Full Text of HB3050 103rd General Assembly
HB3050ham001 103RD GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 3/1/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3050
| 2 | | AMENDMENT NO. ______. Amend House Bill 3050 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 10-10, 10-25, 10-45, 10-50, and | 6 | | 10-70 and by adding Section 10-25.1 as follows:
| 7 | | (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
| 8 | | Sec. 10-10. Components of rules. All agency rules | 9 | | establishing
procedures for contested cases shall at a minimum | 10 | | comply with the
provisions of this Article 10. In addition, | 11 | | agency rules establishing
procedures may include, but need not | 12 | | be limited to, the following
components: pre-hearing | 13 | | conferences, representation interview or deposition
| 14 | | procedures, default procedures, selection of administrative | 15 | | law judges, the
form of the final order, the standard of proof | 16 | | used, which agency official
makes the final decision, |
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| 1 | | representation of parties, procedure for requesting language | 2 | | assistance, subpoena request
procedures, discovery and | 3 | | protective order procedures, and any review or
appeal process | 4 | | within the agency.
| 5 | | (Source: P.A. 87-823.)
| 6 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| 7 | | Sec. 10-25. Contested cases; notice; hearing.
| 8 | | (a) In a contested case, all parties shall be afforded an | 9 | | opportunity for
a hearing after reasonable notice in the | 10 | | preferred spoken language of the parties, if known by the | 11 | | agency . The notice shall be served personally,
by certified or | 12 | | registered mail, by email as provided by Section 10-75, or 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
| 17 | | hearing.
| 18 | | (2) A statement of the legal authority and | 19 | | jurisdiction under
which the hearing is to be held.
| 20 | | (3) A reference to the particular Sections of the | 21 | | substantive and
procedural statutes and
rules involved.
| 22 | | (4) Except where a more detailed statement is | 23 | | otherwise provided
for by law, a short and plain statement | 24 | | of the matters asserted, the
consequences of a failure to | 25 | | respond, and the official file or other
reference number.
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| 1 | | (5) To the extent such information is available, the | 2 | | names, phone numbers, email addresses, and mailing | 3 | | addresses of the administrative law judge or designated | 4 | | agency contact,
the parties, and all other persons to whom | 5 | | the agency gives notice of the
hearing unless otherwise | 6 | | confidential by law.
| 7 | | (6) Instructions at the top of the notice, written in, | 8 | | at a minimum, English, Spanish, Polish, Gujarati, Urdu, | 9 | | Mandarin, Cantonese, Korean, and Tagalog, for receiving | 10 | | language assistance in translating the contents of the | 11 | | notice. | 12 | | (7) A statement written in, at a minimum, English, | 13 | | Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, | 14 | | Korean, and Tagalog, of the right to request an | 15 | | interpreter for the hearing. | 16 | | (b) An opportunity shall be afforded all parties to be | 17 | | represented by
legal counsel and to respond and present | 18 | | evidence and argument.
| 19 | | (c) Unless precluded by law, disposition may be made of | 20 | | any contested
case by stipulation, agreed settlement, consent | 21 | | order, or default.
| 22 | | (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
| 23 | | (5 ILCS 100/10-25.1 new) | 24 | | Sec. 10-25.1. Language Assistance. | 25 | | (a) "Language assistance" means oral interpretation or |
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| 1 | | written or sight translation into English of a language other | 2 | | than English or of English into another language for a party or | 3 | | witness who cannot speak or understand English or who can do so | 4 | | only with difficulty. "Sight translation" means the reading of | 5 | | text written in one language by an interpreter who orally | 6 | | translates it into another language. | 7 | | (b) The administrative law judge has the duty to inquire | 8 | | and determine if a participant in the hearing needs language | 9 | | assistance to participate in or understand the hearing. The | 10 | | fact that an individual for whom English is a second language | 11 | | knows some English should not prohibit that individual from | 12 | | being allowed to receive language assistance. The examination | 13 | | of the individual believed to be in need of language | 14 | | assistance must be done on the record, and the conclusion of | 15 | | the administrative law judge must be stated on the record. | 16 | | (c) Any party or witness has the right to request language | 17 | | assistance to participate in or understand the hearing at any | 18 | | time during the course of the hearing. | 19 | | (d) When language assistance is requested or determined to | 20 | | be necessary by the administrative law judge, the agency must | 21 | | appoint a certified, registered, or qualified interpreter, at | 22 | | no cost to the person in need of the assistance. If it appears | 23 | | that language assistance is needed but interpreters are not | 24 | | available for the scheduled hearing, the administrative law | 25 | | judge shall continue or postpone the hearing until appropriate | 26 | | services can be provided. An unregistered interpreter should |
