Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING › Subpart C - PROCEDURES › Section 3500.325 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Commissioners
				shall disqualify themselves from an investigation or a proceeding when the
				Commissioner's impartiality might reasonably be questioned, including but not
				limited to the following instances:
1) The
				Commissioner has a personal bias or prejudice concerning a party or the party's
				lawyer;
2) The Commissioner has
				personal knowledge of disputed evidentiary facts concerning the matter in
				controversy; "Personal knowledge" does not include facts learned pursuant to
				official duties as a Commissioner or agent of the Commission. A "disputed
				evidentiary fact" does not include facts generally known or capable of accurate
				and ready determination by resort to sources whose accuracy cannot reasonably
				be questioned;
3) The Commissioner
				served as a lawyer in the matter in controversy, or took actions in the matter
				in controversy that were covered by the attorney-client privilege and the
				privilege was held by the claimant or the State;
4) The Commissioner served as a law
				enforcement agent investigating the matter in controversy; the duty to recuse
				does not extend to investigation undertaken as part of official TIRC duties to
				investigate or adjudicate a TIRC claim;
5) The Commissioner advocated, as an attorney
				or otherwise, for or against the claimant or the State in the matter in
				controversy;
6) The Commissioner
				served as a lawyer for a co-defendant of the claimant in the matter in
				controversy;
7) The Commissioner
				could reasonably expect to be called as a material witness in the matter in
				controversy should an evidentiary hearing be held in any court of competent
				jurisdiction; the duty to recuse does not extend to knowledge gained as part of
				official TIRC duties to investigate or adjudicate a TIRC claim;
8) Within the three years before a proceeding
				is considered before the Commission, the Commissioner was in the private
				practice of law with a law firm that currently represents or previously
				represented the claimant in the proceedings before TIRC;
9) The Commissioner has an economic interest
				in the matter in controversy or the Commissioner knows that the Commissioner's
				spouse, parent, child, or member of the Commissioner's family residing with the
				Commissioner has an economic interest in the proceeding, or has anything other
				than a de minimis interest that could be substantially affected by the
				proceeding;
10) For purposes of
				this subsubsection (a)(10), "third degree of relationship" is defined as a
				great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child,
				grandchild, great-grandchild, nephew or niece. The Commissioner or the
				Commissioner's spouse, or any person within the third degree of relationship to
				either of them, is:
A) a party or former party
				to the proceeding;
B) acting or has
				acted as a lawyer in the proceeding;
C) is known to the Commissioner to have more
				than a de minimis interest in the proceeding that could be substantially
				affected by the proceeding; or
D)
				is, to the Commissioner's knowledge, likely to be a material witness in the
				proceeding.