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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB0113eng SB113 Engrossed LRB9100084MWgcA 1 AN ACT concerning administrative hearings, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Administrative Procedure Act is 6 amended by changing Sections 1-5, 1-15, 1-30, 10-5, 10-15, 7 10-20, 10-25, 10-45, 10-50, 10-60, and 10-65 and adding 8 Section 1-13 and Article 12 as follows: 9 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5) 10 Sec. 1-5. Applicability. 11 (a) This Act applies to every agency as defined in this 12 Act. Beginning January 1, 1978, in case of conflict between 13 the provisions of this Act and the Act creating or conferring 14 power on an agency, this Act shall control.If, however, an15agency (or its predecessor in the case of an agency that has16been consolidated or reorganized) has existing procedures on17July 1, 1977, specifically for contested cases or licensing,18those existing provisions control, except that this exception19respecting contested cases and licensing does not apply if20the Act creating or conferring power on the agency adopts by21express reference the provisions of this Act.Where the Act 22 creating or conferring power on an agency establishes 23 administrative procedures not covered by this Act, those 24 procedures shall remain in effect. 25 (b) The provisions of this Act do not apply to (i) 26 preliminary hearings, investigations, or practices where no 27 final determinations affecting State funding are made by the 28 State Board of Education, (ii) legal opinions issued under 29 Section 2-3.7 of the School Code, (iii) as to State colleges 30 and universities, their disciplinary and grievance 31 proceedings, academic irregularity and capricious grading SB113 Engrossed -2- LRB9100084MWgcA 1 proceedings, and admission standards and procedures, and (iv) 2 the class specifications for positions and individual 3 position descriptions prepared and maintained under the 4 Personnel Code. Those class specifications shall, however, 5 be made reasonably available to the public for inspection and 6 copying. The provisions of this Act do not apply to hearings 7 under Section 20 of the Uniform Disposition of Unclaimed 8 Property Act. 9 (c) Section 5-35 of this Act relating to procedures for 10 rulemaking does not apply to the following: 11 (1) Rules adopted by the Pollution Control Board 12 that, in accordance with Section 7.2 of the Environmental 13 Protection Act, are identical in substance to federal 14 regulations or amendments to those regulations 15 implementing the following: Sections 3001, 3002, 3003, 16 3004, 3005, and 9003 of the Solid Waste Disposal Act; 17 Section 105 of the Comprehensive Environmental Response, 18 Compensation, and Liability Act of 1980; Sections 307(b), 19 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal 20 Water Pollution Control Act; and Sections 1412(b), 21 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking 22 Water Act. 23 (2) Rules adopted by the Pollution Control Board 24 that establish or amend standards for the emission of 25 hydrocarbons and carbon monoxide from gasoline powered 26 motor vehicles subject to inspection under Section 27 13A-105 of the Vehicle Emissions Inspection Law and rules 28 adopted under Section 13B-20 of the Vehicle Emissions 29 Inspection Law of 1995. 30 (3) Procedural rules adopted by the Pollution 31 Control Board governing requests for exceptions under 32 Section 14.2 of the Environmental Protection Act. 33 (4) The Pollution Control Board's grant, pursuant 34 to an adjudicatory determination, of an adjusted standard SB113 Engrossed -3- LRB9100084MWgcA 1 for persons who can justify an adjustment consistent with 2 subsection (a) of Section 27 of the Environmental 3 Protection Act. 4 (5) Rules adopted by the Pollution Control Board 5 that are identical in substance to the regulations 6 adopted by the Office of the State Fire Marshal under 7 clause (ii) of paragraph (b) of subsection (3) of Section 8 2 of the Gasoline Storage Act. 9 (d) Pay rates established under Section 8a of the 10 Personnel Code shall be amended or repealed pursuant to the 11 process set forth in Section 5-50 within 30 days after it 12 becomes necessary to do so due to a conflict between the 13 rates and the terms of a collective bargaining agreement 14 covering the compensation of an employee subject to that 15 Code. 16 (e) Section 10-45 of this Act shall not apply to any 17 hearing, proceeding, or investigation conducted under Section 18 13-515 of the Public Utilities Act. 19 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97; 20 90-655, eff. 7-30-98.) 