95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0058

 

Introduced 1/31/2007, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Administrative Procedure Act to create the Office of Administrative Hearings. Provides that the Office shall conduct administrative hearings for agencies under the jurisdiction of the Governor, except for the Illinois Public 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 Illinois State Police Merit Board, the Property Tax Appeal Board, the Human Rights Commission, and the State Board of Elections. Provides for the appointment of a Chief Administrative Law Judge by the Governor with the advice and consent of the Senate. Sets the powers and duties of the Chief Administrative Law Judge. Sets qualifications for administrative law judges employed by the Office. Sets out procedures for the conduct of administrative hearings by the Office. Provides for the transfer of personnel and property to the Office from State agencies. Amends the Personnel Code to exempt employees of the Office from the provisions of the Code. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning administrative hearings.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 1-5, 1-15, 1-30, 10-5, 10-15,
6 10-20, 10-25, 10-45, 10-50, 10-60, and 10-65 and adding
7 Sections 1-13 and 10-3 and Article 12 as follows:
 
8     (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
9     Sec. 1-5. Applicability.
10     (a) This Act applies to every agency as defined in this
11 Act. Beginning January 1, 1978, in case of conflict between the
12 provisions of this Act and the Act creating or conferring power
13 on an agency, this Act shall control. If, however, an agency
14 (or its predecessor in the case of an agency that has been
15 consolidated or reorganized) has existing procedures on July 1,
16 1977, specifically for contested cases or licensing, those
17 existing provisions control, except that this exception
18 respecting contested cases and licensing does not apply if the
19 Act creating or conferring power on the agency adopts by
20 express reference the provisions of this Act. Where the Act
21 creating or conferring power on an agency establishes
22 administrative procedures not covered by this Act, those
23 procedures shall remain in effect.

 

 

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1     (b) The provisions of this Act do not apply to (i)
2 preliminary hearings, investigations, or practices where no
3 final determinations affecting State funding are made by the
4 State Board of Education, (ii) legal opinions issued under
5 Section 2-3.7 of the School Code, (iii) as to State colleges
6 and universities, their disciplinary and grievance
7 proceedings, academic irregularity and capricious grading
8 proceedings, and admission standards and procedures, and (iv)
9 the class specifications for positions and individual position
10 descriptions prepared and maintained under the Personnel Code.
11 Those class specifications shall, however, be made reasonably
12 available to the public for inspection and copying. The
13 provisions of this Act do not apply to hearings under Section
14 20 of the Uniform Disposition of Unclaimed Property Act.
15     (c) Section 5-35 of this Act relating to procedures for
16 rulemaking does not apply to the following:
17         (1) Rules adopted by the Pollution Control Board that,
18     in accordance with Section 7.2 of the Environmental
19     Protection Act, are identical in substance to federal
20     regulations or amendments to those regulations
21     implementing the following: Sections 3001, 3002, 3003,
22     3004, 3005, and 9003 of the Solid Waste Disposal Act;
23     Section 105 of the Comprehensive Environmental Response,
24     Compensation, and Liability Act of 1980; Sections 307(b),
25     307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
26     Water Pollution Control Act; and Sections 1412(b),

 

 

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1     1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
2     Water Act.
3         (2) Rules adopted by the Pollution Control Board that
4     establish or amend standards for the emission of
5     hydrocarbons and carbon monoxide from gasoline powered
6     motor vehicles subject to inspection under Section 13A-105
7     of the Vehicle Emissions Inspection Law and rules adopted
8     under Section 13B-20 of the Vehicle Emissions Inspection
9     Law of 1995.
10         (3) Procedural rules adopted by the Pollution Control
11     Board governing requests for exceptions under Section 14.2
12     of the Environmental Protection Act.
13         (4) The Pollution Control Board's grant, pursuant to an
14     adjudicatory determination, of an adjusted standard for
15     persons who can justify an adjustment consistent with
16     subsection (a) of Section 27 of the Environmental
17     Protection Act.
18         (5) Rules adopted by the Pollution Control Board that
19     are identical in substance to the regulations adopted by
20     the Office of the State Fire Marshal under clause (ii) of
21     paragraph (b) of subsection (3) of Section 2 of the
22     Gasoline Storage Act.
23     (d) Pay rates established under Section 8a of the Personnel
24 Code shall be amended or repealed pursuant to the process set
25 forth in Section 5-50 within 30 days after it becomes necessary
26 to do so due to a conflict between the rates and the terms of a

