Section 9500.10  Function

 

a)         Authority of the Commission Review Board (Board) shall consist of the following:

 

1)         to receive complaints concerning conduct that occurred after June 30, 1984 by a Workers' Compensation Commission (WCC) Commissioner or WCCArbitrator (respondent) when:

 

A)        allegations of misconduct committed as part of the respondent's duties have been made that would factually support an indictment under the criminal law of Illinois;

 

B)        allegations that the respondent's conduct demonstrates favoritism toward one party in the conduct of the proceeding;

 

C)        allegations that the respondent did not follow the procedures and rules of WCC Commission or the provisions of the Workers' Compensation Act [820 ILCS 305] (Act); or

 

D)        allegations that a respondent had a conflict of interest and did not recuse himself or herself from that matter.

 

2)         to conduct investigations of complaints;

 

3)         to conduct hearings on complaints to determine if there is sufficient evidence:

 

A)        to advise the respondent of necessary corrective action, which shall consist of an oral or written reprimand sent to the respondent by the Board stating that the respondent should not repeat the conduct stated in the complaint; or

 

B)        in matters of serious concern to the State, to recommend to the Governor the non-reappointment of a Commissioner or an Arbitrator.  A matter of serious concern may include, but not limited to, misconduct in a proceeding by a Commissioner or Arbitrator that would support an indictment under Illinois criminal law, a pattern of complaints requiring corrective action consisting of three oral or written reprimands for favoritism toward a party, or failure to follow rules or procedures of WCC.

 

b)         Complaints against Board Members

            No member of the Board may participate in any proceedings before the Board involving a complaint as to his or her own conduct, except to defend against the complaint.

 

c)         Meetings

Regular meetings of the Board will be scheduled to be held at least once per calendar year quarter.  Additional meetings will be held pursuant to the call of the Chairman or at the request of three or more members.  The meetings of the Board shall conducted in accordance with the provisions of the Open Meetings Act [5 ILCS 120].

 

(Source:  Amended at 36 Ill. Reg. 17920, effective December 4, 2012)

 

Section 9500.20  Chairman of the Commission Review Board

 

The Chairman of WCC shall serve as Chairman of the Commission Review Board; receive, compile, audit and retain complaints filed against Commissioners and Arbitrators; and will perform such duties as a may be designated by a majority of the members from time to time.

 

(Source:  Amended at 36 Ill. Reg. 17920, effective December 4, 2012)

 

Section 9500.30  Complaints

 

a)         All complaints received by WCC against a Commissioner or Arbitrator shall be in writing, shall identify the respondent and the complainant, and shall be sufficiently clear to apprise the respondent of the misconduct charged.

 

b)         The Executive Director of WCC shall acknowledge in writing receipt of each written communication to the Board.  The Executive Director shall forward all communications received to the WCC General Counsel.  The General Counsel shall determine whether the communication constitutes a complaint setting forth sufficient evidence that a respondent engaged in any misconduct set forth in Section 9500.10(a)(1).  If a communication does not constitute a complaint, the Executive Director shall send the complainant a letter explaining that the communication does not meet the requirements of this Part.  The Executive Director shall supply a copy of all correspondence to the to the Board members at regularly scheduled meetings.  The Executive Director shall provide a monthly report of all communications to the Chairman.  If a communication constitutes a complaint, it shall be forwarded to the Board for consideration at its next regularly scheduled meeting.

 

c)         The Executive Director shall inform the complainant that, if a hearing is held by the Board on the complaint, it is the duty of the complainant to testify and, if the complainant does not testify, the complaint shall be considered null and void and will be dismissed by the Board (Section 14.1 of the Act).  The Board will preserve the identity of any complainant who has not revealed his or her own identity to the respondent either directly or through publication.

 

d)         If the Board determines that the complaint does not allege misconduct as stated in Section 9500.10(a)(1), the Chairman may, with the concurrence of a majority of the Board members, dismiss the complaint, in which case the Executive Director shall notify the complainant of the dismissal.  If the matter is not dismissed, the Chairman will notify the respondent, within 15 business days after the Board meeting at which the complaint was considered, that a complaint has been filed against him or her, with written notice served by personal delivery or by certified mail with return receipt requested.  The notice shall include a copy of the complaint filed, with the deletion of the identity of the complainant.

 

e)         If the respondent elects to respond in writing to the complaint, his or her response must be filed with the Chairman within 30 days from receipt of the notice from the Chairman, unless, prior to the time for filing of the response, a written request for extension of the time to respond has been filed with and granted by the Chairman, for good cause shown.  Only one 30 day extension may be granted by the Chairman.  The Respondent shall respond, in specific detail, to the charges of the complaint.

