Rep. Peter Breen

Filed: 5/23/2017





10000SB0951ham001LRB100 09635 RJF 26850 a


2    AMENDMENT NO. ______. Amend Senate Bill 951 by replacing
3everything after the enacting clause with the following:
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.



10000SB0951ham001- 2 -LRB100 09635 RJF 26850 a

1        (2) A statement of the legal authority and jurisdiction
2    under which the hearing is to be held.
3        (3) A reference to the particular Sections of the
4    substantive and procedural statutes and rules involved.
5        (4) Except where a more detailed statement is otherwise
6    provided for by law, a short and plain statement of the
7    matters asserted, the consequences of a failure to respond,
8    and the official file or other reference number.
9        (5) To the extent such information is available, the
10    The names, phone numbers, email addresses, and mailing
11    addresses of the administrative law judge, or designated
12    agency contact, all parties, and all other persons to whom
13    the agency gives notice of the hearing unless otherwise
14    confidential by law.
15    (b) An opportunity shall be afforded all parties to be
16represented by legal counsel and to respond and present
17evidence and argument.
18    (c) Unless precluded by law, disposition may be made of any
19contested case by stipulation, agreed settlement, consent
20order, or default.
21(Source: P.A. 87-823.)
22    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
23    Sec. 10-50. Decisions and orders.
24    (a) A final decision or order adverse to a party (other
25than the agency) in a contested case shall be in writing or



10000SB0951ham001- 3 -LRB100 09635 RJF 26850 a

1stated in the record. A final decision shall include findings
2of fact and conclusions of law, separately stated. Findings of
3fact, if set forth in statutory language, shall be accompanied
4by a concise and explicit statement of the underlying facts
5supporting the findings. If, in accordance with agency rules, a
6party submitted proposed findings of fact, the decision shall
7include a ruling upon each proposed finding. Parties or their
8agents appointed to receive service of process shall be
9notified either personally, or by registered or certified mail,
10or by email as provided by Section 10-75, or as otherwise
11provided by law of any decision or order. Upon request a copy
12of the decision or order shall be delivered or mailed forthwith
13to each party and to his attorney of record.
14    (b) All agency orders shall specify whether they are final
15and subject to the Administrative Review Law.
16    (c) A decision by any agency in a contested case under this
17Act shall be void unless the proceedings are conducted in
18compliance with the provisions of this Act relating to
19contested cases, except to the extent those provisions are
20waived under Section 10-70 and except to the extent the agency
21has adopted its own rules for contested cases as authorized in
22Section 1-5.
23(Source: P.A. 92-16, eff. 6-28-01.)
24    (5 ILCS 100/10-75 new)
25    Sec. 10-75. Service by email.



10000SB0951ham001- 4 -LRB100 09635 RJF 26850 a

1    (a) The following requirements shall apply for consenting
2to accept service by email:
3        (1) At any time either before or after its issuance of
4    a hearing notice as described in Section 10-25, an agency
5    may require any attorney representing a party to the
6    hearing to provide one or more email addresses at which
7    they consent to accept service of documents described in
8    Sections 10-25 and 10-50 in connection with the hearing. A
9    party represented by an attorney may provide the email
10    address of the attorney.
11        (2) To the extent a person or entity is subject to
12    licensure, permitting, or regulation by the agency, or
13    submits an application for licensure or permitting to the
14    agency, that agency may require, as a condition of such
15    application, licensure, permitting, or regulation, that
16    such persons or entities consent to service by email of the
17    documents described in Sections 10-25 and 10-50 for any
18    hearings that may arise in connection with such
19    application, licensure or regulation, provided that the
20    agency: (i) requires that any person or entity providing
21    such an email address update that email address if it is
22    changed; and (ii) annually verifies that email address.
23        (3) At any time either before or after its issuance of
24    a hearing notice as described in Section 10-25, an agency
25    may request, but not require, an unrepresented party that
26    is not subject to paragraph (2) of this subsection (a) to



10000SB0951ham001- 5 -LRB100 09635 RJF 26850 a

1    consent to accept service by email of the documents
2    described in Sections 10-25 and 10-50 by designating an
3    email address at which they will accept service.
4        (4) Any person or entity who submits an email address
5    under this Section shall also be given the option to
6    designate no more than two secondary email addresses at
7    which the person or entity consents to accept service,
8    provided that, if any secondary email address is
9    designated, an agency must serve the documents to both the
10    designated primary and secondary email addresses.
11    (b) Notwithstanding any party's consent to accept service
12by email, no document described in Sections 10-25 or 10-50 may
13be served by email to the extent the document contains:
14        (1) a Social Security or individual taxpayer
15    identification number;
16        (2) a driver's license number;
17        (3) a financial account number;
18        (4) a debit or credit card number;
19        (5) any other information that could reasonably be
20    deemed personal, proprietary, confidential, or trade
21    secret information; or
22        (6) any information about or concerning a minor.
23    (c) Service by email is deemed complete on the day of
24transmission. Agencies that use email to serve documents under
25Sections 10-25 and 10-50 shall adopt rules that specify the
26standard for confirming delivery, and in failure to confirm



10000SB0951ham001- 6 -LRB100 09635 RJF 26850 a

1delivery, what steps the agency will take to ensure that
2service by email or other means is accomplished.
3    (d) This Section shall not apply with respect to any
4service of notice other than under this Act.".