 

 

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1 collective bargaining agreement covering the compensation of
2 an employee subject to that Code.
3     (e) Section 10-45 of this Act shall not apply to any
4 hearing, proceeding, or investigation conducted under Section
5 13-515 of the Public Utilities Act.
6     (f) Article 10 of this Act does not apply to any hearing,
7 proceeding, or investigation conducted by the State Council for
8 the State of Illinois created under Section 3-3-11.05 of the
9 Unified Code of Corrections or by the Interstate Commission
10 Commision for Adult Offender Supervision created under the
11 Interstate Compact for Adult Offender Supervision.
12 (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
 
13     (5 ILCS 100/1-13 new)
14     Sec. 1-13. "Administrative hearing" means any hearing
15 required to comply with the provisions of this Act concerning a
16 contested case.
 
17     (5 ILCS 100/1-15)  (from Ch. 127, par. 1001-15)
18     Sec. 1-15. "Administrative law judge" means the presiding
19 officer or officers at the initial administrative hearing
20 before each agency and each continuation of that administrative
21 hearing. The term also includes but is not limited to hearing
22 examiners, hearing officers, referees, and arbitrators.
23 (Source: P.A. 87-823.)
 

 

 

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1     (5 ILCS 100/1-30)  (from Ch. 127, par. 1001-30)
2     Sec. 1-30. "Contested case" means an adjudicatory
3 proceeding (not including ratemaking, rulemaking, or
4 quasi-legislative, informational, or similar proceedings) in
5 which the individual legal rights, duties, or privileges of a
6 party are required by law to be determined by an agency only
7 after an opportunity for an administrative a hearing.
8 (Source: P.A. 87-823.)
 
9     (5 ILCS 100/10-3 new)
10     Sec. 10-3. Applicability. This Article applies to all
11 agencies not covered by Article 12.
 
12     (5 ILCS 100/10-5)  (from Ch. 127, par. 1010-5)
13     Sec. 10-5. Rules required for hearings. All agencies shall
14 adopt rules establishing procedures for administrative
15 contested case hearings.
16 (Source: P.A. 87-823.)
 
17     (5 ILCS 100/10-15)  (from Ch. 127, par. 1010-15)
18     Sec. 10-15. Standard of proof. Unless otherwise provided
19 by law or stated in the agency's rules, the standard of proof
20 in any administrative contested case hearing conducted under
21 this Act by an agency shall be the preponderance of the
22 evidence.
23 (Source: P.A. 87-823.)
 

 

 

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1     (5 ILCS 100/10-20)  (from Ch. 127, par. 1010-20)
2     Sec. 10-20. Qualifications of administrative law judges.
3 All Agencies shall adopt rules concerning the minimum
4 qualifications of administrative law judges for administrative
5 contested case hearings not subject to Article 12 of this Act.
6 The agency head or an attorney licensed to practice law in
7 Illinois may act as an administrative law judge or panel for an
8 agency without adopting any rules under this Section. The These
9 rules may be adopted using the procedures in either Section
10 5-15 or 5-35.
11 (Source: P.A. 87-823.)
 
12     (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
13     Sec. 10-25. Notice of contested cases; administrative
14 notice; hearing.
15     (a) In a contested case, all parties shall be afforded an
16 opportunity for an administrative a hearing after reasonable
17 notice. The notice shall be served personally or by certified
18 or registered mail or as otherwise provided by law upon the
19 parties or their agents appointed to receive service of process
20 and shall include the following:
21         (1) A statement of the time, place, and nature of the
22     administrative hearing.
23         (2) A statement of the legal authority and jurisdiction
24     under which the administrative hearing is to be held.

