Illinois-2023-SB2877-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2877

Introduced 1/24/2024, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

`5 ILCS 100/10-10`	`from Ch. 127, par. 1010-10`
`5 ILCS 100/10-25`	`from Ch. 127, par. 1010-25`
`5 ILCS 100/10-25.1 new`
`5 ILCS 100/10-70`	`from Ch. 127, par. 1010-70`

Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.

LRB103 37525 JDS 67648 b

A BILL FOR

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1 AN ACT concerning government.

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 10-10, 10-25, and 10-70 and by

6 adding Section 10-25.1 as follows:

7 (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)

8 Sec. 10-10. Components of rules. All agency rules

9 establishing procedures for contested cases shall at a minimum

10 comply with the provisions of this Article 10. In addition,

11 agency rules establishing procedures may include, but need not

12 be limited to, the following components: pre-hearing

13 conferences, representation interview or deposition

14 procedures, default procedures, selection of administrative

15 law judges, the form of the final order, the standard of proof

16 used, which agency official makes the final decision,

17 representation of parties, procedures for requesting and

18 receiving language assistance, subpoena request procedures,

19 discovery and protective order procedures, and any review or

20 appeal process within the agency.

21 (Source: P.A. 87-823.)

22 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)

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1 Sec. 10-25. Contested cases; notice; hearing.

2 (a) In a contested case, all parties shall be afforded an

3 opportunity for a hearing after reasonable notice. The notice

4 shall be served personally, by certified or registered mail,

5 by email as provided by Section 10-75, or as otherwise

6 provided by law upon the parties or their agents appointed to

7 receive service of process and shall include the following:

8 (1) A statement of the time, place, and nature of the

9 hearing.

10 (2) A statement of the legal authority and

11 jurisdiction under which the hearing is to be held.

12 (3) A reference to the particular Sections of the

13 substantive and procedural statutes and rules involved.

14 (4) Except where a more detailed statement is

15 otherwise provided for by law, a short and plain statement

16 of the matters asserted, the consequences of a failure to

17 respond, and the official file or other reference number.

18 (5) To the extent such information is available, the

19 names, phone numbers, email addresses, and mailing

20 addresses of the administrative law judge or designated

21 agency contact, the parties, and all other persons to whom

22 the agency gives notice of the hearing unless otherwise

23 confidential by law.

24 (6) An enclosure written in, at a minimum, English,

25 Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,

26 Russian, Spanish, Tagalog, Urdu, Ukrainian, and

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1 Vietnamese, which notifies the recipient of the ability to

2 request interpretive assistance for the hearing and to

3 receive language assistance in translating the contents of

4 the notice. A request to receive a written or sight

5 translation of the notice must be made within 7 days of

6 service of the notice.

7 (b) An opportunity shall be afforded all parties to be

8 represented by legal counsel and to respond and present

9 evidence and argument.

10 (c) Unless precluded by law, disposition may be made of

11 any contested case by stipulation, agreed settlement, consent

12 order, or default.

13 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)

14 (5 ILCS 100/10-25.1 new)

15 Sec. 10-25.1. Language assistance.

16 (a) As used in this Article:

17 "Foreign language interpreter" means a person who is

18 fluent in both English and another language, who listens to a

19 communication in one language and orally converts it into

20 another language while retaining the same meaning, and who

21 either (i) has satisfied the certification requirement set

22 forth in Section 8a.2 of the Personnel Code or (ii) has been

23 contracted with by the State or an agency to provide

24 interpretive assistance in administrative hearings. A foreign

25 language interpreter need not be physically present to provide

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1 interpretive assistance.

2 "Indigent person" has the meaning given in subdivision

3 (a)(2) of Section 5-105 of the Code of Civil Procedure.

4 "Interpretive assistance" means services that involve

5 listening to a communication in one language and orally

6 converting that communication into another language while

7 retaining the same meaning.

8 "Language assistance" means a written translation from a

9 translator or a sight translation or interpretive assistance

10 from a foreign language interpreter.

11 "Nonsubstantive hearing" means a hearing to discuss

12 hearing rules, hearing processes, hearing procedures, and

13 hearing scheduling. A hearing in which a substantive ruling is

14 made is not a nonsubstantive hearing.