21 (5 ILCS 100/1-13 new) 22 Sec. 1-13. "Administrative hearing" means any hearing 23 required to comply with the provisions of this Act concerning 24 a contested case. 25 (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15) 26 Sec. 1-15. "Administrative law judge" means the 27 presiding officer or officers at the initial administrative 28 hearing before each agency and each continuation of that 29 administrative hearing. The term also includes but is not 30 limited to hearing examiners, hearing officers, referees, and 31 arbitrators. 32 (Source: P.A. 87-823.) SB113 Engrossed -4- LRB9100084MWgcA 1 (5 ILCS 100/1-30) (from Ch. 127, par. 1001-30) 2 Sec. 1-30. "Contested case" means an adjudicatory 3 proceeding (not including ratemaking, rulemaking, or 4 quasi-legislative, informational, or similar proceedings) in 5 which the individual legal rights, duties, or privileges of a 6 party are required by law to be determined by an agency only 7 after an opportunity for an administrativeahearing. 8 (Source: P.A. 87-823.) 9 (5 ILCS 100/10-5) (from Ch. 127, par. 1010-5) 10 Sec. 10-5. Rules required for hearings. All agencies 11 shall adopt rules establishing procedures for administrative 12contested casehearings. 13 (Source: P.A. 87-823.) 14 (5 ILCS 100/10-15) (from Ch. 127, par. 1010-15) 15 Sec. 10-15. Standard of proof. Unless otherwise 16 provided by law or stated in the agency's rules, the standard 17 of proof in any administrativecontested casehearing 18 conducted under this Act by an agency shall be the 19 preponderance of the evidence. 20 (Source: P.A. 87-823.) 21 (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20) 22 Sec. 10-20. Qualifications of administrative law judges. 23AllAgencies shall adopt rules concerning the minimum 24 qualifications of administrative law judges for 25 administrativecontested casehearings not subject to Article 26 12 of this Act. The agency head or an attorney licensed to 27 practice law in Illinois may act as an administrative law 28 judge or panel for an agency without adopting any rules under 29 this Section. TheTheserules may be adopted using the 30 procedures in either Section 5-15 or 5-35. 31 (Source: P.A. 87-823.) SB113 Engrossed -5- LRB9100084MWgcA 1 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25) 2 Sec. 10-25. Notice of contested cases; administrative 3notice;hearing. 4 (a) In a contested case, all parties shall be afforded 5 an opportunity for an administrativeahearing after 6 reasonable notice. The notice shall be served personally or 7 by certified or registered mail or as otherwise provided by 8 law upon the parties or their agents appointed to receive 9 service of process and shall include the following: 10 (1) A statement of the time, place, and nature of 11 the administrative hearing. 12 (2) A statement of the legal authority and 13 jurisdiction under which the administrative hearing is to 14 be held. 15 (3) A reference to the particular Sections of the 16 substantive and procedural statutes and rules involved. 17 (4) Except where a more detailed statement is 18 otherwise provided for by law, a short and plain 19 statement of the matters asserted, the consequences of a 20 failure to respond, and the official file or other 21 reference number. 22 (5) The names and mailing addresses of the 23 administrative law judge, all parties, and all other 24 persons to whom the agency gives notice of the 25 administrative hearing unless otherwise confidential by 26 law. 27 (b) An opportunity shall be afforded all parties to be 28 represented by legal counsel and to respond and present 29 evidence and argument. 30 (c) Unless precluded by law, disposition may be made of 31 any contested case by stipulation, agreed settlement, consent 32 order, or default. 33 (Source: P.A. 87-823.) SB113 Engrossed -6- LRB9100084MWgcA 1 (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45) 2 Sec. 10-45. Proposal for decision. Except where 3 otherwise expressly provided by law, when in a contested case 4 a majority of the officials of the agency who are to render 5 the final decision has not heard the case or read the 6 record, the decision, if adverse to a party to the proceeding 7 other than the agency, shall not be made until a proposal for 8 decision is served upon the parties and an opportunity is 9 afforded to each party adversely affected to file exceptions 10 and to present a brief and, if the agency so permits, oral 11 argument to the agency officials who are to render the 12 decision. The proposal for decision shall contain a 13 statement of the reasons therefor and of each issue of fact 14 or law necessary to the proposed decision and shall be 15 prepared by the persons who conducted the administrative 16 hearing or one who has read the record. 17 (Source: P.A. 87-823.) 18 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50) 19 Sec. 10-50. Decisions and orders. 20 (a) A final decision or order adverse to a party (other 21 than the agency) in a contested case shall be in writing or 22 stated oninthe record. A final decision shall include 23 findings of fact and conclusions of law, separately stated. 