 

 

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1         (3) A reference to the particular Sections of the
2     substantive and procedural statutes and rules involved.
3         (4) Except where a more detailed statement is otherwise
4     provided for by law, a short and plain statement of the
5     matters asserted, the consequences of a failure to respond,
6     and the official file or other reference number.
7         (5) The names and mailing addresses of the
8     administrative law judge, all parties, and all other
9     persons to whom the agency gives notice of the
10     administrative hearing unless otherwise confidential by
11     law.
12     (b) An opportunity shall be afforded all parties to be
13 represented by legal counsel and to respond and present
14 evidence and argument.
15     (c) Unless precluded by law, disposition may be made of any
16 contested case by stipulation, agreed settlement, consent
17 order, or default.
18 (Source: P.A. 87-823.)
 
19     (5 ILCS 100/10-45)  (from Ch. 127, par. 1010-45)
20     Sec. 10-45. Proposal for decision. Except where otherwise
21 expressly provided by law, when in a contested case a majority
22 of the officials of the agency who are to render the final
23 decision has not heard the case or read the record, the
24 decision, if adverse to a party to the proceeding other than
25 the agency, shall not be made until a proposal for decision is

 

 

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1 served upon the parties and an opportunity is afforded to each
2 party adversely affected to file exceptions and to present a
3 brief and, if the agency so permits, oral argument to the
4 agency officials who are to render the decision. The proposal
5 for decision shall contain a statement of the reasons therefor
6 and of each issue of fact or law necessary to the proposed
7 decision and shall be prepared by the persons who conducted the
8 administrative hearing or one who has read the record.
9 (Source: P.A. 87-823.)
 
10     (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
11     Sec. 10-50. Decisions and orders.
12     (a) A final decision or order adverse to a party (other
13 than the agency) in a contested case shall be in writing or
14 stated on in the record. A final decision shall include
15 findings of fact and conclusions of law, separately stated.
16 Findings of fact, if set forth in statutory language, shall be
17 accompanied by a concise and explicit statement of the
18 underlying facts supporting the findings. If, in accordance
19 with agency rules, a party submitted proposed findings of fact,
20 the decision shall include a ruling upon each proposed finding.
21 Parties or their agents appointed to receive service of process
22 shall be notified either personally or by registered or
23 certified mail of any decision or order. Upon request a copy of
24 the decision or order shall be delivered or mailed forthwith to
25 each party and to each his attorney of record.

 

 

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1     (b) All agency orders shall specify whether they are final
2 and subject to the Administrative Review Law.
3     (c) A decision by any agency in a contested case under this
4 Act shall be void unless the proceedings are conducted in
5 compliance with the provisions of this Act relating to
6 contested cases, except to the extent those provisions are
7 waived under Section 10-70 and except to the extent the agency
8 has adopted its own rules for contested cases as authorized in
9 Section 1-5.
10 (Source: P.A. 92-16, eff. 6-28-01.)
 
11     (5 ILCS 100/10-60)  (from Ch. 127, par. 1010-60)
12     Sec. 10-60. Ex parte communications.
13     (a) Except in the disposition of matters that agencies are
14 authorized by law to entertain or dispose of on an ex parte
15 basis, agency heads, agency employees, and administrative law
16 judges shall not, after notice of hearing in a contested case
17 or licensing to which the procedures of a contested case apply
18 under this Act, communicate, directly or indirectly, in
19 connection with any issue of fact, with any person or party, or
20 in connection with any other issue with any party or the
21 representative of any party, without except upon notice and
22 opportunity for all parties to participate.
23     (b) However, an agency member may communicate with other
24 members of the agency, and an agency member or administrative
25 law judge may have the aid and advice of one or more personal

 

 

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1 assistants.
2     (c) An ex parte communication received by any agency head,
3 agency employee, or administrative law judge shall be made a
4 part of the record of the pending matter, including all written
5 communications, all written responses to the communications,
6 and a memorandum stating the substance of all oral
7 communications and all responses made and the identity of each
8 person from whom the ex parte communication was received.
9     (d) Communications regarding matters of procedure and
10 practice, such as the format of pleadings, number of copies
11 required, manner of service, scheduling, and status of
12 proceedings, are not considered ex parte communications under
13 this Section.
14 (Source: P.A. 87-823.)
 
