Full Text of SB2703 100th General Assembly
SB2703sam001 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/12/2018
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| 1 | | AMENDMENT TO SENATE BILL 2703
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2703 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 1-15, 1-30, 10-5, 10-15, 10-20, | 6 | | 10-25, 10-35, 10-45, 10-50, 10-60, and 10-65 and by adding | 7 | | Sections 1-13, 10-3, 10-75, and Article 12 as follows: | 8 | | (5 ILCS 100/1-13 new) | 9 | | Sec. 1-13. "Administrative hearing" means any hearing | 10 | | required to comply with the provisions of this Act concerning a | 11 | | contested case.
| 12 | | (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)
| 13 | | Sec. 1-15.
"Administrative law judge" means the presiding | 14 | | officer or
officers at the initial administrative hearing | 15 | | before each agency and each continuation of
that administrative |
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| 1 | | hearing. The term also includes but is not limited to hearing
| 2 | | examiners, hearing officers, referees, and arbitrators.
| 3 | | (Source: P.A. 87-823.)
| 4 | | (5 ILCS 100/1-30) (from Ch. 127, par. 1001-30)
| 5 | | Sec. 1-30.
"Contested case" means an adjudicatory | 6 | | proceeding (not
including ratemaking, rulemaking, or | 7 | | quasi-legislative, informational, or
similar proceedings) in | 8 | | which the individual legal rights, duties, or
privileges of a | 9 | | party are required by law to be determined by an agency
only | 10 | | after an opportunity for an administrative a hearing.
| 11 | | (Source: P.A. 87-823.)
| 12 | | (5 ILCS 100/10-3 new) | 13 | | Sec. 10-3. Applicability. This Article applies to all | 14 | | agencies not covered by Article 12.
| 15 | | (5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
| 16 | | Sec. 10-5. Rules required for hearings. All agencies shall | 17 | | adopt rules
establishing procedures for administrative | 18 | | contested case hearings.
| 19 | | (Source: P.A. 87-823.)
| 20 | | (5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)
| 21 | | Sec. 10-15. Standard of proof. Unless otherwise provided by | 22 | | law or
stated in the agency's rules, the standard of proof in |
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| 1 | | any administrative contested case
hearing conducted under this | 2 | | Act by an agency shall be the preponderance of
the evidence.
| 3 | | (Source: P.A. 87-823.)
| 4 | | (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
| 5 | | Sec. 10-20. Qualifications of administrative law judges. | 6 | | Agencies All agencies
shall adopt rules concerning the minimum | 7 | | qualifications of administrative
law judges for administrative | 8 | | contested case hearings not subject to Article 12 of this Act . | 9 | | The agency head or an attorney
licensed to practice law in | 10 | | Illinois may act as an administrative law judge
or panel for an | 11 | | agency without adopting any rules under this Section. The
These | 12 | | rules may be adopted using the procedures in either Section | 13 | | 5-15 or 5-35.
| 14 | | (Source: P.A. 87-823.)
| 15 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| 16 | | Sec. 10-25. Notice of contested Contested cases; | 17 | | administrative notice ; hearing.
| 18 | | (a) In a contested case, all parties shall be afforded an | 19 | | opportunity for an administrative
a hearing after reasonable | 20 | | notice. The notice shall be served personally , served
or by | 21 | | certified or registered mail , served by electronic mail as | 22 | | provided by Section 10-75, or served as otherwise provided by | 23 | | law upon the
parties or their agents appointed to receive | 24 | | service of process and shall
include the following:
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| 1 | | (1) A statement of the time, place, and nature of the | 2 | | administrative
hearing.
| 3 | | (2) A statement of the legal authority and jurisdiction | 4 | | under
which the administrative hearing is to be held.
| 5 | | (3) A reference to the particular Sections of the | 6 | | substantive and
procedural statutes and
rules involved.
| 7 | | (4) Except where a more detailed statement is otherwise | 8 | | provided
for by law, a short and plain statement of the | 9 | | matters asserted, the period within which a response is | 10 | | required, the
consequences of a failure to timely respond, | 11 | | and the official file or other
reference number.
| 12 | | (5) To the extent such information is available, The | 13 | | names , phone numbers, email addresses, and mailing | 14 | | addresses of the administrative law judge or designated | 15 | | agency contact ,
all parties, and all other persons to whom | 16 | | the agency is required to give gives notice of the | 17 | | administrative
hearing unless otherwise confidential by | 18 | | law.
| 19 | | (b) An opportunity shall be afforded all parties to be | 20 | | represented by
legal counsel and to respond and present | 21 | | evidence and argument. Except as otherwise provided by law, an | 22 | | administrative law judge may conduct all or part of an | 23 | | administrative hearing by telephone, video conference, or | 24 | | other electronic means.
