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)