24 Findings of fact, if set forth in statutory language, shall 25 be accompanied by a concise and explicit statement of the 26 underlying facts supporting the findings. If, in accordance 27 with agency rules, a party submitted proposed findings of 28 fact, the decision shall include a ruling upon each proposed 29 finding. Parties or their agents appointed to receive 30 service of process shall be notified either personally or by 31 registered or certified mail of any decision or order. Upon 32 request a copy of the decision or order shall be delivered or 33 mailed forthwith to each party and to eachhisattorney of SB113 Engrossed -7- LRB9100084MWgcA 1 record. 2 (b) All agency orders shall specify whether they are 3 final and subject to the Administrative Review Law. 4 (c) A decision by any agency in a contested case under 5 this Act shall be void unless the proceedings are conducted 6 in compliance with the provisions of this Act relating to 7 contested cases, except to the extent those provisions are 8 waived under Section 10-75and except to the extent the9agency has adopted its own rules for contested cases as10authorized in Section 1-5. 11 (Source: P.A. 87-823.) 12 (5 ILCS 100/10-60) (from Ch. 127, par. 1010-60) 13 Sec. 10-60. Ex parte communications. 14 (a) Except in the disposition of matters that agencies 15 are authorized by law to entertain or dispose of on an ex 16 parte basis, agency heads, agency employees, and 17 administrative law judges shall not, after notice of hearing 18 in a contested case or licensing to which the procedures of a 19 contested case apply under this Act, communicate, directly or 20 indirectly, in connection with any issue of fact, with any 21 person or party, or in connection with any other issue with 22 any party or the representative of any party, withoutexcept23uponnotice and opportunity for all parties to participate. 24 (b) However, an agency member may communicate with other 25 members of the agency, and an agency member or administrative 26 law judge may have the aid and advice of one or more personal 27 assistants. 28 (c) An ex parte communication received by any agency 29 head, agency employee, or administrative law judge shall be 30 made a part of the record of the pending matter, including 31 all written communications, all written responses to the 32 communications, and a memorandum stating the substance of all 33 oral communications and all responses made and the identity SB113 Engrossed -8- LRB9100084MWgcA 1 of each person from whom the ex parte communication was 2 received. 3 (d) Communications regarding matters of procedure and 4 practice, such as the format of pleadings, number of copies 5 required, manner of service, scheduling, and status of 6 proceedings, are not considered ex parte communications under 7 this Section. 8 (Source: P.A. 87-823.) 9 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) 10 Sec. 10-65. Licenses. 11 (a) When any licensing is required by law to be preceded 12 by notice and an opportunity for an administrativeahearing, 13 the provisions of this Act concerning contested cases shall 14 apply. 15 (b) When a licensee has made timely and sufficient 16 application for the renewal of a license or a new license 17 with reference to any activity of a continuing nature, the 18 existing license shall continue in full force and effect 19 until the final agency decision on the application has been 20 made unless a later date is fixed by order of a reviewing 21 court. 22 (c) An application for the renewal of a license or a new 23 license shall include the applicant's social security number. 24 Each agency shall require the licensee to certify on the 25 application form, under penalty of perjury, that he or she is 26 not more than 30 days delinquent in complying with a child 27 support order. Every application shall state that failure to 28 so certify shall result in disciplinary action, and that 29 making a false statement may subject the licensee to contempt 30 of court. The agency shall notify each applicant or licensee 31 who acknowledges a delinquency or who, contrary to his or her 32 certification, is found to be delinquent or who after 33 receiving notice, fails to comply with a subpoena or warrant SB113 Engrossed -9- LRB9100084MWgcA 1 relating to a paternity or a child support proceeding, that 2 the agency intends to take disciplinary action. Accordingly, 3 the agency shall provide written notice of the facts or 4 conduct upon which the agency will rely to support its 5 proposed action and the applicant or licensee shall be given 6 an opportunity for an administrativeahearing in accordance 7 with the provisions of the Act concerning contested cases. 