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Public Act 095-0831
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| SB2111 Enrolled |
LRB095 14369 WGH 43432 b |
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AN ACT concerning administrative review.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Sections 3-103, 3-105, 3-107, 3-111, and 3-113 as |
follows:
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(735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
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Sec. 3-103. Commencement of action. Every action to review |
a final administrative decision shall be
commenced by the |
filing of a complaint and the issuance of summons
within 35 |
days from the date that a copy of the decision sought to be
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reviewed was served upon the party affected by the decision, |
except that:
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(1) in municipalities with a population of 500,000 or |
less a complaint
filed within the time limit established by |
this Section may be subsequently
amended to add a police |
chief or a fire chief in cases brought under the
Illinois |
Municipal Code's provisions providing for the discipline |
of fire
fighters and police officers. ; and
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(2) in other actions for review of a final |
administrative decision, a
complaint filed within the time |
limit established by this Section may be
amended to add an |
employee, agent, or member of an administrative
agency, |
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board, committee, or government entity, who acted in an |
official
capacity as a party of record to the |
administrative proceeding, if the
administrative agency, |
board, committee, or government entity is a party to the
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administrative review action. If the director or agency |
head, in his or her
official capacity, is a party to the |
administrative review, a complaint filed
within the time |
limit established by this Section may be amended
to add the |
administrative agency, board, committee, or government |
entity.
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The method of
service of the decision shall be as provided |
in the Act governing the
procedure before the administrative |
agency, but if no method is
provided, a decision shall be |
deemed to have been served either when
a copy of the decision |
is personally delivered or when a copy of the decision
is |
deposited in the United States mail, in a sealed envelope or |
package, with
postage prepaid, addressed to the party affected |
by the decision at his or her
last known residence or place of |
business.
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The form of the summons and the issuance of alias summons
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shall be according to rules of the Supreme Court.
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This amendatory Act of 1993 applies to all cases involving |
discipline of
fire fighters and police officers pending on its |
effective date and to all
cases filed on or after its effective |
date.
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The changes to this Section made by this amendatory Act of |
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the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |
General Assembly. |
(Source: P.A. 88-1; 88-110; 88-670, eff. 12-2-94; 89-685, eff. |
6-1-97.)
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(735 ILCS 5/3-105) (from Ch. 110, par. 3-105)
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Sec. 3-105. Service of summons. Summons issued in any |
action to review
the final administrative decision of any |
administrative agency shall be
served by registered or |
certified mail on the administrative agency and on
each of the |
other defendants except in the case of a review of a final
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administrative decision of the regional board of school |
trustees, regional
superintendent of schools, or State |
Superintendent of Education, as the
case may be, when a |
committee of 10 has been designated as provided in
Section 7-6 |
of the School Code, and in such case only the administrative
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agency involved and each of the committee of 10 shall be |
served. The method of service shall be as provided in the Act |
governing the procedure before the administrative agency, but |
if no method is provided, summons shall be deemed to have been |
served either when a copy of the summons is personally |
delivered or when a copy of the decision is deposited in the |
United States mail, in a sealed envelope or package, with |
postage prepaid, addressed to the party affected by the |
decision at his or her last known residence or place of |
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business. The form of the summons and the issuance of alias |
summons shall be according to rules of the Supreme Court.
No |
action for administrative review shall be dismissed for lack of
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jurisdiction based upon the failure to serve summons on an |
employee, agent, or
member of an administrative agency, board, |
committee, or government entity,
acting in his or her official |
capacity, where the administrative agency, board,
committee, |
or government entity has been served as provided in this |
Section.
Service on the director or agency head, in his or her |
official capacity, shall
be deemed service on the |
administrative agency, board, committee, or government
entity. |
No action for administrative review shall be dismissed for lack |
of
jurisdiction based upon the failure to serve summons on an |
administrative
agency, board, committee, or government entity, |
acting, where the director or
agency head, in his or her |
official capacity, has been served as provided
in this Section.
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Service on the administrative agency shall be made by the clerk |
of the
court by sending a copy of the summons addressed to the |
agency at its main
office in the State. The clerk of the court |
shall also mail a copy of the
summons to each of the other |
defendants, addressed to the last known place
of residence or |
principal place of business of each such defendant. The
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plaintiff shall, by affidavit filed with the complaint, |
designate the last
known address of each defendant upon whom |
service shall be made. The
certificate of the clerk of the |
court that he or she has served such
summons in pursuance of |
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this Section shall be evidence that he or she
has done so.
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The changes to this Section made by this amendatory Act of |
the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |
General Assembly. |
(Source: P.A. 88-1; 89-685, eff. 6-1-97.)
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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Sec. 3-107. Defendants.