| 25 | | (c) Unless precluded by law, disposition may be made of any | 26 | | contested
case by stipulation, agreed settlement, consent |
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| 1 | | order, or default.
| 2 | | (Source: P.A. 87-823 .)
| 3 | | (5 ILCS 100/10-35) (from Ch. 127, par. 1010-35)
| 4 | | Sec. 10-35. Record in contested cases.
| 5 | | (a) The record in a contested case shall include the | 6 | | following:
| 7 | | (1) All pleadings (including all notices and responses
| 8 | | thereto), motions, and rulings.
| 9 | | (2) All evidence received.
| 10 | | (3) A statement of matters officially noticed.
| 11 | | (4) Any offers of proof, objections, and rulings | 12 | | thereon.
| 13 | | (5) Any proposed findings and exceptions.
| 14 | | (6) Any decision, opinion, or report by the | 15 | | administrative law judge.
| 16 | | (7) All staff memoranda or data submitted to the | 17 | | administrative law
judge or members of the agency in | 18 | | connection with their consideration of
the case that are | 19 | | inconsistent with Section 10-60.
| 20 | | (8) Any communication prohibited by Section 10-60. No | 21 | | such
communication shall form the basis for any finding of | 22 | | fact.
| 23 | | (b) Oral proceedings or any part thereof shall be recorded
| 24 | | stenographically or by other means that will adequately insure | 25 | | the
preservation of the testimony or oral proceedings and shall |
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| 1 | | be transcribed
on the request of any party.
| 2 | | (c) Findings of fact shall be based exclusively on the | 3 | | evidence admitted and on
matters officially noticed.
| 4 | | (Source: P.A. 87-823 .)
| 5 | | (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
| 6 | | Sec. 10-45. Proposal for decision. Except where otherwise | 7 | | expressly
provided by law, when in a contested case a majority | 8 | | of the officials of
the agency who are to render the final | 9 | | decision has not heard the case or
read the record, the | 10 | | decision, if adverse to a party to the proceeding
other than | 11 | | the agency, shall not be made until a proposal for decision is
| 12 | | served upon the parties and an opportunity is afforded to each | 13 | | party
adversely affected to file exceptions and to present a | 14 | | brief and, if the
agency so permits, oral argument to the | 15 | | agency officials who are to render
the decision. The proposal | 16 | | for decision shall contain a statement of the
reasons therefor | 17 | | and of each issue of fact or law necessary to the proposed
| 18 | | decision and shall be prepared by the persons who conducted the | 19 | | administrative hearing or
one who has read the record.
| 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 |
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| 1 | | stated on in the record. A final
decision shall include | 2 | | findings of fact and conclusions of law, separately
stated. | 3 | | Findings of fact, if set forth in statutory language, shall be
| 4 | | accompanied by a concise and explicit statement of the | 5 | | underlying facts
supporting the findings. If, in accordance | 6 | | with agency rules, a party
submitted proposed findings of fact, | 7 | | the decision shall include a ruling
upon each proposed finding. | 8 | | Parties or their agents appointed to receive
service of process | 9 | | shall be notified of any decision or order either personally , | 10 | | or by registered or
certified mail , by electronic mail as | 11 | | provided by Section 10-75, or as otherwise provided by law of | 12 | | any decision or order . Upon request a copy of the
decision or | 13 | | order shall be delivered or mailed forthwith to each party and
| 14 | | to his attorney of record.
| 15 | | (b) All agency orders shall specify whether they are final | 16 | | and subject
to the Administrative Review Law. Every final order | 17 | | shall contain a list of all parties of record to the case | 18 | | including the name and address of the agency or officer | 19 | | entering the order and the name and addresses of each party as | 20 | | known to the agency where the parties may be served with | 21 | | pleadings, notices, or service of process for any review or | 22 | | further proceedings. Every final order shall also state whether | 23 | | the rules of the agency require any motion or request for | 24 | | reconsideration and cite the rule for the requirement. The | 25 | | changes made by this amendatory Act of the 100th General | 26 | | Assembly apply to all actions filed under the Administrative |
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| 1 | | Review Law on or after the effective date of this amendatory | 2 | | Act of the 100th General Assembly.
| 3 | | (c) A decision by any agency in a contested case under this | 4 | | Act shall be
void unless the proceedings are conducted in | 5 | | compliance with the provisions
of this Act relating to | 6 | | contested cases, except to the extent those provisions
are | 7 | | waived under Section 10-70 and except to the extent the
agency | 8 | | has adopted its own rules for contested cases as authorized in | 9 | | Section
1-5 .
| 10 | | (Source: P.A. 100-212, eff. 8-18-17.)
| 11 | | (5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)
| 12 | | Sec. 10-60. Ex parte communications.