8 Any delinquency in complying with a child support order can 9 be remedied by arranging for payment of past due and current 10 support. Any failure to comply with a subpoena or warrant 11 relating to a paternity or child support proceeding can be 12 remedied by complying with the subpoena or warrant. Upon a 13 final finding of delinquency or failure to comply with a 14 subpoena or warrant, the agency shall suspend, revoke, or 15 refuse to issue or renew the license. In cases in which the 16 Department of Public Aid has previously determined that an 17 applicant or a licensee is more than 30 days delinquent in 18 the payment of child support and has subsequently certified 19 the delinquency to the licensing agency, the licensing agency 20 shall refuse to issue or renew or shall revoke or suspend 21 that person's license based solely upon the certification of 22 delinquency made by the Department of Public Aid. Further 23 process, hearings, or redetermination of the delinquency by 24 the licensing agency shall not be required. The licensing 25 agency may issue or renew a license if the licensee has 26 arranged for payment of past and current child support 27 obligations in a manner satisfactory to the Department of 28 Public Aid. The licensing agency may impose conditions, 29 restrictions, or disciplinary action upon that license. 30 (d) Except as provided in subsection (c), no agency 31 shall revoke, suspend, annul, withdraw, amend materially, or 32 refuse to renew any valid license without first giving 33 written notice to the licensee of the facts or conduct upon 34 which the agency will rely to support its proposed action and SB113 Engrossed -10- LRB9100084MWgcA 1 an opportunity for an administrativeahearing in accordance 2 with the provisions of this Act concerning contested cases. 3 At the administrative hearing, the licensee shall have the 4 right to show compliance with all lawful requirements for the 5 retention, continuation, or renewal of the license. If, 6 however, the agency finds that the public interest, safety, 7 or welfare imperatively requires emergency action, and if the 8 agency incorporates a finding to that effect in its order, 9 summary suspension of a license may be ordered pending 10 proceedings for revocation or other action. Those 11 proceedings shall be promptly instituted and determined. 12 (e) Any application for renewal of a license that 13 contains required and relevant information, data, material, 14 or circumstances that were not contained in an application 15 for the existing license shall be subject to the provisions 16 of subsection (a). 17 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.) 18 (5 ILCS 100/Art. 12 heading new) 19 ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS 20 (5 ILCS 100/12-5 new) 21 Sec. 12-5. Applicability. This Article applies to all 22 agencies under the jurisdiction of the Governor other than 23 the following: 24 (a) Illinois Labor Relations Boards created under the 25 Illinois Public Labor Relations Act; 26 (b) Illinois Education Labor Relations Board; 27 (c) Illinois Commerce Commission; 28 (d) Illinois Industrial Commission; 29 (e) Civil Service Commission; 30 (f) Pollution Control Board; 31 (g) Illinois State Police Merit Board; 32 (h) Property Tax Appeal Board; and SB113 Engrossed -11- LRB9100084MWgcA 1 (i) Human Rights Commission. 2 (5 ILCS 100/12-10 new) 3 Sec. 12-10. Office of Administrative Hearings. 4 (a) The Office of Administrative Hearings (Office) is 5 established. The Office is an independent State agency in 6 the executive branch and is responsible for conducting 7 administrative hearings in accordance with the legislative 8 intent expressed by this Act. 9 (b) The Office is under the direction of a Chief 10 Administrative Law Judge, appointed by the Governor, by and 11 with the advice and consent of the Senate. The Chief 12 Administrative Law Judge, as a condition of appointment, must 13 have been admitted to practice law in the State of Illinois 14 for at least 10 years, must have substantial knowledge and 15 experience suitable to the duties of the Office, and may be 16 removed only for good cause following notice and an 17 opportunity for an adjudicative hearing. 18 (c) The Chief Administrative Law Judge must maintain his 19 or her principal office in Springfield and may maintain any 20 other offices that may be necessary. The Chief 21 Administrative Law Judge may purchase or lease any equipment 22 and supplies that may be necessary to carry out his or her 23 duties and must maintain records and files of the work of the 24 Office. 25 (5 ILCS 100/12-15 new) 26 Sec. 12-15. Term of office and salary. 27 (a) The Chief Administrative Law Judge shall serve for a 28 term of 6 years, provided that he or she shall hold office 29 until a successor is appointed. 30 (b) The Chief Administrative Law Judge shall receive an 31 annual salary of $95,000 or the amount established by the 32 Compensation Review Board, whichever is greater. SB113 Engrossed -12- LRB9100084MWgcA 1 (5 ILCS 100/12-20 new) 2 Sec. 12-20. Oath. Each prospective Chief Administrative 3 Law Judge, before taking office, must take and subscribe to 4 the oath or affirmation prescribed by Section 3 of Article 5 XIII of the Illinois Constitution, an executed copy of which 6 shall be filed with the Secretary of State. 