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Sen. Pamela J. Althoff
Filed: 4/12/2018
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1 | | AMENDMENT TO SENATE BILL 2703
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2703 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Administrative Procedure Act is |
5 | | amended by changing Sections 1-15, 1-30, 10-5, 10-15, 10-20, |
6 | | 10-25, 10-35, 10-45, 10-50, 10-60, and 10-65 and by adding |
7 | | Sections 1-13, 10-3, 10-75, and Article 12 as follows: |
8 | | (5 ILCS 100/1-13 new) |
9 | | Sec. 1-13. "Administrative hearing" means any hearing |
10 | | required to comply with the provisions of this Act concerning a |
11 | | contested case.
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12 | | (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)
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13 | | Sec. 1-15.
"Administrative law judge" means the presiding |
14 | | officer or
officers at the initial administrative hearing |
15 | | before each agency and each continuation of
that administrative |
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1 | | hearing. The term also includes but is not limited to hearing
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2 | | examiners, hearing officers, referees, and arbitrators.
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3 | | (Source: P.A. 87-823.)
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4 | | (5 ILCS 100/1-30) (from Ch. 127, par. 1001-30)
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5 | | Sec. 1-30.
"Contested case" means an adjudicatory |
6 | | proceeding (not
including ratemaking, rulemaking, or |
7 | | quasi-legislative, informational, or
similar proceedings) in |
8 | | which the individual legal rights, duties, or
privileges of a |
9 | | party are required by law to be determined by an agency
only |
10 | | after an opportunity for an administrative a hearing.
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11 | | (Source: P.A. 87-823.)
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12 | | (5 ILCS 100/10-3 new) |
13 | | Sec. 10-3. Applicability. This Article applies to all |
14 | | agencies not covered by Article 12.
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15 | | (5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
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16 | | Sec. 10-5. Rules required for hearings. All agencies shall |
17 | | adopt rules
establishing procedures for administrative |
18 | | contested case hearings.
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19 | | (Source: P.A. 87-823.)
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20 | | (5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)
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21 | | Sec. 10-15. Standard of proof. Unless otherwise provided by |
22 | | law or
stated in the agency's rules, the standard of proof in |
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1 | | any administrative contested case
hearing conducted under this |
2 | | Act by an agency shall be the preponderance of
the evidence.
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3 | | (Source: P.A. 87-823.)
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4 | | (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
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5 | | Sec. 10-20. Qualifications of administrative law judges. |
6 | | Agencies All agencies
shall adopt rules concerning the minimum |
7 | | qualifications of administrative
law judges for administrative |
8 | | contested case hearings not subject to Article 12 of this Act . |
9 | | The agency head or an attorney
licensed to practice law in |
10 | | Illinois may act as an administrative law judge
or panel for an |
11 | | agency without adopting any rules under this Section. The
These |
12 | | rules may be adopted using the procedures in either Section |
13 | | 5-15 or 5-35.
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14 | | (Source: P.A. 87-823.)
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15 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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16 | | Sec. 10-25. Notice of contested Contested cases; |
17 | | administrative notice ; hearing.
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18 | | (a) In a contested case, all parties shall be afforded an |
19 | | opportunity for an administrative
a hearing after reasonable |
20 | | notice. The notice shall be served personally , served
or by |
21 | | certified or registered mail , served by electronic mail as |
22 | | provided by Section 10-75, or served as otherwise provided by |
23 | | law upon the
parties or their agents appointed to receive |
24 | | service of process and shall
include the following:
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1 | | (1) A statement of the time, place, and nature of the |
2 | | administrative
hearing.
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3 | | (2) A statement of the legal authority and jurisdiction |
4 | | under
which the administrative hearing is to be held.
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5 | | (3) A reference to the particular Sections of the |
6 | | substantive and
procedural statutes and
rules involved.
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7 | | (4) Except where a more detailed statement is otherwise |
8 | | provided
for by law, a short and plain statement of the |
9 | | matters asserted, the period within which a response is |
10 | | required, the
consequences of a failure to timely respond, |
11 | | and the official file or other
reference number.
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12 | | (5) To the extent such information is available, The |
13 | | names , phone numbers, email addresses, and mailing |
14 | | addresses of the administrative law judge or designated |
15 | | agency contact ,
all parties, and all other persons to whom |
16 | | the agency is required to give gives notice of the |
17 | | administrative
hearing unless otherwise confidential by |
18 | | law.
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19 | | (b) An opportunity shall be afforded all parties to be |
20 | | represented by
legal counsel and to respond and present |
21 | | evidence and argument. Except as otherwise provided by law, an |
22 | | administrative law judge may conduct all or part of an |
23 | | administrative hearing by telephone, video conference, or |
24 | | other electronic means.
