Section 9015.10  Overview of Electronic Filing

 

a)         The Uniform Electronic Transactions Act [815 ILCS 333] (UETA) authorizes State agencies to send and receive electronic records and electronic signatures to and from other persons and otherwise create, use, store, and rely upon electronic records and electronic signatures. The purpose of the UETA is to facilitate electronic communication by means of reliable electronic records and to facilitate electronic filing of documents. By virtue of the UETA, and with guidance from Supreme Court Rules, the Illinois Workers' Compensation Commission adopts this Part.

 

b)         Pursuant to Section 13 of the Illinois Workers' Compensation Act (Act), the Chairman will set forth administrative guidelines for the implementation of a system by which documents filed under this Part may be formatted and filed electronically. The Chairman shall set forth administrative procedures by which pro se nonattorney litigants may gain access to and file documents using the electronic filing system (e-filing system).

 

c)         Prior to filing any document electronically with the Commission, users are required to register with the Commission and provide all information as required by the Commission's registration procedure. Users shall promptly update the required information. The Commission shall provide an identifier to all registered participants and a means to confirm that the filing was approved by an authorized user. The Attorney Registration and Disciplinary Commission number may be used as the identifier for attorneys to ensure that the attorney is licensed and in good standing.

 

d)         The e-filing system will allow the Commission to verify whether an attorney who registers as a user is authorized to practice in Illinois.

 

e)         Information, records, and signatures shall not be denied legal effect, validity, or enforceability solely on the grounds that they are in electronic form. Further, if statute, regulation, or case law requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record satisfies that requirement.

 

(Source:  Amended at 47 Ill. Reg. 6144, effective April 13, 2023)

 

Section 9015.20  Format

 

a)         Documents must be submitted in the format prescribed by the Commission or in PDF format. All electronically filed documents shall include the case caption and nature of filing. Each document shall include the typed name, e-mail address, and telephone number of the attorney filing the document.

 

b)         All electronically filed documents shall, to the extent possible, be formatted in accordance with this Part.

 

c)         Electronic documents containing links to material either within the filed document or external to the document are for convenience purposes only. The external material behind the link is not considered part of the filing or basic record.

 

d)         Bulk filing of multiple cases or multiple documents combined into one PDF document will not be accepted. Documents with different workers' compensation numbers must be filed individually.

 

e)         Documents not complying with UETA or this Part will be rejected.

 

(Source:  Amended at 47 Ill. Reg. 6144, effective April 13, 2023)

 

Section 9015.30  Filing

 

a)         The e-filing provider is an agent of the Commission for purpose of e-filing and receipt of electronic documents. Upon submission of the e-filed document, the e-filing provider will e-mail the registered user a transaction confirmation that includes the transaction number, a list of the documents submitted, and the date and time of submittal. The transaction number shall serve as proof of submittal.

 

b)         Filings may include pleadings, petitions, motions, proofs of service, exhibits or any other Commission authorized document. Communication between attorneys or attorneys and their clients shall not be filed electronically, unless part of a pleading, petition, motion or a Commission authorized document.

 

c)         A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

 

d)         A document shall be considered timely filed if e-filed at any time before midnight on or before the date on which the document is due. If the date required for filing falls on a Saturday, Sunday or holiday, the time for filing shall be the next date that is not a Saturday, Sunday or holiday.  A document submitted at or after midnight or on a day that is not a Commission business day (see 50 Ill. Adm. Code 9020.10(c)) shall be considered filed the next Commission business day.

 

e)         The transmission date and time of transfer shall govern the electronic file mark. Each document reviewed and accepted for filing by the Commission will receive an electronic file stamp.

 

f)         If an e-filed document is untimely filed due to a technical failure or a system outage, the registered user may seek appropriate relief from the Commission.

 

g)         Proposed Decisions are to be submitted via e-mail directly to the Arbitrator in Microsoft Word format. For Proposed Decisions, only the proof of service must be e-filed.

 

h)         In any proceeding before the Commission, nothing in the application of the rules of evidence shall be applied in a manner that denies the admissibility of an electronic record or electronic signature. Information in the electronic record will be given due evidentiary weight by the Commission. 

 

i)          Any electronic document or record submitted to the Commission will be deemed filed if not rejected by the Commission. The transmission date and time shall govern the electronic file mark.

 

j)          An e-filed document must not contain viruses or malware. The e-filing of a document constitutes a certification by the registered user that the document has been checked for viruses and malware.

 

k)         All filed documents that are required to be maintained and preserved must be kept for one year after the appellate process period has been completed.

 

Section 9015.40  Signatures

 

a)         When a signature is required, or when certain consequences are provided if a document is not signed, an electronic signature will suffice.

 

b)         Any document electronically filed with a subscriber identifier is deemed to have been signed by the holder of the user identification and password.

 

c)         The original signed document that has been electronically filed shall be maintained and preserved by the party filing the document and presented to the Commission upon its request.

 

d)         Documents containing signatures of third parties may be filed electronically and shall bear a facsimile or typographical signature. If a document requires the signature of one or more persons not a party to the case or not registered for electronic filing, the subscriber must confirm all persons required to sign the document approve it. Original signatures of all nonregistered persons must be obtained before filing the document. The document must indicate the identity of each nonregistered signatory. The subscriber must retain the original document for one year after the date that the judgment has become final or the expiration of the time for seeking review. The subscriber must make the document available for inspection by the Commission upon request.

 

e)         Documents filed electronically by a Commissioner or an Arbitrator under his or her identifier shall be deemed entered by that Commissioner or Arbitrator.

 

Section 9015.50   Service and Proof of Service

 

a)         Electronic service is not capable of conferring jurisdiction. Documents requiring personal service to confer jurisdiction may not be served electronically.

 

b)         All other documents may be served upon the other party or the party's representative electronically. The subscriber shall be responsible for completing electronic service of the documents. By registering in the electronic filing system, the subscribers consent to receipt of all other documents e-filed and e-served upon them.

 

c)         Subscribers consent to receive all communication from the Commission, including but not limited to notice of hearing, orders, decisions, or any general correspondence via electronic filing. The Commission may also issue any Commission document via e-mail.

 

d)         E-service shall be deemed complete as of the filed date and time listed by the e-file system. For the purpose of computing time for any party to respond, any document served is deemed to be served the next business day following the date of transmission.

 

e)         The e-filing vendor is required to maintain an e-service list for each e-filed case.

 

Section 9015.60  Document Privacy and Errors in Electronic Filings

 

a)         It is the responsibility of the filing party to insure that the documents filed electronically do not disclose private or confidential information.

 

b)         The Commission shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

 

c)         If the electronic filing is not filed with the Commission for any of the causes listed in this subsection (c), the Commission may, upon satisfactory proof, enter an order permitting the document to be subsequently filed effective the date the filing was first attempted.  The causes the Commission may consider in making this decision are:

 

1)         an error in the transmission of the document to the vendor that was unknown to the sending party;

 

2)         a failure to process the electronic filing when received by the vendor;

 

3)         a rejection by the Commission;

 

4)         other technical problems experienced by the filer;

 

5)         the party was erroneously excluded from the service list.

 

d)         In case of a filing error, absent extraordinary circumstances, anyone prejudiced by the Commission's order to accept a subsequent filing effective as of the date filing was first attempted shall be entitled to an order extending:

 

1)         the date for any response; or

 

2)         the period within which any right, duty or other act must be performed.