7 (5 ILCS 100/12-25 new) 8 Sec. 12-25. Powers and Duties of the Chief 9 Administrative Law Judge. The Chief Administrative Law Judge 10 has the following powers and duties: 11 (a) The Chief Administrative Law Judge may select any 12 administrative law judges that are necessary to carry out the 13 purposes of this Article. The Chief Administrative Law Judge 14 may establish different levels of administrative law judge 15 positions. The Chief Administrative Law Judge may employ and 16 direct other staff, including administrative, technical, 17 clerical, and other specialized or technical personnel that 18 may be necessary to carry out the purposes of this Article. 19 (1) Except as otherwise provided in paragraph (2) of 20 this subsection, each administrative law judge must have 21 been admitted to practice as an attorney in this State 22 for at least 5 years and must have a demonstrated 23 knowledge of and experience in administrative law and 24 procedure that is suitable to the duties of the Office. 25 An administrative law judge must be a full-time or 26 part-time employee of the Office, except that the Chief 27 Administrative Law Judge may contract for the services of 28 an attorney to serve as an administrative law judge for a 29 specific case, when necessary, because of a lack of 30 available employees with the expertise required to handle 31 a specialized contested case. 32 (2) The Chief Administrative Law Judge may employ 33 persons who are not admitted to practice as an attorney SB113 Engrossed -13- LRB9100084MWgcA 1 to act as administrative law judges if they are 2 transferred to the Office under subsection (c) of Section 3 12-40 of this Article. The Chief Administrative Law Judge 4 may also employ or contract with persons not admitted to 5 practice law if those persons have the requisite 6 knowledge of administrative law and procedure and the 7 specialized subject-matter expertise to act as 8 administrative law judges in highly technical cases. 9 (b) Employees of the Office are not subject to the 10 Personnel Code. The Chief Administrative Law Judge must 11 establish hiring procedures based upon merit and fitness and 12 may discipline and terminate employees based only upon good 13 cause. The Chief Administrative Law Judge must fix salaries 14 of Office employees and adopt personnel rules establishing a 15 general salary schedule according to a classification of 16 employees, subject to merit increases, that applies to all 17 employees. The Chief Administrative Law Judge must adopt a 18 code of conduct and rules concerning the hiring, discipline, 19 and termination of employees. 20 (c) The Chief Administrative Law Judge must assign an 21 administrative law judge for any proceeding that is required 22 by this Article to be conducted by the Office and for any 23 proceeding for which the Office has agreed to furnish an 24 administrative law judge as provided in subsection (d). Any 25 administrative law judge so assigned does not become an 26 employee of the agency during the assignment and is not 27 subject to the direction or the supervision of the agency to 28 whose proceeding the administrative law judge has been 29 assigned. 30 (d) The Office may enter into an interagency agreement 31 with any agency to furnish administrative law judges to 32 conduct administrative hearings not otherwise required to be 33 conducted by the Office. The Office may also enter into an 34 agreement with a unit of local government or school district SB113 Engrossed -14- LRB9100084MWgcA 1 to furnish administrative law judges to conduct 2 administrative hearings. 3 (e) In assigning administrative law judges, the Chief 4 Administrative Law Judge must, when possible, use personnel 5 having experience in the field or subject matter of the 6 hearing and assign administrative law judges primarily to the 7 hearings of particular agencies on a long-term basis. The 8 Chief Administrative Law Judge may act as an administrative 9 law judge in a particular case. 10 (f) The Office may adopt rules as necessary to carry out 11 its powers and duties under this Act. The rules must 12 include, but are not limited to, the procedures for 13 requesting the assignment of administrative law judges. No 14 agency, however, may select any individual administrative law 15 judge for any proceeding or reject any individual 16 administrative law judge, except in accordance with the 17 provisions of this Article regarding disqualifications. 18 (g) The Office must develop and institute a program of 19 continuing education and training for administrative law 20 judges and may permit administrative law judges and hearing 21 examiners employed by other agencies to participate in its 22 program. The Office may develop and institute other 23 educational programs in the area of administrative law and 24 procedure for the benefit of State employees and those who 25 participate in administrative hearings. 