Public Act 100-0880
 
SB2644 EnrolledLRB100 17102 RJF 32254 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  







 
    Section 5. The Illinois Administrative Procedure Act is 
amended  by changing Sections 10-25 and 10-50 and  by adding 
Section 10-75 as follows:
 



    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)



    Sec. 10-25. Contested cases; notice; hearing. 

    (a) In a contested case, all parties shall be afforded an 
opportunity for
a hearing after reasonable notice.  The notice 
shall be served personally,
or by certified or registered mail, 
email as provided by Section 10-75, or as otherwise provided by 
law upon the
parties or their agents appointed to receive 
service of process and shall
include the following:

        (1) A statement of the time, place, and nature of the

    hearing.

        (2) A statement of the legal authority and jurisdiction 
    under
which the hearing is to be held.

        (3) A reference to the particular Sections of the 
    substantive and
procedural statutes and
rules involved.

        (4) Except where a more detailed statement is otherwise 
    provided
for by law, a short and plain statement of the 
    matters asserted, the
consequences of a failure to respond, 
    and the official file or other
reference number.

        (5) To the extent such information is available, the 
    The names, phone numbers, email addresses, and mailing 
    addresses of the administrative law judge, or designated 
    agency contact,
all parties, and all other persons to whom 
    the agency gives notice of the
hearing unless otherwise 
    confidential by law.

    (b) An opportunity shall be afforded all parties to be 
represented by
legal counsel and to respond and present 
evidence and argument.

    (c) Unless precluded by law, disposition may be made of any 
contested
case by stipulation, agreed settlement, consent 
order, or default.

(Source: P.A. 87-823.)

 



    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)



    Sec. 10-50. Decisions and orders. 

    (a) A final decision or order adverse to a party (other 
than the agency)
in a contested case shall be in writing or 
stated in the record.  A final
decision shall include findings 
of fact and conclusions of law, separately
stated.  Findings of 
fact, if set forth in statutory language, shall be
accompanied 
by a concise and explicit statement of the underlying facts

supporting the findings.  If, in accordance with agency rules, a 
party
submitted proposed findings of fact, the decision shall 
include a ruling
upon each proposed finding.  Parties or their 
agents appointed to receive
service of process shall be 
notified either personally, or by  registered or
certified mail, 
or by email as provided by Section 10-75, or as otherwise 
provided by law of any decision or order.  Upon request a copy 
of the
decision or order shall be delivered or mailed forthwith 
to each party and
to his attorney of record.

    (b) All agency orders shall specify whether they are final 
and subject
to the Administrative Review Law. Every final order 
shall contain a list of all parties of record to the case 
including the name and address of the agency or officer 
entering the order and the addresses of each party as  known to 
the agency where  the parties may be served with pleadings, 
notices, or service of  process for any review or further 
proceedings. Every final order shall also state whether the 
rules of the agency require any motion or request for 
reconsideration and cite the rule for the requirement. The 
changes made by this amendatory Act of the 100th General 
Assembly apply to all actions filed under the Administrative 
Review Law on or after the effective date of this amendatory 
Act of the 100th General Assembly.

    (c) A decision by any agency in a contested case under this 
Act shall be
void unless the proceedings are conducted in 
compliance with the provisions
of this Act relating to 
contested cases, except to the extent those provisions
are 
waived under Section 10-70 and except to the extent the
agency 
has adopted its own rules for contested cases as authorized in 
Section
1-5.

(Source: P.A. 100-212, eff. 8-18-17.)

 
    (5 ILCS 100/10-75 new)
    Sec. 10-75. Service by email.
    (a) The following requirements shall apply for consenting 
to accept service by email:
        (1) At any time either before or after its issuance of 
    a hearing notice as described in Section 10-25, an agency 
    may require any attorney representing a party to the 
    hearing to provide one or more email addresses at which 
    they shall accept service of documents described in 
    Sections 10-25 and 10-50 in connection with the hearing.  A 
    party represented by an attorney may provide the email 
    address of the attorney.
        (2) To the extent a person or entity is subject to 
    licensure, permitting, or regulation by the agency, or 
    submits an application for licensure or permitting to the 
    agency, that agency may require, as a condition of such 
    application, licensure, permitting, or regulation, that 
    such persons or entities consent to service by email of the 
    documents described in Sections 10-25 and 10-50 for any 
    hearings that may arise in connection with such 
    application, licensure or regulation, provided that the 
    agency: (i) requires that any person or entity providing 
    such an email address update that email address if it is 
    changed; and (ii) annually verifies that email address.
        (3) At any time either before or after its issuance of 
    a hearing notice as described in Section 10-25, an agency 
    may request, but not require, an unrepresented party that 
    is not subject to paragraph (2) of this subsection (a) to 
    consent to accept service by email of the documents 
    described in Sections 10-25 and 10-50 by designating an 
    email address at which they will accept service.
        (4) Any person or entity who submits an email address 
    under this Section shall also be given the option to 
    designate no more than two secondary email addresses at 
    which the person or entity consents to accept service, 
    provided that, if any secondary email address is 
    designated, an agency must serve the documents to both the 
    designated primary and secondary email addresses.
    (b)  Notwithstanding any party's consent to accept service 
by email, no document described in Sections 10-25 or 10-50 may 
be served by email to the extent the document contains:
        (1) a Social Security or individual taxpayer 
    identification number;
        (2) a driver's license number;
        (3) a financial account number;
        (4) a debit or credit card number;
        (5) any other information that could reasonably be 
    deemed personal, proprietary, confidential, or trade 
    secret information; or
        (6) any information about or concerning a minor.
    (c) Service by email is deemed complete on the day of 
transmission. Agencies that use email to serve documents under 
Sections 10-25 and 10-50 shall adopt rules that specify the 
standard for confirming delivery, and in failure to confirm 
delivery, what steps the agency will take to ensure that 
service by email or other means is accomplished.
    (d) This Section shall not apply with respect to any 
service of notice other than under this Act.