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25 | | (c) Unless precluded by law, disposition may be made of any |
26 | | contested
case by stipulation, agreed settlement, consent |
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1 | | order, or default.
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2 | | (Source: P.A. 87-823 .)
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3 | | (5 ILCS 100/10-35) (from Ch. 127, par. 1010-35)
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4 | | Sec. 10-35. Record in contested cases.
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5 | | (a) The record in a contested case shall include the |
6 | | following:
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7 | | (1) All pleadings (including all notices and responses
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8 | | thereto), motions, and rulings.
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9 | | (2) All evidence received.
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10 | | (3) A statement of matters officially noticed.
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11 | | (4) Any offers of proof, objections, and rulings |
12 | | thereon.
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13 | | (5) Any proposed findings and exceptions.
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14 | | (6) Any decision, opinion, or report by the |
15 | | administrative law judge.
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16 | | (7) All staff memoranda or data submitted to the |
17 | | administrative law
judge or members of the agency in |
18 | | connection with their consideration of
the case that are |
19 | | inconsistent with Section 10-60.
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20 | | (8) Any communication prohibited by Section 10-60. No |
21 | | such
communication shall form the basis for any finding of |
22 | | fact.
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23 | | (b) Oral proceedings or any part thereof shall be recorded
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24 | | stenographically or by other means that will adequately insure |
25 | | the
preservation of the testimony or oral proceedings and shall |
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1 | | be transcribed
on the request of any party.
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2 | | (c) Findings of fact shall be based exclusively on the |
3 | | evidence admitted and on
matters officially noticed.
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4 | | (Source: P.A. 87-823 .)
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5 | | (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
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6 | | Sec. 10-45. Proposal for decision. Except where otherwise |
7 | | expressly
provided by law, when in a contested case a majority |
8 | | of the officials of
the agency who are to render the final |
9 | | decision has not heard the case or
read the record, the |
10 | | decision, if adverse to a party to the proceeding
other than |
11 | | the agency, shall not be made until a proposal for decision is
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12 | | served upon the parties and an opportunity is afforded to each |
13 | | party
adversely affected to file exceptions and to present a |
14 | | brief and, if the
agency so permits, oral argument to the |
15 | | agency officials who are to render
the decision. The proposal |
16 | | for decision shall contain a statement of the
reasons therefor |
17 | | and of each issue of fact or law necessary to the proposed
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18 | | decision and shall be prepared by the persons who conducted the |
19 | | administrative hearing or
one who has read the record.
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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 |
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1 | | stated on in the record. A final
decision shall include |
2 | | findings of fact and conclusions of law, separately
stated. |
3 | | Findings of fact, if set forth in statutory language, shall be
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4 | | accompanied by a concise and explicit statement of the |
5 | | underlying facts
supporting the findings. If, in accordance |
6 | | with agency rules, a party
submitted proposed findings of fact, |
7 | | the decision shall include a ruling
upon each proposed finding. |
8 | | Parties or their agents appointed to receive
service of process |
9 | | shall be notified of any decision or order either personally , |
10 | | or by registered or
certified mail , by electronic mail as |
11 | | provided by Section 10-75, or as otherwise provided by law of |
12 | | any decision or order . Upon request a copy of the
decision or |
13 | | order shall be delivered or mailed forthwith to each party and
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14 | | to his attorney of record.
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15 | | (b) All agency orders shall specify whether they are final |
16 | | and subject
to the Administrative Review Law. Every final order |
17 | | shall contain a list of all parties of record to the case |
18 | | including the name and address of the agency or officer |
19 | | entering the order and the name and addresses of each party as |
20 | | known to the agency where the parties may be served with |
21 | | pleadings, notices, or service of process for any review or |
22 | | further proceedings. Every final order shall also state whether |
23 | | the rules of the agency require any motion or request for |
24 | | reconsideration and cite the rule for the requirement. The |
25 | | changes made by this amendatory Act of the 100th General |
26 | | Assembly apply to all actions filed under the Administrative |
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1 | | Review Law on or after the effective date of this amendatory |
2 | | Act of the 100th General Assembly.
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3 | | (c) A decision by any agency in a contested case under this |
4 | | Act shall be
void unless the proceedings are conducted in |
5 | | compliance with the provisions
of this Act relating to |
6 | | contested cases, except to the extent those provisions
are |
7 | | waived under Section 10-70 and except to the extent the
agency |
8 | | has adopted its own rules for contested cases as authorized in |
9 | | Section
1-5 .
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10 | | (Source: P.A. 100-212, eff. 8-18-17.)
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11 | | (5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)
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12 | | Sec. 10-60. Ex parte communications.
