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Public Act 095-0831


 

Public Act 0831 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0831
 
SB2111 Enrolled LRB095 14369 WGH 43432 b

    AN ACT concerning administrative review.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 3-103, 3-105, 3-107, 3-111, and 3-113 as
follows:
 
    (735 ILCS 5/3-103)  (from Ch. 110, par. 3-103)
    Sec. 3-103. Commencement of action. Every action to review
a final administrative decision shall be commenced by the
filing of a complaint and the issuance of summons within 35
days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision,
except that:
        (1) in municipalities with a population of 500,000 or
    less a complaint filed within the time limit established by
    this Section may be subsequently amended to add a police
    chief or a fire chief in cases brought under the Illinois
    Municipal Code's provisions providing for the discipline
    of fire fighters and police officers. ; and
        (2) in other actions for review of a final
    administrative decision, a complaint filed within the time
    limit established by this Section may be amended to add an
    employee, agent, or member of an administrative agency,
    board, committee, or government entity, who acted in an
    official capacity as a party of record to the
    administrative proceeding, if the administrative agency,
    board, committee, or government entity is a party to the
    administrative review action. If the director or agency
    head, in his or her official capacity, is a party to the
    administrative review, a complaint filed within the time
    limit established by this Section may be amended to add the
    administrative agency, board, committee, or government
    entity.
    The method of service of the decision shall be as provided
in the Act governing the procedure before the administrative
agency, but if no method is provided, a decision shall be
deemed to have been served either when a copy of the decision
is personally delivered or when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to the party affected
by the decision at his or her last known residence or place of
business.
    The form of the summons and the issuance of alias summons
shall be according to rules of the Supreme Court.
    This amendatory Act of 1993 applies to all cases involving
discipline of fire fighters and police officers pending on its
effective date and to all cases filed on or after its effective
date.
    The changes to this Section made by this amendatory Act of
the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 88-1; 88-110; 88-670, eff. 12-2-94; 89-685, eff.
6-1-97.)
 
    (735 ILCS 5/3-105)  (from Ch. 110, par. 3-105)
    Sec. 3-105. Service of summons. Summons issued in any
action to review the final administrative decision of any
administrative agency shall be served by registered or
certified mail on the administrative agency and on each of the
other defendants except in the case of a review of a final
administrative decision of the regional board of school
trustees, regional superintendent of schools, or State
Superintendent of Education, as the case may be, when a
committee of 10 has been designated as provided in Section 7-6
of the School Code, and in such case only the administrative
agency involved and each of the committee of 10 shall be
served. The method of service shall be as provided in the Act
governing the procedure before the administrative agency, but
if no method is provided, summons shall be deemed to have been
served either when a copy of the summons is personally
delivered or when a copy of the decision is deposited in the
United States mail, in a sealed envelope or package, with
postage prepaid, addressed to the party affected by the
decision at his or her last known residence or place of
business. The form of the summons and the issuance of alias
summons shall be according to rules of the Supreme Court. No
action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an
employee, agent, or member of an administrative agency, board,
committee, or government entity, acting in his or her official
capacity, where the administrative agency, board, committee,
or government entity has been served as provided in this
Section. Service on the director or agency head, in his or her
official capacity, shall be deemed service on the
administrative agency, board, committee, or government entity.
No action for administrative review shall be dismissed for lack
of jurisdiction based upon the failure to serve summons on an
administrative agency, board, committee, or government entity,
acting, where the director or agency head, in his or her
official capacity, has been served as provided in this Section.
Service on the administrative agency shall be made by the clerk
of the court by sending a copy of the summons addressed to the
agency at its main office in the State. The clerk of the court
shall also mail a copy of the summons to each of the other
defendants, addressed to the last known place of residence or
principal place of business of each such defendant. The
plaintiff shall, by affidavit filed with the complaint,
designate the last known address of each defendant upon whom
service shall be made. The certificate of the clerk of the
court that he or she has served such summons in pursuance of
this Section shall be evidence that he or she has done so.
    The changes to this Section made by this amendatory Act of
the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 88-1; 89-685, eff. 6-1-97.)
 
