AUTHORITY: Implementing Section 5-15 and 10-20 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-15 and 1005-20) [5 ILCS 100/5-15 and 100/10-20] and authorized by Section 16 of the Workers' Compensation Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.16) [820 ILCS 305/16].

SOURCE: Adopted at 19 Ill. Reg. 9127, effective June 20, 1995.

SUBPART A: QUALIFICATIONS OF ARBITRATORS

 

Section 2027.10  Qualifications of Arbitrators

 

Each arbitrator appointed by the Industrial Commission shall meet the qualifications and requirements set forth in Section 14 of the Workers' Compensation Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.14) (820 ILCS 305/14).

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

SUBPART B: CODE OF CONDUCT FOR ARBITRATORS AND COMMISSIONERS

 

Section 2027.110  Preamble

 

A fair and just dispute resolution process is indispensable to our society. Arbitrators and commissioners have a responsibility to the parties and the process and must observe high standards of conduct so that the integrity and fairness of the arbitration and review process of the Industrial Commission may be preserved.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

 

Section 2027.120  Standards of Conduct

 

a)         Each arbitrator and commissioner shall comply with the following standards of conduct:

 

1)         Administrative Responsibilities

Arbitrators and commissioners should diligently discharge their administrative responsibilities, maintain professional competence in judicial administration, facilitate the performance of administrative responsibilities of others under their direction and control and should require their staff and others subject to their immediate direction and control to observe the same standards of responsibility and diligence that apply to them.

 

2)         Adjudicative Responsibilities

 

A)        Each arbitrator and commissioner should respect and comply with the law, conducting themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the Industrial Commission.

 

B)        Each arbitrator and commissioner should maintain proper order and decorum in proceedings before the Commission, treating all parties with impartiality, equity and fairness at all stages of the proceedings.

 

C)        Each arbitrator and commissioner should be considerate, patient, dignified and courteous to the parties, attorneys, witnesses and all others with whom he or she deals in an official capacity and should require similar conduct by all participants to the proceedings.

 

D)        Each arbitrator and commissioner should accord to all legally interested parties in a proceeding or their attorneys full right to be heard in accordance with the law.

 

E)        Each arbitrator and commissioner shall not permit or engage in any "ex parte" communications concerning a pending or impending proceeding.

 

F)         Each arbitrator and commissioner should diligently perform their duties and conclude cases promptly as circumstances reasonably permit.

 

G)        Each arbitrator and commissioner should abstain from public comment about pending or impending proceedings under the Workers' Compensation Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.1 et seq.)[820 ILCS 305/1 et seq.] and the Workers' Occupational Diseases Act (Ill. Rev. Stat. 1991, ch. 48, par. 172.36 et seq.) [820 ILCS 310/1 et seq.] at the Industrial Commission or in any court.

 

H)        Each arbitrator and commissioner is in a relationship of trust to the parties who appear before him or her.  An arbitrator or commissioner should not, prior to rendering of a decision, order or ruling, disclose confidential information acquired during the proceedings before them unless otherwise agreed by the parties.  Each arbitrator and commissioner should keep confidential all matters pertaining to proceedings and decision-making prior to the issuance of the decision, order or ruling, and to require their staff and others under their direct supervision to observe the same standards of confidentiality.

 

I)         An arbitrator or commissioner shall not negotiate for employment with any person who is involved as a party or insurer or as an attorney for a party or an insurer in a matter(s) in which the arbitrator or commissioner is presiding or participating in an adjudicative capacity.  If any such person initiates any discussion of employment with any arbitrator or commissioner, said arbitrator or commissioner shall immediately so notify all parties to the matter(s) and the Chairman.

 

b)         Other Responsibilities

 

1)         Each arbitrator and commissioner shall comply with all applicable laws, and executive orders governing financial disclosure.

 

2)         Each arbitrator and commissioner shall comply with all applicable travel rules and regulations, including those set forth by the Governor's Travel Control Board and any administrative policies of the Industrial Commission.

 

3)         Each arbitrator and commissioner shall comply with all applicable laws governing political activity, including Executive Order 4 (issued in 1977). Arbitrators shall comply with the State Employees Political Activity Act (Ill. Rev. Stat. 1991, ch. 24½, par. 38r.9) [5 ILCS 320/0.01, et seq.]  Under the State Employees Political Activity Act, arbitrators are prohibited from engaging in the following activities during working hours:

 

A)        participating in the organization of any political meeting;

 

B)        soliciting money from any person for any political purpose;

 

C)        selling or distributing tickets for political meetings;

 

D)        assisting at the polls in behalf of any party or party-designated candidate on any election day;

 

E)        using or threatening to use the influence or authority of his position to coerce or to persuade any person to follow any course of political action;

 

F)         initiating or circulating any petition on behalf of a candidate or in support of a political issue;

 

G)        making contributions of money on behalf of a candidate for office or of any public or political issue;

 

H)        distributing campaign literature or material on behalf of any candidate.

 

While commissioners are not subject to the State Employees Political Activity Act, they should use the prohibitions of that Act as standards by which to measure their conduct.

 

4)         An arbitrator or commissioner who is a candidate for public office should not solicit campaign funds, nor allow any representative to solicit in his or her behalf on Industrial Commission premises.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

 

Section 2027.130  Civic and Charitable Activities

 

a)         An arbitrator or commissioner may participate in civic and charitable activities that do not reflect adversely upon their impartiality or interfere with the performance of their duties.

 

b)         Arbitrators and commissioners shall be guided by the Code of Judicial Conduct (Ill. Rev. Stat. 1991, ch. 110A, pars. 61-68) or may seek guidance from the State of Illinois Board of Ethics in specific situations.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

 

Section 2027.140  Gifts and Gratuities

 

a)         Neither an arbitrator nor a commissioner nor a member of the arbitrator's or commissioner's family residing in his or her household shall request, demand, receive, accept, or agree to receive or accept any payment, loan, or delivery of any money or anything of value from any party to a proceeding, a representative or any party to a proceeding, or any other person, firm or corporation having any interest in or connection with a pending proceeding.

 

b)         For the purpose of this section, "member of the arbitrator's or commissioner's family residing in his or her household" means any relative of an arbitrator or commissioner by blood or marriage, or a person treated by an arbitrator or commissioner as a member of the family, who resides in the arbitrator's or commissioner's household.

 

c)         Arbitrators and commissioners shall be guided by the Code of Judicial Conduct (Ill. Rev. Stat. 1991, ch. 110A, pars. 61-68) or may seek guidance from the State of Illinois Board of Ethics in specific situations.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

 

Section 2027.150  Reporting Misconduct

 

a)         An arbitrator or commissioner who has knowledge that another arbitrator or commissioner has committed a violation of the standards of conduct set forth in Subpart B shall report such knowledge to the Chairman.

 

b)         An arbitrator or commissioner who has knowledge of a violation of the Illinois Rules of Professional Conduct (Ill. Rev. Stat. 1991, ch. 110A, pars. 1-101-9-102) on the part of an attorney shall report such knowledge to the Chairman and the Attorney Registration and Disciplinary Commission.

 

c)         An arbitrator or commissioner who has knowledge of misconduct or a violation of the law on the part of a non-attorney appearing at the Industrial Commission, including but not limited to, a party to a proceeding, a paralegal or a clerk, shall report such knowledge to the Chairman.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)

 

Section 2027.160  Violation

 

Violation by arbitrators of any of the provisions of this subpart may result in discipline up to and including discharge.

 

(Source:  Adopted at 19 Ill. Reg. 9127, effective June 20, 1995)