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13 | | (a) Except in the disposition of matters that agencies are |
14 | | authorized by
law to entertain or dispose of on an ex parte |
15 | | basis, final decision makers agency heads, agency
employees, |
16 | | and administrative law judges shall not , after notice of |
17 | | hearing
in a contested case or licensing to which the |
18 | | procedures of a contested
case apply under this Act, |
19 | | communicate, directly or indirectly , with any individual or |
20 | | party imparting or requesting material information or making a |
21 | | material argument regarding a contested case without , in
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22 | | connection with any issue of fact, with any person or party, or |
23 | | in
connection with any other issue with any party or the |
24 | | representative of any
party, except upon notice and opportunity |
25 | | for all parties to participate. Any such communication shall be |
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1 | | made part of the record of the pending matter, including all |
2 | | written communications, all written responses to the |
3 | | communications, and a memorandum stating the substance of all |
4 | | oral communications, all responses made, and the identity of |
5 | | each person from whom the ex parte communication was received.
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6 | | (b) An administrative law judge or final decision maker |
7 | | However, an agency member may communicate with individuals |
8 | | within the agency about a contested case, so long as the |
9 | | individual has not served as investigator, prosecutor, or |
10 | | advocate at any stage of the case, and if the communication |
11 | | does not affect the evidence in the record other members of
the |
12 | | agency, and an agency member or administrative law judge may |
13 | | have
the aid and advice of one or more personal assistants . |
14 | | Communications regarding matters of procedure and practice, |
15 | | such as the format of pleadings, number of copies required, |
16 | | manner of service, scheduling, and status of proceedings, are |
17 | | not considered ex parte communications under this Section.
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18 | | (c) (Blank). An ex parte communication received by any |
19 | | agency head, agency
employee, or administrative law judge shall |
20 | | be made a part of the record of
the pending matter, including |
21 | | all written communications, all written
responses to the |
22 | | communications, and a memorandum stating the substance of
all |
23 | | oral communications and all responses made and the identity of |
24 | | each
person from whom the ex parte communication was received.
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25 | | (d) (Blank). Communications regarding matters of procedure |
26 | | and practice, such
as the format of pleadings, number of copies |
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1 | | required, manner of service,
and status of proceedings, are not |
2 | | considered ex parte communications under
this Section.
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3 | | (Source: P.A. 87-823.)
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4 | | (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
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5 | | Sec. 10-65. Licenses.
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6 | | (a) When any licensing is required by law to be preceded by |
7 | | notice and
an opportunity for an administrative a hearing, the |
8 | | provisions of this Act concerning
contested cases shall apply.
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9 | | (b) When a licensee has made timely and sufficient |
10 | | application for
the renewal of a license or a new license with |
11 | | reference to any activity
of a continuing nature, the existing |
12 | | license shall continue in full
force and effect until the final |
13 | | agency decision on the application has
been made unless a later |
14 | | date is fixed by order of a reviewing court or the agency has |
15 | | summarily suspended the license under subsection (e) .
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16 | | (c) An application for a new license
shall include the |
17 | | applicant's social security number, which shall be retained in |
18 | | the agency's records pertaining to the license. As soon as |
19 | | practical, an agency must assign a customer identification |
20 | | number to each applicant for a license that the applicant may |
21 | | use in place of his or her social security number on the |
22 | | application for a license or renewal of a license. A licensee's |
23 | | social security number shall not appear on the face of his or |
24 | | her license. |
25 | | Regarding compliance with child support orders, the |
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1 | | following requirements shall apply: |
2 | | (1) Each agency shall require
the applicant or the |
3 | | licensee to certify on the
application or renewal form, |
4 | | under penalty of perjury, that he or she is not more than
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5 | | 30 days delinquent in complying with a child support order. |
6 | | Every
application or renewal form shall state that failure |
7 | | to so certify shall result in
disciplinary action, and that |
8 | | making a false statement may subject
the applicant or |
9 | | licensee
to contempt of court. |
10 | | (2) The agency shall notify each applicant or licensee
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11 | | who
acknowledges a delinquency or who, contrary to his or |
12 | | her certification, is
found to be delinquent or who after |
13 | | receiving notice, fails to comply with a
subpoena or |
14 | | warrant relating to a paternity or a child support |
15 | | proceeding,
that the agency intends to take disciplinary
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16 | | action. Accordingly, the agency shall provide written |
17 | | notice of the facts
or conduct upon which the agency will |
18 | | rely to support its proposed action
and the applicant or |
19 | | licensee shall be given an opportunity for an |
20 | | administrative a hearing
in accordance
with the provisions |
21 | | of the Act concerning contested cases. |
22 | | (3) Any delinquency
in complying with a child support |
23 | | order can be remedied by arranging for
payment of past due |
24 | | and current support. Any failure to comply with a
subpoena |
25 | | or warrant relating to a paternity or child support |
26 | | proceeding can be
remedied by complying with the subpoena |
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1 | | or warrant. |
2 | | (4) Upon a final finding of
delinquency or failure to |
3 | | comply with a subpoena or warrant, the agency
shall |
4 | | suspend, revoke, or refuse to issue or renew the license.