26 (h) The Office must: 27 (1) annually collect information on administrative 28 law and procedure in Illinois and must study 29 administrative law and procedure for the purpose of 30 improving the fairness, efficiency, and uniformity of 31 administrative adjudicatory proceedings in Illinois; 32 (2) monitor the quality and cost of State 33 administrative hearings; and 34 (3) annually report its findings and SB113 Engrossed -15- LRB9100084MWgcA 1 recommendations to the Governor and to the General 2 Assembly no later than March 15 of each year. 3 (5 ILCS 100/12-30 new) 4 Sec. 12-30. Proceedings. Beginning on January 1, 2001, 5 an administrative law judge of the Office shall preside over 6 any administrative hearing of any agency subject to this 7 Article, except that an administrative hearing in a contested 8 case commenced prior to January 1, 2001 and pending before an 9 administrative law judge not transferred to the Office of 10 Administrative Hearings by operation of Section 12-40 of this 11 Article shall not be heard by an administrative law judge of 12 the Office without the agreement of the parties. 13 (5 ILCS 100/12-35 new) 14 Sec. 12-35. Administrative Hearing Procedures. 15 (a) Time and place of hearing. The Office must consult 16 the agency and determine the place and the time of 17 commencement of the administrative hearing. 18 (b) Powers of administrative law judge. The 19 administrative law judge presides at the administrative 20 hearing and may: 21 (1) administer oaths and affirmations; 22 (2) rule on offers of proof and receive relevant 23 evidence; 24 (3) regulate the schedule and the course of the 25 hearing; 26 (4) dispose of procedural requests or similar 27 matters; 28 (5) sign and issue subpoenas in the name of the 29 agency requiring attendance and giving of testimony by 30 witnesses and the production of books, papers, and other 31 documentary evidence; 32 (6) exercise any other powers relating to the SB113 Engrossed -16- LRB9100084MWgcA 1 conduct of the administrative hearing that are lawfully 2 delegated to him or her by the agency or by the 3 examining, advisory, or disciplinary board. Whenever, 4 after an agency head or an examining, advisory, or 5 disciplinary board has commenced hearing a case with an 6 administrative law judge presiding, a quorum no longer 7 exists, the administrate law judge who is presiding must 8 complete the hearing as if sitting alone and must render 9 a proposed decision in accordance with subsection (e) of 10 this Section; and 11 (7) perform other necessary and appropriate acts in 12 the performance of his or her duties. 13 (c) Disqualifications. 14 (1) An administrative law judge of the Office must 15 voluntarily disqualify himself or herself and withdraw 16 from any case for bias, prejudice, interest, or any other 17 cause for which, under the laws of this State, a State 18 court judge is disqualified from hearing a particular 19 case. An administrative law judge should perform the 20 duties of the Office impartially and diligently. 21 (2) Any party may petition for the disqualification 22 of any administrative law judge by filing an affidavit 23 stating with particularity the grounds upon which it is 24 claimed that a fair and impartial hearing cannot be 25 accorded. The affidavit must be filed before the taking 26 of evidence or, if evidence has already been taken, 27 promptly upon discovering facts establishing grounds for 28 disqualification. 29 (3) The administrative law judge whose 30 disqualification is requested must determine whether to 31 grant the petition, stating facts and reasons for the 32 determination. 33 (4) If an administrative law judge becomes 34 unavailable as a result of recusal or any other reasons, SB113 Engrossed -17- LRB9100084MWgcA 1 the Chief Administrative Law Judge must assign another 2 administrative law judge to preside at the administrative 3 hearing. 4 (d) Ex parte communications. Except in disposition of 5 matters that are authorized by law to be disposed of on an ex 6 parte basis, no administrative law judge of the Office may, 7 after notice of an administrative hearing in a contested 8 case, communicate, directly or indirectly, in connection with 9 any issue of fact, with any person or party, or in connection 10 with any other issue with any party or his or her 11 representative, without notice and opportunity for all 12 parties to participate. An administrative law judge, 13 however, may communicate with other employees of the Office. 14 No member of the Office may communicate regarding pending 15 matters to any member of an agency or of an examining, 16 advisory, or disciplinary board if the agency or board is 17 hearing the case with the administrative law judge. An 18 administrative law judge may have the aid and advice of one 19 or more assistants. 