Full Text of HB5119 100th General Assembly
HB5119 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5119 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/3-101 | from Ch. 110, par. 3-101 | 735 ILCS 5/3-101.5 new | | 735 ILCS 5/3-102 | from Ch. 110, par. 3-102 | 735 ILCS 5/3-103 | from Ch. 110, par. 3-103 | 735 ILCS 5/3-107 | from Ch. 110, par. 3-107 | 735 ILCS 5/3-110 | from Ch. 110, par. 3-110 | 735 ILCS 5/3-111 | from Ch. 110, par. 3-111 | 735 ILCS 5/3-113 | |
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Amends the Administrative Review Law of the Code of Civil Procedure. In the definition of "administrative decision", changes references to "parties" to "persons". Provides that administrative decisions made reviewable by statute and final administrative decisions for which there is no other adequate remedy in a court are subject to judicial review. Provides that a person suffering legal wrong because of an administrative decision, or adversely affected or aggrieved by an administrative decision, is entitled to judicial review of the administrative decision. Provides that the Administrative Review Law shall apply to and
govern every action to review judicially a final decision of any administrative
agency unless the action is governed by the procedures or provisions of another statute. Strikes language concerning the scope of the Administrative Review Law. Provides that every action to review a final administrative decision shall be
commenced by the filing of a complaint and the issuance of summons
within 60 (instead of 35) days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision. Makes other changes in Sections concerning commencement of action; defendants; scope of review; powers of the circuit court; and direct review of administrative orders by the appellate court. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 3-101, 3-102, 3-103, 3-107, 3-110, 3-111, and | 6 | | 3-113 and by adding Section 3-101.5 as follows:
| 7 | | (735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
| 8 | | Sec. 3-101. Definitions. For the purpose of this Act:
| 9 | | "Administrative agency" means a person, body of persons, | 10 | | group, officer,
board, bureau, commission or department (other | 11 | | than a court or judge) of the
State, or of any political | 12 | | subdivision of the State or municipal corporation in
the State, | 13 | | having power under law to make administrative
decisions.
| 14 | | "Administrative decision" or "decision" means any | 15 | | decision, order or
determination of any administrative agency | 16 | | rendered in a particular
case, which affects the legal rights, | 17 | | duties or privileges of persons parties
and which terminates | 18 | | the proceedings before the administrative agency.
In all cases | 19 | | in which a statute or a rule of the administrative agency
| 20 | | requires or permits an application for a rehearing or other | 21 | | method of
administrative review to be filed within a specified | 22 | | time (as
distinguished from a statute which permits the | 23 | | application for rehearing
or administrative review to be filed |
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| 1 | | at any time before judgment by the
administrative agency | 2 | | against the applicant or within a specified time
after the | 3 | | entry of such judgment), and an application for such rehearing
| 4 | | or review is made, no administrative decision of such agency | 5 | | shall be
final as to the person party applying therefor until | 6 | | such rehearing or review
is had or denied. However, if the | 7 | | particular statute permits an
application for rehearing or | 8 | | other method of administrative review to be
filed with the | 9 | | administrative agency for an indefinite period of time
after | 10 | | the administrative decision has been rendered (such as | 11 | | permitting
such application to be filed at any time before | 12 | | judgment by the
administrative agency against the applicant or | 13 | | within a specified time
after the entry of such judgment), then | 14 | | the authorization for the filing
of such application for | 15 | | rehearing or review shall not postpone the time
when the | 16 | | administrative decision as to which such application shall be
| 17 | | filed would otherwise become final, but the filing of the | 18 | | application
for rehearing or review with the administrative | 19 | | agency in this type of
case shall constitute the commencement | 20 | | of a new proceeding before such
agency, and the decision | 21 | | rendered in order to dispose of such rehearing
or other review | 22 | | proceeding shall constitute a new and independent
| 23 | | administrative decision. If such new and independent decision | 24 | | consists
merely of the denial of the application for rehearing | 25 | | or other method of
administrative review, the record upon | 26 | | judicial review of such decision
shall be limited to the |
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| 1 | | application for rehearing or other review and
the order or | 2 | | decision denying such application and shall not include the