15     (5 ILCS 100/10-65)  (from Ch. 127, par. 1010-65)
16     Sec. 10-65. Licenses.
17     (a) When any licensing is required by law to be preceded by
18 notice and an opportunity for an administrative a hearing, the
19 provisions of this Act concerning contested cases shall apply.
20     (b) When a licensee has made timely and sufficient
21 application for the renewal of a license or a new license with
22 reference to any activity of a continuing nature, the existing
23 license shall continue in full force and effect until the final
24 agency decision on the application has been made unless a later
25 date is fixed by order of a reviewing court.

 

 

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1     (c) Except as provided in Section 1-27 of the Department of
2 Natural Resources Act, an application for the renewal of a
3 license or a new license shall include the applicant's social
4 security number. Each agency shall require the licensee to
5 certify on the application form, under penalty of perjury, that
6 he or she is not more than 30 days delinquent in complying with
7 a child support order. Every application shall state that
8 failure to so certify shall result in disciplinary action, and
9 that making a false statement may subject the licensee to
10 contempt of court. The agency shall notify each applicant or
11 licensee who acknowledges a delinquency or who, contrary to his
12 or her certification, is found to be delinquent or who after
13 receiving notice, fails to comply with a subpoena or warrant
14 relating to a paternity or a child support proceeding, that the
15 agency intends to take disciplinary action. Accordingly, the
16 agency shall provide written notice of the facts or conduct
17 upon which the agency will rely to support its proposed action
18 and the applicant or licensee shall be given an opportunity for
19 an administrative a hearing in accordance with the provisions
20 of the Act concerning contested cases. Any delinquency in
21 complying with a child support order can be remedied by
22 arranging for payment of past due and current support. Any
23 failure to comply with a subpoena or warrant relating to a
24 paternity or child support proceeding can be remedied by
25 complying with the subpoena or warrant. Upon a final finding of
26 delinquency or failure to comply with a subpoena or warrant,

 

 

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1 the agency shall suspend, revoke, or refuse to issue or renew
2 the license. In cases in which the Department of Healthcare and
3 Family Services (formerly Department of Public Aid) has
4 previously determined that an applicant or a licensee is more
5 than 30 days delinquent in the payment of child support and has
6 subsequently certified the delinquency to the licensing
7 agency, and in cases in which a court has previously determined
8 that an applicant or licensee has been in violation of the
9 Non-Support Punishment Act for more than 60 days, the licensing
10 agency shall refuse to issue or renew or shall revoke or
11 suspend that person's license based solely upon the
12 certification of delinquency made by the Department of
13 Healthcare and Family Services (formerly Department of Public
14 Aid) or the certification of violation made by the court.
15 Further process, hearings, or redetermination of the
16 delinquency or violation by the licensing agency shall not be
17 required. The licensing agency may issue or renew a license if
18 the licensee has arranged for payment of past and current child
19 support obligations in a manner satisfactory to the Department
20 of Healthcare and Family Services (formerly Department of
21 Public Aid) or the court. The licensing agency may impose
22 conditions, restrictions, or disciplinary action upon that
23 license.
24     (d) Except as provided in subsection (c), no agency shall
25 revoke, suspend, annul, withdraw, amend materially, or refuse
26 to renew any valid license without first giving written notice

 

 

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1 to the licensee of the facts or conduct upon which the agency
2 will rely to support its proposed action and an opportunity for
3 an administrative a hearing in accordance with the provisions
4 of this Act concerning contested cases. At the administrative
5 hearing, the licensee shall have the right to show compliance
6 with all lawful requirements for the retention, continuation,
7 or renewal of the license. If, however, the agency finds that
8 the public interest, safety, or welfare imperatively requires
9 emergency action, and if the agency incorporates a finding to
10 that effect in its order, summary suspension of a license may
11 be ordered pending proceedings for revocation or other action.
12 Those proceedings shall be promptly instituted and determined.
13     (e) Any application for renewal of a license that contains
14 required and relevant information, data, material, or
15 circumstances that were not contained in an application for the
16 existing license shall be subject to the provisions of
17 subsection (a).
18 (Source: P.A. 94-40, eff. 1-1-06; revised 12-15-05.)
 