15 "Sight translation" means the conversion of written text

16 in one language into another spoken language.

17 "Substantive hearing" means a hearing in which a

18 substantive ruling may be made. "Substantive hearing" includes

19 a prehearing conference or formal hearing in which testimony

20 or evidence is being taken.

21 "Substantive ruling" means a ruling that directly relates

22 to the merits of the case and does not include explanation of

23 hearing rules, hearing processes, hearing procedures, or

24 hearing scheduling.

25 "Translator" means a person who converts written text from

26 one language into written text in another language.

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1 "Written translation" means a conversion of written text

2 from one language into written text in another language.

3 (b) An administrative law judge has the duty to inquire

4 and determine if a self-represented litigant or witness in a

5 hearing needs interpretive assistance to participate in or

6 understand the hearing. The fact that an individual for whom

7 English is a second language knows some English should not

8 prohibit that individual from being allowed to receive

9 interpretive assistance from a foreign language interpreter.

10 The administrative law judge shall examine each individual

11 believed to be in need of interpretive assistance, and the

12 conclusion of the administrative law judge regarding the need

13 for interpretive assistance must be stated in the record.

14 (c) Any self-represented litigant, witness, or indigent

15 person has the right to request interpretive assistance to

16 participate in or understand a hearing at any time during the

17 course of the hearing. An agency may adopt rules for

18 determining whether a person is an indigent person.

19 (d) If interpretive assistance is requested by a

20 self-represented litigant, a witness, or an indigent person or

21 if interpretive assistance is determined to be necessary by

22 the administrative law judge, the agency must appoint a

23 foreign language interpreter at no cost to the person in need

24 of the assistance for use in a substantive hearing. If it

25 appears that interpretive assistance is needed but a foreign

26 language interpreter is not available for the scheduled

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1 substantive hearing, the administrative law judge shall

2 continue or postpone the hearing until appropriate services

3 can be provided. In a substantive hearing, an interpreter who

4 is not a foreign language interpreter should be appointed only

5 if the agency made reasonable efforts to obtain a foreign

6 language interpreter and one is not reasonably available. If

7 the agency appoints an interpreter who is not a foreign

8 language interpreter, the administrative law judge must

9 examine the interpreter to ensure the interpreter is competent

10 to interpret in the hearing, has proficiency in English and

11 the applicable foreign language, and does not present a

12 conflict of interest.

13 (e) An agency may provide interpretive assistance during a

14 nonsubstantive hearing by use of an interpreter who is not a

15 foreign language interpreter, provided the administrative law

16 judge examines the interpreter for competency for the purposes

17 of the nonsubstantive hearing.

18 (f) All persons appointed to provide interpretive

19 assistance in substantive and nonsubstantive hearings must

20 swear or affirm that they:

21 (1) will make a true interpretation in an

22 understandable manner to the person for whom the

23 interpreter has been appointed;

24 (2) will repeat the statements of the person in need

25 of interpretive assistance, in the English language, to

26 the best of the interpreter's ability;

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1 (3) have not had any involvement in the issues of the

2 case before the hearing; and

3 (4) will not disclose privileged or confidential

4 communications to any person.

5 (g) If an appointed interpreter is not accurately

6 interpreting communications, the party or witness in need of

7 interpretive assistance, or that person's attorney or

8 authorized representative, if an authorized representative is

9 permitted under agency rules, may request the appointment of a

10 different interpreter, subject to the approval of the

11 administrative law judge.

12 (h) Nothing in this Section precludes an agency from

13 providing language assistance to a person who is not

14 self-represented or indigent or from establishing rules for

15 those persons to request and receive language assistance,

16 subject to agency discretion.

17 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)

18 Sec. 10-70. Waiver.

19 (a) Compliance with any or all of the provisions of this

20 Act concerning contested cases may be waived by written

21 stipulation of all parties.

22 (b) To waive any of the provisions relating to language

23 assistance under Sections 10-25 and 10-25.1, the parties must

24 provide a signed written stipulation in both English and the

25 preferred language of the party in need of language

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