| 3 | | record of proceedings had before the rendering of the | 4 | | administrative
decision as to which the application for | 5 | | rehearing or other
administrative review shall have been filed | 6 | | unless the suit for judicial
review is commenced within the | 7 | | time in which it would be authorized by
this Act to have been | 8 | | commenced if no application for rehearing or other
method of | 9 | | administrative review had been filed. On the other hand, if
the | 10 | | rehearing or other administrative review is granted by the
| 11 | | administrative agency, then the record on judicial review of | 12 | | the
resulting administrative decision rendered pursuant to the | 13 | | rehearing or
other administrative review may consist not only | 14 | | of the record of
proceedings had before the administrative | 15 | | agency in such rehearing or
other administrative review | 16 | | proceeding, but also of the record of
proceedings had before | 17 | | such administrative agency prior to its rendering
of the | 18 | | administrative decision as to which the rehearing or other
| 19 | | administrative review shall have been granted. The term | 20 | | "administrative
decision" or "decision" does not mean or | 21 | | include rules, regulations,
standards, or statements of policy | 22 | | of general application issued by an
administrative agency to | 23 | | implement, interpret, or make specific the
legislation | 24 | | enforced or administered by it unless such a rule,
regulation, | 25 | | standard or statement of policy is involved in a proceeding
| 26 | | before the agency and its applicability or validity is in issue |
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| 1 | | in such
proceeding, nor does it mean or include regulations | 2 | | concerning the
internal management of the agency not affecting | 3 | | private rights or
interests.
| 4 | | (Source: P.A. 92-651, eff. 7-11-02.)
| 5 | | (735 ILCS 5/3-101.5 new) | 6 | | Sec. 3-101.5. Right to judicial review. Administrative | 7 | | decisions made reviewable by statute and final administrative | 8 | | decisions for which there is no other adequate remedy in a | 9 | | court are subject to judicial review. A person suffering legal | 10 | | wrong because of an administrative decision, or adversely | 11 | | affected or aggrieved by an administrative decision, is | 12 | | entitled to judicial review of the administrative decision.
| 13 | | (735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
| 14 | | Sec. 3-102. Scope of Article. This Article III shall apply | 15 | | to and
govern every action to review judicially a final | 16 | | decision of any administrative
agency unless the action is | 17 | | governed by the procedures or provisions of another statute | 18 | | where the Act creating or conferring power on such agency, by | 19 | | express
reference, adopts the provisions of this Article III or | 20 | | its predecessor,
the Administrative Review Act . This Article | 21 | | shall be known as the
"Administrative Review Law". In all such | 22 | | cases, any other statutory, equitable
or common law mode of | 23 | | review of decisions of administrative agencies heretofore
| 24 | | available shall not hereafter be employed.
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| 1 | | Unless review is sought of an administrative decision | 2 | | within the time
and in the manner herein provided, the parties | 3 | | to the proceeding before
the administrative agency shall be | 4 | | barred from obtaining judicial review
of such administrative | 5 | | decision is barred . In an action to review any final
decision | 6 | | of any administrative agency brought under this Article III, if | 7 | | a
judgment is reversed or entered against the plaintiff, or the | 8 | | action is
voluntarily dismissed by the plaintiff, or the action | 9 | | is dismissed for want
of prosecution, or the action is | 10 | | dismissed by a United States District
Court for lack of | 11 | | jurisdiction, neither the plaintiff nor his or her heirs,
| 12 | | executors, or administrators may commence a new action within | 13 | | one year or
within the remaining period of limitation, | 14 | | whichever is greater. All
proceedings in the court for revision | 15 | | of such final decision shall terminate
upon the date of the | 16 | | entry of any Order under either Section 2-1009 or
Section | 17 | | 13-217. Such Order shall cause the final administrative | 18 | | decision of
any administrative agency to become immediately | 19 | | enforceable. If under the
terms of the Act governing the | 20 | | procedure before an administrative agency an
administrative | 21 | | decision has become final because of the failure to file any
| 22 | | document in the nature of objections, protests, petition for | 23 | | hearing or
application for administrative review within the | 24 | | time allowed by such Act, such
decision shall not be subject to | 25 | | judicial review hereunder excepting only for
the purpose of | 26 | | questioning the jurisdiction of the administrative agency over
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| 1 | | the person or subject matter.