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(a) Except as provided in subsection (b) or (c), in any |
action to review any final
decision of an administrative |
agency, the administrative agency and all
persons, other than |
the plaintiff, who were parties of record to the
proceedings |
before the
administrative agency shall be made defendants. The |
method of service of the decision shall be as provided in the |
Act governing the procedure before the administrative agency, |
but if no method is provided, a decision shall be deemed to |
have been served either when a copy of the decision is |
personally delivered or when a copy of the decision is |
deposited in the United States mail, in a sealed envelope or |
package, with postage prepaid, addressed to the party affected |
by the decision at his or her last known residence or place of |
business. The form of the summons and the issuance of alias |
summons shall be according to rules of the Supreme Court.
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No action for administrative review shall be dismissed for |
lack of
jurisdiction based upon the failure to name an |
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employee, agent, or member, who
acted in his or her official |
capacity, of an administrative agency, board,
committee, or |
government entity, where the administrative agency, board,
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committee, or government entity, has been named as a defendant |
as provided in
this Section. Naming the director or agency |
head, in his or her official
capacity, shall be deemed to |
include as defendant the administrative agency,
board, |
committee, or government entity that the named defendants |
direct or
head. No action for administrative review shall be |
dismissed for lack of
jurisdiction based upon the failure to |
name an administrative agency, board,
committee, or government |
entity, where the director or agency head, in his or
her |
official capacity, has been named as a defendant as provided in |
this
Section.
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If, during the course of a review action, the court |
determines that an agency or a party
of record to the |
administrative proceedings was not made a defendant as
required |
by the preceding paragraph, and only if that party was not |
named by
the administrative agency in its final order as a |
party of record, then the
court shall grant the plaintiff 35 21 |
days from the date of the determination in
which to name and |
serve the unnamed agency or party as a defendant. The court |
shall
permit the newly served defendant to participate in the |
proceedings to the
extent the interests of justice may require.
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(b) With respect to actions to review decisions of a zoning |
board of
appeals in a municipality with a population of 500,000 |
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or more inhabitants
under Division 13 of Article 11 of the |
Illinois Municipal Code, "parties of
record" means only the |
zoning board of appeals and applicants before the
zoning board |
of appeals. The plaintiff shall send a notice of filing of
the |
action by certified mail to each other person who appeared |
before and
submitted oral testimony or written statements to |
the zoning board of
appeals with respect to the decision |
appealed from. The notice shall be
mailed within 2 days of the |
filing of the action. The notice shall state
the caption of the |
action, the court in which the action is filed, and the
names |
of the plaintiff in the action and the applicant to the zoning |
board
of appeals. The notice shall inform the person of his or |
her right to
intervene. Each person who appeared before and |
submitted oral testimony
or written statements to the zoning |
board of appeals with respect to the
decision appealed from |
shall have a right to intervene as a defendant in
the action |
upon application made to the court within 30 days of the |
mailing
of the notice.
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(c) With respect to actions to review decisions of a |
hearing officer or a county zoning board of appeals under |
Division 5-12 of Article 5 of the Counties Code, "parties of |
record" means only the hearing officer or the zoning board of |
appeals and applicants before the hearing officer or the zoning |
board of appeals. The plaintiff shall send a notice of filing |
of the action by certified mail to each other person who |
appeared before and submitted oral testimony or written |
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statements to the hearing officer or the zoning board of |
appeals with respect to the decision appealed from. The notice |
shall be mailed within 2 days of the filing of the action. The |
notice shall state the caption of the action, the court in |
which the action is filed, and the name of the plaintiff in the |
action and the applicant to the hearing officer or the zoning |
board of appeals. The notice shall inform the person of his or |
her right to intervene. Each person who appeared before and |
submitted oral testimony or written statements to the hearing |
officer or the zoning board of appeals with respect to the |
decision appealed from shall have a right to intervene as a |
defendant in the action upon application made to the court |
within 30 days of the mailing of the notice. This subsection |
(c) applies to zoning proceedings commenced on or after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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(d) The changes to this Section made by this amendatory Act |
of the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |
General Assembly. |
(Source: P.A. 95-321, eff. 8-21-07.)
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(735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
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Sec. 3-111. Powers of circuit court.