| 13 | | (a) Except in the disposition of matters that agencies are | 14 | | authorized by
law to entertain or dispose of on an ex parte | 15 | | basis, final decision makers agency heads, agency
employees, | 16 | | and administrative law judges shall not , after notice of | 17 | | hearing
in a contested case or licensing to which the | 18 | | procedures of a contested
case apply under this Act, | 19 | | communicate, directly or indirectly , with any individual or | 20 | | party imparting or requesting material information or making a | 21 | | material argument regarding a contested case without , in
| 22 | | connection with any issue of fact, with any person or party, or | 23 | | in
connection with any other issue with any party or the | 24 | | representative of any
party, except upon notice and opportunity | 25 | | for all parties to participate. Any such communication shall be |
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| 1 | | made part of the record of the pending matter, including all | 2 | | written communications, all written responses to the | 3 | | communications, and a memorandum stating the substance of all | 4 | | oral communications, all responses made, and the identity of | 5 | | each person from whom the ex parte communication was received.
| 6 | | (b) An administrative law judge or final decision maker | 7 | | However, an agency member may communicate with individuals | 8 | | within the agency about a contested case, so long as the | 9 | | individual has not served as investigator, prosecutor, or | 10 | | advocate at any stage of the case, and if the communication | 11 | | does not affect the evidence in the record other members of
the | 12 | | agency, and an agency member or administrative law judge may | 13 | | have
the aid and advice of one or more personal assistants . | 14 | | Communications regarding matters of procedure and practice, | 15 | | such as the format of pleadings, number of copies required, | 16 | | manner of service, scheduling, and status of proceedings, are | 17 | | not considered ex parte communications under this Section.
| 18 | | (c) (Blank). An ex parte communication received by any | 19 | | agency head, agency
employee, or administrative law judge shall | 20 | | be made a part of the record of
the pending matter, including | 21 | | all written communications, all written
responses to the | 22 | | communications, and a memorandum stating the substance of
all | 23 | | oral communications and all responses made and the identity of | 24 | | each
person from whom the ex parte communication was received.
| 25 | | (d) (Blank). Communications regarding matters of procedure | 26 | | and practice, such
as the format of pleadings, number of copies |
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| 1 | | required, manner of service,
and status of proceedings, are not | 2 | | considered ex parte communications under
this Section.
| 3 | | (Source: P.A. 87-823.)
| 4 | | (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
| 5 | | Sec. 10-65. Licenses.
| 6 | | (a) When any licensing is required by law to be preceded by | 7 | | notice and
an opportunity for an administrative a hearing, the | 8 | | provisions of this Act concerning
contested cases shall apply.
| 9 | | (b) When a licensee has made timely and sufficient | 10 | | application for
the renewal of a license or a new license with | 11 | | reference to any activity
of a continuing nature, the existing | 12 | | license shall continue in full
force and effect until the final | 13 | | agency decision on the application has
been made unless a later | 14 | | date is fixed by order of a reviewing court or the agency has | 15 | | summarily suspended the license under subsection (e) .
| 16 | | (c) An application for a new license
shall include the | 17 | | applicant's social security number, which shall be retained in | 18 | | the agency's records pertaining to the license. As soon as | 19 | | practical, an agency must assign a customer identification | 20 | | number to each applicant for a license that the applicant may | 21 | | use in place of his or her social security number on the | 22 | | application for a license or renewal of a license. A licensee's | 23 | | social security number shall not appear on the face of his or | 24 | | her license. | 25 | | Regarding compliance with child support orders, the |
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| 1 | | following requirements shall apply: | 2 | | (1) Each agency shall require
the applicant or the | 3 | | licensee to certify on the
application or renewal form, | 4 | | under penalty of perjury, that he or she is not more than
| 5 | | 30 days delinquent in complying with a child support order. | 6 | | Every
application or renewal form shall state that failure | 7 | | to so certify shall result in
disciplinary action, and that | 8 | | making a false statement may subject
the applicant or | 9 | | licensee
to contempt of court. | 10 | | (2) The agency shall notify each applicant or licensee
| 11 | | who
acknowledges a delinquency or who, contrary to his or | 12 | | her certification, is
found to be delinquent or who after | 13 | | receiving notice, fails to comply with a
subpoena or | 14 | | warrant relating to a paternity or a child support | 15 | | proceeding,
that the agency intends to take disciplinary
| 16 | | action. Accordingly, the agency shall provide written | 17 | | notice of the facts
or conduct upon which the agency will | 18 | | rely to support its proposed action
and the applicant or | 19 | | licensee shall be given an opportunity for an | 20 | | administrative a hearing
in accordance
with the provisions | 21 | | of the Act concerning contested cases. | 22 | | (3) Any delinquency
in complying with a child support | 23 | | order can be remedied by arranging for
payment of past due | 24 | | and current support. Any failure to comply with a
subpoena | 25 | | or warrant relating to a paternity or child support | 26 | | proceeding can be
remedied by complying with the subpoena |
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| 1 | | or warrant. | 2 | | (4) Upon a final finding of
delinquency or failure to | 3 | | comply with a subpoena or warrant, the agency
shall | 4 | | suspend, revoke, or refuse to issue or renew the license.
