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| Public Act 095-0831 |
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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, | ||||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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.)
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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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
General Assembly. | ||
(Source: P.A. 88-1; 89-438, eff. 12-15-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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