Bill Text: IL SB0584 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Administrative Procedure Act. Provides that in a contested case, the notice required to be provided to all parties may be served by electronic mail if agreed to by the parties. Requires every final order to 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. Requires every final order to state whether the rules of the agency require any motion or request for reconsideration to make the decision reviewable under the Administrative Review Law and to cite the rule for the requirement. Amends the Code of Civil Procedure. Provides that the scope of an Article concerning administrative review shall be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions. Provides that no action for administrative review shall be dismissed for lack of jurisdiction under certain specified circumstances. Provides that the circuit court has the power to correct misnomers, which shall include any erroneous identification of the administrative agency. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0212 [SB0584 Detail]
Download: Illinois-2017-SB0584-Enrolled.html
Bill Title: Amends the Illinois Administrative Procedure Act. Provides that in a contested case, the notice required to be provided to all parties may be served by electronic mail if agreed to by the parties. Requires every final order to 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. Requires every final order to state whether the rules of the agency require any motion or request for reconsideration to make the decision reviewable under the Administrative Review Law and to cite the rule for the requirement. Amends the Code of Civil Procedure. Provides that the scope of an Article concerning administrative review shall be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions. Provides that no action for administrative review shall be dismissed for lack of jurisdiction under certain specified circumstances. Provides that the circuit court has the power to correct misnomers, which shall include any erroneous identification of the administrative agency. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0212 [SB0584 Detail]
Download: Illinois-2017-SB0584-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
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 Section 10-50 as follows:
| ||||||
6 | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| ||||||
7 | Sec. 10-50. Decisions and orders.
| ||||||
8 | (a) A final decision or order adverse to a party (other | ||||||
9 | than the agency)
in a contested case shall be in writing or | ||||||
10 | stated in the record. A final
decision shall include findings | ||||||
11 | of fact and conclusions of law, separately
stated. Findings of | ||||||
12 | fact, if set forth in statutory language, shall be
accompanied | ||||||
13 | by a concise and explicit statement of the underlying facts
| ||||||
14 | supporting the findings. If, in accordance with agency rules, a | ||||||
15 | party
submitted proposed findings of fact, the decision shall | ||||||
16 | include a ruling
upon each proposed finding. Parties or their | ||||||
17 | agents appointed to receive
service of process shall be | ||||||
18 | notified either personally or by registered or
certified mail | ||||||
19 | of any decision or order. Upon request a copy of the
decision | ||||||
20 | or order shall be delivered or mailed forthwith to each party | ||||||
21 | and
to his attorney of record.
| ||||||
22 | (b) All agency orders shall specify whether they are final | ||||||
23 | and subject
to the Administrative Review Law. Every final order |
| |||||||
| |||||||
1 | shall contain a list of all parties of record to the case | ||||||
2 | including the name and address of the agency or officer | ||||||
3 | entering the order and the addresses of each party as known to | ||||||
4 | the agency where the parties may be served with pleadings, | ||||||
5 | notices, or service of process for any review or further | ||||||
6 | proceedings. Every final order shall also state whether the | ||||||
7 | rules of the agency require any motion or request for | ||||||
8 | reconsideration and cite the rule for the requirement. The | ||||||
9 | changes made by this amendatory Act of the 100th General | ||||||
10 | Assembly apply to all actions filed under the Administrative | ||||||
11 | Review Law on or after the effective date of this amendatory | ||||||
12 | Act of the 100th General Assembly.
| ||||||
13 | (c) A decision by any agency in a contested case under this | ||||||
14 | Act shall be
void unless the proceedings are conducted in | ||||||
15 | compliance with the provisions
of this Act relating to | ||||||
16 | contested cases, except to the extent those provisions
are | ||||||
17 | waived under Section 10-70 and except to the extent the
agency | ||||||
18 | has adopted its own rules for contested cases as authorized in | ||||||
19 | Section
1-5.
| ||||||
20 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
21 | Section 10. The Code of Civil Procedure is amended by | ||||||
22 | changing Sections 3-107 and 3-111 as follows:
| ||||||
23 | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
| ||||||
24 | Sec. 3-107. Defendants.