| 5 | | (A) In cases in which the Department of Healthcare | 6 | | and Family Services (formerly Department of Public | 7 | | Aid) has previously determined that
an applicant or a
| 8 | | licensee is more than 30 days delinquent in the
payment
| 9 | | of child support and has subsequently certified the | 10 | | delinquency to the
licensing agency,
and in cases in | 11 | | which a court has previously determined that an | 12 | | applicant or
licensee has
been in violation of the | 13 | | Non-Support Punishment Act
for more than 60 days,
the | 14 | | licensing agency shall refuse to issue or
renew or | 15 | | shall
revoke or suspend that person's license based | 16 | | solely upon the certification of
delinquency made
by
| 17 | | the Department of Healthcare and Family Services | 18 | | (formerly
Department of Public Aid) or the | 19 | | certification of violation made by the
court. Further | 20 | | process, hearings, or
redetermination of the | 21 | | delinquency or violation by the
licensing agency shall | 22 | | not be required. | 23 | | (B) The licensing agency may issue or
renew a | 24 | | license if the licensee has arranged for payment of
| 25 | | past and current child support obligations in a manner | 26 | | satisfactory to
the
Department of Healthcare and |
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| 1 | | Family Services (formerly Department of Public Aid) or | 2 | | the court. The licensing agency may impose
conditions,
| 3 | | restrictions, or disciplinary action upon that | 4 | | license.
| 5 | | (d) Except as provided in subsection (c), no agency shall | 6 | | revoke,
suspend, annul, withdraw, amend
materially, or refuse | 7 | | to renew any valid license without first giving
written notice | 8 | | to the licensee of the facts or conduct upon which the
agency | 9 | | will rely to support its proposed action and an opportunity for | 10 | | an administrative
a hearing in accordance with the provisions | 11 | | of this Act concerning
contested cases. At the administrative | 12 | | hearing, the licensee shall have the right
to show compliance | 13 | | with all lawful requirements for the retention,
continuation, | 14 | | or renewal of the license. If, however, the agency finds
that | 15 | | the public interest, safety, or welfare imperatively requires
| 16 | | emergency action, and if the agency incorporates a finding to | 17 | | that
effect in its order, summary suspension of a license may | 18 | | be ordered
pending proceedings for revocation or other action. | 19 | | Those proceedings
shall be promptly instituted and determined.
| 20 | | (e) Any application for renewal of a license that contains
| 21 | | required and relevant information, data, material, or | 22 | | circumstances that
were not contained in an application for the | 23 | | existing license shall be
subject to the provisions of | 24 | | subsection (a).
| 25 | | (Source: P.A. 96-328, eff. 8-11-09; 97-400, eff. 1-1-12.)
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| 1 | | (5 ILCS 100/10-75 new) | 2 | | Sec. 10-75. Collection of email addresses. | 3 | | (a) The following requirements shall apply to the | 4 | | collection of email addresses under this Act: | 5 | | (1) At any time either before or after its issuance of | 6 | | a hearing notice as described in Section 10-25, an agency | 7 | | may require any attorney representing a party to the | 8 | | hearing to provide one or more email addresses at which | 9 | | they consent to accept service of the documents described | 10 | | in Sections 10-25 and 10-50 in connection with the hearing. | 11 | | A party represented by an attorney may provide the email | 12 | | address of the attorney. | 13 | | (2) To the extent a person or entity is subject to | 14 | | licensure, permitting, or regulation by an agency or | 15 | | submits an application for licensure or permitting to an | 16 | | agency, that agency may require, as a condition of | 17 | | application, licensure, permitting, or regulation, that | 18 | | such persons or entities consent to service by email of the | 19 | | documents described in Sections 10-25 and 10-50 in | 20 | | connection with any hearings that may arise under this | 21 | | paragraph (2) in connection with an application, licensure | 22 | | or regulation, provided that the agency: (i) requires that | 23 | | any person or entity providing an email address, update the | 24 | | email address if it is changed; and (ii) periodically | 25 | | verifies the email address. | 26 | | (3) At any time either before or after its issuance of |
