writing that the Arbitrator or  Commissioner should not be disqualified, and the Arbitrator or Commissioner is then willing to participate, the Arbitrator or Commissioner may participate in the proceeding.  The agreement signed by all parties and all attorneys shall be made a part of the record of the proceeding.

 

e)         Reassignment

 

1)         Cases on Arbitration

 

A)        When an Arbitrator withdraws from a case and the venue of the case arises in Cook County, it shall be the duty of the Arbitrator to notify the Commission, whose function it shall be to reassign the case to a new Arbitrator chosen randomly from all the Arbitrators in Cook County.

 

B)        When an Arbitrator withdraws from a case and the venue of the case arises outside Cook County, it shall be the duty of the Arbitrator to notify the Commission, whose function it shall be to reassign the case to a new Arbitrator in the arbitration zone.

 

2)         Cases on Review

            When a Commissioner withdraws from a case, it shall be the duty of the Commissioner to notify the Commission, whose function it shall be to transfer the case to a Commissioner, representative of the same statutorily designated class, sitting on a panel other than that on which the withdrawing Commissioner sits.

 

f)         Petitions for Substitution

 

1)         Cases on Arbitration

 

A)        Every application for a substitution of Arbitrator shall be made by a petition setting forth the specific cause for substitution.  The petition shall be verified by the affidavit of the applicant.

 

B)        Upon filing of a petition for substitution of Arbitrator, a hearing to determine whether cause exists shall be conducted as soon as possible by an Arbitrator other than the Arbitrator named in the petition, randomly assigned by the Commission.  The Arbitrator named in the petition need not testify but may submit an affidavit if the Arbitrator wishes.  If the petition is granted, the case shall be reassigned as set forth in subsection (e)(1) of this Section.  If the petition is denied, the case shall be assigned back to the Arbitrator named in the petition. 

 

2)         Cases on Review

 

A)        Every application for a substitution of Commissioner shall be made by a petition setting forth the specific cause for substitution.  The petition shall be verified by the affidavit of the applicant.

 

B)        Upon filing of a petition for substitution of Commissioner, a hearing to determine whether cause exists shall be conducted as soon as possible by a Commissioner of the same designation as the Commissioner named in the petition, randomly assigned by the Commission. The Commissioner named in the petition, need not testify but may submit an affidavit if the Commissioner wishes.  If the petition is granted, the case shall be reassigned as set forth in subsection (e)(2).  If the petition is denied, the case shall be assigned back to the original panel including the Commissioner named in the petition. 

 

3)         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.

 

(Source:  Amended at 36 Ill. Reg. 17913, effective December 4, 2012)

 

Section 9030.40  Request for Hearing

 

Before a case proceeds to trial on Arbitration, the parties (or their counsel) shall complete and sign a form provided by the Workers' Compensation Commission called Request for Hearing.  However, in the event a party (or counsel) fails or refuses to complete and sign the document, the Arbitrator, in his or her discretion, may allow the case to be heard and may impose upon that party whatever sanctions permitted by law the circumstances may warrant.  The completed Request for Hearing form, signed by the parties (or counsel), shall be filed with the Arbitrator as the stipulation of the parties and a settlement of the questions in dispute in the case.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.50  Subpoena Practice

 

a)         Issuance

A blank form of subpoena for the attendance of witnesses or the production of documents will be furnished by the Secretary of the Commission upon request of the parties or their attorneys.

 

b)         Use

Unless otherwise agreed by the parties, witnesses or documents may only be subpoenaed to appear or be produced at the time and place set for hearing of the cause.

 

c)         Service

Service of the subpoena is required and payment of the statutory fee and travel expense (see Sections 16 and 20 of the Act and 705 ILCS 35/4.3) must accompany the service.

 

d)         Failure to Honor Subpoena

 

1)         Upon failure of any person, firm or organization to obey a subpoena of the Commission, a party seeking enforcement of the subpoena (or counsel) shall prepare an Application to the Circuit Court of the county in which the hearing or claim is pending requesting enforcement of the subpoena pursuant to Section 16 of the Act. The party seeking enforcement shall present, file and serve on the opposing party the Application, together with the original subpoena and proof of service to the Arbitrator or Commissioner designated to hear the claim. If no Arbitrator or Commissioner has been designated, the Application shall be presented to the Chairman of the Commission.