|
| |||||||
| |||||||
1 | (a) Except as provided in subsection (b) or (c), in any | ||||||
2 | action to review any final
decision of an administrative | ||||||
3 | agency, the administrative agency and all
persons, other than | ||||||
4 | the plaintiff, who were parties of record to the
proceedings | ||||||
5 | before the
administrative agency shall be made defendants. The | ||||||
6 | method of service of the decision shall be as provided in the | ||||||
7 | Act governing the procedure before the administrative agency, | ||||||
8 | but if no method is provided, a decision shall be deemed to | ||||||
9 | have been served either when a copy of the decision is | ||||||
10 | personally delivered or when a copy of the decision is | ||||||
11 | deposited in the United States mail, in a sealed envelope or | ||||||
12 | package, with postage prepaid, addressed to the party affected | ||||||
13 | by the decision at his or her last known residence or place of | ||||||
14 | business. The form of the summons and the issuance of alias | ||||||
15 | summons shall be according to rules of the Supreme Court.
| ||||||
16 | No action for administrative review shall be dismissed for | ||||||
17 | lack of
jurisdiction : (1) based upon misnomer of an agency, | ||||||
18 | board, commission, or party that is properly served with | ||||||
19 | summons that was issued in the action within the applicable | ||||||
20 | time limits; or (2) for a the failure to name an employee, | ||||||
21 | agent, or member, who
acted in his or her official capacity, of | ||||||
22 | an administrative agency, board,
committee, or government | ||||||
23 | entity , where a timely action for administrative review has | ||||||
24 | been filed that identifies the final administrative decision | ||||||
25 | under review and that makes a good faith effort to properly | ||||||
26 | name the administrative agency, board,
committee, or |
| |||||||
| |||||||
1 | government entity , has been named as a defendant as provided in
| ||||||
2 | this Section . Naming the director or agency head, in his or her | ||||||
3 | official
capacity, shall be deemed to include as defendant the | ||||||
4 | administrative agency,
board, committee, or government entity | ||||||
5 | that the named defendants direct or
head. No action for | ||||||
6 | administrative review shall be dismissed for lack of
| ||||||
7 | jurisdiction based upon the failure to name an administrative | ||||||
8 | agency, board,
committee, or government entity, where the | ||||||
9 | director or agency head, in his or
her official capacity, has | ||||||
10 | been named as a defendant as provided in this
Section.
| ||||||
11 | If, during the course of a review action, the court | ||||||
12 | determines that an agency or a party
of record to the | ||||||
13 | administrative proceedings was not made a defendant as
required | ||||||
14 | by the preceding paragraph, then the
court shall grant the | ||||||
15 | plaintiff 35 days from the date of the determination in
which | ||||||
16 | to name and serve the unnamed agency or party as a defendant. | ||||||
17 | The court shall
permit the newly served defendant to | ||||||
18 | participate in the proceedings to the
extent the interests of | ||||||
19 | justice may require.
| ||||||
20 | (b) With respect to actions to review decisions of a zoning | ||||||
21 | board of
appeals in a municipality with a population of 500,000 | ||||||
22 | or more inhabitants
under Division 13 of Article 11 of the | ||||||
23 | Illinois Municipal Code, "parties of
record" means only the | ||||||
24 | zoning board of appeals and applicants before the
zoning board | ||||||
25 | of appeals. The plaintiff shall send a notice of filing of
the | ||||||
26 | action by certified mail to each other person who appeared |
| |||||||
| |||||||
1 | before and
submitted oral testimony or written statements to | ||||||
2 | the zoning board of
appeals with respect to the decision | ||||||
3 | appealed from. The notice shall be
mailed within 2 days of the | ||||||
4 | filing of the action. The notice shall state
the caption of the | ||||||
5 | action, the court in which the action is filed, and the
names | ||||||
6 | of the plaintiff in the action and the applicant to the zoning | ||||||
7 | board
of appeals. The notice shall inform the person of his or | ||||||
8 | her right to
intervene. Each person who appeared before and | ||||||
9 | submitted oral testimony
or written statements to the zoning | ||||||
10 | board of appeals with respect to the
decision appealed from | ||||||
11 | shall have a right to intervene as a defendant in
the action | ||||||
12 | upon application made to the court within 30 days of the | ||||||
13 | mailing
of the notice.