19     (5 ILCS 100/Art. 12 heading new)
20
ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS

 
21     (5 ILCS 100/12-5 new)
22     Sec. 12-5. Applicability. This Article applies to all
23 agencies under the jurisdiction of the Governor other than the
24 following:

 

 

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1     (a) Illinois Labor Relations Boards created under the
2 Illinois Public Labor Relations Act;
3     (b) Illinois Educational Labor Relations Board;
4     (c) Illinois Commerce Commission;
5     (d) Illinois Workers' Compensation Commission;
6     (e) Civil Service Commission;
7     (f) Pollution Control Board;
8     (g) Illinois State Police Merit Board;
9     (h) Property Tax Appeal Board;
10     (i) Human Rights Commission; and
11     (j) State Board of Elections.
 
12     (5 ILCS 100/12-10 new)
13     Sec. 12-10. Office of Administrative Hearings.
14     (a) The Office of Administrative Hearings, hereinafter
15 referred to as the Office, is established for the purpose of
16 improving public trust and confidence in administrative
17 adjudication by:
18         (1) separating the adjudicatory function from the
19     investigatory, prosecutory, and policy-making functions of
20     agencies in the executive branch;
21         (2) establishing a professional corp of administrative
22     law judges;
23         (3) establishing greater uniformity in the rules of
24     procedure and evidence in administrative adjudication; and
25         (4) eliminating unnecessary and duplicative costs in

 

 

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1     administrative adjudication.
2     (b) The Office is an independent State agency in the
3 executive branch and is responsible for conducting
4 administrative hearings in accordance with the legislative
5 intent expressed by this Act.
6     (c) The Office is under the administration, supervision,
7 and direction of a Chief Administrative Law Judge, appointed by
8 the Governor, by and with the advice and consent of the Senate.
9 The Chief Administrative Law Judge, as a condition of
10 appointment, must have been admitted to practice law in the
11 State of Illinois for at least 10 years, must have substantial
12 knowledge and experience suitable to the duties of the Office,
13 and may be removed only for good cause following notice and an
14 opportunity for an adjudicative hearing.
15     (d) The Chief Administrative Law Judge must maintain his or
16 her principal office in Springfield and may maintain any other
17 offices that may be necessary.
18     (e) The Office may purchase or lease any equipment and
19 supplies that may be necessary to carry out its duties and must
20 maintain records and files of the work of the Office.
21     (f) The Office of Administrative Hearings by and through
22 the Chief Administrative Law Judge and any Administrative Law
23 Judge under this Article is empowered to subpoena and bring
24 before it, him, or her any person in this State and to take
25 testimony, in person or by telephone, upon payment of the same
26 fees, and in the same manner as is prescribed by law for

 

 

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1 judicial proceedings in civil cases in the courts of this
2 State. The term "Administrative Law Judge" as used in this
3 Article means an administrative law judge as defined in 5 ILCS
4 100/1-15 who is an employee of the Office.
5     (g) The Office may enter into an interagency agreement with
6 any agency to furnish administrative law judges to conduct
7 administrative hearings not otherwise required to be conducted
8 by the Office. The Office may also enter into an agreement with
9 a unit of local government or school district to furnish
10 administrative law judges to conduct administrative hearings.
11     (h) Any finding, determination, ruling or order issued as
12 result of any hearing conducted for any public entity subject
13 to or contracted for under this Article shall have the same
14 status and be subject to the same conditions and limitations as
15 if conducted by that public entity. That entity shall remain
16 the proper party named and served in any action in
17 administrative review under the provisions of the
18 Administrative Review Law or other review or appeal provision
19 provided by law.
20     (i) The Office must develop and institute a program of
21 continuing education and training for administrative law
22 judges and may permit administrative law judges and hearing
23 examiners employed by other agencies to participate in its
24 program. The Office shall also develop and implement a code of
25 professional conduct for its administrative law judges,
26 incorporating the provisions of the Rules of Judicial Conduct