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5 | | (A) In cases in which the Department of Healthcare |
6 | | and Family Services (formerly Department of Public |
7 | | Aid) has previously determined that
an applicant or a
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8 | | licensee is more than 30 days delinquent in the
payment
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9 | | of child support and has subsequently certified the |
10 | | delinquency to the
licensing agency,
and in cases in |
11 | | which a court has previously determined that an |
12 | | applicant or
licensee has
been in violation of the |
13 | | Non-Support Punishment Act
for more than 60 days,
the |
14 | | licensing agency shall refuse to issue or
renew or |
15 | | shall
revoke or suspend that person's license based |
16 | | solely upon the certification of
delinquency made
by
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17 | | the Department of Healthcare and Family Services |
18 | | (formerly
Department of Public Aid) or the |
19 | | certification of violation made by the
court. Further |
20 | | process, hearings, or
redetermination of the |
21 | | delinquency or violation by the
licensing agency shall |
22 | | not be required. |
23 | | (B) The licensing agency may issue or
renew a |
24 | | license if the licensee has arranged for payment of
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25 | | past and current child support obligations in a manner |
26 | | satisfactory to
the
Department of Healthcare and |
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1 | | Family Services (formerly Department of Public Aid) or |
2 | | the court. The licensing agency may impose
conditions,
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3 | | restrictions, or disciplinary action upon that |
4 | | license.
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5 | | (d) Except as provided in subsection (c), no agency shall |
6 | | revoke,
suspend, annul, withdraw, amend
materially, or refuse |
7 | | to renew any valid license without first giving
written notice |
8 | | to the licensee of the facts or conduct upon which the
agency |
9 | | will rely to support its proposed action and an opportunity for |
10 | | an administrative
a hearing in accordance with the provisions |
11 | | of this Act concerning
contested cases. At the administrative |
12 | | hearing, the licensee shall have the right
to show compliance |
13 | | with all lawful requirements for the retention,
continuation, |
14 | | or renewal of the license. If, however, the agency finds
that |
15 | | the public interest, safety, or welfare imperatively requires
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16 | | emergency action, and if the agency incorporates a finding to |
17 | | that
effect in its order, summary suspension of a license may |
18 | | be ordered
pending proceedings for revocation or other action. |
19 | | Those proceedings
shall be promptly instituted and determined.
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20 | | (e) Any application for renewal of a license that contains
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21 | | required and relevant information, data, material, or |
22 | | circumstances that
were not contained in an application for the |
23 | | existing license shall be
subject to the provisions of |
24 | | subsection (a).
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25 | | (Source: P.A. 96-328, eff. 8-11-09; 97-400, eff. 1-1-12.)
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1 | | (5 ILCS 100/10-75 new) |
2 | | Sec. 10-75. Collection of email addresses. |
3 | | (a) The following requirements shall apply to the |
4 | | collection of email addresses under this Act: |
5 | | (1) At any time either before or after its issuance of |
6 | | a hearing notice as described in Section 10-25, an agency |
7 | | may require any attorney representing a party to the |
8 | | hearing to provide one or more email addresses at which |
9 | | they consent to accept service of the documents described |
10 | | in Sections 10-25 and 10-50 in connection with the hearing. |
11 | | A party represented by an attorney may provide the email |
12 | | address of the attorney. |
13 | | (2) To the extent a person or entity is subject to |
14 | | licensure, permitting, or regulation by an agency or |
15 | | submits an application for licensure or permitting to an |
16 | | agency, that agency may require, as a condition of |
17 | | application, licensure, permitting, or regulation, that |
18 | | such persons or entities consent to service by email of the |
19 | | documents described in Sections 10-25 and 10-50 in |
20 | | connection with any hearings that may arise under this |
21 | | paragraph (2) in connection with an application, licensure |
22 | | or regulation, provided that the agency: (i) requires that |
23 | | any person or entity providing an email address, update the |
24 | | email address if it is changed; and (ii) periodically |
25 | | verifies the email address. |
26 | | (3) At any time either before or after its issuance of |
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1 | | a hearing notice, as described in Section 10-25, an agency |
2 | | may request, but not require, an unrepresented party that |
3 | | is not subject to paragraph (2), to consent to accept |
4 | | service via email of the documents described in Sections |
