Illinois Administrative Code

Section 9120.10 Prohibition of Payment or Thing of Value to Commission Personnel It shall be a violation of the rules of the Workers' Compensation Commission for any party to a proceeding, a representative of any party to a proceeding, or any other person, firm or corporation hav…

Section 9120.20 Prohibition of Request by Commission Personnel for Payment or Thing of Value It shall be a violation of the rules of the Workers' Compensation Commission for any member or employee of the Commission to request, demand, receive, accept, or agree to receive or accep…

Section 9120.30 Discipline for Violation Any person, firm or corporation found to have violated the provisions of Section 9120.10 above shall be subject to suspension or revocation of their right to appear before the Workers' Compensation Commission or participate in any way in c…

Section 9120.40 Statutory Fees Not Applicable The provisions of this Part shall not be applicable in respect to any money payable to an employee of the Workers' Compensation Commission as a fee as prescribed by statute or by formal order of the Workers' Compensation Commission.

Section 9130.10 Causal Connection a) The Workers' Compensation Commission shall use the following rebuttable presumptions to determine whether exposure between July 1, 1975 and September 15, 1980, to industrial noise caused a hearing loss: 1) Exposure to noise with the intensity …

Section 9130.20 Nature and Extent of Disability a) The Workers' Compensation Commission shall use the following rebuttable presumptions to determine percentage loss of hearing in cases where the hearing loss was caused by exposure between July 1, 1975, and September 15, 1980: b) …

Section 9130.30 Prior Hearing Loss An employer shall be liable for the entire occupational deafness to which his employment contributed unless the employer can establish the extent of Petitioner's hearing loss prior to July 1, 1975. If the employer can establish prior hearing los…

Section 9140.10 Chain of Custody Form All blood and urine specimens collected for testing shall be accompanied by a Chain of Custody Form, to be completed by the collector of a blood or urine specimen, the laboratory testing the blood or urine specimen or split specimen, and the …

Section 9140.20 Collection of Blood The following procedures shall be used to obtain a blood sample from an employee to determine alcohol concentration and the presence of drugs or intoxicating compounds: a) Collector of a Blood Specimen. All blood specimens shall be collected by…

Section 9140.30 Collection of Urine The following procedures shall be used to obtain a urine sample from a subject to determine alcohol concentration and the presence of drugs or intoxicating compounds: a) Urine Collector 1) Urine specimens shall be collected by any of the follow…

Section 9140.40 Review of Test Results of Blood and Urine Specimens a) Verification of Test Results by the MRO. Prior to the transmission of test results to the DER, all results shall be reviewed and verified by an MRO. b) Qualifications of the MRO. The MRO must meet the qualific…

Section 9140.5 Definitions "Adulterated result" means a result that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. "Air Blank" me…

Section 9140.50 Split Testing of Urine and Blood Specimens a) Request to Test a Split Specimen 1) When the MRO notifies the employee that the employee has a positive, substituted or adulterated result, the employee may request a test of the split specimen within 72 hours from the…

Section 9140.60 Collection and Testing of Breath and Saliva for Alcohol Testing a) Collectors for Alcohol Testing. A Screening Test Technician shall conduct only alcohol screening tests. Breath Alcohol Technicians may conduct alcohol screening and confirmation tests. The immediat…

Section 9140.70 Preservation of Specimens and Records a) Laboratories testing a primary specimen of blood or urine that was reported with a verified positive, adulterated or substituted result must retain the primary specimen for a minimum of three years. The specimen shall be ke…

Section 9140.80 Materials Incorporated by Reference Copies of the incorporated material are available from the Illinois Workers' Compensation Commission, 100 West Randolph, Suite 8-200, Chicago, Illinois 60601 or on the Commission's Internet website, http://www.iwcc.il.gov/.

Section 9500.10 Function a) Authority of the Commission Review Board (Board) shall consist of the following: 1) to receive complaints concerning conduct that occurred after June 30, 1984 by a Workers' Compensation Commission (WCC) Commissioner or WCCArbitrator (respondent) when: …

Section 9500.20 Chairman of the Commission Review Board The Chairman of WCC shall serve as Chairman of the Commission Review Board; receive, compile, audit and retain complaints filed against Commissioners and Arbitrators; and will perform such duties as a may be designated by a …

Section 9500.30 Complaints 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…

Section 9500.40 Hearings on Complaints a) Time and Notice of the Hearing 1) If the Board determines that a hearing on a complaint shall be held, it shall set a hearing date that is within 60 days from the date of that determination, or as soon as possible thereafter. 2) Written n…

Section 9500.50 Decisions of the Board a) Subsequent to the hearing on any complaint, the Board will confer to determine the disposition of the matter. The Board will find an Arbitrator or Commissioner unfit to serve when an allegation that is a matter of serious concern to the S…

Section 100.10 Source of Authority a) The State Mandates Board of Appeals ("Board") is authorized and empowered by the State Mandates Act (Ill. Rev. Stat. 1983, ch. 85, pars. 2201 et seq.) as amended ("the Act"). b) These rules are promulgated pursuant to Section 9 of the Act, in…

Section 100.100 Conduct of Hearings a) Upon a request for hearing, the Board shall designate a time and a place for a hearing. The Board shall give notice of the hearing to all parties not less than 20 days prior to the date of hearing, unless that time is waived by the parties. …

Section 100.110 Burden of Proof The Board is an administrative fact-finding agency. All hearings before it are de novo. The Board's determination will be based on a preponderance of the evidence in the record and matters officially noticed. No party or representative shall make a…

Section 100.120 Order of Proceedings The following shall be the customary order of proceedings at hearings conducted by the Board: a) Statement of issues by the Chairman; b) Opening statement by the Petitioner; c) Opening statement by the Respondent; d) Opening statement by other…

Section 100.130 Post Hearing Briefing Schedule Within 30 days from the adjournment of the hearing and with leave of the Board, each party may submit proposed Findings of Fact and Conclusions of Law. With leave of the Board, those Findings of Fact and Conclusions of Law may be sup…

Section 100.140 Continuances The Board may, for good cause, grant a continuance at the request of a party or may from time to time order a continuance on its own motion.

