Full Text of HB5172 103rd General Assembly
HB5172ham001 103RD GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 4/26/2024 | | 10300HB5172ham001 | | LRB103 38136 BDA 72638 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5172
| 2 | | AMENDMENT NO. ______. Amend House Bill 5172 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, and 10-70 and by | 6 | | 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, procedures for requesting and | 2 | | receiving language access services, subpoena request | 3 | | procedures, discovery and protective order procedures, and any | 4 | | review or appeal process 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. The notice | 10 | | shall be served personally, by certified or registered mail, | 11 | | by email as provided by Section 10-75, or as otherwise | 12 | | provided by law upon the parties or their agents appointed to | 13 | | receive service of process and shall include the following: | 14 | | (1) A statement of the time, place, and nature of the | 15 | | hearing. | 16 | | (2) A statement of the legal authority and | 17 | | jurisdiction under which the hearing is to be held. | 18 | | (3) A reference to the particular Sections of the | 19 | | substantive and procedural statutes and rules involved. | 20 | | (4) Except where a more detailed statement is | 21 | | otherwise provided for by law, a short and plain statement | 22 | | of the matters asserted, the consequences of a failure to | 23 | | respond, and the official file or other reference number. | 24 | | (5) To the extent such information is available, the | 25 | | names, phone numbers, email addresses, and mailing |
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| 1 | | addresses of the administrative law judge or designated | 2 | | agency contact, the parties, and all other persons to whom | 3 | | the agency gives notice of the hearing unless otherwise | 4 | | confidential by law. | 5 | | (6) An enclosure written in, at a minimum, English, | 6 | | Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish, | 7 | | Russian, Spanish, Tagalog, Urdu, Ukrainian, and | 8 | | Vietnamese, which notifies the recipient of the ability | 9 | | for a party or the recipient's agent to request | 10 | | interpretive assistance to participate in or understand | 11 | | the hearing and to receive language access services for | 12 | | translating the contents of the notice. A request to | 13 | | receive a written or sight translation of the notice must | 14 | | be made within 7 days of service of the notice. | 15 | | (b) An opportunity shall be afforded all parties to be | 16 | | represented by legal counsel and to respond and present | 17 | | evidence and argument. | 18 | | (c) Unless precluded by law, disposition may be made of | 19 | | any contested case by stipulation, agreed settlement, consent | 20 | | order, or default. | 21 | | (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.) | 22 | | (5 ILCS 100/10-25.1 new) | 23 | | Sec. 10-25.1. Language access services. | 24 | | (a) As used in this Article: | 25 | | "Foreign language interpreter" means a person who is |
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| 1 | | fluent in both English and another language, who listens to a | 2 | | communication in one language and orally converts it into | 3 | | another language while retaining the same meaning, and who | 4 | | either (i) has satisfied the certification requirement set | 5 | | forth in Section 8a.2 of the Personnel Code or (ii) has been | 6 | | contracted with by the State or an agency to provide | 7 | | interpretive assistance in administrative hearings. A foreign | 8 | | language interpreter need not be physically present to provide | 9 | | interpretive assistance. | 10 | | "Indigent person" has the meaning given in subdivision | 11 | | (a)(2) of Section 5-105 of the Code of Civil Procedure. | 12 | | "Interpretive assistance" means services that involve | 13 | | listening to a communication in one language and orally | 14 | | converting that communication into another language while | 15 | | retaining the same meaning. | 16 | | "Language access services" means the full spectrum of | 17 | | language services available to provide meaningful access to | 18 | | the programs and services for limited English proficient | 19 | | persons, including, but not limited to, in-person interpreter | 20 | | services, telephonic and video remote interpreter services, | 21 | | translation of written materials, and bilingual staff | 22 | | services. | 23 | | "Limited English proficient person" means someone who | 24 | | speaks a language other than English as his or her primary | 25 | | language and has a limited ability to read, write, speak, or | 26 | | understand English and requires the assistance of a foreign |
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| 1 | | language interpreter to effectively communicate in a legal | 2 | | proceeding. | 3 | | "Nonsubstantive hearing" means a hearing to discuss | 4 | | hearing rules, hearing processes, hearing procedures, and | 5 | | hearing scheduling. A hearing in which a substantive ruling is | 6 | | made is not a nonsubstantive hearing. | 7 | | "Sight translation" means the conversion of written text | 8 | | in one language into another spoken language. | 9 | | "Substantive hearing" means a hearing in which a | 10 | | substantive ruling may be made. "Substantive hearing" includes | 11 | | a prehearing conference or formal hearing in which testimony | 12 | | or evidence is being taken. | 13 | | "Substantive ruling" means a ruling that directly relates | 14 | | to the merits of the case and does not include explanation of | 15 | | hearing rules, hearing processes, hearing procedures, or | 16 | | hearing scheduling. | 17 | | "Translator" means a person who converts written text from | 18 | | one language into written text in another language. | 19 | | "Written translation" means a conversion of written text | 20 | | from one language into written text in another language. | 21 | | (b) A self-represented litigant, a witness, or a litigant | 22 | | who is an indigent person has the right to request | 23 | | interpretive assistance to participate in or understand a | 24 | | hearing at any time during the course of the hearing. If no | 25 | | request is made but the administrative law judge reasonably | 26 | | believes that a self-represented litigant or witness is a |