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| 1 | | a hearing notice, as described in Section 10-25, an agency | 2 | | may request, but not require, an unrepresented party that | 3 | | is not subject to paragraph (2), to consent to accept | 4 | | service via email of the documents described in Sections | 5 | | 10-25 and 10-50 by designating an email address at which | 6 | | they will accept service. | 7 | | (4) Any person or entity who submits an email address | 8 | | under this Section shall also be given the option to | 9 | | designate no more than 2 secondary email addresses at which | 10 | | the person or entity consents to accept service, provided | 11 | | that, if any secondary email address is designated, an | 12 | | agency must serve the documents to both the designated | 13 | | primary and secondary email addresses. | 14 | | (b) Notwithstanding any party's consent to accept service | 15 | | via email, no document described in Sections 10-25 or 10-50 may | 16 | | be served by email to the extent the document contains: | 17 | | (1) a Social Security number or individual | 18 | | taxpayer-identification number; | 19 | | (2) a driver's license number; | 20 | | (3) a financial account number; | 21 | | (4) a debit or credit card number; | 22 | | (5) any other information that could reasonably be | 23 | | deemed personal, proprietary, confidential, or trade | 24 | | secret information; or | 25 | | (6) any information about or concerning a minor. | 26 | | (c) Service by email is deemed complete on the day of |
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| 1 | | transmission. Agencies that use email to serve documents under | 2 | | 10-25 and 10-50 shall adopt rules that specify the standard for | 3 | | confirming delivery, and failing that confirmation, what steps | 4 | | the agency will take to ensure that service by email or other | 5 | | means is accomplished. | 6 | | (5 ILCS 100/Art. 12 heading new) | 7 | | ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS | 8 | | (5 ILCS 100/12-5 new) | 9 | | Sec. 12-5. Applicability. This Article applies to all | 10 | | agencies under the jurisdiction of the Governor other than the | 11 | | following: | 12 | | the Illinois Labor Relations Board; | 13 | | the Illinois Educational Labor Relations Board; | 14 | | the Illinois Commerce Commission; | 15 | | the Illinois Workers' Compensation Commission; | 16 | | the Civil Service Commission; | 17 | | the Pollution Control Board; | 18 | | the State Police Merit Board; | 19 | | the Property Tax Appeal Board; | 20 | | the State Board of Elections; and | 21 | | the Illinois Independent Tax Tribunal. | 22 | | (5 ILCS 100/12-10 new) | 23 | | Sec. 12-10. Office of Administrative Hearings. |
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| 1 | | (a) The Office of Administrative Hearings, hereinafter | 2 | | referred to as the Office, is established as an independent | 3 | | subdivision within the Department of Central Management | 4 | | Services for the purpose of improving public trust and | 5 | | confidence in administrative
adjudication by: | 6 | | (1) separating the adjudicatory function from the | 7 | | investigatory, prosecutory, and policy-making functions of | 8 | | agencies in the executive branch; | 9 | | (2) establishing a professional corps of | 10 | | administrative law judges; | 11 | | (3) establishing greater uniformity in the rules of | 12 | | procedure and evidence in administrative adjudication; and | 13 | | (4) eliminating unnecessary and duplicative costs in | 14 | | administrative adjudication. | 15 | | (b) The Office is responsible for conducting | 16 | | administrative hearings in accordance with the legislative | 17 | | intent expressed by this Act, with administrative support from | 18 | | the Department of Central Management Services. | 19 | | (c) The Office is under the supervision and direction of a | 20 | | Chief Administrative Law Judge, who shall be appointed by the | 21 | | Governor, by and with the advice and consent of the Senate. The | 22 | | Chief Administrative Law Judge, as a condition of appointment, | 23 | | must have been admitted to practice law in the State of | 24 | | Illinois for at least 10 years, must have substantial knowledge | 25 | | and experience suitable to the duties of the Office, and may be | 26 | | removed only for good cause following notice and an opportunity |
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| 1 | | for an adjudicative hearing. | 2 | | (d) The Chief Administrative Law Judge must maintain his or | 3 | | her principal office in Springfield and may maintain any other | 4 | | offices that may be necessary. | 5 | | (e) The Department of Central Management Services shall | 6 | | purchase or lease any equipment and supplies that may be | 7 | | necessary to carry out the duties of the Office, and must | 8 | | maintain records and files of the work of the Office. | 9 | | (f) The Office of Administrative Hearings by and through | 10 | | the Chief Administrative Law Judge and any administrative law | 11 | | judge under this Article is empowered to subpoena and bring
| 12 | | before it, him, or her any person in this State and to take | 13 | | testimony, in person or otherwise, upon payment of the same | 14 | | fees, and in the same manner as prescribed for circuit court | 15 | | proceedings by Supreme Court Rule and under the Code of Civil | 16 | | Procedure. The term "administrative law judge" as used in this | 17 | | Article means an administrative law judge as defined in Section | 18 | | 1-15 who is an employee of the Office. | 19 | | (g) The Office may enter into an interagency agreement with | 20 | | any agency to furnish administrative law judges to conduct | 21 | | administrative hearings not otherwise required to be conducted | 22 | | by the Office. The Office may also enter into an agreement with | 23 | | a unit of local government or school district to furnish | 24 | | administrative law judges to conduct administrative hearings. | 25 | | (h) Any finding, determination, ruling, or order issued as | 26 | | result of any hearing conducted for any public entity subject |