Section 100.150 Evidence a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the Circuit Courts of this State shall be followed. However, evidence not admissable under such rules of evidence …

Section 100.160 Transcript a) A transcript shall be produced by the court reporter designated by the Board for all hearings conducted pursuant to these rules. Copies of the transcript shall be filed in the Board's principal office and made available for public inspection upon rea…

Section 100.170 Findings of Fact and Order of the Board Within 60 days from the expiration of the period provided for submitting proposed findings of fact, conclusions of law and supporting brief and arguments, the Board shall prepare and serve findings of fact, conclusions of la…

Section 100.180 Judicial Review a) Final administrative decisions of the Board are subject to review under the provisions of the Administrative Review Law (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et. seq.) as amended. The record shall consist of : 1) The appeal petition and sup…

Section 100.190 Service of Papers a) Persons filing papers with the Board shall simultaneously serve copies on all parties to the proceeding in any manner authorized by the Civil Practice Law. (Ill. Rev. Stat. 1981, ch. 110, pars. 2-101 et. seq.) b) Papers required to be official…

Section 100.20 Applicability The rules shall apply to all appeals to the Board by local governments, pursuant to the Act.

Section 100.200 Time Computation The time within which any act under these rules is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this S…

Section 100.30 Definitions a) "Petitioner" shall mean the local government initiating an appeal to the Board of a determination of a State agency. b) "State agency" means the Department of Commerce and Community Affairs; the State Superintendent of Education; or the Illinois Comm…

Section 100.40 Parties to an Appeal The parties to an appeal shall be: a) The local government initiating appeal (Petitioner); b) The State agency whose determination is being appealed (Respondent); c) Any other person permitted by the Board to intervene (Intervenor).

Section 100.50 Initiation of Appeal a) Any local government may appeal to the Board determinations made by a State agency, acting pursuant to Section 8 (c) of the Act. b) Appeals: 1) Must be submitted to the Board within 60 days following the date of receipt of the determination …

Section 100.60 Response of the State Agency a) Upon receipt of a timely appeal, the Board will forward the appeal petition and the response form to the State agency involved. b) Within 60 days from service, the Respondent shall complete and return the response form. c) The respon…

Section 100.70 Intervenors a) Upon written request and for good cause shown, the Board may permit others to intervene as parties to an appeal. b) Petitions to Intervene should be served on all parties and shall address with specificity and particularity the matters "at issue" or …

Section 100.80 Consolidation of Petitions The Board may consolidate, for hearing and/or determination, appeal petitions involving identical or substantially similar parties, mandates and issues.

Section 100.90 Resolution in the Absence of a Hearing a) In the absence of a request for a hearing, the Board may determine all matters at issue from the evidence presented with the appeal petition and response. b) Determinations by the Board rendered without hearing shall be pre…

Section 100.EXHIBIT A Appeal Petition Instructions: This Appeal Petition must be entirely completed. When completed, ten (10) copies of it and all supporting exhibits and documentation must be filed with the Board office at 620 E. Adams, Springfield, Il. 62701. I. Background Info…

Section 200.10 Source of Authority a) The Department of Commerce and Community Affairs (Department) is authorized by Section 46.42 of the Civil Administrative Code of Illinois (Part 7) [20 ILCS 605/46.42] to make such rules and regulations as may be necessary to carry out its dut…

Section 200.20 Applicability These rules shall apply to all claims for Reimbursement and Requests for Determination of Mandate filed with the Department by one or more units of local government, as authorized by the State Mandates Act.

Section 200.30 Definitions "State mandate" means any State-initiated statutory or "executive action" that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues, excluding any order iss…

Section 200.40 Parties to a Claim for Reimbursement or a Request for Determination of Mandate Subject to the provisions of Section 200.50 (Claims for Reimbursement) and Section 200.60 (Requests for Determination of Mandate) of this Part, one or more units of local government, oth…

Section 200.50 Claims for Reimbursement a) Within 60 days after the effective date of a new or expanded State mandate, one or more units of local government may submit to the Department a Claim for Reimbursement to recover certain costs associated with the implementation of a Sta…

Section 200.60 Requests for Determination of Mandate In cases in which the General Assembly has not appropriated funds from which units of local government may be reimbursed for costs attributable to a new or expanded State mandate, one or more units of local government may submi…

Section 400.10 Definitions Unless otherwise noted, the following definitions shall apply to this Part: "Department" − the Index Department of the Secretary of State. "Depositor" − an attorney licensed or formerly licensed to practice in the State of Illinois who is in possession …

Section 400.20 Deposit of Wills a) Prior to depositing any will with the Department, the depositor shall cause to be conducted a diligent search for the testator, whether it is known or unknown if the testator is living. A will may be deposited with the Department only if the dep…