SB2703sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 4/12/2018

10000SB2703sam001 LRB100 17613 RJF 38348 a

AMENDMENT TO SENATE BILL 2703

AMENDMENT NO. ______. Amend Senate Bill 2703 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Administrative Procedure Act is amended by changing Sections 1-15, 1-30, 10-5, 10-15, 10-20, 10-25, 10-35, 10-45, 10-50, 10-60, and 10-65 and by adding Sections 1-13, 10-3, 10-75, and Article 12 as follows:

(5 ILCS 100/1-13 new)

Sec. 1-13. "Administrative hearing" means any hearing required to comply with the provisions of this Act concerning a contested case.

(5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)

Sec. 1-15. "Administrative law judge" means the presiding officer or officers at the initial administrative hearing before each agency and each continuation of that administrative hearing. The term also includes but is not limited to hearing examiners, hearing officers, referees, and arbitrators.

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

(5 ILCS 100/1-30) (from Ch. 127, par. 1001-30)

Sec. 1-30. "Contested case" means an adjudicatory proceeding (not including ratemaking, rulemaking, or quasi-legislative, informational, or similar proceedings) in which the individual legal rights, duties, or privileges of a party are required by law to be determined by an agency only after an opportunity for an administrative a hearing.

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

(5 ILCS 100/10-3 new)

Sec. 10-3. Applicability. This Article applies to all agencies not covered by Article 12.

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

Sec. 10-5. Rules required for hearings. All agencies shall adopt rules establishing procedures for administrative contested case hearings.

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

(5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)

Sec. 10-15. Standard of proof. Unless otherwise provided by law or stated in the agency's rules, the standard of proof in any administrative contested case hearing conducted under this Act by an agency shall be the preponderance of the evidence.

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

(5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)

Sec. 10-20. Qualifications of administrative law judges. Agencies All agencies shall adopt rules concerning the minimum qualifications of administrative law judges for administrative contested case hearings not subject to Article 12 of this Act. The agency head or an attorney licensed to practice law in Illinois may act as an administrative law judge or panel for an agency without adopting any rules under this Section. The These rules may be adopted using the procedures in either Section 5-15 or 5-35.

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

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

Sec. 10-25. Notice of contested Contested cases; administrative notice; hearing.

(a) In a contested case, all parties shall be afforded an opportunity for an administrative a hearing after reasonable notice. The notice shall be served personally, served or by certified or registered mail, served by electronic mail as provided by Section 10-75, or served as otherwise provided by law upon the parties or their agents appointed to receive service of process and shall include the following:

(1) A statement of the time, place, and nature of the administrative hearing.

(2) A statement of the legal authority and jurisdiction under which the administrative hearing is to be held.

(3) A reference to the particular Sections of the substantive and procedural statutes and rules involved.

(4) Except where a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted, the period within which a response is required, the consequences of a failure to timely respond, and the official file or other reference number.

(5) To the extent such information is available, The names, phone numbers, email addresses, and mailing addresses of the administrative law judge or designated agency contact, all parties, and all other persons to whom the agency is required to give gives notice of the administrative hearing unless otherwise confidential by law.

(b) An opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence and argument.Except as otherwise provided by law, an administrative law judge may conduct all or part of an administrative hearing by telephone, video conference, or other electronic means.

(c) Unless precluded by law, disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

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

(5 ILCS 100/10-35) (from Ch. 127, par. 1010-35)

Sec. 10-35. Record in contested cases.

(a) The record in a contested case shall include the following:

(1) All pleadings (including all notices and responses thereto), motions, and rulings.

(2) All evidence received.

(3) A statement of matters officially noticed.

(4) Any offers of proof, objections, and rulings thereon.

(5) Any proposed findings and exceptions.

(6) Any decision, opinion, or report by the administrative law judge.

(7) All staff memoranda or data submitted to the administrative law judge or members of the agency in connection with their consideration of the case that are inconsistent with Section 10-60.

(8) Any communication prohibited by Section 10-60. No such communication shall form the basis for any finding of fact.

(b) Oral proceedings or any part thereof shall be recorded stenographically or by other means that will adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on the request of any party.

