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Public Act 100-0212


 

Public Act 0212 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0212
 
SB0584 EnrolledLRB100 03920 RJF 13925 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 10-50 as follows:
 
    (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 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 1-5.
(Source: P.A. 92-16, eff. 6-28-01.)
 
    Section 10. The Code of Civil Procedure is amended by
changing Sections 3-107 and 3-111 as follows:
 
    (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: (1) based upon misnomer of an agency,
board, commission, or party that is properly served with
summons that was issued in the action within the applicable
time limits; or (2) for a 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 a timely action for administrative review has
been filed that identifies the final administrative decision
under review and that makes a good faith effort to properly
name 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, then the court shall grant the
plaintiff 35 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 July 1,
2007 (the effective date of Public Act 95-321) this amendatory
Act of the 95th General Assembly.
    (d) The changes to this Section made by Public Act
95-831 this amendatory Act of the 95th General Assembly apply to
all actions filed on or after August 21, 2007 (the effective
date of Public Act 95-831) this amendatory Act of the 95th
General Assembly. The changes made by this amendatory Act of
the 100th General Assembly apply to all actions filed on or
after the effective date of this amendatory Act of the 100th
General Assembly.
(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
 
    (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,
    including any erroneous identification of the
    administrative agency that was made in good faith, to
    realign parties, or to join agencies or parties;
        (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 Public Act 95-831
this amendatory Act of the 95th General Assembly apply to all
actions filed on or after August 21, 2007 (the effective date
of Public Act 95-831) this amendatory Act of the 95th General
Assembly. The changes made by this amendatory Act of the 100th
General Assembly apply to all actions filed on or after the
effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 95-831, eff. 8-14-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017