Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.70 - Rules of Evidence

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