(c) Findings of fact shall be based exclusively on the evidence admitted and on matters officially noticed.

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

(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)

Sec. 10-45. Proposal for decision. Except where otherwise expressly provided by law, when in a contested case a majority of the officials of the agency who are to render the final decision has not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and to present a brief and, if the agency so permits, oral argument to the agency officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision and shall be prepared by the persons who conducted the administrative hearing or one who has read the record.

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

(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)

Sec. 10-50. Decisions and orders.

(a) A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated on in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties or their agents appointed to receive service of process shall be notified of any decision or order either personally, or by registered or certified mail, by electronic mail as provided by Section 10-75, or as otherwise provided by law of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.

(b) All agency orders shall specify whether they are final and subject to the Administrative Review Law. Every final order shall contain a list of all parties of record to the case including the name and address of the agency or officer entering the order and the name and addresses of each party as known to the agency where the parties may be served with pleadings, notices, or service of process for any review or further proceedings. Every final order shall also state whether the rules of the agency require any motion or request for reconsideration and cite the rule for the requirement. The changes made by this amendatory Act of the 100th General Assembly apply to all actions filed under the Administrative Review Law on or after the effective date of this amendatory Act of the 100th General Assembly.

(c) A decision by any agency in a contested case under this Act shall be void unless the proceedings are conducted in compliance with the provisions of this Act relating to contested cases, except to the extent those provisions are waived under Section 10-70 and except to the extent the agency has adopted its own rules for contested cases as authorized in Section 1-5.

(Source: P.A. 100-212, eff. 8-18-17.)

(5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)

Sec. 10-60. Ex parte communications.

(a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis, final decision makers agency heads, agency employees, and administrative law judges shall not, after notice of hearing in a contested case or licensing to which the procedures of a contested case apply under this Act, communicate, directly or indirectly, with any individual or party imparting or requesting material information or making a material argument regarding a contested case without , in connection with any issue of fact, with any person or party, or in connection with any other issue with any party or the representative of any party, except upon notice and opportunity for all parties to participate. Any such communication shall be made part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications, all responses made, and the identity of each person from whom the ex parte communication was received.

(b) An administrative law judge or final decision maker However, an agency member may communicate with individuals within the agency about a contested case, so long as the individual has not served as investigator, prosecutor, or advocate at any stage of the case, and if the communication does not affect the evidence in the record other members of the agency, and an agency member or administrative law judge may have the aid and advice of one or more personal assistants. Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, scheduling, and status of proceedings, are not considered ex parte communications under this Section.

(c) (Blank). An ex parte communication received by any agency head, agency employee, or administrative law judge shall be made a part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received.

(d) (Blank). Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications under this Section.

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

(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)

Sec. 10-65. Licenses.

(a) When any licensing is required by law to be preceded by notice and an opportunity for an administrative a hearing, the provisions of this Act concerning contested cases shall apply.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall continue in full force and effect until the final agency decision on the application has been made unless a later date is fixed by order of a reviewing court or the agency has summarily suspended the license under subsection (e).

(c) An application for a new license shall include the applicant's social security number, which shall be retained in the agency's records pertaining to the license. As soon as practical, an agency must assign a customer identification number to each applicant for a license that the applicant may use in place of his or her social security number on the application for a license or renewal of a license. A licensee's social security number shall not appear on the face of his or her license.

Regarding compliance with child support orders, the following requirements shall apply:

(1) Each agency shall require the applicant or the licensee to certify on the application or renewal form, under penalty of perjury, that he or she is not more than 30 days delinquent in complying with a child support order. Every application or renewal form shall state that failure to so certify shall result in disciplinary action, and that making a false statement may subject the applicant or licensee to contempt of court.

(2) The agency shall notify each applicant or licensee who acknowledges a delinquency or who, contrary to his or her certification, is found to be delinquent or who after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or a child support proceeding, that the agency intends to take disciplinary action. Accordingly, the agency shall provide written notice of the facts or conduct upon which the agency will rely to support its proposed action and the applicant or licensee shall be given an opportunity for an administrative a hearing in accordance with the provisions of the Act concerning contested cases.