| 2 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 3 | | (735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
| 4 | | Sec. 3-103. Commencement of action. Every action to review | 5 | | a final administrative decision shall be
commenced by the | 6 | | filing of a complaint and the issuance of summons
within 60 35 | 7 | | days from the date that a copy of the decision sought to be
| 8 | | reviewed was served upon the party affected by the decision and | 9 | | any person who requested notice of the decision , except that in | 10 | | municipalities with a population of 500,000 or less a complaint
| 11 | | filed within the time limit established by this Section may be | 12 | | subsequently
amended to add a police chief or a fire chief in | 13 | | cases brought under the
Illinois Municipal Code's provisions | 14 | | providing for the discipline of fire
fighters and police | 15 | | officers.
| 16 | | The method of
service of the decision shall be as provided | 17 | | in the Act governing the
procedure before the administrative | 18 | | agency, but if no method is
provided, a decision shall be | 19 | | deemed to have been served either when
a copy of the decision | 20 | | is personally delivered or when a copy of the decision
is | 21 | | deposited in the United States mail, in a sealed envelope or | 22 | | package, with
postage prepaid, addressed to the party affected | 23 | | by the decision at his or her
last known residence or place of | 24 | | business.
| 25 | | The form of the summons and the issuance of alias summons
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| 1 | | shall be according to rules of the Supreme Court.
| 2 | | This amendatory Act of 1993 applies to all cases involving | 3 | | discipline of
fire fighters and police officers pending on its | 4 | | effective date and to all
cases filed on or after its effective | 5 | | date.
| 6 | | The changes to this Section made by this amendatory Act of | 7 | | the 95th General Assembly apply to all actions filed on or | 8 | | after the effective date of this amendatory Act of the 95th | 9 | | General Assembly. | 10 | | (Source: P.A. 95-831, eff. 8-14-08.)
| 11 | | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
| 12 | | Sec. 3-107. Defendants.
| 13 | | (a) Except as provided in subsection (b) or (c), in any | 14 | | action to review any final
decision of an administrative | 15 | | agency, the administrative agency and any all
persons, other | 16 | | than the plaintiff, who were parties of record who are not | 17 | | plaintiffs to the
proceedings before the
administrative agency | 18 | | shall be made defendants. The method of service of the decision | 19 | | shall be as provided in the Act governing the procedure before | 20 | | the administrative agency, but if no method is provided, a | 21 | | decision shall be deemed to have been served either when a copy | 22 | | of the decision is personally delivered or when a copy of the | 23 | | decision is deposited in the United States mail, in a sealed | 24 | | envelope or package, with postage prepaid, addressed to the | 25 | | party affected by the decision at his or her last known |
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| 1 | | residence or place of business. The form of the summons and the | 2 | | issuance of alias summons shall be according to rules of the | 3 | | Supreme Court.
| 4 | | No action for administrative review shall be dismissed for | 5 | | lack of
jurisdiction: (1) based upon misnomer of an agency, | 6 | | board, commission, or party that is properly served with | 7 | | summons that was issued in the action within the applicable | 8 | | time limits; or (2) for a failure to name an employee, agent, | 9 | | or member, who
acted in his or her official capacity, of an | 10 | | administrative agency, board,
committee, or government entity | 11 | | where a timely action for administrative review has been filed | 12 | | that identifies the final administrative decision under review | 13 | | and that makes a good faith effort to properly name the | 14 | | administrative agency, board,
committee, or government entity. | 15 | | Naming the director or agency head, in his or her official
| 16 | | capacity, shall be deemed to include as defendant the | 17 | | administrative agency,
board, committee, or government entity | 18 | | that the named defendants direct or
head. No action for | 19 | | administrative review shall be dismissed for lack of
| 20 | | jurisdiction based upon the failure to name an administrative | 21 | | agency, board,
committee, or government entity, where the | 22 | | director or agency head, in his or
her official capacity, has | 23 | | been named as a defendant as provided in this
Section.
