Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.30 - Disqualification of Commissioners and Arbitrators

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise provided in the
			 Workers' Compensation Act,
the Canons of Judicial Conduct as adopted by
			 the Supreme Court of Illinois govern the hearing and non-hearing conduct of
			 members of the Commission and Arbitrators. The Commission may set additional
			 rules and standards, not less stringent than those rules and standards
			 established by the Code of Judicial Conduct, for the conduct of
			 Arbitrators
. [
			 820 ILCS
			 305/1.1 ]
b) An Arbitrator or Commissioner shall
			 disqualify himself or herself in a proceeding, including the consideration of a
			 settlement contract, in which the Arbitrator's or Commissioner's impartiality
			 might reasonably be questioned, including but not limited to instances in
			 which:
1) he or she has a personal bias or
			 prejudice concerning a party or a party's lawyer, or personal knowledge of
			 disputed evidentiary facts concerning the proceedings;
2) he or she served as an attorney in the
			 matter in controversy, or an attorney with whom the Arbitrator or Commissioner
			 previously practiced law served during that association as an attorney
			 concerning the matter;
3) he or she
			 is a material witness concerning the matter;
4) he or she was, within the preceding three
			 years, associated in the private practice of law with any law firm or attorney
			 currently representing any party in the controversy (provided that referral of
			 cases when no monetary interest was retained shall not be deemed an association
			 for the purposes of this subsection (b)(4)) or, for a period of seven years
			 following the last date on which the Commissioner or Arbitrator represented any
			 party to the controversy while the Commissioner or Arbitrator was an attorney
			 engaged in the private practice of law;
5) he or she was, within the preceding three
			 years, employed by any party to the proceeding or any insurance carrier,
			 service or adjustment company, medical or rehabilitation provider, labor
			 organization, or investigative service involved in the matter;
6) he or she or his or her spouse, or a
			 person within the third degree of relationship (pursuant to the civil law
			 system) to either of them, or the spouse of that person:
A) is a party to the proceeding or an
			 officer, director or trustee of a party;
B) is acting as an attorney in the
			 proceeding;
C) is known by the
			 Arbitrator or Commissioner to have a more than de minimis interest that could
			 be substantially affected by the proceeding;
D) is to the Arbitrator's or Commissioner's
			 knowledge likely to be a material witness in the proceeding;
7) he or she negotiated for
			 employment with a party, a party's attorney or insurance carrier or service or
			 adjustment company, in a matter in which the Arbitrator or Commissioner is
			 presiding or participating in an adjudicative capacity;
8) the Arbitrator or Commissioner knows that
			 he or she, individually or as a fiduciary, or the Arbitrator's spouse, parent
			 or child wherever residing, or any other member of the Arbitrator's or
			 Commissioner's family residing in the Arbitrator's or Commissioner's household,
			 has an economic interest in the subject matter in controversy or in a party to
			 the proceeding, or has any other more that de minimis interest that could be
			 substantially affected by the proceeding.