SB0951 EngrossedLRB100 09635 RJF 19804 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 required in 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) The names and mailing addresses of the
3    administrative law judge, all parties, and all other
4    persons to whom the agency gives notice of the hearing
5    unless otherwise confidential by law.
6    (b) An opportunity shall be afforded all parties to be
7represented by legal counsel and to respond and present
8evidence and argument.
9    (c) Unless precluded by law, disposition may be made of any
10contested case by stipulation, agreed settlement, consent
11order, or default.
12(Source: P.A. 87-823.)
13    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
14    Sec. 10-50. Decisions and orders.
15    (a) A final decision or order adverse to a party (other
16than the agency) in a contested case shall be in writing or
17stated in the record. A final decision shall include findings
18of fact and conclusions of law, separately stated. Findings of
19fact, if set forth in statutory language, shall be accompanied
20by a concise and explicit statement of the underlying facts
21supporting the findings. If, in accordance with agency rules, a
22party submitted proposed findings of fact, the decision shall
23include a ruling upon each proposed finding. Parties or their
24agents appointed to receive service of process shall be
25notified either personally, or by registered or certified mail,



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1or by email as required in Section 10-75 of any decision or
2order. Upon request a copy of the decision or order shall be
3delivered or mailed forthwith to each party and to his attorney
4of 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 email.
17    (a) The following requirements shall apply for consenting
18to accept service by email:
19        (1) At any time either before or after its issuance of
20    a hearing notice as described in Section 10-25, an agency
21    may require any attorney representing a party to the
22    hearing to provide one or more email addresses at which
23    they consent to accept service of documents described in
24    Sections 10-25 and 10-50 in connection with the hearing. A
25    party represented by an attorney may provide the email



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1    address of the attorney.
2        (2) To the extent a person or entity is subject to
3    licensure, permitting, or regulation by the agency, or
4    submits an application for licensure or permitting to the
5    agency, that agency may require, as a condition of such
6    application, licensure, permitting, or regulation, that
7    such unrepresented persons or entities consent to service
8    by email of documents described in Sections 10-25 and 10-50
9    in connection with any hearings that may arise under this
10    Section in connection with such application, licensure or
11    regulation, provided that the agency: (i) requires that any
12    person or entity providing such an email address update
13    that email address if it is changed; and (ii) annually
14    verifies that email address.
15        (3) At any time either before or after its issuance of
16    a hearing notice as described in Section 10-25, an agency
17    may request, but not require, an unrepresented party that
18    is not subject to paragraph (2) of this subsection (a) to
19    consent to accept service by email of the documents
20    described in Sections 10-25 and 10-50 by designating an
21    email address at which they will accept service.
22        (4) Any person or entity who submits an email address
23    under this Section shall also be given the option to
24    designate no more than two secondary email addresses at
25    which the person or entity consents to accept service,
26    provided that, if any secondary email address is



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1    designated, an agency must serve the documents to both the
2    designated primary and secondary email addresses.
3    (b) Notwithstanding any party's consent to accept service
4by email, no document described in Sections 10-25 or 10-50 may
5be served by email to the extent the document contains:
6        (1) a Social Security or individual taxpayer
7    identification number;
8        (2) a driver's license number;
9        (3) a financial account number;
10        (4) a debit or credit card number;
11        (5) any other information that could reasonably be
12    deemed personal, proprietary, confidential, or trade
13    secret information; or
14        (6) any information about or concerning a minor.
15    (c) Service by email is deemed complete on the day of
16transmission. Agencies that use email to serve documents under
17Sections 10-25 and 10-50 shall adopt rules that specify the
18standard for confirming delivery, and in failure to confirm
19delivery, what steps the agency will take to ensure that
20service by email or other means is accomplished.