| 24 | | If, during the course of a review action, the court | 25 | | determines that an agency or a party
of record to the | 26 | | administrative proceedings was not made a defendant as
required |
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| 1 | | by the preceding paragraph, then the
court shall grant the | 2 | | plaintiff 35 days from the date of the determination in
which | 3 | | to name and serve the unnamed agency or party as a defendant. | 4 | | The court shall
permit the newly served defendant to | 5 | | participate in the proceedings to the
extent the interests of | 6 | | justice may require.
| 7 | | (b) With respect to actions to review decisions of a zoning | 8 | | board of
appeals under Division 13 of Article 11 of the | 9 | | Illinois Municipal Code, "parties of
record" means only the | 10 | | zoning board of appeals and applicants before the
zoning board | 11 | | of appeals. The plaintiff shall send a notice of filing of
the | 12 | | action by certified mail to each other person who appeared | 13 | | before and
submitted oral testimony or written statements to | 14 | | the zoning board of
appeals with respect to the decision | 15 | | appealed from. The notice shall be
mailed within 2 days of the | 16 | | filing of the action. The notice shall state
the caption of the | 17 | | action, the court in which the action is filed, and the
names | 18 | | of the plaintiff in the action and the applicant to the zoning | 19 | | board
of appeals. The notice shall inform the person of his or | 20 | | her right to
intervene. Each person who appeared before and | 21 | | submitted oral testimony
or written statements to the zoning | 22 | | board of appeals with respect to the
decision appealed from | 23 | | shall have a right to intervene as a defendant in
the action | 24 | | upon application made to the court within 30 days of the | 25 | | mailing
of the notice.
| 26 | | (c) With respect to actions to review decisions of a |
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| 1 | | hearing officer or a county zoning board of appeals under | 2 | | Division 5-12 of Article 5 of the Counties Code, "parties of | 3 | | record" means only the hearing officer or the zoning board of | 4 | | appeals and applicants before the hearing officer or the zoning | 5 | | board of appeals. The plaintiff shall send a notice of filing | 6 | | of the action by certified mail to each other person who | 7 | | appeared before and submitted oral testimony or written | 8 | | statements to the hearing officer or the zoning board of | 9 | | appeals with respect to the decision appealed from. The notice | 10 | | shall be mailed within 2 days of the filing of the action. The | 11 | | notice shall state the caption of the action, the court in | 12 | | which the action is filed, and the name of the plaintiff in the | 13 | | action and the applicant to the hearing officer or the zoning | 14 | | board of appeals. The notice shall inform the person of his or | 15 | | her right to intervene. Each person who appeared before and | 16 | | submitted oral testimony or written statements to the hearing | 17 | | officer or the zoning board of appeals with respect to the | 18 | | decision appealed from shall have a right to intervene as a | 19 | | defendant in the action upon application made to the court | 20 | | within 30 days of the mailing of the notice. This subsection | 21 | | (c) applies to zoning proceedings commenced on or after July 1, | 22 | | 2007 (the effective date of Public Act 95-321).
| 23 | | (d) The changes to this Section made by Public Act 95-831 | 24 | | apply to all actions filed on or after August 21, 2007 (the | 25 | | effective date of Public Act 95-831). The changes made by | 26 | | Public Act 100-212 this amendatory Act of the 100th General |
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| 1 | | Assembly apply to all actions filed on or after August 18, 2017 | 2 | | ( the effective date of Public Act 100-212) this amendatory Act | 3 | | of the 100th General Assembly . | 4 | | (Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17; | 5 | | revised 10-6-17.)
| 6 | | (735 ILCS 5/3-110) (from Ch. 110, par. 3-110)
| 7 | | Sec. 3-110. Scope of review. Every action to review any | 8 | | final administrative
decision shall be heard and determined by | 9 | | the court with all convenient speed.