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| 1 | | to or contracted for under this Article shall have the same | 2 | | status and be subject to the same conditions and limitations as | 3 | | if conducted by that public entity. That public entity shall | 4 | | remain the proper party named and served in any action in | 5 | | administrative review under the provisions of the | 6 | | Administrative Review Law or other review or appeal provision | 7 | | provided by law. For the purposes of this subsection (h), | 8 | | "public entity" means any agency, unit of local government, | 9 | | school district, or any other entity created under the laws of | 10 | | State or local government. | 11 | | (i) The Office must develop and institute a program of | 12 | | continuing education and training for administrative law | 13 | | judges and may permit administrative law judges and hearing | 14 | | examiners employed by other agencies to participate in its | 15 | | program. The Office shall also implement the Administrative Law | 16 | | Judge (ALJ) Code of Professional Conduct for its administrative | 17 | | law judges, and make periodic amendments as prudent. The Office | 18 | | may develop and institute other educational programs in the | 19 | | area of administrative law and procedure for the benefit of | 20 | | State employees and those who participate in administrative | 21 | | hearings. | 22 | | (5 ILCS 100/12-15 new) | 23 | | Sec. 12-15. Chief Administrative Law Judge term of office; | 24 | | salary. | 25 | | (a) The Chief Administrative Law Judge shall serve for a |
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| 1 | | term of 6 years, and shall hold office until a successor is | 2 | | appointed. | 3 | | (b) The Chief Administrative Law Judge shall receive an | 4 | | annual salary as set by the Governor, from time to time. | 5 | | (5 ILCS 100/12-20 new) | 6 | | Sec. 12-20. Oath. Each prospective Chief Administrative | 7 | | Law Judge, before taking office, must take and subscribe to the | 8 | | oath or affirmation prescribed by Section 3 of Article XIII of | 9 | | the Illinois Constitution, an executed copy of which must be | 10 | | filed with the Secretary of State. | 11 | | (5 ILCS 100/12-25 new) | 12 | | Sec. 12-25. Powers and duties of the Chief Administrative | 13 | | Law Judge. | 14 | | (a) The Chief Administrative Law Judge may employ such | 15 | | administrative law judges that are necessary to carry out the | 16 | | purposes of this Article. | 17 | | (b) Except as otherwise provided in Section 12-40, an | 18 | | administrative law judge must be admitted to practice law in | 19 | | this State and must have a demonstrated knowledge of and | 20 | | experience in administrative law and procedure that is suitable | 21 | | to the duties of the office. | 22 | | (c) The Chief Administrative Law Judge may contract for the | 23 | | services of an attorney to serve as a special administrative | 24 | | law judge when necessary. |
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| 1 | | (d) The Chief Administrative Law Judge may employ and | 2 | | direct other staff, including administrative, supervisory, | 3 | | clerical, and other specialized or technical personnel that may | 4 | | be necessary to carry out the purposes of this Article. | 5 | | (e) The Chief Administrative Law Judge must assign an | 6 | | administrative law judge for any proceeding that is required by | 7 | | this Article to be conducted by the Office and for any | 8 | | proceeding for which the Office has agreed to furnish an | 9 | | administrative law judge as provided in Section 12-10 of this | 10 | | Act. No agency may select any individual administrative law | 11 | | judge for any proceeding or reject any individual | 12 | | administrative law judge. | 13 | | (f) Any administrative law judge so assigned does not | 14 | | become an employee of the agency during the assignment and is | 15 | | not subject to the direction or the supervision of the agency | 16 | | to whose proceeding the administrative law judge has been | 17 | | assigned. In cases where the agency is a party to the hearing, | 18 | | it shall have all rights and privileges and be subject to the | 19 | | same limitations as all other parties to the hearing. | 20 | | (g) In assigning administrative law judges, the Chief | 21 | | Administrative Law Judge must, when possible, use personnel | 22 | | having knowledge, training, or experience in the field or | 23 | | subject matter of the hearing and assign administrative law | 24 | | judges primarily to the hearings of particular agencies on a | 25 | | long-term basis. The Chief Administrative Law Judge may act as | 26 | | an administrative law judge in a particular case when |
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| 1 | | appropriate under law. | 2 | | (h) If an administrative law judge becomes unavailable as a | 3 | | result of recusal, disqualification, or any other reason, the | 4 | | Chief Administrative Law Judge must assign another | 5 | | administrative law judge to preside at the administrative | 6 | | hearing. | 7 | | (i) The Chief Administrative Law Judge shall adopt under | 8 | | Article 5 of this Act uniform rules of procedure and evidence | 9 | | governing hearings conducted by the Office of Administrative | 10 | | Hearings. Rules adopted by the Chief Administrative Law Judge | 11 | | shall supersede any contrary rules adopted by agencies subject | 12 | | to this Article, except to the extent required by federal law | 13 | | or State statute. The Chief