| ||||||
14 | (c) With respect to actions to review decisions of a | ||||||
15 | hearing officer or a county zoning board of appeals under | ||||||
16 | Division 5-12 of Article 5 of the Counties Code, "parties of | ||||||
17 | record" means only the hearing officer or the zoning board of | ||||||
18 | appeals and applicants before the hearing officer or the zoning | ||||||
19 | board of appeals. The plaintiff shall send a notice of filing | ||||||
20 | of the action by certified mail to each other person who | ||||||
21 | appeared before and submitted oral testimony or written | ||||||
22 | statements to the hearing officer or the zoning board of | ||||||
23 | appeals with respect to the decision appealed from. The notice | ||||||
24 | shall be mailed within 2 days of the filing of the action. The | ||||||
25 | notice shall state the caption of the action, the court in | ||||||
26 | which the action is filed, and the name of the plaintiff in the |
| |||||||
| |||||||
1 | action and the applicant to the hearing officer or the zoning | ||||||
2 | board of appeals. The notice shall inform the person of his or | ||||||
3 | her right to intervene. Each person who appeared before and | ||||||
4 | submitted oral testimony or written statements to the hearing | ||||||
5 | officer or the zoning board of appeals with respect to the | ||||||
6 | decision appealed from shall have a right to intervene as a | ||||||
7 | defendant in the action upon application made to the court | ||||||
8 | within 30 days of the mailing of the notice. This subsection | ||||||
9 | (c) applies to zoning proceedings commenced on or after July 1, | ||||||
10 | 2007 ( the effective date of Public Act 95-321) this amendatory | ||||||
11 | Act of the 95th General Assembly .
| ||||||
12 | (d) The changes to this Section made by Public Act | ||||||
13 | 95-831 this amendatory Act of the 95th General Assembly apply to | ||||||
14 | all actions filed on or after August 21, 2007 ( the effective | ||||||
15 | date of Public Act 95-831) this amendatory Act of the 95th | ||||||
16 | General Assembly . The changes made by this amendatory Act of | ||||||
17 | the 100th General Assembly apply to all actions filed on or | ||||||
18 | after the effective date of this amendatory Act of the 100th | ||||||
19 | General Assembly. | ||||||
20 | (Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
| ||||||
21 | (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
| ||||||
22 | Sec. 3-111. Powers of circuit court.
| ||||||
23 | (a) The Circuit Court has power:
| ||||||
24 | (1) with or without requiring bond (except if otherwise | ||||||
25 | provided in
the particular statute under authority of which |
| |||||||
| |||||||
1 | the administrative
decision was entered), and before or | ||||||
2 | after answer filed, upon notice to
the agency and good | ||||||
3 | cause shown, to stay the decision of the
administrative | ||||||
4 | agency in whole or in part pending the final disposition
of | ||||||
5 | the case. For the purpose of this subsection, "good cause" | ||||||
6 | requires the
applicant to show (i) that an immediate stay | ||||||
7 | is required in order to preserve
the status quo without | ||||||
8 | endangering the public, (ii) that it is not contrary to
| ||||||
9 | public policy, and (iii) that there exists a reasonable | ||||||
10 | likelihood of success
on the merits;
| ||||||
11 | (2) to make any order that it deems proper for the | ||||||
12 | amendment,
completion or filing of the record of | ||||||
13 | proceedings of the administrative
agency;
| ||||||
14 | (3) to allow substitution of parties by reason of | ||||||
15 | marriage, death,
bankruptcy, assignment or other cause;
| ||||||
16 | (4) to dismiss parties, to correct misnomers , | ||||||
17 | including any erroneous identification of the | ||||||
18 | administrative agency that was made in good faith , to | ||||||
19 | realign parties, or to join agencies or parties;
| ||||||
20 | (5) to affirm or reverse the decision in whole or in | ||||||
21 | part;
| ||||||
22 | (6) where a hearing has been held by the agency, to | ||||||
23 | reverse and
remand the decision in whole or in part, and, | ||||||
24 | in that case, to
state the questions requiring further | ||||||
25 | hearing or proceedings and to give such