The hearing and | 10 | | determination shall extend to all questions of law and fact
| 11 | | presented by the entire record before the court. No new or | 12 | | additional evidence regarding the merits of
in support of or in | 13 | | opposition to any finding, order, determination or decision
of | 14 | | the administrative agency shall be heard by the court. The | 15 | | findings and
conclusions of the administrative agency on | 16 | | questions of fact shall be held to
be prima facie true and | 17 | | correct.
| 18 | | (Source: P.A. 88-1.)
| 19 | | (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
| 20 | | Sec. 3-111. Powers of circuit court.
| 21 | | (a) The Circuit Court has power:
| 22 | | (1) with or without requiring bond (except if otherwise | 23 | | provided in
the particular statute under authority of which | 24 | | the administrative
decision was entered), and before or |
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| 1 | | after answer filed, upon notice to
the agency and good | 2 | | cause shown, to stay the decision of the
administrative | 3 | | agency in whole or in part pending the final disposition
of | 4 | | the case. For the purpose of this subsection, "good cause" | 5 | | requires the
applicant to show (i) that an immediate stay | 6 | | is required in order to preserve
the status quo without | 7 | | endangering the public, (ii) that it is not contrary to
| 8 | | public policy, and (iii) that there exists a reasonable | 9 | | likelihood of success
on the merits;
| 10 | | (2) to make any order that it deems proper for the | 11 | | amendment,
completion or filing of the record of | 12 | | proceedings of the administrative
agency;
| 13 | | (3) to allow substitution of parties by reason of | 14 | | marriage, death,
bankruptcy, assignment or other cause;
| 15 | | (4) to dismiss parties, to correct misnomers, | 16 | | including any erroneous identification of the | 17 | | administrative agency that was made in good faith, to | 18 | | realign parties, or to join agencies or parties;
| 19 | | (5) to affirm or reverse the decision in whole or in | 20 | | part;
| 21 | | (5.3) to hold unlawful and set aside administrative | 22 | | decisions found to be: | 23 | | (A) arbitrary, capricious, an abuse of discretion, | 24 | | or otherwise not in accordance with
law; | 25 | | (B) contrary to constitutional right, power, | 26 | | privilege, or immunity; |
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| 1 | | (C) in excess of statutory jurisdiction, | 2 | | authority, or limitations, or short of statutory
| 3 | | right; | 4 | | (D) without observance of procedure required by | 5 | | law; or | 6 | | (E) unsupported by substantial evidence; | 7 | | (5.5) to compel agency action unlawfully withheld or | 8 | | unreasonably delayed; | 9 | | (6) where a hearing has been held by the agency, to | 10 | | reverse and
remand the decision in whole or in part, and, | 11 | | in that case, to
state the questions requiring further | 12 | | hearing or proceedings and to give such
other instructions | 13 | | as may be proper;
| 14 | | (7) where a hearing has been held by the agency, to | 15 | | remand for the
purpose of taking additional evidence when | 16 | | from the state of the record
of the administrative agency | 17 | | or otherwise it shall appear that such
action is just. | 18 | | However, no remandment shall be made on the ground of
newly | 19 | | discovered evidence unless it appears to the satisfaction | 20 | | of the
court that such evidence has in fact been discovered | 21 | | subsequent to the
termination of the proceedings before the | 22 | | administrative agency and that
it could not by the exercise | 23 | | of reasonable diligence have been obtained
at such | 24 | | proceedings; and that such evidence is material to the | 25 | | issues
and is not cumulative;
| 26 | | (8) in case of affirmance or partial affirmance of an |
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| 1 | | administrative
decision which requires the payment of | 2 | | money, to enter judgment for the
amount justified by the | 3 | | record and for costs, which judgment may be enforced
as | 4 | | other judgments for the recovery of money;
| 5 | | (9) when the particular statute under authority of | 6 | | which the
administrative decision was entered requires the | 7 | | plaintiff to file a
satisfactory bond and provides for the | 8 | | dismissal of the action for the
plaintiff's failure to | 9 | | comply with this requirement unless the court is
authorized | 10 | | by the particular statute to enter, and does enter, an | 11 | | order
imposing a lien upon the plaintiff's property, to | 12 | | take such proofs and
to enter such orders as may be | 13 | | appropriate to carry out the provisions
of the particular | 14 | | statute. However, the court shall not
approve the bond, nor | 15 | | enter an order for the lien, in any amount which
is less | 16 | | than that prescribed by the particular statute under | 17 | | authority
of which the administrative decision was entered | 18 | | if the statute
provides what the minimum amount of the bond | 19 | | or lien shall be or
provides how said minimum amount shall | 20 | | be determined.
