Ill. Admin. Code tit. 83 § 202.220

Current through Register Vol. 48, No. 45, November 8, 2024

Section 202.220 - Designation of Arbitrator

a) Parties to a complaint requesting arbitration shall choose arbitrators from the list of arbitrators posted on the Commission's web site. Parties shall identify which of the chosen arbitrators is their first choice, which is their second choice, and which is their third choice. Parties unable to agree on a first and second choice of arbitrator may not file a petition requesting arbitration. If the arbitrator identified as the parties' first choice of arbitrator is unavailable to arbitrate the dispute, the arbitrator identified as the parties' second choice of arbitrator shall be designated to arbitrate the dispute. If the arbitrator identified as the parties' second choice of arbitrator is unavailable to arbitrate the dispute, the arbitrator identified as the parties' third choice of arbitrator shall be designated to arbitrate the dispute. If the arbitrator identified as the parties' third choice of arbitrator is unavailable to arbitrate the dispute, the Chief Administrative Law Judge shall designate an arbitrator. The parties may either proceed with the designated arbitrator or withdraw the request for arbitration and resolve the complaint pursuant to 83 Ill. Adm. Code 200.

b) An Administrative Law Judge presiding over a complaint from which an arbitration request arises shall not serve as an arbitrator in that matter.

c) No member of Commission Staff participating in a complaint from which an arbitration request arises shall assist the arbitrator presiding over that arbitration.

d) No arbitrator shall have any financial or personal interest in the result of the arbitration. If an arbitrator becomes aware of any financial or personal interest in the result of the arbitration, the arbitrator must disclose the interest on the record to the parties at the earliest possible opportunity. If all of the parties waive any objection to such conflict of interest on the record, the arbitrator may continue to serve as arbitrator. If any of the parties object to the arbitrator's continued role in the proceeding, a new arbitrator shall be selected in the manner prescribed in subsection (a).

e) The Commission shall make available on its web site a list of arbitrators. The list shall include the location of each arbitrator (i.e, Springfield or Chicago).

Ill. Admin. Code tit. 83, § 202.220