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| 1 | | be appointed only if the agency made reasonable efforts to | 2 | | obtain a certified, registered, or qualified interpreter and | 3 | | is not reasonably available. If the agency appoints an | 4 | | unregistered interpreter, the administrative law judge must | 5 | | examine the interpreter on the record to ensure the | 6 | | interpreter is qualified to interpret in the hearing, has | 7 | | proficiency in English and the foreign language, and does not | 8 | | present a conflict of interest. | 9 | | (1) Interpreters on the registry established pursuant | 10 | | to Section 405-600 of the Department of Central Management | 11 | | Services Law are certified, registered, or qualified for | 12 | | purposes of this Section. | 13 | | (2) Court interpreters on the registry established | 14 | | pursuant to the Illinois Supreme Court Language Access | 15 | | Policy recommended lists of court interpreters are | 16 | | certified, registered, or qualified for purposes of this | 17 | | Section. | 18 | | (e) The appointed interpreter must swear or affirm that he | 19 | | or she: | 20 | | (1) will make a true interpretation in an | 21 | | understandable manner to the person for whom the | 22 | | interpreter has been appointed; | 23 | | (2) will repeat the statements of the person in need | 24 | | of interpretation assistance in the English language to | 25 | | the best of his or her ability; | 26 | | (3) has not had any involvement in the issues of the |
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| 1 | | case before the hearing; and | 2 | | (4) will not disclose privileged or confidential | 3 | | communications to any person. | 4 | | (f) If the party or witness in need of interpretation or an | 5 | | attorney or advocate involved in the proceeding concludes that | 6 | | the appointed interpreter is not interpreting communications | 7 | | correctly, they may request the appointment of a different | 8 | | interpreter.
| 9 | | (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
| 10 | | Sec. 10-45. Proposal for decision. Except where otherwise | 11 | | expressly
provided by law, when in a contested case a majority | 12 | | of the officials of
the agency who are to render the final | 13 | | decision has not heard the case or
read the record, the | 14 | | decision, if adverse to a party to the proceeding
other than | 15 | | the agency, shall not be made until a proposal for decision is
| 16 | | served upon the parties and an opportunity is afforded to each | 17 | | party
adversely affected to file exceptions and to present a | 18 | | brief and, if the
agency so permits, oral argument to the | 19 | | agency officials who are to render
the decision. The proposal | 20 | | for decision shall contain a statement of the
reasons therefor | 21 | | and of each issue of fact or law necessary to the proposed
| 22 | | decision and shall be prepared by the persons who conducted | 23 | | the hearing or
one who has read the record. Where an | 24 | | interpreter is appointed for a party in the hearing under | 25 | | Section 10-25.1, the agency must provide a translation of the |
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| 1 | | proposal for decision or provide an interpreter for sight | 2 | | translation of the proposal for decision to the party needing | 3 | | language assistance.
| 4 | | (Source: P.A. 87-823.)
| 5 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 6 | | Sec. 10-50. Decisions and orders.
| 7 | | (a) A final decision or order adverse to a party (other | 8 | | than the agency)
in a contested case shall be in writing or | 9 | | stated in the record. A final
decision shall include findings | 10 | | of fact and conclusions of law, separately
stated. Findings of | 11 | | fact, if set forth in statutory language, shall be
accompanied | 12 | | by a concise and explicit statement of the underlying facts
| 13 | | supporting the findings. If, in accordance with agency rules, | 14 | | a party
submitted proposed findings of fact, the decision | 15 | | shall include a ruling
upon each proposed finding. Parties or | 16 | | their agents appointed to receive
service of process shall be | 17 | | notified either personally, by registered or
certified mail, | 18 | | by email as provided by Section 10-75, or as otherwise | 19 | | provided by law. Upon request a copy of the
decision or order | 20 | | shall be delivered or mailed forthwith to each party and
to his | 21 | | attorney of record. Where an interpreter is appointed for a | 22 | | party in the hearing under Section 10-25.1, the agency must | 23 | | provide a translation of the proposal for decision or provide | 24 | | an interpreter to sight translate the proposal for decision to | 25 | | the party needing language assistance.
