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91_SB0113sam001
LRB9100084MWmbam01
1 AMENDMENT TO SENATE BILL 113
2 AMENDMENT NO. . Amend Senate Bill 113 on page 1, by
3 replacing lines 5 through 30 with the following:
4 "Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 1-5, 1-15, 1-30, 10-5, 10-15,
6 10-20, 10-25, 10-45, 10-50, 10-60, and 10-65 and adding
7 Section 1-13 and Article 12 as follows:
8 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
9 Sec. 1-5. Applicability.
10 (a) This Act applies to every agency as defined in this
11 Act. Beginning January 1, 1978, in case of conflict between
12 the provisions of this Act and the Act creating or conferring
13 power on an agency, this Act shall control. If, however, an
14 agency (or its predecessor in the case of an agency that has
15 been consolidated or reorganized) has existing procedures on
16 July 1, 1977, specifically for contested cases or licensing,
17 those existing provisions control, except that this exception
18 respecting contested cases and licensing does not apply if
19 the Act creating or conferring power on the agency adopts by
20 express reference the provisions of this Act. Where the Act
21 creating or conferring power on an agency establishes
22 administrative procedures not covered by this Act, those
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1 procedures shall remain in effect.
2 (b) The provisions of this Act do not apply to (i)
3 preliminary hearings, investigations, or practices where no
4 final determinations affecting State funding are made by the
5 State Board of Education, (ii) legal opinions issued under
6 Section 2-3.7 of the School Code, (iii) as to State colleges
7 and universities, their disciplinary and grievance
8 proceedings, academic irregularity and capricious grading
9 proceedings, and admission standards and procedures, and (iv)
10 the class specifications for positions and individual
11 position descriptions prepared and maintained under the
12 Personnel Code. Those class specifications shall, however,
13 be made reasonably available to the public for inspection and
14 copying. The provisions of this Act do not apply to hearings
15 under Section 20 of the Uniform Disposition of Unclaimed
16 Property Act.
17 (c) Section 5-35 of this Act relating to procedures for
18 rulemaking does not apply to the following:
19 (1) Rules adopted by the Pollution Control Board
20 that, in accordance with Section 7.2 of the Environmental
21 Protection Act, are identical in substance to federal
22 regulations or amendments to those regulations
23 implementing the following: Sections 3001, 3002, 3003,
24 3004, 3005, and 9003 of the Solid Waste Disposal Act;
25 Section 105 of the Comprehensive Environmental Response,
26 Compensation, and Liability Act of 1980; Sections 307(b),
27 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
28 Water Pollution Control Act; and Sections 1412(b),
29 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
30 Water Act.
31 (2) Rules adopted by the Pollution Control Board
32 that establish or amend standards for the emission of
33 hydrocarbons and carbon monoxide from gasoline powered
34 motor vehicles subject to inspection under Section
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1 13A-105 of the Vehicle Emissions Inspection Law and rules
2 adopted under Section 13B-20 of the Vehicle Emissions
3 Inspection Law of 1995.
4 (3) Procedural rules adopted by the Pollution
5 Control Board governing requests for exceptions under
6 Section 14.2 of the Environmental Protection Act.
7 (4) The Pollution Control Board's grant, pursuant
8 to an adjudicatory determination, of an adjusted standard
9 for persons who can justify an adjustment consistent with
10 subsection (a) of Section 27 of the Environmental
11 Protection Act.
12 (5) Rules adopted by the Pollution Control Board
13 that are identical in substance to the regulations
14 adopted by the Office of the State Fire Marshal under
15 clause (ii) of paragraph (b) of subsection (3) of Section
16 2 of the Gasoline Storage Act.
17 (d) Pay rates established under Section 8a of the
18 Personnel Code shall be amended or repealed pursuant to the
19 process set forth in Section 5-50 within 30 days after it
20 becomes necessary to do so due to a conflict between the
21 rates and the terms of a collective bargaining agreement
22 covering the compensation of an employee subject to that
23 Code.
24 (e) Section 10-45 of this Act shall not apply to any
25 hearing, proceeding, or investigation conducted under Section
26 13-515 of the Public Utilities Act.
27 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
28 90-655, eff. 7-30-98.)
29 (5 ILCS 100/1-13 new)
30 Sec. 1-13. "Administrative hearing" means any hearing
31 required to comply with the provisions of this Act concerning
32 a contested case.
