Illinois Administrative Code › Title 50 - INSURANCE › Part 9500 - COMMISSION REVIEW BOARD PROCEDURES › Section 9500.30 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
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.