    (735 ILCS 5/3-107)  (from Ch. 110, par. 3-107)
    Sec. 3-107. Defendants.
    (a) Except as provided in subsection (b) or (c), in any
action to review any final decision of an administrative
agency, the administrative agency and all persons, other than
the plaintiff, who were parties of record to the proceedings
before the administrative agency shall be made defendants. The
method of service of the decision shall be as provided in the
Act governing the procedure before the administrative agency,
but if no method is provided, a decision shall be deemed to
have been served either when a copy of the decision is
personally delivered or when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to the party affected
by the decision at his or her last known residence or place of
business. The form of the summons and the issuance of alias
summons shall be according to rules of the Supreme Court.
    No action for administrative review shall be dismissed for
lack of jurisdiction based upon the failure to name an
employee, agent, or member, who acted in his or her official
capacity, of an administrative agency, board, committee, or
government entity, where the administrative agency, board,
committee, or government entity, has been named as a defendant
as provided in this Section. Naming the director or agency
head, in his or her official capacity, shall be deemed to
include as defendant the administrative agency, board,
committee, or government entity that the named defendants
direct or head. No action for administrative review shall be
dismissed for lack of jurisdiction based upon the failure to
name an administrative agency, board, committee, or government
entity, where the director or agency head, in his or her
official capacity, has been named as a defendant as provided in
this Section.
    If, during the course of a review action, the court
determines that an agency or a party of record to the
administrative proceedings was not made a defendant as required
by the preceding paragraph, and only if that party was not
named by the administrative agency in its final order as a
party of record, then the court shall grant the plaintiff 35 21
days from the date of the determination in which to name and
serve the unnamed agency or party as a defendant. The court
shall permit the newly served defendant to participate in the
proceedings to the extent the interests of justice may require.
    (b) With respect to actions to review decisions of a zoning
board of appeals in a municipality with a population of 500,000
or more inhabitants under Division 13 of Article 11 of the
Illinois Municipal Code, "parties of record" means only the
zoning board of appeals and applicants before the zoning board
of appeals. The plaintiff shall send a notice of filing of the
action by certified mail to each other person who appeared
before and submitted oral testimony or written statements to
the zoning board of appeals with respect to the decision
appealed from. The notice shall be mailed within 2 days of the
filing of the action. The notice shall state the caption of the
action, the court in which the action is filed, and the names
of the plaintiff in the action and the applicant to the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the zoning
board of appeals with respect to the decision appealed from
shall have a right to intervene as a defendant in the action
upon application made to the court within 30 days of the
mailing of the notice.
    (c) With respect to actions to review decisions of a
hearing officer or a county zoning board of appeals under
Division 5-12 of Article 5 of the Counties Code, "parties of
record" means only the hearing officer or the zoning board of
appeals and applicants before the hearing officer or the zoning
board of appeals. The plaintiff shall send a notice of filing
of the action by certified mail to each other person who
appeared before and submitted oral testimony or written
statements to the hearing officer or the zoning board of
appeals with respect to the decision appealed from. The notice
shall be mailed within 2 days of the filing of the action. The
notice shall state the caption of the action, the court in
which the action is filed, and the name of the plaintiff in the
action and the applicant to the hearing officer or the zoning
board of appeals. The notice shall inform the person of his or
her right to intervene. Each person who appeared before and
submitted oral testimony or written statements to the hearing
officer or the zoning board of appeals with respect to the
decision appealed from shall have a right to intervene as a
defendant in the action upon application made to the court
within 30 days of the mailing of the notice. This subsection
(c) applies to zoning proceedings commenced on or after the
effective date of this amendatory Act of the 95th General
Assembly.
    (d) The changes to this Section made by this amendatory Act
of the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 95-321, eff. 8-21-07.)
 