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1 (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)
2 Sec. 1-15. "Administrative law judge" means the
3 presiding officer or officers at the initial administrative
4 hearing before each agency and each continuation of that
5 administrative hearing. The term also includes but is not
6 limited to hearing examiners, hearing officers, referees, and
7 arbitrators.
8 (Source: P.A. 87-823.)
9 (5 ILCS 100/1-30) (from Ch. 127, par. 1001-30)
10 Sec. 1-30. "Contested case" means an adjudicatory
11 proceeding (not including ratemaking, rulemaking, or
12 quasi-legislative, informational, or similar proceedings) in
13 which the individual legal rights, duties, or privileges of a
14 party are required by law to be determined by an agency only
15 after an opportunity for an administrative a hearing.
16 (Source: P.A. 87-823.)
17 (5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
18 Sec. 10-5. Rules required for hearings. All agencies
19 shall adopt rules establishing procedures for administrative
20 contested case hearings.
21 (Source: P.A. 87-823.)
22 (5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)
23 Sec. 10-15. Standard of proof. Unless otherwise
24 provided by law or stated in the agency's rules, the standard
25 of proof in any administrative contested case hearing
26 conducted under this Act by an agency shall be the
27 preponderance of the evidence.
28 (Source: P.A. 87-823.)
29 (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
30 Sec. 10-20. Qualifications of administrative law judges.
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1 All Agencies shall adopt rules concerning the minimum
2 qualifications of administrative law judges for
3 administrative contested case hearings not subject to Article
4 12 of this Act. The agency head or an attorney licensed to
5 practice law in Illinois may act as an administrative law
6 judge or panel for an agency without adopting any rules under
7 this Section. The These rules may be adopted using the
8 procedures in either Section 5-15 or 5-35.
9 (Source: P.A. 87-823.)
10 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
11 Sec. 10-25. Notice of contested cases; administrative
12 notice; hearing.
13 (a) In a contested case, all parties shall be afforded
14 an opportunity for an administrative a hearing after
15 reasonable notice. The notice shall be served personally or
16 by certified or registered mail or as otherwise provided by
17 law upon the parties or their agents appointed to receive
18 service of process and shall include the following:
19 (1) A statement of the time, place, and nature of
20 the administrative hearing.
21 (2) A statement of the legal authority and
22 jurisdiction under which the administrative hearing is to
23 be held.
24 (3) A reference to the particular Sections of the
25 substantive and procedural statutes and rules involved.
26 (4) Except where a more detailed statement is
27 otherwise provided for by law, a short and plain
28 statement of the matters asserted, the consequences of a
29 failure to respond, and the official file or other
30 reference number.
31 (5) The names and mailing addresses of the
32 administrative law judge, all parties, and all other
33 persons to whom the agency gives notice of the
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1 administrative hearing unless otherwise confidential by
2 law.
3 (b) An opportunity shall be afforded all parties to be
4 represented by legal counsel and to respond and present
5 evidence and argument.
6 (c) Unless precluded by law, disposition may be made of
7 any contested case by stipulation, agreed settlement, consent
8 order, or default.
9 (Source: P.A. 87-823.)
10 (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
11 Sec. 10-45. Proposal for decision. Except where
12 otherwise expressly provided by law, when in a contested case
13 a majority of the officials of the agency who are to render
14 the final decision has not heard the case or read the
15 record, the decision, if adverse to a party to the proceeding
16 other than the agency, shall not be made until a proposal for
17 decision is served upon the parties and an opportunity is
18 afforded to each party adversely affected to file exceptions
19 and to present a brief and, if the agency so permits, oral
20 argument to the agency officials who are to render the
21 decision. The proposal for decision shall contain a
22 statement of the reasons therefor and of each issue of fact
23 or law necessary to the proposed decision and shall be
24 prepared by the persons who conducted the administrative
25 hearing or one who has read the record.
26 (Source: P.A. 87-823.)
27 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
28 Sec. 10-50. Decisions and orders.
29 (a) A final decision or order adverse to a party (other
30 than the agency) in a contested case shall be in writing or
31 stated on in the record. A final decision shall include
32 findings of fact and conclusions of law, separately stated.
