Full Text of SB0951 100th General Assembly
SB0951sam001 100TH GENERAL ASSEMBLY | Sen. Jim Oberweis Filed: 3/1/2017
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| 1 | | AMENDMENT TO SENATE BILL 951
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 951 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Sections 10-25 and 10-50 and by adding | 6 | | Section 10-75 as follows:
| 7 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| 8 | | Sec. 10-25. Contested cases; notice; hearing.
| 9 | | (a) In a contested case, all parties shall be afforded an | 10 | | opportunity for
a hearing after reasonable notice. The notice | 11 | | shall be served personally , served
or by certified or | 12 | | registered mail , served by electronic mail, or served as | 13 | | otherwise provided by law upon the
parties or their agents | 14 | | appointed to receive service of process and shall
include the | 15 | | following:
| 16 | | (1) A statement of the time, place, and nature of the
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| 1 | | hearing.
| 2 | | (2) A statement of the legal authority and jurisdiction | 3 | | under
which the hearing is to be held.
| 4 | | (3) A reference to the particular Sections of the | 5 | | substantive and
procedural statutes and
rules involved.
| 6 | | (4) Except where a more detailed statement is otherwise | 7 | | provided
for by law, a short and plain statement of the | 8 | | matters asserted, the
consequences of a failure to respond, | 9 | | and the official file or other
reference number.
| 10 | | (5) The names and mailing addresses of the | 11 | | administrative law judge,
all parties, and all other | 12 | | persons to whom the agency gives notice of the
hearing | 13 | | unless otherwise confidential by law.
| 14 | | (b) An opportunity shall be afforded all parties to be | 15 | | represented by
legal counsel and to respond and present | 16 | | evidence and argument.
| 17 | | (c) Unless precluded by law, disposition may be made of any | 18 | | contested
case by stipulation, agreed settlement, consent | 19 | | order, or default.
| 20 | | (Source: P.A. 87-823 .)
| 21 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 22 | | Sec. 10-50. Decisions and orders.
| 23 | | (a) A final decision or order adverse to a party (other | 24 | | than the agency)
in a contested case shall be in writing or | 25 | | stated in the record. A final
decision shall include findings |
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| 1 | | of fact and conclusions of law, separately
stated. Findings of | 2 | | fact, if set forth in statutory language, shall be
accompanied | 3 | | by a concise and explicit statement of the underlying facts
| 4 | | supporting the findings. If, in accordance with agency rules, a | 5 | | party
submitted proposed findings of fact, the decision shall | 6 | | include a ruling
upon each proposed finding. Parties or their | 7 | | agents appointed to receive
service of process shall be | 8 | | notified either personally , or by registered or
certified mail , | 9 | | or by electronic mail of any decision or order. Upon request a | 10 | | copy of the
decision or order shall be delivered or mailed | 11 | | forthwith to each party and
to his attorney of record.
| 12 | | (b) All agency orders shall specify whether they are final | 13 | | and subject
to the Administrative Review Law.
| 14 | | (c) A decision by any agency in a contested case under this | 15 | | Act shall be
void unless the proceedings are conducted in | 16 | | compliance with the provisions
of this Act relating to | 17 | | contested cases, except to the extent those provisions
are | 18 | | waived under Section 10-70 and except to the extent the
agency | 19 | | has adopted its own rules for contested cases as authorized in | 20 | | Section
1-5.
| 21 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 22 | | (5 ILCS 100/10-75 new) | 23 | | Sec. 10-75. Service by electronic mail. | 24 | | (a) An agency may require all attorneys to designate an | 25 | | electronic mail address to which all documents required under |
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| 1 | | Sections 10-25 and 10-50 may be transmitted. If required to | 2 | | designate an electronic mail address, an attorney must | 3 | | designate one primary electronic mail address, and may | 4 | | designate no more than 2 secondary electronic mail addresses. | 5 | | (b) An agency may request, but not require, unless | 6 | | otherwise required by law, an unrepresented party to designate | 7 | | an electronic mail address to which all documents required | 8 | | under Sections 10-25 and 10-50 may be transmitted. An agency | 9 | | may by rule make electronic mail the default option for service | 10 | | of documents. | 11 | | (c) Service by electronic mail is complete on the first | 12 | | business day following transmission. ".
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