100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3085

 

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 09636 RJF 19805 b

 

 

A BILL FOR

 

HB3085LRB100 09636 RJF 19805 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 10-25 and 10-50 and by adding
6Section 10-75 as follows:
 
7    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
8    Sec. 10-25. Contested cases; notice; hearing.
9    (a) In a contested case, all parties shall be afforded an
10opportunity for a hearing after reasonable notice. The notice
11shall be served personally, served or by certified or
12registered mail, served by electronic mail, or served as
13otherwise provided by law upon the parties or their agents
14appointed to receive service of process and shall include the
15following:
16        (1) A statement of the time, place, and nature of the
17    hearing.
18        (2) A statement of the legal authority and jurisdiction
19    under which the hearing is to be held.
20        (3) A reference to the particular Sections of the
21    substantive and procedural statutes and rules involved.
22        (4) Except where a more detailed statement is otherwise
23    provided for by law, a short and plain statement of the

 

 

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1    matters asserted, the consequences of a failure to respond,
2    and the official file or other reference number.
3        (5) The names and mailing addresses of the
4    administrative law judge, all parties, and all other
5    persons to whom the agency gives notice of the hearing
6    unless otherwise confidential by law.
7    (b) An opportunity shall be afforded all parties to be
8represented by legal counsel and to respond and present
9evidence and argument.
10    (c) Unless precluded by law, disposition may be made of any
11contested case by stipulation, agreed settlement, consent
12order, or default.
13(Source: P.A. 87-823.)
 
14    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
15    Sec. 10-50. Decisions and orders.
16    (a) A final decision or order adverse to a party (other
17than the agency) in a contested case shall be in writing or
18stated in the record. A final decision shall include findings
19of fact and conclusions of law, separately stated. Findings of
20fact, if set forth in statutory language, shall be accompanied
21by a concise and explicit statement of the underlying facts
22supporting the findings. If, in accordance with agency rules, a
23party submitted proposed findings of fact, the decision shall
24include a ruling upon each proposed finding. Parties or their
25agents appointed to receive service of process shall be

 

 

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1notified either personally, or by registered or certified mail,
2or by electronic mail of any decision or order. Upon request a
3copy of the decision or order shall be delivered or mailed
4forthwith to each party and to his attorney of record.
5    (b) All agency orders shall specify whether they are final
6and subject to the Administrative Review Law.
7    (c) A decision by any agency in a contested case under this
8Act shall be void unless the proceedings are conducted in
9compliance with the provisions of this Act relating to
10contested cases, except to the extent those provisions are
11waived under Section 10-70 and except to the extent the agency
12has adopted its own rules for contested cases as authorized in
13Section 1-5.
14(Source: P.A. 92-16, eff. 6-28-01.)
 
15    (5 ILCS 100/10-75 new)
16    Sec. 10-75. Service by electronic mail.
17    (a) An agency may require all attorneys to designate an
18electronic mail address to which all documents required under
19Sections 10-25 and 10-50 may be transmitted. If required to
20designate an electronic mail address, an attorney must
21designate one primary electronic mail address, and may
22designate no more than 2 secondary electronic mail addresses.
23    (b) An agency may request, but not require, an
24unrepresented party to designate an electronic mail address to
25which all documents required under Sections 10-25 and 10-50 may

 

 

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1be transmitted. An agency may by rule make electronic mail the
2default option for service of documents.
3    (c) Service by electronic mail is complete on the first
4business day following transmission.