other instructions | ||||||
26 | as may be proper;
|
| |||||||
| |||||||
1 | (7) where a hearing has been held by the agency, to | ||||||
2 | remand for the
purpose of taking additional evidence when | ||||||
3 | from the state of the record
of the administrative agency | ||||||
4 | or otherwise it shall appear that such
action is just. | ||||||
5 | However, no remandment shall be made on the ground of
newly | ||||||
6 | discovered evidence unless it appears to the satisfaction | ||||||
7 | of the
court that such evidence has in fact been discovered | ||||||
8 | subsequent to the
termination of the proceedings before the | ||||||
9 | administrative agency and that
it could not by the exercise | ||||||
10 | of reasonable diligence have been obtained
at such | ||||||
11 | proceedings; and that such evidence is material to the | ||||||
12 | issues
and is not cumulative;
| ||||||
13 | (8) in case of affirmance or partial affirmance of an | ||||||
14 | administrative
decision which requires the payment of | ||||||
15 | money, to enter judgment for the
amount justified by the | ||||||
16 | record and for costs, which judgment may be enforced
as | ||||||
17 | other judgments for the recovery of money;
| ||||||
18 | (9) when the particular statute under authority of | ||||||
19 | which the
administrative decision was entered requires the | ||||||
20 | plaintiff to file a
satisfactory bond and provides for the | ||||||
21 | dismissal of the action for the
plaintiff's failure to | ||||||
22 | comply with this requirement unless the court is
authorized | ||||||
23 | by the particular statute to enter, and does enter, an | ||||||
24 | order
imposing a lien upon the plaintiff's property, to | ||||||
25 | take such proofs and
to enter such orders as may be | ||||||
26 | appropriate to carry out the provisions
of the particular |
| |||||||
| |||||||
1 | statute. However, the court shall not
approve the bond, nor | ||||||
2 | enter an order for the lien, in any amount which
is less | ||||||
3 | than that prescribed by the particular statute under | ||||||
4 | authority
of which the administrative decision was entered | ||||||
5 | if the statute
provides what the minimum amount of the bond | ||||||
6 | or lien shall be or
provides how said minimum amount shall | ||||||
7 | be determined.
No such bond shall be approved by the court | ||||||
8 | without notice
to, and an opportunity to be heard thereon | ||||||
9 | by, the administrative agency
affected. The lien, created | ||||||
10 | by the entry of a court
order in lieu of a bond, shall not | ||||||
11 | apply to property exempted from the
lien by the particular | ||||||
12 | statute under authority of which the
administrative | ||||||
13 | decision was entered. The lien shall not be effective
| ||||||
14 | against real property whose title is registered under the | ||||||
15 | provisions of
the Registered Titles (Torrens) Act until
the | ||||||
16 | provisions of Section 85 of that Act are complied with.
| ||||||
17 | (b) Technical errors in the proceedings before the | ||||||
18 | administrative
agency or its failure to observe the technical | ||||||
19 | rules of evidence shall
not constitute grounds for the reversal | ||||||
20 | of the administrative decision
unless it appears to the court | ||||||
21 | that such error or failure
materially affected the rights of | ||||||
22 | any party and resulted in substantial
injustice to him or her.
| ||||||
23 | (c) On motion of either party, the circuit court shall make | ||||||
24 | findings
of fact or state the propositions of law upon which | ||||||
25 | its judgment is
based.
| ||||||
26 | (d) The changes to this Section made by Public Act 95-831 |
| |||||||
| |||||||
1 | this amendatory Act of the 95th General Assembly apply to all | ||||||
2 | actions filed on or after August 21, 2007 ( the effective date | ||||||
3 | of Public Act 95-831) this amendatory Act of the 95th General | ||||||
4 | Assembly . The changes made by this amendatory Act of the 100th | ||||||
5 | General Assembly apply to all actions filed on or after the | ||||||
6 | effective date of this amendatory Act of the 100th General | ||||||
7 | Assembly. | ||||||
8 | (Source: P.A. 95-831, eff. 8-14-08.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|