20 (e) Proposed decisions. When a majority of the members 21 of an agency or of an examining, advisory, or disciplinary 22 board has not heard a case with the administrative law judge, 23 any proposed decision prepared by an administrative law judge 24 of the Office is subject to this subsection (e) and Section 25 10-45 of this Act. 26 (1) When an administrative law judge hears a case 27 alone, he or she must prepare a proposed decision in a 28 form that may be adopted as the decision in the case. 29 The administrative law judge must submit the proposed 30 decision to the agency or, in the case of proceedings 31 that an examining, advisory, or disciplinary board is 32 authorized by an Act to hear and make a recommended 33 decision, to the examining, advisory, or disciplinary 34 board. SB113 Engrossed -18- LRB9100084MWgcA 1 (2) When an administrative law judge hears a case 2 with an agency head or with an examining, advisory, or 3 disciplinary board, the administrative law judge must be 4 present during the consideration of the case and must, if 5 requested by the agency or by the board, prepare a 6 proposed decision and submit it to the agency or board. 7 (3) In reviewing a proposed decision submitted by 8 an administrative law judge of the Office, an agency head 9 or an examining, advisory, or disciplinary board is not 10 bound by the proposed decision and may adopt all, some, 11 or none of the proposed decision as its recommended 12 decision. If the agency head or examining, advisory, or 13 disciplinary board does not adopt the proposed decision 14 in its entirety, it must either (i) recommend a decision 15 in the case based upon the record, including transcript, 16 or (ii) remand the case to the same administrative law 17 judge to take additional evidence. 18 (4) If a case has been remanded to an 19 administrative law judge to take additional evidence or 20 to include more detailed findings of fact or conclusions 21 of law, the administrative law judge must prepare a 22 proposed decision upon the additional evidence and upon 23 the transcript and other papers that are part of the 24 record of the prior hearing and must submit the proposed 25 decision to the agency or to the examining, advisory, or 26 disciplinary board. If the administrative law judge who 27 heard the case originally is unavailable to take the 28 additional evidence, by reason of illness or other 29 disability or because he or she is no longer employed by 30 the Office, the Chief Administrative Law Judge must 31 assign a different administrative law judge to take the 32 additional evidence. 33 (5 ILCS 100/12-40 new) SB113 Engrossed -19- LRB9100084MWgcA 1 Sec. 12-40. Transition. 2 (a) The Governor must appoint a Chief Administrative Law 3 Judge to take office on July 1, 2000. 4 (b) No later than July 1, 2000, each agency must provide 5 to the Chief Administrative Law Judge all relevant 6 information concerning hearings, number of hearings, 7 personnel used as hearing officers and support staff, and 8 actual expenditures for contracted hearing officer services, 9 equipment, and travel. 10 (c) All full-time administrative law judges used 11 principally to preside over administrative hearings conducted 12 by an agency subject to the provisions of this Act for at 13 least one year before July 1, 2000 must be administratively 14 transferred to the Office no later than January 1, 2001. 15 (d) All full-time employees who have principally served 16 as support staff of those employees transferred under 17 subsection (c) of this Section must be administratively 18 transferred to the Office no later than January 1, 2001. 19 (e) All equipment or other tangible property, in 20 possession of agencies, used or held principally by personnel 21 transferred under this Section must be transferred to the 22 Office not later than January 1, 2001, unless the head of the 23 agency and the Chief Administrative Law Judge determine that 24 the equipment or property will be more efficiently used by 25 the agency if not transferred. 26 Section 15. The Personnel Code is amended by changing 27 Section 4c as follows: 28 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) 29 Sec. 4c. General exemptions. The following positions in 30 State service shall be exempt from jurisdictions A, B, and C, 31 unless the jurisdictions shall be extended as provided in 32 this Act: SB113 Engrossed -20- LRB9100084MWgcA 1 (1) All officers elected by the people. 2 (2) All positions under the Lieutenant Governor, 3 Secretary of State, State Treasurer, State Comptroller, 4 State Board of Education, Clerk of the Supreme Court, and 5 Attorney General. 6 (3) Judges, and officers and employees of the 7 courts, and notaries public. 