    (735 ILCS 5/3-111)  (from Ch. 110, par. 3-111)
    Sec. 3-111. Powers of circuit court.
    (a) The Circuit Court has power:
        (1) with or without requiring bond (except if otherwise
    provided in the particular statute under authority of which
    the administrative decision was entered), and before or
    after answer filed, upon notice to the agency and good
    cause shown, to stay the decision of the administrative
    agency in whole or in part pending the final disposition of
    the case. For the purpose of this subsection, "good cause"
    requires the applicant to show (i) that an immediate stay
    is required in order to preserve the status quo without
    endangering the public, (ii) that it is not contrary to
    public policy, and (iii) that there exists a reasonable
    likelihood of success on the merits;
        (2) to make any order that it deems proper for the
    amendment, completion or filing of the record of
    proceedings of the administrative agency;
        (3) to allow substitution of parties by reason of
    marriage, death, bankruptcy, assignment or other cause;
        (4) to dismiss parties, to correct misnomers, or to
    realign parties, or to join agencies or parties plaintiffs
    and defendants;
        (5) to affirm or reverse the decision in whole or in
    part;
        (6) where a hearing has been held by the agency, to
    reverse and remand the decision in whole or in part, and,
    in that case, to state the questions requiring further
    hearing or proceedings and to give such other instructions
    as may be proper;
        (7) where a hearing has been held by the agency, to
    remand for the purpose of taking additional evidence when
    from the state of the record of the administrative agency
    or otherwise it shall appear that such action is just.
    However, no remandment shall be made on the ground of newly
    discovered evidence unless it appears to the satisfaction
    of the court that such evidence has in fact been discovered
    subsequent to the termination of the proceedings before the
    administrative agency and that it could not by the exercise
    of reasonable diligence have been obtained at such
    proceedings; and that such evidence is material to the
    issues and is not cumulative;
        (8) in case of affirmance or partial affirmance of an
    administrative decision which requires the payment of
    money, to enter judgment for the amount justified by the
    record and for costs, which judgment may be enforced as
    other judgments for the recovery of money;
        (9) when the particular statute under authority of
    which the administrative decision was entered requires the
    plaintiff to file a satisfactory bond and provides for the
    dismissal of the action for the plaintiff's failure to
    comply with this requirement unless the court is authorized
    by the particular statute to enter, and does enter, an
    order imposing a lien upon the plaintiff's property, to
    take such proofs and to enter such orders as may be
    appropriate to carry out the provisions of the particular
    statute. However, the court shall not approve the bond, nor
    enter an order for the lien, in any amount which is less
    than that prescribed by the particular statute under
    authority of which the administrative decision was entered
    if the statute provides what the minimum amount of the bond
    or lien shall be or provides how said minimum amount shall
    be determined. No such bond shall be approved by the court
    without notice to, and an opportunity to be heard thereon
    by, the administrative agency affected. The lien, created
    by the entry of a court order in lieu of a bond, shall not
    apply to property exempted from the lien by the particular
    statute under authority of which the administrative
    decision was entered. The lien shall not be effective
    against real property whose title is registered under the
    provisions of the Registered Titles (Torrens) Act until the
    provisions of Section 85 of that Act are complied with.
    (b) Technical errors in the proceedings before the
administrative agency or its failure to observe the technical
rules of evidence shall not constitute grounds for the reversal
of the administrative decision unless it appears to the court
that such error or failure materially affected the rights of
any party and resulted in substantial injustice to him or her.
    (c) On motion of either party, the circuit court shall make
findings of fact or state the propositions of law upon which
its judgment is based.
    (d) The changes to this Section made by this amendatory Act
of the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 88-1; 88-184; 88-670, eff. 12-2-94.)
 
    (735 ILCS 5/3-113)
    Sec. 3-113. Direct review of administrative orders by the
appellate court.
    (a) Unless another time is provided specifically by the law
authorizing the review, an action for direct review of a final
administrative decision of an administrative agency by the
appellate court shall be commenced by the filing of a petition
for review in the appellate court within 35 days from the date
that a copy of the decision sought to be reviewed was served
upon the party affected by the decision. The method of service
of the decision shall be as provided in the Act governing the
procedure before the administrative agency, but if no method is
provided, a decision shall be deemed to have been served either
when a copy of the decision is personally delivered or when a
copy of the decision is deposited in the United States mail, in
a sealed envelope or package, with postage prepaid, addressed
to the party affected by the decision at his or her last known
residence or place of business.
    (b) The petition for review shall be filed in the appellate
court and shall specify the parties seeking review and shall
designate the respondent and the order or part thereof to be
reviewed. The administrative agency and all persons, other than
the petitioner, who were other parties of record to the
proceedings before the administrative agency shall be made
named respondents. The method of service of the decision shall
be as provided in the Act governing the procedure before the
administrative agency, but if no method is provided, a decision
shall be deemed to have been served either when a copy of the
decision is personally delivered or when a copy of the decision
is deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to the party affected
by the decision at his or her last known residence or place of
business. The form of the summons and the issuance of alias
summons shall be according to rules of the Supreme Court.
    If, during the course of a review action, the court
determines that an agency or a party of record to the
administrative proceedings was not made a defendant as required
by the preceding paragraph, and only if that party was not
named by the administrative agency in its final order as a
party of record, then the court shall grant the plaintiff 35 21
days from the date of the determination in which to name and
serve the unnamed agency or party as a defendant. The court
shall permit the newly served defendant to participate in the
proceedings to the extent the interests of justice may require.
    (c) The changes to this Section made by this amendatory Act
of the 95th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 95th
General Assembly.
(Source: P.A. 88-1; 89-438, eff. 12-15-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2008