(3) Any delinquency in complying with a child support order can be remedied by arranging for payment of past due and current support. Any failure to comply with a subpoena or warrant relating to a paternity or child support proceeding can be remedied by complying with the subpoena or warrant.

(4) Upon a final finding of delinquency or failure to comply with a subpoena or warrant, the agency shall suspend, revoke, or refuse to issue or renew the license.

(A) In cases in which the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that an applicant or a licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the licensing agency, and in cases in which a court has previously determined that an applicant or licensee has been in violation of the Non-Support Punishment Act for more than 60 days, the licensing agency shall refuse to issue or renew or shall revoke or suspend that person's license based solely upon the certification of delinquency made by the Department of Healthcare and Family Services (formerly Department of Public Aid) or the certification of violation made by the court. Further process, hearings, or redetermination of the delinquency or violation by the licensing agency shall not be required.

(B) The licensing agency may issue or renew a license if the licensee has arranged for payment of past and current child support obligations in a manner satisfactory to the Department of Healthcare and Family Services (formerly Department of Public Aid) or the court. The licensing agency may impose conditions, restrictions, or disciplinary action upon that license.

(d) Except as provided in subsection (c), no agency shall revoke, suspend, annul, withdraw, amend materially, or refuse to renew any valid license without first giving written notice to the licensee of the facts or conduct upon which the agency will rely to support its proposed action and an opportunity for an administrative a hearing in accordance with the provisions of this Act concerning contested cases. At the administrative hearing, the licensee shall have the right to show compliance with all lawful requirements for the retention, continuation, or renewal of the license. If, however, the agency finds that the public interest, safety, or welfare imperatively requires emergency action, and if the agency incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. Those proceedings shall be promptly instituted and determined.

(e) Any application for renewal of a license that contains required and relevant information, data, material, or circumstances that were not contained in an application for the existing license shall be subject to the provisions of subsection (a).

(Source: P.A. 96-328, eff. 8-11-09; 97-400, eff. 1-1-12.)

(5 ILCS 100/10-75 new)

Sec. 10-75. Collection of email addresses.

(a) The following requirements shall apply to the collection of email addresses under this Act:

(1) At any time either before or after its issuance of a hearing notice as described in Section 10-25, an agency may require any attorney representing a party to the hearing to provide one or more email addresses at which they consent to accept service of the documents described in Sections 10-25 and 10-50 in connection with the hearing. A party represented by an attorney may provide the email address of the attorney.

(2) To the extent a person or entity is subject to licensure, permitting, or regulation by an agency or submits an application for licensure or permitting to an agency, that agency may require, as a condition of application, licensure, permitting, or regulation, that such persons or entities consent to service by email of the documents described in Sections 10-25 and 10-50 in connection with any hearings that may arise under this paragraph (2) in connection with an application, licensure or regulation, provided that the agency: (i) requires that any person or entity providing an email address, update the email address if it is changed; and (ii) periodically verifies the email address.

(3) At any time either before or after its issuance of a hearing notice, as described in Section 10-25, an agency may request, but not require, an unrepresented party that is not subject to paragraph (2), to consent to accept service via email of the documents described in Sections 10-25 and 10-50 by designating an email address at which they will accept service.

(4) Any person or entity who submits an email address under this Section shall also be given the option to designate no more than 2 secondary email addresses at which the person or entity consents to accept service, provided that, if any secondary email address is designated, an agency must serve the documents to both the designated primary and secondary email addresses.

(b) Notwithstanding any party's consent to accept service via email, no document described in Sections 10-25 or 10-50 may be served by email to the extent the document contains:

(1) a Social Security number or individual taxpayer-identification number;

(2) a driver's license number;

(3) a financial account number;

(4) a debit or credit card number;

(5) any other information that could reasonably be deemed personal, proprietary, confidential, or trade secret information; or

(6) any information about or concerning a minor.

(c) Service by email is deemed complete on the day of transmission. Agencies that use email to serve documents under 10-25 and 10-50 shall adopt rules that specify the standard for confirming delivery, and failing that confirmation, what steps the agency will take to ensure that service by email or other means is accomplished.

