Illinois Regulations 7500.30

b) The Chairman will acknowledge in writing receipt of each written communication which constitutes a complaint under Section 14.1 of the Worker's Compensation Act (the Act) (Ill. Rev. Stat. 1985 ch. 48, par. 138.14.1). If a communication does not constitute a complaint then the Board will send the complainant a letter explaining that the communication does not meet the requirements of a complaint and why the communication is defective.

c) The Board will preserve the identity of any complainant who has not revealed his own identity to the respondent either directly or through publication subject to the statutory requirement of Ill. Rev. Stat.1985, ch. 48, par. 138.14.1 that if complainant does not appear and testify at a hearing scheduled on the complaint, the complaint shall be dismissed.

d) If, on preliminary examination or injury, the Chairman determines that the complaint does not allege misconduct as stated in Section 7500.10(a), or does not set forth allegations which would constitute a basis for a complaint under section 7500.10(a)(1) of this Part he may, with the concurrence of a majority of the members, dismiss the complaint, in which case he shall notify the complainant of the dismissal. If the matter is not so dismissed, the Chairman will notify the Commissioner or Arbitrator, within fifteen (15) business days of receipt of the complaint, that a complaint has been filed against him or her, with written notice served by personal delivery or by certified mail with a return receipt. The notice shall include a copy of the complaint filed with the deletion of the identity of the complainant.

e) If the responding Commissioner or Arbitrator elects to respond in writing to the complaint, his response must be filed with the Chairman within thirty (30) days from receipt of the notice from the Chairman, unless prior to the time for filing of the response a written request for extension of the time to respond has been filed with and granted by the Chairman, for good cause shown. An extension is for 30 days and only one will be granted. The Respondent shall respond, in specific detail, to the charges of the complaint.

f) The proceedings of the Board and all information and material written or oral, pertaining to the proceedings, and all information or materials relating to any investigation and hearing held on specific complaints filed pursuant to Section 14.1 of the Act, shall not be available to the public pursuant to Sections 7(b)(v) and (m) of the Freedom of Information Act (Ill. Rev. Stat. 1985 ch. 116, par. 207 (b) (v) and (m)).

g) After examination of the complaint and response the Board may by written or oral vote of the majority of its members determine whether to dismiss the complaint or order its investigation. The Board's standard for determining whether to dismiss a complaint is if there is any credible evidence to support the complainant's allegations. An investigation may be conducted by such members, or by such other persons, as may be designated by the Board from time to time to conduct such investigations.

h) After consideration of the complaint and any response and investigation, the Board may by written or oral vote of a majority of its members determine whether to dismiss the complaint or hold a hearing on the complaint. The Board's standard for determining whether to dismiss a complaint or hold a hearing is whether evidence exists to sustain the complainant's allegation which has not been rebutted by the respondent. When the Board has voted to dismiss a complaint without a hearing, it shall so notify the complainant and the involved Arbitrator or Commissioner in writing.