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(a) The Circuit Court has power:
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(1) with or without requiring bond (except if otherwise |
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provided in
the particular statute under authority of which |
the administrative
decision was entered), and before or |
after answer filed, upon notice to
the agency and good |
cause shown, to stay the decision of the
administrative |
agency in whole or in part pending the final disposition
of |
the case. For the purpose of this subsection, "good cause" |
requires the
applicant to show (i) that an immediate stay |
is required in order to preserve
the status quo without |
endangering the public, (ii) that it is not contrary to
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public policy, and (iii) that there exists a reasonable |
likelihood of success
on the merits;
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(2) to make any order that it deems proper for the |
amendment,
completion or filing of the record of |
proceedings of the administrative
agency;
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(3) to allow substitution of parties by reason of |
marriage, death,
bankruptcy, assignment or other cause;
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(4) to dismiss parties, to correct misnomers, or to |
realign parties, or to join agencies or parties plaintiffs |
and
defendants;
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(5) to affirm or reverse the decision in whole or in |
part;
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(6) where a hearing has been held by the agency, to |
reverse and
remand the decision in whole or in part, and, |
in that case, to
state the questions requiring further |
hearing or proceedings and to give such
other instructions |
as may be proper;
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(7) where a hearing has been held by the agency, to |
remand for the
purpose of taking additional evidence when |
from the state of the record
of the administrative agency |
or otherwise it shall appear that such
action is just. |
However, no remandment shall be made on the ground of
newly |
discovered evidence unless it appears to the satisfaction |
of the
court that such evidence has in fact been discovered |
subsequent to the
termination of the proceedings before the |
administrative agency and that
it could not by the exercise |
of reasonable diligence have been obtained
at such |
proceedings; and that such evidence is material to the |
issues
and is not cumulative;
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(8) in case of affirmance or partial affirmance of an |
administrative
decision which requires the payment of |
money, to enter judgment for the
amount justified by the |
record and for costs, which judgment may be enforced
as |
other judgments for the recovery of money;
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(9) when the particular statute under authority of |
which the
administrative decision was entered requires the |
plaintiff to file a
satisfactory bond and provides for the |
dismissal of the action for the
plaintiff's failure to |
comply with this requirement unless the court is
authorized |
by the particular statute to enter, and does enter, an |
order
imposing a lien upon the plaintiff's property, to |
take such proofs and
to enter such orders as may be |
appropriate to carry out the provisions
of the particular |
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statute. However, the court shall not
approve the bond, nor |
enter an order for the lien, in any amount which
is less |
than that prescribed by the particular statute under |
authority
of which the administrative decision was entered |
if the statute
provides what the minimum amount of the bond |
or lien shall be or
provides how said minimum amount shall |
be determined.
No such bond shall be approved by the court |
without notice
to, and an opportunity to be heard thereon |
by, the administrative agency
affected. The lien, created |
by the entry of a court
order in lieu of a bond, shall not |
apply to property exempted from the
lien by the particular |
statute under authority of which the
administrative |
decision was entered. The lien shall not be effective
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against real property whose title is registered under the |
provisions of
the Registered Titles (Torrens) Act until
the |
provisions of Section 85 of that Act are complied with.
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(b) Technical errors in the proceedings before the |
administrative
agency or its failure to observe the technical |
rules of evidence shall
not constitute grounds for the reversal |
of the administrative decision
unless it appears to the court |
that such error or failure
materially affected the rights of |
any party and resulted in substantial
injustice to him or her.
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(c) On motion of either party, the circuit court shall make |
findings
of fact or state the propositions of law upon which |
its judgment is
based.
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(d) The changes to this Section made by this amendatory Act |
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of the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |
General Assembly. |
(Source: P.A. 88-1; 88-184; 88-670, eff. 12-2-94.)
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(735 ILCS 5/3-113)
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Sec. 3-113. Direct review of administrative orders by the |
appellate court.
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(a) Unless another time is provided specifically by the law |
authorizing
the review, an action for direct review of a final |
administrative decision of
an administrative agency by the |
appellate court shall be commenced by the
filing of a petition |
for review in the appellate court within 35 days from the
date |
that a copy of the decision sought to be reviewed was served |
upon the
party affected by the decision. The method of service |
of the decision shall be
as provided in the Act governing the |
procedure before the administrative
agency, but if no method is |
provided, a decision shall be deemed to have
been served either |
when a copy of the decision is personally delivered or
when a |
copy of the decision is deposited in the United States mail, in |
a sealed
envelope or package, with postage prepaid, addressed |
to the party affected by
the decision at his or her last known |
residence or place of business.
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(b) The petition for review shall be filed in the
appellate |
court and shall specify the parties seeking review and shall
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designate the respondent and the order or part thereof to be |
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reviewed. The
administrative agency and all persons, other than |
the petitioner, who were other parties of record to the
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proceedings before the
administrative agency shall be made |
named respondents. The method of service of the decision shall |
be as provided in the Act governing the procedure before the |
administrative agency, but if no method is provided, a decision |
shall be deemed to have been served either when a copy of the |
decision is personally delivered or when a copy of the decision |
is deposited in the United States mail, in a sealed envelope or |
package, with postage prepaid, addressed to the party affected |
by the decision at his or her last known residence or place of |
business. The form of the summons and the issuance of alias |
summons shall be according to rules of the Supreme Court.
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If, during the course of a review action, the court |
determines that an agency or a party
of record to the |
administrative proceedings was not made a defendant as
required |
by the preceding paragraph, and only if that party was not |
named by
the administrative agency in its final order as a |
party of record, then the
court shall grant the plaintiff 35 21 |
days from the date of the determination in
which to name and |
serve the unnamed agency or party as a defendant. The court |
shall
permit the newly served defendant to participate in the |
proceedings to the
extent the interests of justice may require.
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(c) The changes to this Section made by this amendatory Act |
of the 95th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 95th |