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1 Findings of fact, if set forth in statutory language, shall
2 be accompanied by a concise and explicit statement of the
3 underlying facts supporting the findings. If, in accordance
4 with agency rules, a party submitted proposed findings of
5 fact, the decision shall include a ruling upon each proposed
6 finding. Parties or their agents appointed to receive
7 service of process shall be notified either personally or by
8 registered or certified mail of any decision or order. Upon
9 request a copy of the decision or order shall be delivered or
10 mailed forthwith to each party and to each his attorney of
11 record.
12 (b) All agency orders shall specify whether they are
13 final and subject to the Administrative Review Law.
14 (c) A decision by any agency in a contested case under
15 this Act shall be void unless the proceedings are conducted
16 in compliance with the provisions of this Act relating to
17 contested cases, except to the extent those provisions are
18 waived under Section 10-75 and except to the extent the
19 agency has adopted its own rules for contested cases as
20 authorized in Section 1-5.
21 (Source: P.A. 87-823.)
22 (5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)
23 Sec. 10-60. Ex parte communications.
24 (a) Except in the disposition of matters that agencies
25 are authorized by law to entertain or dispose of on an ex
26 parte basis, agency heads, agency employees, and
27 administrative law judges shall not, after notice of hearing
28 in a contested case or licensing to which the procedures of a
29 contested case apply under this Act, communicate, directly or
30 indirectly, in connection with any issue of fact, with any
31 person or party, or in connection with any other issue with
32 any party or the representative of any party, without except
33 upon notice and opportunity for all parties to participate.
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1 (b) However, an agency member may communicate with other
2 members of the agency, and an agency member or administrative
3 law judge may have the aid and advice of one or more personal
4 assistants.
5 (c) An ex parte communication received by any agency
6 head, agency employee, or administrative law judge shall be
7 made a part of the record of the pending matter, including
8 all written communications, all written responses to the
9 communications, and a memorandum stating the substance of all
10 oral communications and all responses made and the identity
11 of each person from whom the ex parte communication was
12 received.
13 (d) Communications regarding matters of procedure and
14 practice, such as the format of pleadings, number of copies
15 required, manner of service, scheduling, and status of
16 proceedings, are not considered ex parte communications under
17 this Section.
18 (Source: P.A. 87-823.)
19 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
20 Sec. 10-65. Licenses.
21 (a) When any licensing is required by law to be preceded
22 by notice and an opportunity for an administrative a hearing,
23 the provisions of this Act concerning contested cases shall
24 apply.
25 (b) When a licensee has made timely and sufficient
26 application for the renewal of a license or a new license
27 with reference to any activity of a continuing nature, the
28 existing license shall continue in full force and effect
29 until the final agency decision on the application has been
30 made unless a later date is fixed by order of a reviewing
31 court.
32 (c) An application for the renewal of a license or a new
33 license shall include the applicant's social security number.
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1 Each agency shall require the licensee to certify on the
2 application form, under penalty of perjury, that he or she is
3 not more than 30 days delinquent in complying with a child
4 support order. Every application shall state that failure to
5 so certify shall result in disciplinary action, and that
6 making a false statement may subject the licensee to contempt
7 of court. The agency shall notify each applicant or licensee
8 who acknowledges a delinquency or who, contrary to his or her
9 certification, is found to be delinquent or who after
10 receiving notice, fails to comply with a subpoena or warrant
11 relating to a paternity or a child support proceeding, that
12 the agency intends to take disciplinary action. Accordingly,
13 the agency shall provide written notice of the facts or
14 conduct upon which the agency will rely to support its
15 proposed action and the applicant or licensee shall be given
16 an opportunity for an administrative a hearing in accordance
17 with the provisions of the Act concerning contested cases.
18 Any delinquency in complying with a child support order can
19 be remedied by arranging for payment of past due and current
20 support. Any failure to comply with a subpoena or warrant
21 relating to a paternity or child support proceeding can be
22 remedied by complying with the subpoena or warrant. Upon a
23 final finding of delinquency or failure to comply with a
24 subpoena or warrant, the agency shall suspend, revoke, or
25 refuse to issue or renew the license. In cases in which the
26 Department of Public Aid has previously determined that an
27 applicant or a licensee is more than 30 days delinquent in
28 the payment of child support and has subsequently certified
29 the delinquency to the licensing agency, the licensing agency
30 shall refuse to issue or renew or shall revoke or suspend
31 that person's license based solely upon the certification of
32 delinquency made by the Department of Public Aid. Further
33 process, hearings, or redetermination of the delinquency by
34 the licensing agency shall not be required. The licensing
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1 agency may issue or renew a license if the licensee has
2 arranged for payment of past and current child support
3 obligations in a manner satisfactory to the Department of
4 Public Aid. The licensing agency may impose conditions,
5 restrictions, or disciplinary action upon that license.