8 (4) All officers and employees of the Illinois 9 General Assembly, all employees of legislative 10 commissions, all officers and employees of the Illinois 11 Legislative Reference Bureau, the Legislative Research 12 Unit, and the Legislative Printing Unit. 13 (5) All positions in the Illinois National Guard 14 and Illinois State Guard, paid from federal funds or 15 positions in the State Military Service filled by 16 enlistment and paid from State funds. 17 (6) All employees of the Governor at the executive 18 mansion and on his immediate personal staff. 19 (7) Directors of Departments, the Adjutant General, 20 the Assistant Adjutant General, the Director of the 21 Illinois Emergency Management Agency, members of boards 22 and commissions, and all other positions appointed by 23 the Governor by and with the consent of the Senate. 24 (8) The presidents, other principal administrative 25 officers, and teaching, research and extension faculties 26 of Chicago State University, Eastern Illinois University, 27 Governors State University, Illinois State University, 28 Northeastern Illinois University, Northern Illinois 29 University, Western Illinois University, the Illinois 30 Community College Board, Southern Illinois University, 31 Illinois Board of Higher Education, University of 32 Illinois, State Universities Civil Service System, 33 University Retirement System of Illinois, and the 34 administrative officers and scientific and technical SB113 Engrossed -21- LRB9100084MWgcA 1 staff of the Illinois State Museum. 2 (9) All other employees except the presidents, 3 other principal administrative officers, and teaching, 4 research and extension faculties of the universities 5 under the jurisdiction of the Board of Regents and the 6 colleges and universities under the jurisdiction of the 7 Board of Governors of State Colleges and Universities, 8 Illinois Community College Board, Southern Illinois 9 University, Illinois Board of Higher Education, Board of 10 Governors of State Colleges and Universities, the Board 11 of Regents, University of Illinois, State Universities 12 Civil Service System, University Retirement System of 13 Illinois, so long as these are subject to the provisions 14 of the State Universities Civil Service Act. 15 (10) The State Police so long as they are subject 16 to the merit provisions of the State Police Act. 17 (11) The scientific staff of the State Scientific 18 Surveys and the Waste Management and Research Center. 19 (12) The technical and engineering staffs of the 20 Department of Transportation, the Department of Nuclear 21 Safety and the Illinois Commerce Commission, and the 22 technical and engineering staff providing architectural 23 and engineering services in the Department of Central 24 Management Services. 25 (13) All employees of the Illinois State Toll 26 Highway Commission. 27 (14) The Secretary of the Industrial Commission. 28 (15) All persons who are appointed or employed by 29 the Director of Insurance under authority of Section 202 30 of the Illinois Insurance Code to assist the Director of 31 Insurance in discharging his responsibilities relating to 32 the rehabilitation, liquidation, conservation, and 33 dissolution of companies that are subject to the 34 jurisdiction of the Illinois Insurance Code. SB113 Engrossed -22- LRB9100084MWgcA 1 (16) All employees of the St. Louis Metropolitan 2 Area Airport Authority. 3 (17) All investment officers employed by the 4 Illinois State Board of Investment. 5 (18) Employees of the Illinois Young Adult 6 Conservation Corps program, administered by the Illinois 7 Department of Natural Resources, authorized grantee under 8 Title VIII of the Comprehensive Employment and Training 9 Act of 1973, 29 USC 993. 10 (19) Seasonal employees of the Department of 11 Agriculture for the operation of the Illinois State Fair 12 and the DuQuoin State Fair, no one person receiving more 13 than 29 days of such employment in any calendar year. 14 (20) All "temporary" employees hired under the 15 Department of Natural Resources' Illinois Conservation 16 Service, a youth employment program that hires young 17 people to work in State parks for a period of one year or 18 less. 19 (21) All hearing officers of the Human Rights 20 Commission. 21 (22) All employees of the Illinois Mathematics and 22 Science Academy. 23 (23) All employees of the Kankakee River Valley 24 Area Airport Authority. 25 (24) All employees of the Office of Administrative 26 Hearings. 27 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490, 28 eff. 8-17-97.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law. SB113 Engrossed -23- LRB9100084MWgcA 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 100/10-20 from Ch. 127, par. 1010-20 4 5 ILCS 100/10-30 from Ch. 127, par. 1010-30 5 5 ILCS 100/Art. 12 heading new 6 5 ILCS 100/12-5 new 7 5 ILCS 100/12-10 new 8 5 ILCS 100/12-15 new 9 5 ILCS 100/12-20 new 10 5 ILCS 100/12-25 new 11 5 ILCS 100/12-30 new 12 5 ILCS 100/12-35 new 13 5 ILCS 100/12-40 new 14 5 ILCS 315/3 from Ch. 48, par. 1603 15 20 ILCS 415/4c from Ch. 127, par. 63b104c