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92_SB0561
LRB9202788MWpr
1 AN ACT concerning administrative hearings.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 1-5, 1-15, 1-30, 10-5, 10-15,
6 10-20, 10-25, 10-45, 10-50, 10-60, and 10-65 and adding
7 Section 1-13 and Article 12 as follows:
8 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
9 Sec. 1-5. Applicability.
10 (a) This Act applies to every agency as defined in this
11 Act. Beginning January 1, 1978, in case of conflict between
12 the provisions of this Act and the Act creating or conferring
13 power on an agency, this Act shall control. If, however, an
14 agency (or its predecessor in the case of an agency that has
15 been consolidated or reorganized) has existing procedures on
16 July 1, 1977, specifically for contested cases or licensing,
17 those existing provisions control, except that this exception
18 respecting contested cases and licensing does not apply if
19 the Act creating or conferring power on the agency adopts by
20 express reference the provisions of this Act. Where the Act
21 creating or conferring power on an agency establishes
22 administrative procedures not covered by this Act, those
23 procedures shall remain in effect.
24 (b) The provisions of this Act do not apply to (i)
25 preliminary hearings, investigations, or practices where no
26 final determinations affecting State funding are made by the
27 State Board of Education, (ii) legal opinions issued under
28 Section 2-3.7 of the School Code, (iii) as to State colleges
29 and universities, their disciplinary and grievance
30 proceedings, academic irregularity and capricious grading
31 proceedings, and admission standards and procedures, and (iv)
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1 the class specifications for positions and individual
2 position descriptions prepared and maintained under the
3 Personnel Code. Those class specifications shall, however,
4 be made reasonably available to the public for inspection and
5 copying. The provisions of this Act do not apply to hearings
6 under Section 20 of the Uniform Disposition of Unclaimed
7 Property Act.
8 (c) Section 5-35 of this Act relating to procedures for
9 rulemaking does not apply to the following:
10 (1) Rules adopted by the Pollution Control Board
11 that, in accordance with Section 7.2 of the Environmental
12 Protection Act, are identical in substance to federal
13 regulations or amendments to those regulations
14 implementing the following: Sections 3001, 3002, 3003,
15 3004, 3005, and 9003 of the Solid Waste Disposal Act;
16 Section 105 of the Comprehensive Environmental Response,
17 Compensation, and Liability Act of 1980; Sections 307(b),
18 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
19 Water Pollution Control Act; and Sections 1412(b),
20 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
21 Water Act.
22 (2) Rules adopted by the Pollution Control Board
23 that establish or amend standards for the emission of
24 hydrocarbons and carbon monoxide from gasoline powered
25 motor vehicles subject to inspection under Section
26 13A-105 of the Vehicle Emissions Inspection Law and rules
27 adopted under Section 13B-20 of the Vehicle Emissions
28 Inspection Law of 1995.
29 (3) Procedural rules adopted by the Pollution
30 Control Board governing requests for exceptions under
31 Section 14.2 of the Environmental Protection Act.
32 (4) The Pollution Control Board's grant, pursuant
33 to an adjudicatory determination, of an adjusted standard
34 for persons who can justify an adjustment consistent with
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1 subsection (a) of Section 27 of the Environmental
2 Protection Act.
3 (5) Rules adopted by the Pollution Control Board
4 that are identical in substance to the regulations
5 adopted by the Office of the State Fire Marshal under
6 clause (ii) of paragraph (b) of subsection (3) of Section
7 2 of the Gasoline Storage Act.
8 (d) Pay rates established under Section 8a of the
9 Personnel Code shall be amended or repealed pursuant to the
10 process set forth in Section 5-50 within 30 days after it
11 becomes necessary to do so due to a conflict between the
12 rates and the terms of a collective bargaining agreement
13 covering the compensation of an employee subject to that
14 Code.
15 (e) Section 10-45 of this Act shall not apply to any
16 hearing, proceeding, or investigation conducted under Section
17 13-515 of the Public Utilities Act.
18 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
19 90-655, eff. 7-30-98.)
20 (5 ILCS 100/1-13 new)
21 Sec. 1-13. "Administrative hearing" means any hearing
22 required to comply with the provisions of this Act concerning
23 a contested case.
24 (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)
25 Sec. 1-15. "Administrative law judge" means the
26 presiding officer or officers at the initial administrative
27 hearing before each agency and each continuation of that
28 administrative hearing. The term also includes but is not
29 limited to hearing examiners, hearing officers, referees, and
30 arbitrators.
31 (Source: P.A. 87-823.)
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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 administrative a hearing.
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
12 contested case hearings.
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 administrative contested case hearing
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.
23 All Agencies shall adopt rules concerning the minimum
24 qualifications of administrative law judges for
25 administrative contested case hearings 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. The These rules may be adopted using the
30 procedures in either Section 5-15 or 5-35.
31 (Source: P.A. 87-823.)
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1 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
2 Sec. 10-25. Notice of contested cases; administrative
3 notice; hearing.
4 (a) In a contested case, all parties shall be afforded
5 an opportunity for an administrative a hearing 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.)
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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 on in the 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 each his attorney of
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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 10-70 10-75 and except to the extent the
9 agency has adopted its own rules for contested cases as
10 authorized in Section 1-5.
11 (Source: P.A. 87-823; revised 2-24-00.)
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, without except
23 upon notice 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
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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 administrative a hearing,
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
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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 administrative a hearing 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
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1 an opportunity for an administrative a hearing 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 Educational 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
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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.
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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 must 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
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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
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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
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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, 2003,
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 before January 1, 2003 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
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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,
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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.
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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)
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1 Sec. 12-40. Transition.
2 (a) The Governor must appoint a Chief Administrative Law
3 Judge to take office on July 1, 2002.
4 (b) No later than July 1, 2002, 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, 2002 must be administratively
14 transferred to the Office no later than January 1, 2003.
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, 2003.
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, 2003, 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 10. 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:
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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
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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.
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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.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/1-5 from Ch. 127, par. 1001-5
4 5 ILCS 100/1-13 new
5 5 ILCS 100/1-15 from Ch. 127, par. 1001-15
6 5 ILCS 100/1-30 from Ch. 127, par. 1001-30
7 5 ILCS 100/10-5 from Ch. 127, par. 1010-5
8 5 ILCS 100/10-15 from Ch. 127, par. 1010-15
9 5 ILCS 100/10-20 from Ch. 127, par. 1010-20
10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25
11 5 ILCS 100/10-45 from Ch. 127, par. 1010-45
12 5 ILCS 100/10-50 from Ch. 127, par. 1010-50
13 5 ILCS 100/10-60 from Ch. 127, par. 1010-60
14 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
15 5 ILCS 100/Art. 12 heading new
16 5 ILCS 100/12-5 new
17 5 ILCS 100/12-10 new
18 5 ILCS 100/12-15 new
19 5 ILCS 100/12-20 new
20 5 ILCS 100/12-25 new
21 5 ILCS 100/12-30 new
22 5 ILCS 100/12-35 new
23 5 ILCS 100/12-40 new
24 20 ILCS 415/4c from Ch. 127, par. 63b104c