Administrative Law Judge may adopt | 14 | | additional rules as necessary to carry out the powers and | 15 | | duties of the Office of Administrative Hearings. | 16 | | (j) The Chief Administrative Law Judge must: | 17 | | (1) annually collect information on administrative law | 18 | | and procedure in this State and must study administrative | 19 | | law and procedure for the purpose of improving the | 20 | | fairness, efficiency, and uniformity of administrative | 21 | | adjudicatory proceedings in this State; | 22 | | (2) monitor the quality and cost of State | 23 | | administrative hearings; and | 24 | | (3) annually report his or her findings and | 25 | | recommendations to the Governor and to the General Assembly | 26 | | no later than March 15 of each year. |
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| 1 | | (5 ILCS 100/12-30 new) | 2 | | Sec. 12-30. Proceedings. Beginning on July 1, 2018, an | 3 | | administrative law judge of the Office shall preside over any | 4 | | administrative hearing of any agency subject to this Article, | 5 | | except that an administrative hearing in a contested case | 6 | | commenced before July 1, 2018, and pending before an | 7 | | administrative law judge not transferred to the Office of | 8 | | Administrative Hearings by operation of Section 12-40 shall not | 9 | | be heard by an administrative law judge of the Office without | 10 | | the agreement of the parties. | 11 | | (5 ILCS 100/12-35 new) | 12 | | Sec. 12-35. Authority of administrative law judges. An | 13 | | administrative law judge assigned by the Office to preside over | 14 | | an administrative hearing shall have the authority to: | 15 | | (1) conduct a fair, impartial, and formal hearing | 16 | | following the applicable evidentiary standards; | 17 | | (2) control the conduct of the hearing to prevent | 18 | | irrelevant or immaterial discussion and take all necessary | 19 | | actions to avoid delay; | 20 | | (3) inform participants of their individual rights and | 21 | | responsibilities; | 22 | | (4) conduct pre-hearing conferences; | 23 | | (5) take necessary steps to ensure the development of a | 24 | | clear and complete record, preserve all documents and |
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| 1 | | evidence for the record, and provide for the recording of | 2 | | the hearing; | 3 | | (6) administer an oath or an affirmation to all | 4 | | witnesses, permit examination of any witness under oath, | 5 | | examine any of the witnesses at any time or request | 6 | | additional information from either party, set reasonable | 7 | | limits on the scope of testimony or argument, and determine | 8 | | the order of appearance of all parties; | 9 | | (7) issue subpoenas requested prior to the hearing; | 10 | | (8) rule upon all motions, objections, and other | 11 | | matters arising in the course of the hearing; | 12 | | (9) receive all evidence and testimony and rule on its | 13 | | admissibility, as well as require the production of any | 14 | | relevant document, witness, or other evidence the | 15 | | administrative law judge deems material or relevant to any | 16 | | issue, including, but not limited to, additional | 17 | | testimony, documents, exhibits, briefs, memoranda of law, | 18 | | or post-hearing briefs; | 19 | | (10) require cooperation by all parties and maintain | 20 | | order and decorum, which the administrative law judge may | 21 | | accomplish by ordering the removal of any person from the | 22 | | hearing who is creating a disturbance that disrupts the | 23 | | hearing, whether by physical actions, profanity, or | 24 | | conduct; and | 25 | | (11) enter orders as are just to address any violation | 26 | | of this Article, administrative rules adopted under |
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| 1 | | Article 5 of this Act, or the administrative law judge's | 2 | | rulings. | 3 | | (5 ILCS 100/12-40 new) | 4 | | Sec. 12-40. Ex parte communications. | 5 | | (a) Except in the disposition of matters that are | 6 | | authorized by law to be disposed of on an ex parte basis, | 7 | | administrative law judges of the Office shall not communicate, | 8 | | directly or indirectly, with any individual or party imparting | 9 | | or requesting material information or making a material | 10 | | argument regarding a contested case without notice and | 11 | | opportunity for all parties to participate. Any such | 12 | | communication shall be made part of the record of the pending | 13 | | matter, including all written communications, all written | 14 | | responses to the communications, and a memorandum stating the | 15 | | substance of all oral communications, all responses made, and | 16 | | the identity of each person from whom the ex parte | 17 | | communication was received. | 18 | | (b) Communications regarding matters of procedure and | 19 | | practice, such as the format of pleadings, number of copies | 20 | | required, manner of service, scheduling, and status of | 21 | | proceedings, are not considered ex parte communications under | 22 | | this Section. | 23 | | (c) An administrative law judge's communications with | 24 | | other employees of the Office are not considered ex parte | 25 | | communications under this Section. |