5 | | 10-25 and 10-50 by designating an email address at which |
6 | | they will accept service. |
7 | | (4) Any person or entity who submits an email address |
8 | | under this Section shall also be given the option to |
9 | | designate no more than 2 secondary email addresses at which |
10 | | the person or entity consents to accept service, provided |
11 | | that, if any secondary email address is designated, an |
12 | | agency must serve the documents to both the designated |
13 | | primary and secondary email addresses. |
14 | | (b) Notwithstanding any party's consent to accept service |
15 | | via email, no document described in Sections 10-25 or 10-50 may |
16 | | be served by email to the extent the document contains: |
17 | | (1) a Social Security number or individual |
18 | | taxpayer-identification number; |
19 | | (2) a driver's license number; |
20 | | (3) a financial account number; |
21 | | (4) a debit or credit card number; |
22 | | (5) any other information that could reasonably be |
23 | | deemed personal, proprietary, confidential, or trade |
24 | | secret information; or |
25 | | (6) any information about or concerning a minor. |
26 | | (c) Service by email is deemed complete on the day of |
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1 | | transmission. Agencies that use email to serve documents under |
2 | | 10-25 and 10-50 shall adopt rules that specify the standard for |
3 | | confirming delivery, and failing that confirmation, what steps |
4 | | the agency will take to ensure that service by email or other |
5 | | means is accomplished. |
6 | | (5 ILCS 100/Art. 12 heading new) |
7 | | ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS |
8 | | (5 ILCS 100/12-5 new) |
9 | | Sec. 12-5. Applicability. This Article applies to all |
10 | | agencies under the jurisdiction of the Governor other than the |
11 | | following: |
12 | | the Illinois Labor Relations Board; |
13 | | the Illinois Educational Labor Relations Board; |
14 | | the Illinois Commerce Commission; |
15 | | the Illinois Workers' Compensation Commission; |
16 | | the Civil Service Commission; |
17 | | the Pollution Control Board; |
18 | | the State Police Merit Board; |
19 | | the Property Tax Appeal Board; |
20 | | the State Board of Elections; and |
21 | | the Illinois Independent Tax Tribunal. |
22 | | (5 ILCS 100/12-10 new) |
23 | | Sec. 12-10. Office of Administrative Hearings. |
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1 | | (a) The Office of Administrative Hearings, hereinafter |
2 | | referred to as the Office, is established as an independent |
3 | | subdivision within the Department of Central Management |
4 | | Services for the purpose of improving public trust and |
5 | | confidence in administrative
adjudication by: |
6 | | (1) separating the adjudicatory function from the |
7 | | investigatory, prosecutory, and policy-making functions of |
8 | | agencies in the executive branch; |
9 | | (2) establishing a professional corps of |
10 | | administrative law judges; |
11 | | (3) establishing greater uniformity in the rules of |
12 | | procedure and evidence in administrative adjudication; and |
13 | | (4) eliminating unnecessary and duplicative costs in |
14 | | administrative adjudication. |
15 | | (b) The Office is responsible for conducting |
16 | | administrative hearings in accordance with the legislative |
17 | | intent expressed by this Act, with administrative support from |
18 | | the Department of Central Management Services. |
19 | | (c) The Office is under the supervision and direction of a |
20 | | Chief Administrative Law Judge, who shall be appointed by the |
21 | | Governor, by and with the advice and consent of the Senate. The |
22 | | Chief Administrative Law Judge, as a condition of appointment, |
23 | | must have been admitted to practice law in the State of |
24 | | Illinois for at least 10 years, must have substantial knowledge |
25 | | and experience suitable to the duties of the Office, and may be |
26 | | removed only for good cause following notice and an opportunity |
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1 | | for an adjudicative hearing. |
2 | | (d) The Chief Administrative Law Judge must maintain his or |
3 | | her principal office in Springfield and may maintain any other |
4 | | offices that may be necessary. |
5 | | (e) The Department of Central Management Services shall |
6 | | purchase or lease any equipment and supplies that may be |
7 | | necessary to carry out the duties of the Office, and must |
8 | | maintain records and files of the work of the Office. |
9 | | (f) The Office of Administrative Hearings by and through |
10 | | the Chief Administrative Law Judge and any administrative law |
11 | | judge under this Article is empowered to subpoena and bring
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12 | | before it, him, or her any person in this State and to take |
13 | | testimony, in person or otherwise, upon payment of the same |
14 | | fees, and in the same manner as prescribed for circuit court |
15 | | proceedings by Supreme Court Rule and under the Code of Civil |
16 | | Procedure. The term "administrative law judge" as used in this |
17 | | Article means an administrative law judge as defined in Section |
18 | | 1-15 who is an employee of the Office. |
19 | | (g) The Office may enter into an interagency agreement with |