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| 1 | | limited English proficient person, the administrative law | 2 | | judge shall inquire if the individual is in need of | 3 | | interpretive assistance to participate in or understand the | 4 | | hearing. The fact that an individual for whom English is a | 5 | | second language knows some English should not prohibit that | 6 | | individual from being allowed to receive interpretive | 7 | | assistance from a foreign language interpreter. The conclusion | 8 | | of the administrative law judge regarding the need for | 9 | | interpretive assistance must be stated in the record. | 10 | | (c) If interpretive assistance is requested by a | 11 | | self-represented litigant, a witness, or a litigant who is an | 12 | | indigent person or if interpretive assistance is determined to | 13 | | be necessary by the administrative law judge, the agency must | 14 | | appoint a foreign language interpreter at no cost to the | 15 | | person in need of the assistance for use in a substantive | 16 | | hearing. If it appears that interpretive assistance is needed | 17 | | but a foreign language interpreter is not available for the | 18 | | scheduled substantive hearing, the administrative law judge | 19 | | shall continue or postpone the hearing until appropriate | 20 | | services can be provided. In a substantive hearing, an | 21 | | interpreter who is not a foreign language interpreter should | 22 | | be appointed only if the agency made reasonable efforts to | 23 | | obtain a foreign language interpreter and one is not | 24 | | reasonably available. If the agency appoints an interpreter | 25 | | who is not a foreign language interpreter, the administrative | 26 | | law judge must examine the interpreter to ensure the |
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| 1 | | interpreter is competent to interpret in the hearing, has | 2 | | proficiency in English and the applicable foreign language, | 3 | | and does not present a conflict of interest. | 4 | | (d) An agency may provide interpretive assistance during a | 5 | | nonsubstantive hearing by use of an interpreter who is not a | 6 | | foreign language interpreter, provided the administrative law | 7 | | judge examines the interpreter for competency for the purposes | 8 | | of the non-substantive hearing. | 9 | | (e) All persons appointed to provide interpretive | 10 | | assistance in substantive and nonsubstantive hearings must | 11 | | swear or affirm that they: | 12 | | (1) will make a true interpretation, from the English | 13 | | language, in an understandable manner to the limited | 14 | | English proficient person for whom the interpreter has | 15 | | been appointed; | 16 | | (2) will repeat the statements of the limited English | 17 | | proficient person, in the English language, to the best of | 18 | | the interpreter's ability; | 19 | | (3) have not had any involvement in the issues of the | 20 | | case before the hearing; and | 21 | | (4) will not disclose privileged or confidential | 22 | | communications to any person. | 23 | | (f) If an appointed interpreter is not accurately | 24 | | interpreting communications, the limited English proficient | 25 | | person, or that person's attorney or authorized | 26 | | representative, if an authorized representative is permitted |
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| 1 | | under agency rules, may request the appointment of a different | 2 | | interpreter, subject to the approval of the administrative law | 3 | | judge. | 4 | | (g) An agency may adopt rules for the implementation and | 5 | | administration of this Section. Nothing in this Section | 6 | | precludes an agency from providing language access services in | 7 | | addition to those required under this Section to any limited | 8 | | English proficient person, subject to agency discretion. | 9 | | (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70) | 10 | | Sec. 10-70. Waiver. | 11 | | (a) Compliance with any or all of the provisions of this | 12 | | Act concerning contested cases may be waived by written | 13 | | stipulation of all parties. | 14 | | (b) To waive any of the provisions relating to language | 15 | | access services under Sections 10-25 and 10-25.1, the parties | 16 | | must provide a signed written stipulation in both English and | 17 | | the preferred language of the party in need of language | 18 | | assistance. | 19 | | (c) A written stipulation waiving the language access | 20 | | service provisions of Sections 10-25 and 10-25.1 of this Act | 21 | | may be withdrawn by the limited English proficient person at | 22 | | any time. The withdrawal may be made by oral declaration at | 23 | | hearing or in a written declaration. Following such a | 24 | | withdrawal, the remainder of the proceeding must be conducted | 25 | | in accordance with Sections 10-25 and 10-25.1. |
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| 1 | | (Source: P.A. 87-823.) | 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2025.". |
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