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| Public Act 103-0067 | ||||
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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), (b-1), or (c), | ||||
in any action to review any final
decision of an | ||||
administrative agency, the administrative agency and all
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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: (1) based upon misnomer of an agency, | ||
board, commission, or party that is properly served with | ||
summons that was issued in the action within the applicable | ||
time limits; or (2) for a 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 a timely action for administrative review has been filed | ||
that identifies the final administrative decision under review | ||
and that makes a good faith effort to properly name the | ||
administrative agency, board,
committee, or government entity. | ||
Naming the director or agency head, in his or her official
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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
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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
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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 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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(b-1) With respect to an action to review a decision of an | ||
administrative agency with final decision-making authority | ||
over designated historic properties or areas under Section | ||
11-48.2-4 of the Illinois Municipal Code or a decision of an | ||
administrative agency with final decision-making authority | ||
over exterior design review of buildings or structures under | ||
item (12) of Section 11-13-1 of the Illinois Municipal Code, | ||
"parties of record" means only the administrative agency and | ||
applicants before the administrative agency. 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 a written statement to the administrative agency | ||
with respect to the appealed decision. 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 was filed, and the names of the plaintiff in the action | ||
and the applicant to the administrative agency. The notice | ||
shall inform the person of his or her right to intervene. Each | ||
person who appeared before and submitted oral testimony or a | ||
written statement to the administrative agency with respect to | ||
the appealed decision 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. | ||
(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 July | ||
1, 2007 (the effective date of Public Act 95-321).
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(d) The changes to this Section made by Public Act 95-831 | ||
apply to all actions filed on or after August 21, 2007 (the | ||
effective date of Public Act 95-831). The changes made by | ||
Public Act 100-212 apply to all actions filed on or after | ||
August 18, 2017 (the effective date of Public Act 100-212). | ||
(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17; | ||
100-863, eff. 8-14-18.)
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