20 | | any agency to furnish administrative law judges to conduct |
21 | | administrative hearings not otherwise required to be conducted |
22 | | by the Office. The Office may also enter into an agreement with |
23 | | a unit of local government or school district to furnish |
24 | | administrative law judges to conduct administrative hearings. |
25 | | (h) Any finding, determination, ruling, or order issued as |
26 | | result of any hearing conducted for any public entity subject |
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1 | | to or contracted for under this Article shall have the same |
2 | | status and be subject to the same conditions and limitations as |
3 | | if conducted by that public entity. That public entity shall |
4 | | remain the proper party named and served in any action in |
5 | | administrative review under the provisions of the |
6 | | Administrative Review Law or other review or appeal provision |
7 | | provided by law. For the purposes of this subsection (h), |
8 | | "public entity" means any agency, unit of local government, |
9 | | school district, or any other entity created under the laws of |
10 | | State or local government. |
11 | | (i) The Office must develop and institute a program of |
12 | | continuing education and training for administrative law |
13 | | judges and may permit administrative law judges and hearing |
14 | | examiners employed by other agencies to participate in its |
15 | | program. The Office shall also implement the Administrative Law |
16 | | Judge (ALJ) Code of Professional Conduct for its administrative |
17 | | law judges, and make periodic amendments as prudent. The Office |
18 | | may develop and institute other educational programs in the |
19 | | area of administrative law and procedure for the benefit of |
20 | | State employees and those who participate in administrative |
21 | | hearings. |
22 | | (5 ILCS 100/12-15 new) |
23 | | Sec. 12-15. Chief Administrative Law Judge term of office; |
24 | | salary. |
25 | | (a) The Chief Administrative Law Judge shall serve for a |
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1 | | term of 6 years, and shall hold office until a successor is |
2 | | appointed. |
3 | | (b) The Chief Administrative Law Judge shall receive an |
4 | | annual salary as set by the Governor, from time to time. |
5 | | (5 ILCS 100/12-20 new) |
6 | | Sec. 12-20. Oath. Each prospective Chief Administrative |
7 | | Law Judge, before taking office, must take and subscribe to the |
8 | | oath or affirmation prescribed by Section 3 of Article XIII of |
9 | | the Illinois Constitution, an executed copy of which must be |
10 | | filed with the Secretary of State. |
11 | | (5 ILCS 100/12-25 new) |
12 | | Sec. 12-25. Powers and duties of the Chief Administrative |
13 | | Law Judge. |
14 | | (a) The Chief Administrative Law Judge may employ such |
15 | | administrative law judges that are necessary to carry out the |
16 | | purposes of this Article. |
17 | | (b) Except as otherwise provided in Section 12-40, an |
18 | | administrative law judge must be admitted to practice law in |
19 | | this State and must have a demonstrated knowledge of and |
20 | | experience in administrative law and procedure that is suitable |
21 | | to the duties of the office. |
22 | | (c) The Chief Administrative Law Judge may contract for the |
23 | | services of an attorney to serve as a special administrative |
24 | | law judge when necessary. |
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1 | | (d) The Chief Administrative Law Judge may employ and |
2 | | direct other staff, including administrative, supervisory, |
3 | | clerical, and other specialized or technical personnel that may |
4 | | be necessary to carry out the purposes of this Article. |
5 | | (e) The Chief Administrative Law Judge must assign an |
6 | | administrative law judge for any proceeding that is required by |
7 | | this Article to be conducted by the Office and for any |
8 | | proceeding for which the Office has agreed to furnish an |
9 | | administrative law judge as provided in Section 12-10 of this |
10 | | Act. No agency may select any individual administrative law |
11 | | judge for any proceeding or reject any individual |
12 | | administrative law judge. |
13 | | (f) Any administrative law judge so assigned does not |
14 | | become an employee of the agency during the assignment and is |
15 | | not subject to the direction or the supervision of the agency |
16 | | to whose proceeding the administrative law judge has been |
17 | | assigned. In cases where the agency is a party to the hearing, |
18 | | it shall have all rights and privileges and be subject to the |
19 | | same limitations as all other parties to the hearing. |
20 | | (g) In assigning administrative law judges, the Chief |
21 | | Administrative Law Judge must, when possible, use personnel |
22 | | having knowledge, training, or experience in the field or |
23 | | subject matter of the hearing and assign administrative law |
24 | | judges primarily to the hearings of particular agencies on a |
25 | | long-term basis. The Chief Administrative Law Judge may act as |
26 | | an administrative law judge in a particular case when |
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1 | | appropriate under law. |
2 | | (h) If an administrative law judge becomes unavailable as a |
