Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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GENERAL PROVISIONS5 ILCS 100/10-50
(5 ILCS 100/) Illinois Administrative Procedure Act.
(5 ILCS 100/10-50)
(from Ch. 127, par. 1010-50)
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 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 either personally or by registered or
certified mail 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 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
(Source: P.A. 100-212, eff. 8-18-17.)
5 ILCS 100/10-55
(5 ILCS 100/10-55)
(from Ch. 127, par. 1010-55)
Expenses and attorney's fees.
(a) In any contested case initiated by any agency that does
not proceed to court for judicial review and on any issue where a court
does not have jurisdiction to make an award of litigation expenses under
Section 2-611 of the Civil Practice Law, any allegation made by the agency
without reasonable cause and found to be untrue shall subject the agency
making the allegation to the payment of the reasonable expenses, including
reasonable attorney's fees, actually incurred in defending against that
allegation by the party against whom the case was initiated. A claimant may
not recover litigation expenses when the parties have executed a settlement
agreement that, while not stipulating liability or violation, requires the
claimant to take correction action or pay a monetary sum.
(b) The claimant shall make a demand for litigation expenses to the
agency. If the claimant is dissatisfied because of the agency's failure to
make any award or because of the insufficiency of the agency's award, the
claimant may petition the Court of Claims for the amount deemed owed. If
allowed any recovery by the Court of Claims, the claimant shall also be
entitled to reasonable attorney's fees and the reasonable expenses incurred
in making a claim for the expenses incurred in the administrative action.
The Court of Claims may reduce the amount of the litigation expenses to be
awarded under this Section, or deny an award, to the extent that the
claimant engaged in conduct during the course of the proceeding that unduly
and unreasonably protracted the final resolution of the matter in controversy.
(c) In any case in which a party has any administrative rule invalidated
by a court for any reason, including but not limited to the agency's exceeding
its statutory authority or the agency's failure to follow statutory procedures
in the adoption of the rule, the court shall award the party bringing the
action the reasonable expenses of the litigation, including reasonable
(Source: P.A. 87-823.)
5 ILCS 100/10-60
(5 ILCS 100/10-60)
(from Ch. 127, par. 1010-60)
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, 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, 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.
(b) However, an agency member may communicate with 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.
(c) 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) 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
(Source: P.A. 87-823.)
5 ILCS 100/10-63
(5 ILCS 100/10-63)
Stay of contested case hearings; military.
(a) In this Section:
"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In a contested case in which a named party is a service member who has entered military service, for a period of 14 days that follow the conclusion of military service, the administrative law judge shall, upon motion made by or on behalf of the service member, stay the hearing for a period of 90 days if the service member's ability to appear at the hearing is materially affected by his or her military service.
(c) In order to be eligible for the benefits granted to service members under this Section, a service member must demonstrate that his or her military service has been in excess of 29 consecutive days and has materially affected his or her ability to attend the hearing by submitting a letter to the administrative law judge from the service member's commanding officer stating that the service member's military duty has prevented the service member from appearing at the hearing and that military leave has not been authorized. The service member must also provide the administrative law judge with an approximate date of availability.
(d) Additional stays of the contested case hearing shall be permitted at the discretion of the administrative law judge if all of the requirements of this Section are met.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.)
5 ILCS 100/10-65
(5 ILCS 100/10-65)
(from Ch. 127, par. 1010-65)
(a) When any licensing is required by law to be preceded by notice and
an opportunity for 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.
(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. Each agency shall require
the licensee to certify on the
application 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 shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
to contempt of court. The agency shall notify each applicant or licensee
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 a hearing
with the provisions of the Act concerning contested cases. 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. 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.
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
of child support and has subsequently certified the delinquency to the
and in cases in which a court has previously determined that an applicant or
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
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. 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
Department of Healthcare and Family Services (formerly Department of Public Aid) or the court. The licensing agency may impose
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
a hearing in accordance with the provisions of this Act concerning
contested cases. At the 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 100/10-70
(5 ILCS 100/10-70)
(from Ch. 127, par. 1010-70)
Compliance with any or all of the provisions of
this Act concerning contested cases may be waived by written stipulation
of all parties.
(Source: P.A. 87-823.)
5 ILCS 100/Art. 15
(5 ILCS 100/Art. 15 heading)
SEVERABILITY AND EFFECTIVE DATE
5 ILCS 100/15-5
(5 ILCS 100/15-5)
(from Ch. 127, par. 1015-5)
If any provision of this Act or the
application of any provision of this Act to any person or circumstance is
held invalid, the invalidity does not affect other provisions or
applications of the Act that can be given effect without the invalid
provision or application, and for this purpose the provisions of this
Act are severable.
(Source: P.A. 87-823.)
5 ILCS 100/15-10
(5 ILCS 100/15-10)
(from Ch. 127, par. 1015-10)
This Act takes effect
upon becoming law.
(Source: P.A. 87-823.)