 

2)         A hearing under 50 Ill. Adm. Code 9020.70 shall be held at which the Commissioner or Arbitrator to whom the Application is presented shall determine if the subpoena requested relevant information and was properly issued and served, and if the Application is proper in form.  If the Commissioner or Arbitrator so finds, he or she shall sign the Application.  The party seeking enforcement of the subpoena (or counsel) may then file and prosecute the Application in the Circuit Court.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.60  Depositions

 

a)         Evidence depositions of any witness may be taken before a hearing, by stipulation of the parties.  If there is no agreement as to the deposition, the Arbitrator or Commissioner shall hold a hearing and may issue an order, called a dedimus potestatem, pursuant to Section 16 of the Act.  In ruling on an Application for Dedimus Potestatem, the Arbitrator or Commissioner shall give consideration to the judgment of the applicant.  Evidence depositions of any witness may be taken after the hearing begins only by stipulation of the parties or upon Order of the Arbitrator or Commissioner, for good cause shown. Except as provided in subsection (f), an Application for Dedimus Potestatem shall be in writing and shall contain the following:

 

1)         The reasons for the issuance of the dedimus potestatem, clearly and concisely stated.

 

2)         The date upon which the dedimus should be issued and the name and address of the party to whom the dedimus is to be directed.

 

3)         The names and addresses of the witnesses whose depositions are sought to be taken.

 

4)         A statement as to whether the depositions are to be taken by oral or written interrogatories.  The written application shall be made either upon a printed form prescribed and furnished by the Commission or in a similar document prepared by the party applying for the dedimus.

 

b)         The time for taking depositions pursuant to the issuance of the dedimus potestatem shall be on a date set not less than 10 days after the issuance of the dedimus potestatem.

 

c)         Notice and Objection

 

1)         Except as provided in subsection (f), no dedimus potestatem shall be issued unless a copy of the Application, together with all documents required by this Section to be attached to the Application, has been served on the opposing party and proof of service of the copy has been made as provided in 50 Ill. Adm. Code 9020.70.

 

2)         The opposing party may, within 5 days after the receipt of the copy of the Application, file written objections to the issuance of the dedimus potestatem.  The Arbitrator or Commissioner shall rule on the objections before the issuance of the dedimus potestatem.

 

d)         Except as provided in subsection (f), notice of the issuance of the dedimus potestatem shall be given in sufficient time so that the receipt of the copy of the dedimus potestatem shall not be less than 10 days before the date set for the taking of the deposition.  If the deposition is to be taken by written interrogatories, those interrogatories shall be filed in triplicate with the Application for Dedimus Potestatem and a copy of the interrogatories shall be attached to the copy of the dedimus potestatem mailed to each party. If cross-interrogatories are desired, they shall be filed with the Commission not more than 5 days after the receipt of the written interrogatories, and the party filing them shall mail a copy, within the same period of time, to the applicant for dedimus potestatem.

 

e)         No dedimus potestatem shall be issued to take the depositions of any medical witnesses:

 

1)         when the party applying for the dedimus potestatem has refused or failed to comply with the provisions of Section 12 of the Act; and

 

2)         unless the applying party served the other side with a signed report of the medical witness (other than a treating physician) giving his or her findings and conclusions.

 

f)         Exceptions

 

1)         However, when it is shown that, by complying with the time requirements prescribed in this Section, the party seeking the dedimus may be deprived of the evidence sought to be obtained by the deposition, the Arbitrator or Commissioner to whom a case has been assigned for hearing may, in his or her discretion:

 

A)        on notice and hearing before trial, waive or reduce the requirements; or

 

B)        permit a party to present an oral Application for a dedimus potestatem immediately before or during trial and, after due consideration of the Application and any objections to the Application that may be orally raised by the opposite party, rule upon the Application.

 

2)         When a dedimus potestatem is issued upon oral application, the hearing officer shall allow the parties reasonable time to complete the deposition and submit the transcript of the deposition before closing proofs in the case.

 

g)         When any party takes an evidence deposition, that deposition shall be filed and become part of the record as an exhibit of the party who applied for the dedimus to take the deposition, unless the parties agree otherwise.

