Bill Text: IL HB5234 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Administrative Procedure Act. Provides that notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses. Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5234 Detail]

Download: Illinois-2017-HB5234-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5234 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
5 ILCS 100/10-25 from Ch. 127, par. 1010-25
5 ILCS 100/10-50 from Ch. 127, par. 1010-50
5 ILCS 100/10-75 new
Amends the Illinois Administrative Procedure Act. Provides that notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses. Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission.
LRB100 18760 RJF 33995 b
A BILL FOR
HB5234 LRB100 18760 RJF 33995 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 10-25 and 10-50 and by adding
Section 10-75 as follows:
(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
Sec. 10-25. Contested cases; notice; hearing.
(a) In a contested case, all parties shall be afforded an
opportunity for a hearing after reasonable notice. The notice
shall be served personally, served or by certified or
registered mail, served by electronic mail, or served as
otherwise provided by law upon the parties or their agents
appointed to receive service of process and shall include the
following:
(1) A statement of the time, place, and nature of the
hearing.
(2) A statement of the legal authority and jurisdiction
under which the hearing is to be held.
(3) A reference to the particular Sections of the
substantive and procedural statutes and rules involved.
(4) Except where a more detailed statement is otherwise
provided for by law, a short and plain statement of the

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matters asserted, the consequences of a failure to respond,
and the official file or other reference number.
(5) The names and mailing addresses of the
administrative law judge, all parties, and all other
persons to whom the agency gives notice of the hearing
unless otherwise confidential by law.
(b) An opportunity shall be afforded all parties to be
represented by legal counsel and to respond and present
evidence and argument.
(c) Unless precluded by law, disposition may be made of any
contested case by stipulation, agreed settlement, consent
order, or default.
(Source: P.A. 87-823.)
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.
(a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include findings
of fact and conclusions of law, separately stated. Findings of
fact, if set forth in statutory language, shall be accompanied
by a concise and explicit statement of the underlying facts
supporting the findings. If, in accordance with agency rules, a
party submitted proposed findings of fact, the decision shall
include a ruling upon each proposed finding. Parties or their
agents appointed to receive service of process shall be

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notified either personally, or by registered or certified mail,
or by electronic mail of any decision or order. Upon request a
copy of the decision or order shall be delivered or mailed
forthwith to each party and to his attorney of record.
(b) All agency orders shall specify whether they are final
and subject to the Administrative Review Law. Every final order
shall contain a list of all parties of record to the case
including the name and address of the agency or officer
entering the order and the addresses of each party as known to
the agency where the parties may be served with pleadings,
notices, or service of process for any review or further
proceedings. Every final order shall also state whether the
rules of the agency require any motion or request for
reconsideration and cite the rule for the requirement. The
changes made by this amendatory Act of the 100th General
Assembly apply to all actions filed under the Administrative
Review Law on or after the effective date of this amendatory
Act of the 100th General Assembly.
(c) A decision by any agency in a contested case under this
Act shall be void unless the proceedings are conducted in
compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 and except to the extent the agency
has adopted its own rules for contested cases as authorized in
Section 1-5.
(Source: P.A. 100-212, eff. 8-18-17.)

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(5 ILCS 100/10-75 new)
Sec. 10-75. Service by electronic mail.
(a) An agency may require all attorneys to designate an
electronic mail address to which all documents required under
Sections 10-25 and 10-50 may be transmitted. If required to
designate an electronic mail address, an attorney must
designate one primary electronic mail address, and may
designate no more than 2 secondary electronic mail addresses.
(b) An agency may request, but not require, an
unrepresented party to designate an electronic mail address to
which all documents required under Sections 10-25 and 10-50 may
be transmitted. An agency may by rule make electronic mail the
default option for service of documents.
(c) Service by electronic mail is complete on the first
business day following transmission.