 

f)         The proceedings of the Board and all information and written or oral material pertaining to the proceedings, and all information or materials relating to any investigation and hearing held on specific complaints filed pursuant to Section 14.1 of the Act, shall not be available to the public pursuant to Sections 7(b-5) and (m) of the Freedom of Information Act [5 ILCS 140/7].

 

g)         After examination of the complaint and response by the respondent, the Board may, by written or oral vote of the majority of its members, determine whether to dismiss the complaint or order its investigation.  The Board's standard for determining whether to dismiss a complaint is if there is any credible evidence to support the complainant's allegations.  An investigation may be conducted by Board members or by other persons designated by the Board from time to time to conduct these investigations.

 

h)         After consideration of the complaint and any response and investigation, the Board may, by written or oral vote of a majority of its members, determine whether to dismiss the complaint or hold a hearing on the complaint.  The Board's standard for determining whether to dismiss a complaint or hold a hearing is whether evidence exists to sustain the complainant's allegation that has not been rebutted by the respondent. When the Board has voted to dismiss a complaint without a hearing, it shall so notify the complainant and the respondent in writing.

 

(Source:  Amended at 36 Ill. Reg. 17920, effective December 4, 2012)

 

Section 9500.40  Hearings on Complaints

 

a)         Time and Notice of the Hearing

 

1)         If the Board determines that a hearing on a complaint shall be held, it shall set a hearing date that is within 60 days from the date of that determination, or as soon as possible thereafter.

 

2)         Written notice of the date, time and place of the hearing shall be served on the complainant and on the respondent, or on their designated counsel, if any, by personal service or by certified mail with return receipt requested, not less than 15 days prior to the date set for hearing.

 

3)         Hearings before the Board shall be continued only upon written motion supported by good cause.  Good cause includes, but shall not be limited to, illness of family, death in a party's family, or the need for additional time to gather evidence.

 

b)         Conduct of Hearings

 

1)         All available members of the Board will sit en banc at all hearings on complaints, subject to non-participation of a member when the proceedings involve his or her own conduct or the Board member is involved in the events related in the complaint such that he or she could be called as a witness in the complaint.

 

2)         Hearings on a complaint shall proceed from day to day until the taking of any evidence and the hearing of any arguments has been completed.

 

3)         The Board shall have present at each hearing a qualified court reporter for the purpose of making a permanent and complete record of proceedings.  The original transcript of the proceedings shall be filed with the Board and will be available for inspection at the WCC offices by or on behalf of members of any party to the proceedings.  Upon request and at his or her own expense, any party to the proceedings may obtain a copy of the report from the court reporter at the fair market rate of compensation.

 

4)         The Illinois Rules of Evidence and statutory rules of evidence will not be applicable for purpose of excluding offered evidence, but they will be considered by the Board in weighing the evidence received.

 

5)         If any complainant fails to testify at a proceeding scheduled before the Board regarding his or her previously filed complaint, the complaint shall be dismissed.

 

6)         The respondent, personally or through designated counsel, if any, may waive in writing his or her right to appear before the Board to respond to charges.

 

7)         The respondent or the complainant may retain counsel to represent him or her at the hearing.  The Board may grant, on motion, permission to a witness to have counsel present; the counsel may not question or cross-examine witnesses, or otherwise participate in the hearing, except by permission of the Board.

 

8)         The respondent may be questioned by the Board concerning the allegations of the complaint and will be given the opportunity to make such statements, offer such evidence, or give such information, including the names of any witnesses he or she may wish to have heard by the Board, relevant to the complaint as he or she may desire, subject to the Board's authority to place reasonable restrictions on duration of any statement or direct or cross-examination and the volume and nature of any non-testimony evidence.

 

c)         The Board will provide a public notice of all meetings pursuant to Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02].

 

(Source:  Amended at 36 Ill. Reg. 17920, effective December 4, 2012)

 

Section 9500.50  Decisions of the Board

 

a)         Subsequent to the hearing on any complaint, the Board will confer to determine the disposition of the matter.  The Board will find an Arbitrator or Commissioner unfit to serve when an allegation that is a matter of serious concern to the State is sustained by the preponderance of the evidence.  In conformance with Section 14.1 of the Act, in matters of serious concern to the State as defined by Section 9500.10(a)(3)(B), the Board may recommend that the Governor:

 

1)         not reappoint an Arbitrator who is found unfit to serve; or

 

2)         not reappoint a Commissioner who it finds unfit to serve.

 

b)         All decisions of the Board shall be preserved in the permanent records of the Board.  The Board will issue copies of its decisions by certified mail with return receipt requested to the Board members and to the complainants and respondent or their counsel.

 

(Source:  Amended at 36 Ill. Reg. 17920, effective December 4, 2012)