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| 1 | | (5 ILCS 100/12-45 new) | 2 | | Sec. 12-45. Proposed decisions. | 3 | | (a) When a majority of the members of an agency or of an | 4 | | examining, advisory, or disciplinary board has not heard a case | 5 | | with the administrative law judge, any proposed decision | 6 | | prepared by an administrative law judge of the Office is | 7 | | subject to this Section and Section 10-45 of this Act. | 8 | | (b) When an administrative law judge hears a case alone, he | 9 | | or she must prepare a decision. The administrative law judge | 10 | | must submit the decision to the agency or, in the case of | 11 | | proceedings that an examining, advisory, or disciplinary board | 12 | | is authorized by law to
hear and make a recommended decision, | 13 | | to the examining, advisory, or disciplinary board. | 14 | | (c) When an administrative law judge hears a case with an | 15 | | agency head or with an examining, advisory, or disciplinary | 16 | | board, the administrative law judge must be present during the | 17 | | consideration of the case and must, if requested by the agency | 18 | | or by the board, prepare a proposed decision and submit it to | 19 | | the agency or board. | 20 | | (d) In reviewing a proposed decision submitted by an | 21 | | administrative law judge of the Office, an agency head or an | 22 | | examining, advisory, or disciplinary board is not bound by the | 23 | | proposed decision and may adopt all, some, or none of the | 24 | | proposed decision as its recommended decision. If the agency | 25 | | head or examining, advisory, or disciplinary board does not |
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| 1 | | adopt the proposed decision in its entirety, it must either: | 2 | | (i) recommend a decision in the case based upon the record, | 3 | | including transcript; or (ii) remand the case to the same | 4 | | administrative law judge to take additional evidence. | 5 | | (e) If a case has been remanded to an administrative law | 6 | | judge to take additional evidence or to include more detailed | 7 | | findings of fact or conclusions of law, the administrative law | 8 | | judge must prepare a proposed decision upon the additional | 9 | | evidence, the transcript, and other papers that are part of the | 10 | | record of the prior hearing, and must submit the proposed | 11 | | decision to the agency or to the examining, advisory, or | 12 | | disciplinary board. If the administrative law judge who heard | 13 | | the case originally is unavailable to take the additional | 14 | | evidence, by reason of illness, disability, or because he or | 15 | | she is no longer employed by the Office, the Chief | 16 | | Administrative Law Judge must assign a different | 17 | | administrative law judge to take the additional evidence. | 18 | | (5 ILCS 100/12-50 new) | 19 | | Sec. 12-50. Transition. | 20 | | (a) The Governor shall appoint a Chief Administrative Law | 21 | | Judge to take office on July 1, 2018. | 22 | | (b) No later than January 1, 2019, each State agency must | 23 | | provide to the Chief Administrative Law Judge all relevant | 24 | | information concerning its hearings. This information shall | 25 | | include, but not be limited to, the following: |
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| 1 | | (1) hearing functions, including: (i) number of | 2 | | hearings and current status; and (ii) federal and State | 3 | | rules, regulations, and internal policies and procedures | 4 | | related to each type of program for which administrative | 5 | | hearings can be held; | 6 | | (2) personnel used as: (i) administrative law judges, | 7 | | hearing officers, hearing referees, or any other term used | 8 | | to refer to those who conduct administrative hearings, | 9 | | including contractors; and (ii) support staff or staff that | 10 | | otherwise provides input or support to the hearing process; | 11 | | (3) the appropriation and source of funding for all | 12 | | positions, equipment, services, and travel used in the | 13 | | hearing process; and | 14 | | (4) all property, including leases, for personnel | 15 | | involved in the hearing process. | 16 | | (c) All personnel principally involved in administrative | 17 | | hearings conducted by an agency subject to the provisions of | 18 | | this Act for at least one year before July 1, 2018, must be | 19 | | administratively transferred to the Office no later than June | 20 | | 30, 2019. | 21 | | (d) All equipment or other tangible property, in possession | 22 | | of agencies, used or held principally by personnel transferred | 23 | | under the Section must be transferred to the Office not later | 24 | | than July 1, 2019, unless the head of the agency and the Chief | 25 | | Administrative Law Judge determine the equipment or property | 26 | | will be more efficiently used by the agency if not |
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| 1 | | transferred. ".
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