(5 ILCS 100/Art. 12 heading new)

ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS

(5 ILCS 100/12-5 new)

Sec. 12-5. Applicability. This Article applies to all agencies under the jurisdiction of the Governor other than the following:

the Illinois Labor Relations Board;

the Illinois Educational Labor Relations Board;

the Illinois Commerce Commission;

the Illinois Workers' Compensation Commission;

the Civil Service Commission;

the Pollution Control Board;

the State Police Merit Board;

the Property Tax Appeal Board;

the State Board of Elections; and

the Illinois Independent Tax Tribunal.

(5 ILCS 100/12-10 new)

Sec. 12-10. Office of Administrative Hearings.

(a) The Office of Administrative Hearings, hereinafter referred to as the Office, is established as an independent subdivision within the Department of Central Management Services for the purpose of improving public trust and confidence in administrative adjudication by:

(1) separating the adjudicatory function from the investigatory, prosecutory, and policy-making functions of agencies in the executive branch;

(2) establishing a professional corps of administrative law judges;

(3) establishing greater uniformity in the rules of procedure and evidence in administrative adjudication; and

(4) eliminating unnecessary and duplicative costs in administrative adjudication.

(b) The Office is responsible for conducting administrative hearings in accordance with the legislative intent expressed by this Act, with administrative support from the Department of Central Management Services.

(c) The Office is under the supervision and direction of a Chief Administrative Law Judge, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Chief Administrative Law Judge, as a condition of appointment, must have been admitted to practice law in the State of Illinois for at least 10 years, must have substantial knowledge and experience suitable to the duties of the Office, and may be removed only for good cause following notice and an opportunity for an adjudicative hearing.

(d) The Chief Administrative Law Judge must maintain his or her principal office in Springfield and may maintain any other offices that may be necessary.

(e) The Department of Central Management Services shall purchase or lease any equipment and supplies that may be necessary to carry out the duties of the Office, and must maintain records and files of the work of the Office.

(f) The Office of Administrative Hearings by and through the Chief Administrative Law Judge and any administrative law judge under this Article is empowered to subpoena and bring before it, him, or her any person in this State and to take testimony, in person or otherwise, upon payment of the same fees, and in the same manner as prescribed for circuit court proceedings by Supreme Court Rule and under the Code of Civil Procedure. The term "administrative law judge" as used in this Article means an administrative law judge as defined in Section 1-15 who is an employee of the Office.

(g) The Office may enter into an interagency agreement with any agency to furnish administrative law judges to conduct administrative hearings not otherwise required to be conducted by the Office. The Office may also enter into an agreement with a unit of local government or school district to furnish administrative law judges to conduct administrative hearings.

(h) Any finding, determination, ruling, or order issued as result of any hearing conducted for any public entity subject to or contracted for under this Article shall have the same status and be subject to the same conditions and limitations as if conducted by that public entity. That public entity shall remain the proper party named and served in any action in administrative review under the provisions of the Administrative Review Law or other review or appeal provision provided by law. For the purposes of this subsection (h), "public entity" means any agency, unit of local government, school district, or any other entity created under the laws of State or local government.

(i) The Office must develop and institute a program of continuing education and training for administrative law judges and may permit administrative law judges and hearing examiners employed by other agencies to participate in its program. The Office shall also implement the Administrative Law Judge (ALJ) Code of Professional Conduct for its administrative law judges, and make periodic amendments as prudent. The Office may develop and institute other educational programs in the area of administrative law and procedure for the benefit of State employees and those who participate in administrative hearings.

(5 ILCS 100/12-15 new)

Sec. 12-15. Chief Administrative Law Judge term of office; salary.

(a) The Chief Administrative Law Judge shall serve for a term of 6 years, and shall hold office until a successor is appointed.

(b) The Chief Administrative Law Judge shall receive an annual salary as set by the Governor, from time to time.

(5 ILCS 100/12-20 new)

Sec. 12-20. Oath. Each prospective Chief Administrative Law Judge, before taking office, must take and subscribe to the oath or affirmation prescribed by Section 3 of Article XIII of the Illinois Constitution, an executed copy of which must be filed with the Secretary of State.

(5 ILCS 100/12-25 new)

Sec. 12-25. Powers and duties of the Chief Administrative Law Judge.

