Sen. Jim Oberweis
Filed: 5/11/2017
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1 | AMENDMENT TO SENATE BILL 951
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2 | AMENDMENT NO. ______. Amend Senate Bill 951, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
6 | amended by changing Sections 10-25 and 10-50 and by adding | ||||||
7 | Section 10-75 as follows:
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8 | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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9 | Sec. 10-25. Contested cases; notice; hearing.
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10 | (a) In a contested case, all parties shall be afforded an | ||||||
11 | opportunity for
a hearing after reasonable notice. The notice | ||||||
12 | shall be served personally ,
or by certified or registered mail , | ||||||
13 | email as required in Section 10-75, or as otherwise provided by | ||||||
14 | law upon the
parties or their agents appointed to receive | ||||||
15 | service of process and shall
include the following:
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16 | (1) A statement of the time, place, and nature of the
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1 | hearing.
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2 | (2) A statement of the legal authority and jurisdiction | ||||||
3 | under
which the hearing is to be held.
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4 | (3) A reference to the particular Sections of the | ||||||
5 | substantive and
procedural statutes and
rules involved.
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6 | (4) Except where a more detailed statement is otherwise | ||||||
7 | provided
for by law, a short and plain statement of the | ||||||
8 | matters asserted, the
consequences of a failure to respond, | ||||||
9 | and the official file or other
reference number.
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10 | (5) The names and mailing addresses of the | ||||||
11 | administrative law judge,
all parties, and all other | ||||||
12 | persons to whom the agency gives notice of the
hearing | ||||||
13 | unless otherwise confidential by law.
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14 | (b) An opportunity shall be afforded all parties to be | ||||||
15 | represented by
legal counsel and to respond and present | ||||||
16 | evidence and argument.
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17 | (c) Unless precluded by law, disposition may be made of any | ||||||
18 | contested
case by stipulation, agreed settlement, consent | ||||||
19 | order, or default.
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20 | (Source: P.A. 87-823 .)
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21 | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
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22 | Sec. 10-50. Decisions and orders.
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23 | (a) A final decision or order adverse to a party (other | ||||||
24 | than the agency)
in a contested case shall be in writing or | ||||||
25 | stated in the record. A final
decision shall include findings |
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1 | of fact and conclusions of law, separately
stated. Findings of | ||||||
2 | fact, if set forth in statutory language, shall be
accompanied | ||||||
3 | by a concise and explicit statement of the underlying facts
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4 | supporting the findings. If, in accordance with agency rules, a | ||||||
5 | party
submitted proposed findings of fact, the decision shall | ||||||
6 | include a ruling
upon each proposed finding. Parties or their | ||||||
7 | agents appointed to receive
service of process shall be | ||||||
8 | notified either personally , or by registered or
certified mail , | ||||||
9 | or by email as required in Section 10-75 of any decision or | ||||||
10 | order. Upon request a copy of the
decision or order shall be | ||||||
11 | delivered or mailed forthwith to each party and
to his attorney | ||||||
12 | of record.
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13 | (b) All agency orders shall specify whether they are final | ||||||
14 | and subject
to the Administrative Review Law.
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15 | (c) A decision by any agency in a contested case under this | ||||||
16 | Act shall be
void unless the proceedings are conducted in | ||||||
17 | compliance with the provisions
of this Act relating to | ||||||
18 | contested cases, except to the extent those provisions
are | ||||||
19 | waived under Section 10-70 and except to the extent the
agency | ||||||
20 | has adopted its own rules for contested cases as authorized in | ||||||
21 | Section
1-5.
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22 | (Source: P.A. 92-16, eff. 6-28-01.)
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23 | (5 ILCS 100/10-75 new) | ||||||
24 | Sec. 10-75. Service by email. | ||||||
25 | (a) The following requirements shall apply for consenting |
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1 | to accept service by email: | ||||||
2 | (1) At any time either before or after its issuance of | ||||||
3 | a hearing notice as described in Section 10-25, an agency | ||||||
4 | may require any attorney representing a party to the | ||||||
5 | hearing to provide one or more email addresses at which | ||||||
6 | they consent to accept service of documents described in | ||||||
7 | Sections 10-25 and 10-50 in connection with the hearing. A | ||||||
8 | party represented by an attorney may provide the email | ||||||
9 | address of the attorney. | ||||||
10 | (2) To the extent a person or entity is subject to | ||||||
11 | licensure, permitting, or regulation by the agency, or | ||||||
12 | submits an application for licensure or permitting to the | ||||||
13 | agency, that agency may require, as a condition of such | ||||||
14 | application, licensure, permitting, or regulation, that | ||||||
15 | such unrepresented persons or entities consent to service | ||||||
16 | by email of documents described in Sections 10-25 and 10-50 | ||||||
17 | in connection with any hearings that may arise under this | ||||||
18 | Section in connection with such application, licensure or | ||||||
19 | regulation, provided that the agency: (i) requires that any | ||||||
20 | person or entity providing such an email address update | ||||||
21 | that email address if it is changed; and (ii) annually | ||||||
22 | verifies that email address. | ||||||
23 | (3) At any time either before or after its issuance of | ||||||
24 | a hearing notice as described in Section 10-25, an agency | ||||||
25 | may request, but not require, an unrepresented party that | ||||||
26 | is not subject to paragraph (2) of this subsection (a) to |
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1 | consent to accept service by email of the documents | ||||||
2 | described in Sections 10-25 and 10-50 by designating an | ||||||
3 | email address at which they will accept service. | ||||||
4 | (4) Any person or entity who submits an email address | ||||||
5 | under this Section shall also be given the option to | ||||||
6 | designate no more than two secondary email addresses at | ||||||
7 | which the person or entity consents to accept service, | ||||||
8 | provided that, if any secondary email address is | ||||||
9 | designated, an agency must serve the documents to both the | ||||||
10 | designated primary and secondary email addresses. | ||||||
11 | (b) Notwithstanding any party's consent to accept service | ||||||
12 | by email, no document described in Sections 10-25 or 10-50 may | ||||||
13 | be served by email to the extent the document contains: | ||||||
14 | (1) a Social Security or individual | ||||||
15 | taxpayer-identification number; | ||||||
16 | (2) a driver's license number; | ||||||
17 | (3) a financial account number; | ||||||
18 | (4) a debit or credit card number; | ||||||
19 | (5) any other information that could reasonably be | ||||||
20 | deemed personal, proprietary, confidential, or trade | ||||||
21 | secret information; or | ||||||
22 | (6) any information about or concerning a minor. | ||||||
23 | (c) Service by email is deemed complete on the day of | ||||||
24 | transmission. Agencies that use email to serve documents under | ||||||
25 | Sections 10-25 and 10-50 shall adopt rules that specify the | ||||||
26 | standard for confirming delivery, and in failure to confirm |
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1 | delivery, what steps the agency will take to ensure that | ||||||
2 | service by email or other means is accomplished. ".
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