3 | | result of recusal, disqualification, or any other reason, the |
4 | | Chief Administrative Law Judge must assign another |
5 | | administrative law judge to preside at the administrative |
6 | | hearing. |
7 | | (i) The Chief Administrative Law Judge shall adopt under |
8 | | Article 5 of this Act uniform rules of procedure and evidence |
9 | | governing hearings conducted by the Office of Administrative |
10 | | Hearings. Rules adopted by the Chief Administrative Law Judge |
11 | | shall supersede any contrary rules adopted by agencies subject |
12 | | to this Article, except to the extent required by federal law |
13 | | or State statute. The Chief
Administrative Law Judge may adopt |
14 | | additional rules as necessary to carry out the powers and |
15 | | duties of the Office of Administrative Hearings. |
16 | | (j) The Chief Administrative Law Judge must: |
17 | | (1) annually collect information on administrative law |
18 | | and procedure in this State and must study administrative |
19 | | law and procedure for the purpose of improving the |
20 | | fairness, efficiency, and uniformity of administrative |
21 | | adjudicatory proceedings in this State; |
22 | | (2) monitor the quality and cost of State |
23 | | administrative hearings; and |
24 | | (3) annually report his or her findings and |
25 | | recommendations to the Governor and to the General Assembly |
26 | | no later than March 15 of each year. |
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1 | | (5 ILCS 100/12-30 new) |
2 | | Sec. 12-30. Proceedings. Beginning on July 1, 2018, an |
3 | | administrative law judge of the Office shall preside over any |
4 | | administrative hearing of any agency subject to this Article, |
5 | | except that an administrative hearing in a contested case |
6 | | commenced before July 1, 2018, and pending before an |
7 | | administrative law judge not transferred to the Office of |
8 | | Administrative Hearings by operation of Section 12-40 shall not |
9 | | be heard by an administrative law judge of the Office without |
10 | | the agreement of the parties. |
11 | | (5 ILCS 100/12-35 new) |
12 | | Sec. 12-35. Authority of administrative law judges. An |
13 | | administrative law judge assigned by the Office to preside over |
14 | | an administrative hearing shall have the authority to: |
15 | | (1) conduct a fair, impartial, and formal hearing |
16 | | following the applicable evidentiary standards; |
17 | | (2) control the conduct of the hearing to prevent |
18 | | irrelevant or immaterial discussion and take all necessary |
19 | | actions to avoid delay; |
20 | | (3) inform participants of their individual rights and |
21 | | responsibilities; |
22 | | (4) conduct pre-hearing conferences; |
23 | | (5) take necessary steps to ensure the development of a |
24 | | clear and complete record, preserve all documents and |
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1 | | evidence for the record, and provide for the recording of |
2 | | the hearing; |
3 | | (6) administer an oath or an affirmation to all |
4 | | witnesses, permit examination of any witness under oath, |
5 | | examine any of the witnesses at any time or request |
6 | | additional information from either party, set reasonable |
7 | | limits on the scope of testimony or argument, and determine |
8 | | the order of appearance of all parties; |
9 | | (7) issue subpoenas requested prior to the hearing; |
10 | | (8) rule upon all motions, objections, and other |
11 | | matters arising in the course of the hearing; |
12 | | (9) receive all evidence and testimony and rule on its |
13 | | admissibility, as well as require the production of any |
14 | | relevant document, witness, or other evidence the |
15 | | administrative law judge deems material or relevant to any |
16 | | issue, including, but not limited to, additional |
17 | | testimony, documents, exhibits, briefs, memoranda of law, |
18 | | or post-hearing briefs; |
19 | | (10) require cooperation by all parties and maintain |
20 | | order and decorum, which the administrative law judge may |
21 | | accomplish by ordering the removal of any person from the |
22 | | hearing who is creating a disturbance that disrupts the |
23 | | hearing, whether by physical actions, profanity, or |
24 | | conduct; and |
25 | | (11) enter orders as are just to address any violation |
26 | | of this Article, administrative rules adopted under |
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1 | | Article 5 of this Act, or the administrative law judge's |
2 | | rulings. |
3 | | (5 ILCS 100/12-40 new) |
4 | | Sec. 12-40. Ex parte communications. |
5 | | (a) Except in the disposition of matters that are |
6 | | authorized by law to be disposed of on an ex parte basis, |
7 | | administrative law judges of the Office shall not communicate, |
8 | | directly or indirectly, with any individual or party imparting |
9 | | or requesting material information or making a material |
10 | | argument regarding a contested case without notice and |
11 | | opportunity for all parties to participate. Any such |
12 | | communication shall be made part of the record of the pending |
13 | | matter, including all written communications, all written |
14 | | responses to the communications, and a memorandum stating the |
15 | | substance of all oral communications, all responses made, and |
16 | | the identity of each person from whom the ex parte |
