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| Public Act 100-0083 | ||||
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AN ACT concerning civil law.
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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 Section 3-107 as follows:
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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 | ||
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, then the
court shall grant the | ||
plaintiff 35 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 | ||
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 | ||
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; 95-831, eff. 8-14-08.)
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