SB2376 103RD GENERAL ASSEMBLY

LRB103 28553 DTM 54934 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2376

Introduced 2/10/2023, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

5 ILCS 100/10-10	from Ch. 127, par. 1010-10
5 ILCS 100/10-25	from Ch. 127, par. 1010-25
5 ILCS 100/10-25.1 new
5 ILCS 100/10-45	from Ch. 127, par. 1010-45
5 ILCS 100/10-50	from Ch. 127, par. 1010-50
5 ILCS 100/10-70	from Ch. 127, par. 1010-70
20 ILCS 405/600 new

Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by changing Sections 10-10, 10-25, 10-45, 10-50, and 10-70 and by adding Section 10-25.1 as follows:

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

Sec. 10-10. Components of rules. All agency rules establishing procedures for contested cases shall at a minimum comply with the provisions of this Article 10. In addition, agency rules establishing procedures may include, but need not be limited to, the following components: pre-hearing conferences, representation interview or deposition procedures, default procedures, selection of administrative law judges, the form of the final order, the standard of proof used, which agency official makes the final decision, representation of parties, procedure for requesting language assistance, subpoena request procedures, discovery and protective order procedures, and any review or appeal process within the agency.

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

(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 in the preferred spoken language of the parties, if known by the agency. The notice shall be served personally, by certified or registered mail, by email as provided by Section 10-75, or 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) To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the administrative law judge or designated agency contact, the parties, and all other persons to whom the agency gives notice of the hearing unless otherwise confidential by law.

(6) Instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice.

(7) A statement written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, of the right to request an interpreter for the hearing.

(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. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)

(5 ILCS 100/10-25.1 new)

Sec. 10-25.1. Language Assistance.

(a) "Language assistance" means oral interpretation or written or sight translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. "Sight translation" means the reading of text written in one language by an interpreter who orally translates it into another language.

(b) The administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. The fact that an individual for whom English is a second language knows some English should not prohibit that individual from being allowed to receive language assistance. The examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record.

(c) Any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing.

(d) When language assistance is requested or determined to be necessary by the administrative law judge, the agency must appoint a certified, registered, or qualified interpreter, at no cost to the person in need of the assistance. If it appears that language assistance is needed but interpreters are not available for the scheduled hearing, the administrative law judge shall continue or postpone the hearing until appropriate services can be provided. An unregistered interpreter should be appointed only if the agency made reasonable efforts to obtain a certified, registered, or qualified interpreter and is not reasonably available. If the agency appoints an unregistered interpreter, the administrative law judge must examine the interpreter on the record to ensure the interpreter is qualified to interpret in the hearing, has proficiency in English and the foreign language, and does not present a conflict of interest.

(1) Interpreters on the registry established pursuant to Section 405-600 of the Department of Central Management Services Law must be certified, registered, or qualified for purposes of this Section.

(2) Court interpreters on the registry established pursuant to the Illinois Supreme Court Language Access Policy recommended lists of court interpreters must be certified, registered, or qualified for purposes of this Section.

(e) The appointed interpreter must swear or affirm that he or she:

(1) will make a true interpretation in an understandable manner to the person for whom the interpreter has been appointed;

(2) will repeat the statements of the person in need of interpretation assistance in the English language to the best of his or her ability;

(3) has not had any involvement in the issues of the case before the hearing; and

(4) will not disclose privileged or confidential communications to any person.

(f) If the party or witness in need of interpretation or an attorney or advocate involved in the proceeding concludes that the appointed interpreter is not interpreting communications correctly, they may request the appointment of a different interpreter.

(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)

Sec. 10-45. Proposal for decision. Except where otherwise expressly provided by law, when in a contested case a majority of the officials of the agency who are to render the final decision has not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and to present a brief and, if the agency so permits, oral argument to the agency officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision and shall be prepared by the persons who conducted the hearing or one who has read the record. Where an interpreter is appointed for a party in the hearing under Section 10-25.1, the agency must provide a translation of the proposal for decision or provide an interpreter for sight translation of the proposal for decision to the party needing language assistance.

(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, by registered or certified mail, by email as provided by Section 10-75, or as otherwise provided by law. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record. Where an interpreter is appointed for a party in the hearing under Section 10-25.1, the agency must provide a translation of the proposal for decision or provide an interpreter to sight translate the proposal for decision to the party needing language assistance.

(b) All agency orders shall specify whether they are final and subject to the Administrative Review Law. Every final order shall contain a list of all parties of record to the case including the name and address of the agency or officer entering the order and the addresses of each party as known to the agency where the parties may be served with pleadings, notices, or service of process for any review or further proceedings. Every final order shall also state whether the rules of the agency require any motion or request for reconsideration and cite the rule for the requirement. The changes made by this amendatory Act of the 100th General Assembly apply to all actions filed under the Administrative Review Law on or after the effective date of this amendatory Act of the 100th General Assembly.

(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. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)

(5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)

Sec. 10-70. Waiver.

(a) Compliance with any or all of the provisions of this Act concerning contested cases may be waived by written stipulation of all parties.

(b) Where an administrative law judge has determined that a party needs language assistance to understand or participate in the hearing under Section 10-25.1, the parties must include a signed written stipulation in the preferred language of the party in need of language assistance.

(c) A written stipulation waiving any of the provisions in Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about language assistance may be withdrawn by the party in need of language assistance by oral declaration at hearing or in a written declaration at any time. A withdrawal of the waiver, in compliance with this subsection (c), will require compliance of the language assistance provisions of this Act going forward in the proceeding.

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

Section 10. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by adding Section 600 as follows:

(20 ILCS 405/600 new)

Sec. 600. Certification of administrative hearing interpreters.

(a) The Department shall compile, maintain, and disseminate a current registry of foreign language interpreters certified, qualified, and registered by the Department that meet the minimum standards in interpreting skills and linguistic abilities developed by the Department. Any certified, qualified, and registered interpreter listed may be examined by each employing agency to determine the interpreter's knowledge of the employing agency's technical program terminology and procedures. For purposes of this section, the following definitions apply:

(1) "Certified interpreter" means a foreign language interpreter certified pursuant to the program established by the Department and listed on the Department's statewide registry.

(2) "Qualified interpreter" means a foreign language interpreter qualified pursuant to the program established by the Department and listed on the Department's statewide registry.

(3) "Registered interpreter" means a foreign language interpreter registered pursuant to the program established by the Department and listed on the Department's statewide registry.

(b) The Department shall designate the languages for certification. The Department may stop providing an examination for the certification of a language if it finds that there is an insufficient need for interpreting assistance in the language using the criteria in subsection (c).

(c) The language designations shall be based on the following:

(1) The language needs of non-English-speaking persons appearing before the administrative agencies as determined by consultation with the agencies.

(2) The cost of developing a language examination.

(3) The availability of experts needed to develop a language examination.

(4) Other information the department deems relevant.

(d) The Department may charge reasonable fees to interpreters for applying, testing, training, certification, registration, and renewal of registration.