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Public Act 100-0083
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| SB0731 Enrolled | LRB100 08389 HEP 18501 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 3-107 as follows:
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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Sec. 3-107. Defendants.
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(a) Except as provided in subsection (b) or (c), in any |
action to review any final
decision of an administrative |
agency, the administrative agency and all
persons, other than |
the plaintiff, who were parties of record to the
proceedings |
before the
administrative agency shall be made defendants. The |
method of service of the decision shall be as provided in the |
Act governing the procedure before the administrative agency, |
but if no method is provided, a decision shall be deemed to |
have been served either when a copy of the decision is |
personally delivered or when a copy of the decision is |
deposited in the United States mail, in a sealed envelope or |
package, with postage prepaid, addressed to the party affected |
by the decision at his or her last known residence or place of |
business. The form of the summons and the issuance of alias |
summons shall be according to rules of the Supreme Court.
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No action for administrative review shall be dismissed for |
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lack of
jurisdiction based upon the failure to name an |
employee, agent, or member, who
acted in his or her official |
capacity, of an administrative agency, board,
committee, or |
government entity, where the administrative agency, board,
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committee, or government entity, has been named as a defendant |
as provided in
this Section. Naming the director or agency |
head, in his or her official
capacity, shall be deemed to |
include as defendant the administrative agency,
board, |
committee, or government entity that the named defendants |
direct or
head. No action for administrative review shall be |
dismissed for lack of
jurisdiction based upon the failure to |
name an administrative agency, board,
committee, or government |
entity, where the director or agency head, in his or
her |
official capacity, has been named as a defendant as provided in |
this
Section.
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If, during the course of a review action, the court |
determines that an agency or a party
of record to the |
administrative proceedings was not made a defendant as
required |
by the preceding paragraph, then the
court shall grant the |
plaintiff 35 days from the date of the determination in
which |
to name and serve the unnamed agency or party as a defendant. |
The court shall
permit the newly served defendant to |
participate in the proceedings to the
extent the interests of |
justice may require.
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(b) With respect to actions to review decisions of a zoning |
board of
appeals in a municipality with a population of 500,000 |
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or more inhabitants
under Division 13 of Article 11 of the |
Illinois Municipal Code, "parties of
record" means only the |
zoning board of appeals and applicants before the
zoning board |
of appeals. The plaintiff shall send a notice of filing of
the |
action by certified mail to each other person who appeared |
before and
submitted oral testimony or written statements to |
the zoning board of
appeals with respect to the decision |
appealed from. The notice shall be
mailed within 2 days of the |
filing of the action. The notice shall state
the caption of the |
action, the court in which the action is filed, and the
names |
of the plaintiff in the action and the applicant to the zoning |
board
of appeals. The notice shall inform the person of his or |
her right to
intervene. Each person who appeared before and |
submitted oral testimony
or written statements to the zoning |
board of appeals with respect to the
decision appealed from |
shall have a right to intervene as a defendant in
the action |
upon application made to the court within 30 days of the |
mailing
of the notice.
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(c) With respect to actions to review decisions of a |
hearing officer or a county zoning board of appeals under |
Division 5-12 of Article 5 of the Counties Code, "parties of |
record" means only the hearing officer or the zoning board of |
appeals and applicants before the hearing officer or the zoning |
board of appeals. The plaintiff shall send a notice of filing |
of the action by certified mail to each other person who |
appeared before and submitted oral testimony or written |
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statements to the hearing officer or the zoning board of |
appeals with respect to the decision appealed from. The notice |
shall be mailed within 2 days of the filing of the action. The |
notice shall state the caption of the action, the court in |
which the action is filed, and the name of the plaintiff in the |
action and the applicant to the hearing officer or the zoning |
board of appeals. The notice shall inform the person of his or |
her right to intervene. Each person who appeared before and |
submitted oral testimony or written statements to the hearing |
officer or the zoning board of appeals with respect to the |
decision appealed from shall have a right to intervene as a |
defendant in the action upon application made to the court |
within 30 days of the mailing of the notice. This subsection |
(c) applies to zoning proceedings commenced on or after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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(d) The changes to this Section made by this amendatory Act |
of the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |
General Assembly. |
(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
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