Illinois Regulations 7030.30

b) Examples of instances where disqualification by an Arbitrator or Commissioner should occur include, but are not limited to the following:

1) he or she has personal knowledge of disputed evidentiary facts concerning the proceedings;

2) he or she served as an attorney in the matter in controversy;

3) he or she is a material witness concerning the matter;

4) he or she was, within the preceding two years, associated in the practice of law with any law firm or attorney currently representing any party in the controversy;

5) he or she was, within the preceding two 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 claim;

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 such 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 substantial financial interest in the subject matter in controversy;

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.

c) Remittal of Disqualification

An Arbitrator or Commissioner disqualified under subsections (b)(5), (b)(6) or (b)(7) above, may disclose on the record the basis of the disqualification. If, based on such disclosure, the parties and attorneys, independently of the Arbitrator's or Commissioner's participation, all agree in writing that the Arbitrator's or Commissioner's interest is immaterial, the Arbitrator or Commissioner may participate in the proceeding. The agreement signed by all parties and all attorneys shall be made a part of the record of the proceeding.

d) Reassignment

1) Cases on Arbitration

A) Where an Arbitrator withdraws from a case and the venue of said case arises in Cook County, it shall be the duty of the Arbitrator to notify the Industrial Commission, whose function it shall be to transfer said case to a new Arbitrator chosen randomly from all the Arbitrators in Cook County.

B) Where an Arbitrator withdraws from a case and the venue of said case arises outside Cook County, it shall be the duty of the Arbitrator to notify the Industrial Commission, whose function it shall be to transfer said case to a new Arbitrator in the nearest contiguous geographical territory.

2) Cases on Review

When a Commissioner withdraws from a case, it shall be the duty of the Commissioner to notify the Industrial Commission, whose function it shall be to transfer the case to a Commissioner, representative of the same statutorily designated class, sitting on a panel other than that on which the withdrawing Commissioner sits.