 

h)         All objections to questions propounded or answers adduced in the evidence deposition shall be fully explained on the record of the deposition. It shall be the duty of the hearing officer to note his or her ruling on each objection in the margin of the transcript of the deposition or at a hearing on the record.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.70  Rules of Evidence

 

a)         The Illinois Rules of Evidence shall apply in all proceedings before the Commission, either upon Arbitration or Review, except to the extent they conflict with the Act, the Workers' Occupational Diseases Act [820 ILCS 310], or the Rules Governing Practice Before the Workers' Compensation Commission (50 Ill. Adm. Code Chapter VI).

 

b)         Exhibits offered in evidence, whether admitted or rejected, shall be retained by the assigned Arbitrator or Commissioner until a decision is issued in the matter.  Exhibits may not be removed by the parties.  Once a final decision is rendered, except as otherwise provided in this Part, exhibits shall be retained by the Commission pursuant to the requirements of Section 17 of the Act.

 

c)         Pursuant to 50 Ill. Adm. Code 9015.10 and 9015.20 and the Uniform Electronic Transactions Act [815 ILCS 333], any documents or records retained by the Commission may be retained in electronic format.

 

d)         Parties may only submit audio or video recordings as evidence in a free and widely-available format (e.g., MP4, WMV, AVI, MPEG, WAV, FLAC, or MPEG-3/MP3).  Recordings will be accepted on digital video disc (DVD), compact disc (CD), or portable flash drive.  When offering an audio or video recording into evidence using a DVD, CD, or flash drive, parties will label the physical medium and include a photograph or photocopy of the physical medium containing the audio or video recording file.

 

e)         Audio and video recordings submitted to the Commission must be accessible and playable by Commission staff.  If an audio or video recording submitted as evidence cannot be accessed by the Commission, the parties will be notified and the physical medium will be returned to the submitting party.  The party that originally offered the audio or video recording into evidence shall have 14 days from the date of notification to resubmit another copy of the original recording along with a photograph or photocopy of the new physical medium.  The Commission may, for good cause, and before the expiration of the 14-day period, grant the party additional time.

 

f)         If an audio or video recording submitted on a physical medium such as a DVD, CD, or flash drive has been offered into evidence, the Commission will create and retain an electronic copy of such audio or video recordings.  That copy will become the official copy of the exhibit for purposes of the record.  Once a decision is rendered, the physical medium will be returned to the offering party.  The party shall preserve and maintain the physical medium in the same format as when it was offered into evidence.  In the event of an appeal or review, the party will make the physical medium available to the Commission, circuit court, or court of appeals, as the proceedings may require.  In such a case, the decision shall include the following language:

 

“[Petitioner/Respondent] offered into evidence [the exhibit] on [the format], marked as [petitioner/respondent exhibit #].  [The moving party] shall preserve and maintain [exhibit #] in the same format as when it was admitted into evidence and make [exhibit #] available for review by the Commission, circuit court, or court of appeals in all future proceedings.”

 

g)         In a dispute surrounding the authenticity or preservation of the physical medium, the parties may request certification by the Commission that the files contained on the physical medium are a true and correct copy of the official audio or video recording in the Commission’s records.

 

(Source:  Amended at 47 Ill. Reg. 6159, effective April 13, 2023)

 

Section 9030.80  Briefs, Arbitrators' Decisions

 

a)         At the close of proofs, the Arbitrator may require that each party tender a proposed decision or a brief within 14 days. The proposed decision or brief must set forth all issues in dispute and the party's position on each issue. The proposed decision or brief must be served on the Arbitrator and all other parties and shall contain proof of service.  The proposed decision shall be written in the same manner and form as that which is required under subsection (b).  The proposed decision shall not be considered an admission of a party and shall not be made part of the record.

 

b)         After the closing of proofs, the Arbitrator shall issue a written decision that shall include:

 

1)         the Commission number of the case, the names of the parties, and the name of the county in which the case was heard;

 

2)         the issues agreed to and in dispute;

 

3)         the Arbitrator's findings of fact and conclusions of law, separately stated, upon each contested issue, if requested by either party;

 

4)         applicable orders resulting from the findings of fact and conclusions of law;

 

5)         a statement of the requirements for perfecting a review pursuant to 50 Ill. Adm. Code 9040.10;

 

6)         when applicable, a statement of the rate of interest due under Section 19(n) of the Act.

