Full Text of SB0951 100th General Assembly
SB0951sam002 100TH GENERAL ASSEMBLY | Sen. Jim Oberweis Filed: 5/11/2017
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| 1 | | AMENDMENT TO SENATE BILL 951
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 951, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Administrative Procedure Act is | 6 | | amended by changing Sections 10-25 and 10-50 and by adding | 7 | | Section 10-75 as follows:
| 8 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| 9 | | Sec. 10-25. Contested cases; notice; hearing.
| 10 | | (a) In a contested case, all parties shall be afforded an | 11 | | opportunity for
a hearing after reasonable notice. The notice | 12 | | shall be served personally ,
or by certified or registered mail , | 13 | | email as required in Section 10-75, or as otherwise provided by | 14 | | law upon the
parties or their agents appointed to receive | 15 | | service of process and shall
include the following:
| 16 | | (1) A statement of the time, place, and nature of the
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| 1 | | hearing.
| 2 | | (2) A statement of the legal authority and jurisdiction | 3 | | under
which the hearing is to be held.
| 4 | | (3) A reference to the particular Sections of the | 5 | | substantive and
procedural statutes and
rules involved.
| 6 | | (4) Except where a more detailed statement is otherwise | 7 | | provided
for by law, a short and plain statement of the | 8 | | matters asserted, the
consequences of a failure to respond, | 9 | | and the official file or other
reference number.
| 10 | | (5) The names and mailing addresses of the | 11 | | administrative law judge,
all parties, and all other | 12 | | persons to whom the agency gives notice of the
hearing | 13 | | unless otherwise confidential by law.
| 14 | | (b) An opportunity shall be afforded all parties to be | 15 | | represented by
legal counsel and to respond and present | 16 | | evidence and argument.
| 17 | | (c) Unless precluded by law, disposition may be made of any | 18 | | contested
case by stipulation, agreed settlement, consent | 19 | | order, or default.
| 20 | | (Source: P.A. 87-823 .)
| 21 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 22 | | Sec. 10-50. Decisions and orders.
| 23 | | (a) A final decision or order adverse to a party (other | 24 | | than the agency)
in a contested case shall be in writing or | 25 | | stated in the record. A final
decision shall include findings |
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| 1 | | of fact and conclusions of law, separately
stated. Findings of | 2 | | fact, if set forth in statutory language, shall be
accompanied | 3 | | by a concise and explicit statement of the underlying facts
| 4 | | supporting the findings. If, in accordance with agency rules, a | 5 | | party
submitted proposed findings of fact, the decision shall | 6 | | include a ruling
upon each proposed finding. Parties or their | 7 | | agents appointed to receive
service of process shall be | 8 | | notified either personally , or by registered or
certified mail , | 9 | | or by email as required in Section 10-75 of any decision or | 10 | | order. Upon request a copy of the
decision or order shall be | 11 | | delivered or mailed forthwith to each party and
to his attorney | 12 | | of record.
| 13 | | (b) All agency orders shall specify whether they are final | 14 | | and subject
to the Administrative Review Law.
| 15 | | (c) A decision by any agency in a contested case under this | 16 | | Act shall be
void unless the proceedings are conducted in | 17 | | compliance with the provisions
of this Act relating to | 18 | | contested cases, except to the extent those provisions
are | 19 | | waived under Section 10-70 and except to the extent the
agency | 20 | | has adopted its own rules for contested cases as authorized in | 21 | | Section
1-5.
| 22 | | (Source: P.A. 92-16, eff. 6-28-01.)
| 23 | | (5 ILCS 100/10-75 new) | 24 | | Sec. 10-75. Service by email. | 25 | | (a) The following requirements shall apply for consenting |
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| 1 | | to accept service by email: | 2 | | (1) At any time either before or after its issuance of | 3 | | a hearing notice as described in Section 10-25, an agency | 4 | | may require any attorney representing a party to the | 5 | | hearing to provide one or more email addresses at which | 6 | | they consent to accept service of documents described in | 7 | | Sections 10-25 and 10-50 in connection with the hearing. A | 8 | | party represented by an attorney may provide the email | 9 | | address of the attorney. | 10 | | (2) To the extent a person or entity is subject to | 11 | | licensure, permitting, or regulation by the agency, or | 12 | | submits an application for licensure or permitting to the | 13 | | agency, that agency may require, as a condition of such | 14 | | application, licensure, permitting, or regulation, that | 15 | | such unrepresented persons or entities consent to service | 16 | | by email of documents described in Sections 10-25 and 10-50 | 17 | | in connection with any hearings that may arise under this | 18 | | Section in connection with such application, licensure or | 19 | | regulation, provided that the agency: (i) requires that any | 20 | | person or entity providing such an email address update | 21 | | that email address if it is changed; and (ii) annually | 22 | | 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 |
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| 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 | 12 | | by email, no document described in Sections 10-25 or 10-50 may | 13 | | be served by email to the extent the document contains: | 14 | | (1) a Social Security or individual | 15 | | taxpayer-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 | 24 | | transmission. Agencies that use email to serve documents under | 25 | | Sections 10-25 and 10-50 shall adopt rules that specify the | 26 | | standard for confirming delivery, and in failure to confirm |
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| 1 | | delivery, what steps the agency will take to ensure that | 2 | | service by email or other means is accomplished. ".
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