(a) The Chief Administrative Law Judge may employ such administrative law judges that are necessary to carry out the purposes of this Article.

(b) Except as otherwise provided in Section 12-40, an administrative law judge must be admitted to practice law in this State and must have a demonstrated knowledge of and experience in administrative law and procedure that is suitable to the duties of the office.

(c) The Chief Administrative Law Judge may contract for the services of an attorney to serve as a special administrative law judge when necessary.

(d) The Chief Administrative Law Judge may employ and direct other staff, including administrative, supervisory, clerical, and other specialized or technical personnel that may be necessary to carry out the purposes of this Article.

(e) The Chief Administrative Law Judge must assign an administrative law judge for any proceeding that is required by this Article to be conducted by the Office and for any proceeding for which the Office has agreed to furnish an administrative law judge as provided in Section 12-10 of this Act. No agency may select any individual administrative law judge for any proceeding or reject any individual administrative law judge.

(f) Any administrative law judge so assigned does not become an employee of the agency during the assignment and is not subject to the direction or the supervision of the agency to whose proceeding the administrative law judge has been assigned. In cases where the agency is a party to the hearing, it shall have all rights and privileges and be subject to the same limitations as all other parties to the hearing.

(g) In assigning administrative law judges, the Chief Administrative Law Judge must, when possible, use personnel having knowledge, training, or experience in the field or subject matter of the hearing and assign administrative law judges primarily to the hearings of particular agencies on a long-term basis. The Chief Administrative Law Judge may act as an administrative law judge in a particular case when appropriate under law.

(h) If an administrative law judge becomes unavailable as a result of recusal, disqualification, or any other reason, the Chief Administrative Law Judge must assign another administrative law judge to preside at the administrative hearing.

(i) The Chief Administrative Law Judge shall adopt under Article 5 of this Act uniform rules of procedure and evidence governing hearings conducted by the Office of Administrative Hearings. Rules adopted by the Chief Administrative Law Judge shall supersede any contrary rules adopted by agencies subject to this Article, except to the extent required by federal law or State statute. The Chief Administrative Law Judge may adopt additional rules as necessary to carry out the powers and duties of the Office of Administrative Hearings.

(j) The Chief Administrative Law Judge must:

(1) annually collect information on administrative law and procedure in this State and must study administrative law and procedure for the purpose of improving the fairness, efficiency, and uniformity of administrative adjudicatory proceedings in this State;

(2) monitor the quality and cost of State administrative hearings; and

(3) annually report his or her findings and recommendations to the Governor and to the General Assembly no later than March 15 of each year.

(5 ILCS 100/12-30 new)

Sec. 12-30. Proceedings. Beginning on July 1, 2018, an administrative law judge of the Office shall preside over any administrative hearing of any agency subject to this Article, except that an administrative hearing in a contested case commenced before July 1, 2018, and pending before an administrative law judge not transferred to the Office of Administrative Hearings by operation of Section 12-40 shall not be heard by an administrative law judge of the Office without the agreement of the parties.

(5 ILCS 100/12-35 new)

Sec. 12-35. Authority of administrative law judges. An administrative law judge assigned by the Office to preside over an administrative hearing shall have the authority to:

(1) conduct a fair, impartial, and formal hearing following the applicable evidentiary standards;

(2) control the conduct of the hearing to prevent irrelevant or immaterial discussion and take all necessary actions to avoid delay;

(3) inform participants of their individual rights and responsibilities;

(4) conduct pre-hearing conferences;

(5) take necessary steps to ensure the development of a clear and complete record, preserve all documents and evidence for the record, and provide for the recording of the hearing;

(6) administer an oath or an affirmation to all witnesses, permit examination of any witness under oath, examine any of the witnesses at any time or request additional information from either party, set reasonable limits on the scope of testimony or argument, and determine the order of appearance of all parties;

(7) issue subpoenas requested prior to the hearing;

(8) rule upon all motions, objections, and other matters arising in the course of the hearing;

(9) receive all evidence and testimony and rule on its admissibility, as well as require the production of any relevant document, witness, or other evidence the administrative law judge deems material or relevant to any issue, including, but not limited to, additional testimony, documents, exhibits, briefs, memoranda of law, or post-hearing briefs;

(10) require cooperation by all parties and maintain order and decorum, which the administrative law judge may accomplish by ordering the removal of any person from the hearing who is creating a disturbance that disrupts the hearing, whether by physical actions, profanity, or conduct; and

(11) enter orders as are just to address any violation of this Article, administrative rules adopted under Article 5 of this Act, or the administrative law judge's rulings.

