SB0951sam001 100TH GENERAL ASSEMBLY

Sen. Jim Oberweis

Filed: 3/1/2017

10000SB0951sam001 LRB100 09635 RJF 22536 a

AMENDMENT TO SENATE BILL 951

AMENDMENT NO. ______. Amend Senate Bill 951 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Administrative Procedure Act is amended by changing Sections 10-25 and 10-50 and by adding Section 10-75 as follows:

(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)

Sec. 10-25. Contested cases; notice; hearing.

(a) In a contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice. The notice shall be served personally, served or by certified or registered mail, served by electronic mail, or served as otherwise provided by law upon the parties or their agents appointed to receive service of process and shall include the following:

(1) A statement of the time, place, and nature of the hearing.

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(3) A reference to the particular Sections of the substantive and procedural statutes and rules involved.

(4) Except where a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted, the consequences of a failure to respond, and the official file or other reference number.

(5) The names and mailing addresses of the administrative law judge, all parties, and all other persons to whom the agency gives notice of the hearing unless otherwise confidential by law.

(b) An opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence and argument.

(c) Unless precluded by law, disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(Source: P.A. 87-823.)

(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)

Sec. 10-50. Decisions and orders.

(a) A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties or their agents appointed to receive service of process shall be notified either personally, or by registered or certified mail, or by electronic mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.

(b) All agency orders shall specify whether they are final and subject to the Administrative Review Law.

(c) A decision by any agency in a contested case under this Act shall be void unless the proceedings are conducted in compliance with the provisions of this Act relating to contested cases, except to the extent those provisions are waived under Section 10-70 and except to the extent the agency has adopted its own rules for contested cases as authorized in Section 1-5.

(Source: P.A. 92-16, eff. 6-28-01.)

(5 ILCS 100/10-75 new)

Sec. 10-75. Service by electronic mail.

(a) An agency may require all attorneys to designate an electronic mail address to which all documents required under Sections 10-25 and 10-50 may be transmitted. If required to designate an electronic mail address, an attorney must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses.

(b) An agency may request, but not require, unless otherwise required by law, an unrepresented party to designate an electronic mail address to which all documents required under Sections 10-25 and 10-50 may be transmitted. An agency may by rule make electronic mail the default option for service of documents.

(c) Service by electronic mail is complete on the first business day following transmission.".