Public Act 103-1056
 
HB5172 EnrolledLRB103 38136 MXP 68268 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 10-10, 10-25, and 10-70 and by 
adding Section 10-25.1 as follows:
 
    (5 ILCS 100/10-10)  (from Ch. 127, par. 1010-10)
    Sec. 10-10. Components of rules. All agency rules 
establishing procedures for contested cases shall at a minimum 
comply with the provisions of this Article 10. In addition, 
agency rules establishing procedures may include, but need not 
be limited to, the following components: pre-hearing 
conferences, representation interview or deposition 
procedures, default procedures, selection of administrative 
law judges, the form of the final order, the standard of proof 
used, which agency official makes the final decision, 
representation of parties, procedures for requesting and 
receiving language access services, subpoena request 
procedures, discovery and protective order procedures, and any 
review or appeal process within the agency.
(Source: P.A. 87-823.)
 
    (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, by certified or registered mail, 
by 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 
    names, phone numbers, email addresses, and mailing 
    addresses of the administrative law judge or designated 
    agency contact, the parties, and all other persons to whom 
    the agency gives notice of the hearing unless otherwise 
    confidential by law.
        (6) An enclosure written in, at a minimum, English, 
    Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish, 
    Russian, Spanish, Tagalog, Urdu, Ukrainian, and 
    Vietnamese, which notifies the recipient of the ability 
    for a party or the recipient's agent to request 
    interpretive assistance to participate in or understand 
    the hearing and to receive language access services for 
    translating the contents of the notice. A request to 
    receive a written or sight translation of the notice must 
    be made within 7 days of service of the notice.
    (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.
    (d) Language access services and interpretive assistance 
provided in contested hearings shall be, at a minimum, in 
accordance with this Act, and as otherwise provided for in any 
law or rule governing an agency's contested hearings. 
(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    (5 ILCS 100/10-25.1 new)
    Sec. 10-25.1. Language access services.
    (a) As used in this Article:
    "Foreign language interpreter" means a person who is 
fluent in both English and another language, who listens to a 
communication in one language and orally converts it into 
another language while retaining the same meaning, and who 
either (i) has satisfied the certification requirement set 
forth in Section 8a.2 of the Personnel Code or (ii) has been 
contracted with by the State or an agency to provide 
interpretive assistance in administrative hearings. A foreign 
language interpreter need not be physically present to provide 
interpretive assistance.
    "Indigent person" has the meaning given in subdivision 
(a)(2) of Section 5-105 of the Code of Civil Procedure. 
    "Interpretive assistance" means services that involve 
listening to a communication in one language and orally 
converting that communication into another language while 
retaining the same meaning.
    "Language access services" means the full spectrum of 
language services available to provide meaningful access to 
the programs and services for limited English proficient 
persons, including, but not limited to, in-person interpreter 
services, telephonic and video remote interpreter services, 
translation of written materials, and bilingual staff 
services.
    "Limited English proficient person" means someone who 
speaks a language other than English as his or her primary 
language and has a limited ability to read, write, speak, or 
understand English and requires the assistance of a foreign 
language interpreter to effectively communicate in a legal 
proceeding. 
    "Nonsubstantive hearing" means a hearing to discuss 
hearing rules, hearing processes, hearing procedures, and 
hearing scheduling. A hearing in which a substantive ruling is 
made is not a nonsubstantive hearing. 
    "Sight translation" means the conversion of written text 
in one language into another spoken language. 
    "Substantive hearing" means a hearing in which a 
substantive ruling may be made. "Substantive hearing" includes 
a prehearing conference or formal hearing in which testimony 
or evidence is being taken.
    "Substantive ruling" means a ruling that directly relates 
to the merits of the case and does not include explanation of 
hearing rules, hearing processes, hearing procedures, or 
hearing scheduling.
    "Translator" means a person who converts written text from 
one language into written text in another language. 
    "Written translation" means a conversion of written text 
from one language into written text in another language.
    (b) A self-represented litigant, a witness, or a litigant 
who is an indigent person has the right to request 
interpretive assistance to participate in or understand a 
hearing at any time during the course of the hearing. If no 
request is made but the administrative law judge reasonably 
believes that a self-represented litigant or witness is a 
limited English proficient person, the administrative law 
judge shall inquire if the individual is in need of 
interpretive assistance to participate in or understand the 
hearing. The fact that an individual for whom English is a 
second language knows some English should not prohibit that 
individual from being allowed to receive interpretive 
assistance from a foreign language interpreter. The conclusion 
of the administrative law judge regarding the need for 
interpretive assistance must be stated in the record.
    (c) If interpretive assistance is requested by a 
self-represented litigant, a witness, or a litigant who is an 
indigent person or if interpretive assistance is determined to 
be necessary by the administrative law judge, the agency must 
appoint a foreign language interpreter at no cost to the 
person in need of the assistance for use in a substantive 
hearing. If it appears that interpretive assistance is needed 
but a foreign language interpreter is not available for the 
scheduled substantive hearing, the administrative law judge 
shall continue or postpone the hearing until appropriate 
services can be provided. In a substantive hearing, an 
interpreter who is not a foreign language interpreter should 
be appointed only if the agency made reasonable efforts to 
obtain a foreign language interpreter and one is not 
reasonably available. If the agency appoints an interpreter 
who is not a foreign language interpreter, the administrative 
law judge must examine the interpreter to ensure the 
interpreter is competent to interpret in the hearing, has 
proficiency in English and the applicable foreign language, 
and does not present a conflict of interest.
    (d) An agency may provide interpretive assistance during a 
nonsubstantive hearing by use of an interpreter who is not a 
foreign language interpreter, provided the administrative law 
judge examines the interpreter for competency for the purposes 
of the non-substantive hearing.
    (e) All persons appointed to provide interpretive 
assistance in substantive and nonsubstantive hearings must 
swear or affirm that they: 
        (1) will make a true interpretation, from the English 
    language, in an understandable manner to the limited 
    English proficient person for whom the interpreter has 
    been appointed; 
        (2) will repeat the statements of the limited English 
    proficient person, in the English language, to the best of 
    the interpreter's ability;
        (3) have not had any involvement in the issues of the 
    case before the hearing; and
        (4) will not disclose privileged or confidential 
    communications to any person.
    (f) If an appointed interpreter is not accurately 
interpreting communications, the limited English proficient 
person, or that person's attorney or authorized 
representative, if an authorized representative is permitted 
under agency rules, may request the appointment of a different 
interpreter, subject to the approval of the administrative law 
judge.
    (g) An agency may adopt rules for the implementation and 
administration of this Section. Nothing in this Section 
precludes an agency from providing language access services in 
addition to those required under this Section to any limited 
English proficient person, subject to agency discretion.
 
    (5 ILCS 100/10-70)  (from Ch. 127, par. 1010-70)
    Sec. 10-70. Waiver.  
    (a) Compliance with any or all of the provisions of this 
Act concerning contested cases may be waived by written 
stipulation of all parties.
    (b) To waive any of the provisions relating to language 
access services under Sections 10-25 and 10-25.1, the parties 
must provide a signed written stipulation in both English and 
the preferred language of the party in need of language 
assistance.
    (c) A written stipulation waiving the language access 
service provisions of Sections 10-25 and 10-25.1 of this Act 
may be withdrawn by the limited English proficient person at 
any time. The withdrawal may be made by oral declaration at 
hearing or in a written declaration. Following such a 
withdrawal, the remainder of the proceeding must be conducted 
in accordance with Sections 10-25 and 10-25.1.
(Source: P.A. 87-823.)
 
    Section 99. Effective date. This Act takes effect July 1, 
2025.