PART 9090 DISCIPLINE OF ATTORNEYS; AGENTS : Sections Listing

TITLE 50: INSURANCE
CHAPTER VI: WORKERS' COMPENSATION COMMISSION
PART 9090 DISCIPLINE OF ATTORNEYS; AGENTS


AUTHORITY: Implementing Section 19 of, and authorized by Section 16 of, the Workers' Compensation Act [820 ILCS 305/16 and 19].

SOURCE: Filed and effective March 1, 1977; codified at 7 Ill. Reg. 1243; recodified from 50 Ill. Adm. Code 7090 to 50 Ill. Adm. Code 9090 at 39 Ill. Reg. 9613; amended at 40 Ill. Reg. 15783, effective November 9, 2016.

 

Section 9090.10  Disciplining of Attorneys:  Procedure

 

When a verified, written allegation of improper, unethical or contemptuous conduct is made against an attorney, relating to practice before the Commission, by a party to pending litigation or any officer of the Commission, the Commission may refer that matter to the Attorney Registration and Disciplinary Commission.

 

(Source:  Amended at 40 Ill. Reg. 15783, effective November 9, 2016)

 

Section 9090.20  Disciplining of Agents:  Procedure

 

a)         Whenever the Commission finds that an insurer, self-insurer, claims service or other association, or an agent of one of these entities, is practicing a policy of unfairness toward the claimant in the handling and processing of claims under the Workers' Compensation or Occupational Diseases Act, the Commission may issue a Rule to Show Cause why the carrier or agent should not be suspended from writing insurance or processing workers' compensation claims within the State.

 

b)         The recipient of the Rule to Show Cause shall be entitled to be informed of the charges against it and to have an evidentiary hearing on the merits of the charges.  The recipient shall have the right to be present, to call witnesses, and to provide other pertinent evidence.

 

c)         After a full hearing, the Commission may invoke appropriate sanctions against the recipient as authorized by statute, specifically including citation (i.e., submission) to the Attorney General for action on any violation of the law or certification to the Director of Insurance for discipline of license.

 

(Source:  Amended at 40 Ill. Reg. 15783, effective November 9, 2016)