6 (d) Except as provided in subsection (c), no agency
7 shall revoke, suspend, annul, withdraw, amend materially, or
8 refuse to renew any valid license without first giving
9 written notice to the licensee of the facts or conduct upon
10 which the agency will rely to support its proposed action and
11 an opportunity for an administrative a hearing in accordance
12 with the provisions of this Act concerning contested cases.
13 At the administrative hearing, the licensee shall have the
14 right to show compliance with all lawful requirements for the
15 retention, continuation, or renewal of the license. If,
16 however, the agency finds that the public interest, safety,
17 or welfare imperatively requires emergency action, and if the
18 agency incorporates a finding to that effect in its order,
19 summary suspension of a license may be ordered pending
20 proceedings for revocation or other action. Those
21 proceedings shall be promptly instituted and determined.
22 (e) Any application for renewal of a license that
23 contains required and relevant information, data, material,
24 or circumstances that were not contained in an application
25 for the existing license shall be subject to the provisions
26 of subsection (a).
27 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)"; and
28 on page 2, by replacing lines 4 through 18 with the
29 following:
30 "Sec. 12-5. Applicability. This Article applies to all
31 agencies under the jurisdiction of the Governor other than
32 the following:
33 (a) Illinois Labor Relations Boards created under the
34 Illinois Public Labor Relations Act;
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1 (b) Illinois Education Labor Relations Board;
2 (c) Illinois Commerce Commission;
3 (d) Illinois Industrial Commission;
4 (e) Civil Service Commission;
5 (f) Pollution Control Board;
6 (g) Illinois State Police Merit Board;
7 (h) Property Tax Appeal Board; and
8 (i) Human Rights Commission."; and
9 on page 4, by replacing lines 1 through 11 with the
10 following:
11 "positions. The Chief Administrative Law Judge may employ
12 and direct other staff, including administrative, technical,
13 clerical, and other specialized or technical personnel that
14 may be necessary to carry out the purposes of this Article.
15 (1) Except as otherwise provided in paragraph (2) of
16 this subsection, each administrative law judge must have
17 been admitted to practice as an attorney in this State
18 for at least 5 years and must have a demonstrated
19 knowledge of and experience in administrative law and
20 procedure that is suitable to the duties of the Office.
21 An administrative law judge must be a full-time or
22 part-time employee of the Office, except that the Chief
23 Administrative Law Judge may contract for the services of
24 an attorney to serve as an administrative law judge for a
25 specific case, when necessary, because of a lack of
26 available employees with the expertise required to handle
27 a specialized contested case.
28 (2) The Chief Administrative Law Judge may employ
29 persons who are not admitted to practice as an attorney
30 to act as administrative law judges if they are
31 transferred to the Office under subsection (c) of Section
32 12-40 of this Article. The Chief Administrative Law Judge
33 may also employ or contract with persons not admitted to
34 practice law if those persons have the requisite
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1 knowledge of administrative law and procedure and the
2 specialized subject-matter expertise to act as
3 administrative law judges in highly technical cases.";
4 and
5 on page 6, by replacing lines 7 through 18 with the
6 following:
7 "Sec. 12-30. Proceedings. Beginning on January 1, 2001,
8 an administrative law judge of the Office shall preside over
9 any administrative hearing of any agency subject to this
10 Article, except that an administrative hearing in a contested
11 case commenced prior to January 1, 2001 and pending before an
12 administrative law judge not transferred to the Office of
13 Administrative Hearings by operation of Section 12-40 of this
14 Article shall not be heard by an administrative law judge of
15 the Office without the agreement of the parties."; and
16 on page 10, lines 8, 9, and 18, by replacing "1999" each time
17 it appears with "2000"; and
18 on page 10, lines 19, 23, and 27, by replacing "2000" each
19 time it appears with "2001"; and
20 on page 10, by deleting lines 31 and 32; and
21 by deleting pages 11 through 18; and
22 on page 19, by deleting lines 1 through 19.