No such bond shall be approved by the court | 21 | | without notice
to, and an opportunity to be heard thereon | 22 | | by, the administrative agency
affected. The lien, created | 23 | | by the entry of a court
order in lieu of a bond, shall not | 24 | | apply to property exempted from the
lien by the particular | 25 | | statute under authority of which the
administrative | 26 | | decision was entered. The lien shall not be effective
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| 1 | | against real property whose title is registered under the | 2 | | provisions of
the Registered Titles (Torrens) Act until
the | 3 | | provisions of Section 85 of that Act are complied with.
| 4 | | (b) Technical errors in the proceedings before the | 5 | | administrative
agency or its failure to observe the technical | 6 | | rules of evidence shall
not constitute grounds for the reversal | 7 | | of the administrative decision
unless it appears to the court | 8 | | that such error or failure
materially affected the rights of | 9 | | any person party and resulted in substantial
injustice to him | 10 | | or her.
| 11 | | (c) On motion of either party to the judicial proceeding , | 12 | | the circuit court shall make findings
of fact or state the | 13 | | propositions of law upon which its judgment is
based.
| 14 | | (d) The changes to this Section made by Public Act 95-831 | 15 | | apply to all actions filed on or after August 21, 2007 (the | 16 | | effective date of Public Act 95-831). The changes made by this | 17 | | amendatory Act of the 100th General Assembly apply to all | 18 | | actions filed on or after the effective date of this amendatory | 19 | | Act of the 100th General Assembly. | 20 | | (Source: P.A. 100-212, eff. 8-18-17.)
| 21 | | (735 ILCS 5/3-113)
| 22 | | Sec. 3-113. Direct review of administrative orders by the | 23 | | appellate court.
| 24 | | (a) Unless another time is provided specifically by the law | 25 | | authorizing
the review, an action for direct review of a final |
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| 1 | | administrative decision of
an administrative agency by the | 2 | | appellate court shall be commenced by the
filing of a petition | 3 | | for review in the appellate court within 35 days from the
date | 4 | | that a copy of the decision sought to be reviewed was served | 5 | | upon the
party affected by the decision. The method of service | 6 | | of the decision shall be
as provided in the Act governing the | 7 | | procedure before the administrative
agency, but if no method is | 8 | | provided, a decision shall be deemed to have
been served either | 9 | | when a copy of the decision is personally delivered or
when a | 10 | | copy of the decision is deposited in the United States mail, in | 11 | | a sealed
envelope or package, with postage prepaid, addressed | 12 | | to the party affected by
the decision at his or her last known | 13 | | residence or place of business.
| 14 | | (b) The petition for review shall be filed in the
appellate | 15 | | court and shall specify the persons parties seeking review and | 16 | | shall
designate the respondent and the order or part thereof to | 17 | | be reviewed. The
administrative agency and all persons, other | 18 | | than the petitioner, who were parties of record to the
| 19 | | proceedings before the
administrative agency shall be made | 20 | | respondents , unless the party of record is the plaintiff . The | 21 | | method of service of the decision shall be as provided in the | 22 | | Act governing the procedure before the administrative agency, | 23 | | but if no method is provided, a decision shall be deemed to | 24 | | have been served either when a copy of the decision is | 25 | | personally delivered or when a copy of the decision is | 26 | | deposited in the United States mail, in a sealed envelope or |
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| 1 | | package, with postage prepaid, addressed to the party affected | 2 | | by the decision at his or her last known residence or place of | 3 | | business. The form of the summons and the issuance of alias | 4 | | summons shall be according to rules of the Supreme Court.
| 5 | | If, during the course of a review action, the court | 6 | | determines that an agency or a party
of record to the | 7 | | administrative proceedings was not made a defendant as
required | 8 | | by the preceding paragraph, then the
court shall grant the | 9 | | plaintiff 35 days from the date of the determination in
which | 10 | | to name and serve the unnamed agency or party as a defendant. | 11 | | The court shall
permit the newly served defendant to | 12 | | participate in the proceedings to the
extent the interests of | 13 | | justice may require.
| 14 | | (c) The changes to this Section made by this amendatory Act | 15 | | of the 95th General Assembly apply to all actions filed on or | 16 | | after the effective date of this amendatory Act of the 95th | 17 | | General Assembly. | 18 | | (Source: P.A. 95-831, eff. 8-14-08.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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