 

(Source:  Amended at 40 Ill. Reg. 15732, effective November 9, 2016)

 

Section 9030.90  Opening and/or Closing Statements

 

A brief opening and/or closing statement may be made of record at the arbitration hearing.

 

Section 9030.100  Voluntary Arbitration under Section 19(p) of the Workers' Compensation Act and Section 19(m) of the Workers' Occupational Diseases Act

 

a)         Selection of Arbitrators to Hear Cases under Voluntary Arbitration

 

1)         The Workers' Compensation Advisory Board shall compile a list of not fewer than 7 certified Arbitrators, each of whom shall be approved by a majority of the members of the Advisory Board, to conduct hearings.  The Advisory Board shall submit the list to the Chairman of the Commission (the Chairman).

 

2)         Within 30 days after submission of the list by the Advisory Board, the Chairman shall select 5 Arbitrators from the list to conduct hearings.  The Chairman shall publish the selections within 15 days.

 

3)         If a vacancy occurs among the Arbitrators selected by the Chairman to conduct hearings, the Chairman shall select an Arbitrator from the list chosen by the Advisory Board to fill that vacancy.  Whenever the list contains fewer than 7 names of currently certified Arbitrators, the Chairman shall request that the Advisory Board provide a list of additional certified Arbitrators from which to make selections.

 

b)         Request for Voluntary Arbitration

 

1)         After filing an Application for Adjustment of Claim but before the hearing on Arbitration, the parties may voluntarily agree to submit the application for decision by an Arbitrator from a list of 5 Arbitrators selected by the Chairman to hear cases under this Section.  If the parties cannot agree on an Arbitrator from the list of 5 Arbitrators, they may, by agreement, select an Arbitrator from the American Arbitration Association.

 

2)         Only Applications for Adjustment of Claim that involve a dispute over temporary total disability, permanent partial disability or medical expenses may be submitted for decision by an Arbitrator under this Section.

 

3)         The agreement of the parties to submit the case to voluntary Arbitration shall be in writing and shall be filed with the Commission. The written agreement shall be on a form provided by the Commission.  The form shall contain the following:  

 

A)        a statement indicating the voluntary nature of the proceedings, the waiver of certain rights by the parties, and the statement in subsection (c)(2) to be read by the Arbitrator at the beginning of the hearing.

 

B)        a certification by the Arbitrator and any party not represented by an attorney that the statement in subsection (c)(2) was made on the record by the Arbitrator at the beginning of the hearing and the party elected to proceed without counsel.

 

4)         When an agreement to submit a case for decision by an Arbitrator under this Section has been filed with the Commission, the application shall be assigned to the call of the Arbitrator chosen by the parties to conduct the hearing.  In cases in which the parties agree to select an Arbitrator of the American Arbitration Association, the Commission shall notify the parties of the time and place of the hearing.

 

c)         Conduct of Hearings

 

1)         The Arbitrator conducting the hearing shall advise the parties on the record at the beginning of the hearing of their rights under Section 19(p) of the Act or 19(m) of the Workers' Occupational Diseases Act and of the voluntary nature of the proceedings.

 

2)         In all cases in which any party is not represented by an attorney, the following statement shall be made on the record by the Arbitrator at the beginning of the hearing:  

 

Voluntary Arbitration under Section 19(p) or 19(m) requires an understanding of the Workers' Compensation Act or Workers' Occupational Diseases Act as well as the laws of evidence and trial procedure.  You are entitled to be represented by an attorney if you so desire.  The Arbitrator's decision under this procedure is conclusive on all findings of fact and your rights of appeal to the Courts are strictly limited to questions of law.

 

3)         The Rules Governing Practice Before the Workers' Compensation Commission (50 Ill. Adm. Code: Chapter VI) shall apply to hearings in cases submitted for decision by an Arbitrator under Section 19(p) of the Act or 19(m) of the Workers' Occupational Diseases Act, except when inconsistent with this Section or Section 19(p) of the Act or Section 19(m) of the Workers' Occupational Diseases Act.

 

d)         The Commission shall pay reasonable costs for services of an Arbitrator of the American Arbitration Association.

 

(Source:  Amended at 47 Ill. Reg. 6159, effective April 13, 2023)