102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3873

 

Introduced 1/21/2022, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/10-55  from Ch. 127, par. 1010-55

    Amends the Illinois Administrative Procedure Act. Defines the term "invalidated" for purposes of provisions concerning expenses and attorney's fees. Effective immediately.


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A BILL FOR

 

SB3873LRB102 22502 RJF 31643 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 10-55 as follows:
 
6    (5 ILCS 100/10-55)  (from Ch. 127, par. 1010-55)
7    Sec. 10-55. Expenses and attorney's fees.
8    (a) In any contested case initiated by any agency that
9does not proceed to court for judicial review and on any issue
10where a court does not have jurisdiction to make an award of
11litigation expenses under Section 2-611 of the Civil Practice
12Law, any allegation made by the agency without reasonable
13cause and found to be untrue shall subject the agency making
14the allegation to the payment of the reasonable expenses,
15including reasonable attorney's fees, actually incurred in
16defending against that allegation by the party against whom
17the case was initiated. A claimant may not recover litigation
18expenses when the parties have executed a settlement agreement
19that, while not stipulating liability or violation, requires
20the claimant to take correction action or pay a monetary sum.
21    (b) The claimant shall make a demand for litigation
22expenses to the agency. If the claimant is dissatisfied
23because of the agency's failure to make any award or because of

 

 

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1the insufficiency of the agency's award, the claimant may
2petition the Court of Claims for the amount deemed owed. If
3allowed any recovery by the Court of Claims, the claimant
4shall also be entitled to reasonable attorney's fees and the
5reasonable expenses incurred in making a claim for the
6expenses incurred in the administrative action. The Court of
7Claims may reduce the amount of the litigation expenses to be
8awarded under this Section, or deny an award, to the extent
9that the claimant engaged in conduct during the course of the
10proceeding that unduly and unreasonably protracted the final
11resolution of the matter in controversy.
12    (c) In any case in which a party has any administrative
13rule invalidated by a court for any reason, including but not
14limited to the agency's exceeding its statutory authority or
15the agency's failure to follow statutory procedures in the
16adoption of the rule, the court shall award the party bringing
17the action the reasonable expenses of the litigation,
18including reasonable attorney's fees.
19    For purposes of this subsection (c), "invalidated" means
20any action by a court of competent jurisdiction that declares
21or renders an administrative rule unenforceable or without
22legal effect for any period of time, whether pursuant to a
23temporary restraining order, preliminary injunction, permanent
24injunction, or final decision on the merits. The changes made
25by this amendatory Act of the 102nd General Assembly are
26declarative of existing law.

 

 

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1(Source: P.A. 87-823.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.