HB5166 EngrossedLRB100 20641 RJF 36082 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, or by certified or registered mail,
12email as provided by Section 10-75, or as otherwise provided by
13law upon the parties or their agents appointed to receive
14service of process and shall include the following:
15        (1) A statement of the time, place, and nature of the
16    hearing.
17        (2) A statement of the legal authority and jurisdiction
18    under which the hearing is to be held.
19        (3) A reference to the particular Sections of the
20    substantive and procedural statutes and rules involved.
21        (4) Except where a more detailed statement is otherwise
22    provided for by law, a short and plain statement of the
23    matters asserted, the consequences of a failure to respond,



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



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1agents appointed to receive service of process shall be
2notified either personally, or by registered or certified mail,
3or by email as provided by Section 10-75, or as otherwise
4provided by law of any decision or order. Upon request a copy
5of the decision or order shall be delivered or mailed forthwith
6to each party and to his attorney of record.
7    (b) All agency orders shall specify whether they are final
8and subject to the Administrative Review Law. Every final order
9shall contain a list of all parties of record to the case
10including the name and address of the agency or officer
11entering the order and the addresses of each party as known to
12the agency where the parties may be served with pleadings,
13notices, or service of process for any review or further
14proceedings. Every final order shall also state whether the
15rules of the agency require any motion or request for
16reconsideration and cite the rule for the requirement. The
17changes made by this amendatory Act of the 100th General
18Assembly apply to all actions filed under the Administrative
19Review Law on or after the effective date of this amendatory
20Act of the 100th General Assembly.
21    (c) A decision by any agency in a contested case under this
22Act shall be void unless the proceedings are conducted in
23compliance with the provisions of this Act relating to
24contested cases, except to the extent those provisions are
25waived under Section 10-70 and except to the extent the agency
26has adopted its own rules for contested cases as authorized in



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1Section 1-5.
2(Source: P.A. 100-212, eff. 8-18-17.)
3    (5 ILCS 100/10-75 new)
4    Sec. 10-75. Service by email.
5    (a) The following requirements shall apply for consenting
6to accept service by email:
7        (1) At any time either before or after its issuance of
8    a hearing notice as described in Section 10-25, an agency
9    may require any attorney representing a party to the
10    hearing to provide one or more email addresses at which
11    they shall accept service of documents described in
12    Sections 10-25 and 10-50 in connection with the hearing. A
13    party represented by an attorney may provide the email
14    address of the attorney.
15        (2) To the extent a person or entity is subject to
16    licensure, permitting, or regulation by the agency, or
17    submits an application for licensure or permitting to the
18    agency, that agency may require, as a condition of such
19    application, licensure, permitting, or regulation, that
20    such persons or entities consent to service by email of the
21    documents described in Sections 10-25 and 10-50 for any
22    hearings that may arise in connection with such
23    application, licensure or regulation, provided that the
24    agency: (i) requires that any person or entity providing
25    such an email address update that email address if it is



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1    changed; and (ii) annually verifies that email address.
2        (3) At any time either before or after its issuance of
3    a hearing notice as described in Section 10-25, an agency
4    may request, but not require, an unrepresented party that
5    is not subject to paragraph (2) of this subsection (a) to
6    consent to accept service by email of the documents
7    described in Sections 10-25 and 10-50 by designating an
8    email address at which they will accept service.
9        (4) Any person or entity who submits an email address
10    under this Section shall also be given the option to
11    designate no more than two secondary email addresses at
12    which the person or entity consents to accept service,
13    provided that, if any secondary email address is
14    designated, an agency must serve the documents to both the
15    designated primary and secondary email addresses.
16    (b) Notwithstanding any party's consent to accept service
17by email, no document described in Sections 10-25 or 10-50 may
18be served by email to the extent the document contains:
19        (1) a Social Security or individual taxpayer
20    identification number;
21        (2) a driver's license number;
22        (3) a financial account number;
23        (4) a debit or credit card number;
24        (5) any other information that could reasonably be
25    deemed personal, proprietary, confidential, or trade
26    secret information; or



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1        (6) any information about or concerning a minor.
2    (c) Service by email is deemed complete on the day of
3transmission. Agencies that use email to serve documents under
4Sections 10-25 and 10-50 shall adopt rules that specify the
5standard for confirming delivery, and in failure to confirm
6delivery, what steps the agency will take to ensure that
7service by email or other means is accomplished.
8    (d) This Section shall not apply with respect to any
9service of notice other than under this Act.