(5 ILCS 100/12-40 new)

Sec. 12-40. Ex parte communications.

(a) Except in the disposition of matters that are authorized by law to be disposed of on an ex parte basis, administrative law judges of the Office shall not communicate, directly or indirectly, with any individual or party imparting or requesting material information or making a material argument regarding a contested case without notice and opportunity for all parties to participate. Any such communication shall be made part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications, all responses made, and the identity of each person from whom the ex parte communication was received.

(b) Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, scheduling, and status of proceedings, are not considered ex parte communications under this Section.

(c) An administrative law judge's communications with other employees of the Office are not considered ex parte communications under this Section.

(5 ILCS 100/12-45 new)

Sec. 12-45. Proposed decisions.

(a) When a majority of the members of an agency or of an examining, advisory, or disciplinary board has not heard a case with the administrative law judge, any proposed decision prepared by an administrative law judge of the Office is subject to this Section and Section 10-45 of this Act.

(b) When an administrative law judge hears a case alone, he or she must prepare a decision. The administrative law judge must submit the decision to the agency or, in the case of proceedings that an examining, advisory, or disciplinary board is authorized by law to hear and make a recommended decision, to the examining, advisory, or disciplinary board.

(c) When an administrative law judge hears a case with an agency head or with an examining, advisory, or disciplinary board, the administrative law judge must be present during the consideration of the case and must, if requested by the agency or by the board, prepare a proposed decision and submit it to the agency or board.

(d) In reviewing a proposed decision submitted by an administrative law judge of the Office, an agency head or an examining, advisory, or disciplinary board is not bound by the proposed decision and may adopt all, some, or none of the proposed decision as its recommended decision. If the agency head or examining, advisory, or disciplinary board does not adopt the proposed decision in its entirety, it must either: (i) recommend a decision in the case based upon the record, including transcript; or (ii) remand the case to the same administrative law judge to take additional evidence.

(e) If a case has been remanded to an administrative law judge to take additional evidence or to include more detailed findings of fact or conclusions of law, the administrative law judge must prepare a proposed decision upon the additional evidence, the transcript, and other papers that are part of the record of the prior hearing, and must submit the proposed decision to the agency or to the examining, advisory, or disciplinary board. If the administrative law judge who heard the case originally is unavailable to take the additional evidence, by reason of illness, disability, or because he or she is no longer employed by the Office, the Chief Administrative Law Judge must assign a different administrative law judge to take the additional evidence.

(5 ILCS 100/12-50 new)

Sec. 12-50. Transition.

(a) The Governor shall appoint a Chief Administrative Law Judge to take office on July 1, 2018.

(b) No later than January 1, 2019, each State agency must provide to the Chief Administrative Law Judge all relevant information concerning its hearings. This information shall include, but not be limited to, the following:

(1) hearing functions, including: (i) number of hearings and current status; and (ii) federal and State rules, regulations, and internal policies and procedures related to each type of program for which administrative hearings can be held;

(2) personnel used as: (i) administrative law judges, hearing officers, hearing referees, or any other term used to refer to those who conduct administrative hearings, including contractors; and (ii) support staff or staff that otherwise provides input or support to the hearing process;

(3) the appropriation and source of funding for all positions, equipment, services, and travel used in the hearing process; and

(4) all property, including leases, for personnel involved in the hearing process.

(c) All personnel principally involved in administrative hearings conducted by an agency subject to the provisions of this Act for at least one year before July 1, 2018, must be administratively transferred to the Office no later than June 30, 2019.

(d) All equipment or other tangible property, in possession of agencies, used or held principally by personnel transferred under the Section must be transferred to the Office not later than July 1, 2019, unless the head of the agency and the Chief Administrative Law Judge determine the equipment or property will be more efficiently used by the agency if not transferred.".