Full Text of HB3085 100th General Assembly
HB3085 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3085 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED: |
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5 ILCS 100/10-25 | from Ch. 127, par. 1010-25 |
5 ILCS 100/10-50 | from Ch. 127, par. 1010-50 |
5 ILCS 100/10-75 new | |
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Amends the Illinois Administrative Procedure Act. Provides that notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses. Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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
| 17 | | hearing.
| 18 | | (2) A statement of the legal authority and jurisdiction | 19 | | 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 otherwise | 23 | | provided
for by law, a short and plain statement of the |
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| 1 | | matters asserted, the
consequences of a failure to respond, | 2 | | and the official file or other
reference number.
| 3 | | (5) The names and mailing addresses of the | 4 | | administrative law judge,
all parties, and all other | 5 | | persons to whom the agency gives notice of the
hearing | 6 | | unless otherwise confidential by law.
| 7 | | (b) An opportunity shall be afforded all parties to be | 8 | | represented by
legal counsel and to respond and present | 9 | | evidence and argument.
| 10 | | (c) Unless precluded by law, disposition may be made of any | 11 | | contested
case by stipulation, agreed settlement, consent | 12 | | order, or default.
| 13 | | (Source: P.A. 87-823 .)
| 14 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 15 | | Sec. 10-50. Decisions and orders.
| 16 | | (a) A final decision or order adverse to a party (other | 17 | | than the agency)
in a contested case shall be in writing or | 18 | | stated in the record. A final
decision shall include findings | 19 | | of fact and conclusions of law, separately
stated. Findings of | 20 | | fact, if set forth in statutory language, shall be
accompanied | 21 | | by a concise and explicit statement of the underlying facts
| 22 | | supporting the findings. If, in accordance with agency rules, a | 23 | | party
submitted proposed findings of fact, the decision shall | 24 | | include a ruling
upon each proposed finding. Parties or their | 25 | | agents appointed to receive
service of process shall be |
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| 1 | | notified either personally , or by registered or
certified mail , | 2 | | or by electronic mail of any decision or order. Upon request a | 3 | | copy of the
decision or order shall be delivered or mailed | 4 | | forthwith to each party and
to his attorney of record.
| 5 | | (b) All agency orders shall specify whether they are final | 6 | | and subject
to the Administrative Review Law.
| 7 | | (c) A decision by any agency in a contested case under this | 8 | | Act shall be
void unless the proceedings are conducted in | 9 | | compliance with the provisions
of this Act relating to | 10 | | contested cases, except to the extent those provisions
are | 11 | | waived under Section 10-70 and except to the extent the
agency | 12 | | has adopted its own rules for contested cases as authorized in | 13 | | Section
1-5.
| 14 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 15 | | (5 ILCS 100/10-75 new) | 16 | | Sec. 10-75. Service by electronic mail. | 17 | | (a) An agency may require all attorneys to designate an | 18 | | electronic mail address to which all documents required under | 19 | | Sections 10-25 and 10-50 may be transmitted. If required to | 20 | | designate an electronic mail address, an attorney must | 21 | | designate one primary electronic mail address, and may | 22 | | designate no more than 2 secondary electronic mail addresses. | 23 | | (b) An agency may request, but not require, an | 24 | | unrepresented party to designate an electronic mail address to | 25 | | which all documents required under Sections 10-25 and 10-50 may |
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| 1 | | be transmitted. An agency may by rule make electronic mail the | 2 | | default option for service of documents. | 3 | | (c) Service by electronic mail is complete on the first | 4 | | business day following transmission.
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