17 | | communication was received. |
18 | | (b) Communications regarding matters of procedure and |
19 | | practice, such as the format of pleadings, number of copies |
20 | | required, manner of service, scheduling, and status of |
21 | | proceedings, are not considered ex parte communications under |
22 | | this Section. |
23 | | (c) An administrative law judge's communications with |
24 | | other employees of the Office are not considered ex parte |
25 | | communications under this Section. |
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1 | | (5 ILCS 100/12-45 new) |
2 | | Sec. 12-45. Proposed decisions. |
3 | | (a) When a majority of the members of an agency or of an |
4 | | examining, advisory, or disciplinary board has not heard a case |
5 | | with the administrative law judge, any proposed decision |
6 | | prepared by an administrative law judge of the Office is |
7 | | subject to this Section and Section 10-45 of this Act. |
8 | | (b) When an administrative law judge hears a case alone, he |
9 | | or she must prepare a decision. The administrative law judge |
10 | | must submit the decision to the agency or, in the case of |
11 | | proceedings that an examining, advisory, or disciplinary board |
12 | | is authorized by law to
hear and make a recommended decision, |
13 | | to the examining, advisory, or disciplinary board. |
14 | | (c) When an administrative law judge hears a case with an |
15 | | agency head or with an examining, advisory, or disciplinary |
16 | | board, the administrative law judge must be present during the |
17 | | consideration of the case and must, if requested by the agency |
18 | | or by the board, prepare a proposed decision and submit it to |
19 | | the agency or board. |
20 | | (d) In reviewing a proposed decision submitted by an |
21 | | administrative law judge of the Office, an agency head or an |
22 | | examining, advisory, or disciplinary board is not bound by the |
23 | | proposed decision and may adopt all, some, or none of the |
24 | | proposed decision as its recommended decision. If the agency |
25 | | head or examining, advisory, or disciplinary board does not |
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1 | | adopt the proposed decision in its entirety, it must either: |
2 | | (i) recommend a decision in the case based upon the record, |
3 | | including transcript; or (ii) remand the case to the same |
4 | | administrative law judge to take additional evidence. |
5 | | (e) If a case has been remanded to an administrative law |
6 | | judge to take additional evidence or to include more detailed |
7 | | findings of fact or conclusions of law, the administrative law |
8 | | judge must prepare a proposed decision upon the additional |
9 | | evidence, the transcript, and other papers that are part of the |
10 | | record of the prior hearing, and must submit the proposed |
11 | | decision to the agency or to the examining, advisory, or |
12 | | disciplinary board. If the administrative law judge who heard |
13 | | the case originally is unavailable to take the additional |
14 | | evidence, by reason of illness, disability, or because he or |
15 | | she is no longer employed by the Office, the Chief |
16 | | Administrative Law Judge must assign a different |
17 | | administrative law judge to take the additional evidence. |
18 | | (5 ILCS 100/12-50 new) |
19 | | Sec. 12-50. Transition. |
20 | | (a) The Governor shall appoint a Chief Administrative Law |
21 | | Judge to take office on July 1, 2018. |
22 | | (b) No later than January 1, 2019, each State agency must |
23 | | provide to the Chief Administrative Law Judge all relevant |
24 | | information concerning its hearings. This information shall |
25 | | include, but not be limited to, the following: |
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1 | | (1) hearing functions, including: (i) number of |
2 | | hearings and current status; and (ii) federal and State |
3 | | rules, regulations, and internal policies and procedures |
4 | | related to each type of program for which administrative |
5 | | hearings can be held; |
6 | | (2) personnel used as: (i) administrative law judges, |
7 | | hearing officers, hearing referees, or any other term used |
8 | | to refer to those who conduct administrative hearings, |
9 | | including contractors; and (ii) support staff or staff that |
10 | | otherwise provides input or support to the hearing process; |
11 | | (3) the appropriation and source of funding for all |
12 | | positions, equipment, services, and travel used in the |
13 | | hearing process; and |
14 | | (4) all property, including leases, for personnel |
15 | | involved in the hearing process. |
16 | | (c) All personnel principally involved in administrative |
17 | | hearings conducted by an agency subject to the provisions of |
18 | | this Act for at least one year before July 1, 2018, must be |
19 | | administratively transferred to the Office no later than June |
20 | | 30, 2019. |
21 | | (d) All equipment or other tangible property, in possession |
22 | | of agencies, used or held principally by personnel transferred |
23 | | under the Section must be transferred to the Office not later |
24 | | than July 1, 2019, unless the head of the agency and the Chief |
25 | | Administrative Law Judge determine the equipment or property |
26 | | will be more efficiently used by the agency if not |