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| 1 | | (b) All agency orders shall specify whether they are final | 2 | | and subject
to the Administrative Review Law. Every final | 3 | | order shall contain a list of all parties of record to the case | 4 | | including the name and address of the agency or officer | 5 | | entering the order and the addresses of each party as known to | 6 | | the agency where the parties may be served with pleadings, | 7 | | notices, or service of process for any review or further | 8 | | proceedings. Every final order shall also state whether the | 9 | | rules of the agency require any motion or request for | 10 | | reconsideration and cite the rule for the requirement. The | 11 | | changes made by this amendatory Act of the 100th General | 12 | | Assembly apply to all actions filed under the Administrative | 13 | | Review Law on or after the effective date of this amendatory | 14 | | Act of the 100th General Assembly.
| 15 | | (c) A decision by any agency in a contested case under this | 16 | | Act shall be
void unless the proceedings are conducted in | 17 | | compliance with the provisions
of this Act relating to | 18 | | contested cases, except to the extent those provisions
are | 19 | | waived under Section 10-70 and except to the extent the
agency | 20 | | has adopted its own rules for contested cases as authorized in | 21 | | Section
1-5.
| 22 | | (Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19; | 23 | | 101-81, eff. 7-12-19.)
| 24 | | (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
| 25 | | Sec. 10-70. Waiver. |
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| 1 | | (a) Compliance with any or all of the provisions of
this | 2 | | Act concerning contested cases may be waived by written | 3 | | stipulation
of all parties.
| 4 | | (b) Where an administrative law judge has determined that | 5 | | a party needs language assistance to understand or participate | 6 | | in the hearing under Section 10-25.1, the parties must include | 7 | | a signed written stipulation in the preferred language of the | 8 | | party in need of language assistance. | 9 | | (c) A written stipulation waiving any of the provisions in | 10 | | Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about | 11 | | language assistance may be withdrawn by the party in need of | 12 | | language assistance by oral declaration at hearing or in a | 13 | | written declaration at any time. A withdrawal of the waiver, | 14 | | in compliance with this subsection (c), will require | 15 | | compliance of the language assistance provisions of this Act | 16 | | going forward in the proceeding. | 17 | | (Source: P.A. 87-823.)
| 18 | | Section 10. The Department of Central Management Services | 19 | | Law of the
Civil Administrative Code of Illinois is amended by | 20 | | adding Section 600 as follows: | 21 | | (20 ILCS 405/600 new) | 22 | | Sec. 600. Certification of administrative hearing | 23 | | interpreters. | 24 | | (a) The Department shall compile, maintain, and |
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| 1 | | disseminate a current registry of foreign language | 2 | | interpreters certified, qualified, and registered by the | 3 | | Department that meet the minimum standards in interpreting | 4 | | skills and linguistic abilities developed by the Department. | 5 | | Any certified, qualified, and registered interpreter listed | 6 | | may be examined by each employing agency to determine the | 7 | | interpreter's knowledge of the employing agency's technical | 8 | | program terminology and procedures. For purposes of this | 9 | | section, the following definitions apply: | 10 | | (1) "Certified interpreter" means a foreign language | 11 | | interpreter certified pursuant to the program established | 12 | | by the Department and listed on the Department's statewide | 13 | | registry. | 14 | | (2) "Qualified interpreter" means a foreign language | 15 | | interpreter qualified pursuant to the program established | 16 | | by the Department and listed on the Department's statewide | 17 | | registry. | 18 | | (3) "Registered interpreter" means a foreign language | 19 | | interpreter registered pursuant to the program established | 20 | | by the Department and listed on the Department's statewide | 21 | | registry. | 22 | | (b) The Department shall designate the languages for | 23 | | certification. The Department may stop providing an | 24 | | examination for the certification of a language if it finds | 25 | | that there is an insufficient need for interpreting assistance | 26 | | in the language using the criteria in subsection (c). |
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| 1 | | (c) The language designations shall be based on the | 2 | | following: | 3 | | (1) The language needs of non-English-speaking persons | 4 | | appearing before the administrative agencies as determined | 5 | | by consultation with the agencies. | 6 | | (2) The cost of developing a language examination. | 7 | | (3) The availability of experts needed to develop a | 8 | | language examination. | 9 | | (4) Other information the department deems relevant. | 10 | | (d) The Department may charge reasonable fees to | 11 | | interpreters for applying, testing, training, certification, | 12 | | registration, and renewal of registration. ".
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