 

 

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1 whenever possible. The Office may develop and institute other
2 educational programs in the area of administrative law and
3 procedure for the benefit of State employees and those who
4 participate in administrative hearings.
 
5     (5 ILCS 100/12-15 new)
6     Sec. 12-15. Term of office and salary.
7     (a) The Chief Administrative Law Judge shall serve for a
8 term of 6 years, provided that he or she shall hold office
9 until a successor is appointed.
10     (b) The Chief Administrative Law Judge shall receive an
11 annual salary as set by the Governor of Illinois from time to
12 time or the amount established by the Compensation Review
13 Board, whichever is greater.
 
14     (5 ILCS 100/12-20 new)
15     Sec. 12-20. Oath. Each prospective Chief Administrative
16 Law Judge, before taking office, must take and subscribe to the
17 oath or affirmation prescribed by Section 3 of Article XIII of
18 the Illinois Constitution, an executed copy of which must be
19 filed with the Secretary of State.
 
20     (5 ILCS 100/12-25 new)
21     Sec. 12-25. Powers and Duties of the Chief Administrative
22 Law Judge. The Chief Administrative Law Judge has the following
23 powers and duties:

 

 

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1     (a) The Chief Administrative Law Judge may employ
2 Administrative Law Judges that are necessary to carry out the
3 purposes of this Article.
4     (b) Administrative Law Judges and their immediate
5 supervisors shall be subject to Jurisdiction A, B, and C of the
6 Personnel Code, except that provisions contained in 20 ILCS
7 415/8b.18 and 19 shall not apply.
8     (c) Except as otherwise provided in Section 12-40 of this
9 Article, an Administrative Law Judge must have been admitted to
10 practice as an attorney in this State for at least 5 years and
11 must have a demonstrated knowledge of and experience in
12 administrative law and procedure that is suitable to the duties
13 of the Office. Supervisors of Administrative Law Judges must be
14 experienced administrative law judges.
15     (d) The Chief Administrative Law Judge may contract for the
16 services of an attorney to serve as a special administrative
17 law judge when necessary.
18     (e) The Chief Administrative Law Judge must adopt a code of
19 conduct and rules concerning the discipline and termination of
20 Office Administrative Law Judges and the resolution of
21 grievances, subject to any collective bargaining agreement.
22     (f) The Chief Administrative Law Judge may employ and
23 direct other staff, including administrative, supervisory,
24 clerical, and other specialized or technical personnel that may
25 be necessary to carry out the purposes of this Article.
26     (g) The Chief Administrative Law Judge must assign an

 

 

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1 administrative law judge for any proceeding that is required by
2 this Article to be conducted by the Office and for any
3 proceeding for which the Office has agreed to furnish an
4 administrative law judge as provided in Section 12-10 of this
5 Act.
6     (h) Any administrative law judge so assigned does not
7 become an employee of the agency during the assignment and is
8 not subject to the direction or the supervision of the agency
9 to whose proceeding the administrative law judge has been
10 assigned.
11     (i) In assigning administrative law judges, the Chief
12 Administrative Law Judge must, when possible, use personnel
13 having knowledge, training, or experience in the field or
14 subject matter of the hearing and assign administrative law
15 judges primarily to the hearings of particular agencies on a
16 long-term basis. The Chief Administrative Law Judge may act as
17 an administrative law judge in a particular case when
18 appropriate under law.
19     (j) The Chief Administrative Law Judge shall adopt uniform
20 rules of procedure and evidence governing hearings conducted by
21 the Office of Administrative Hearings. Rules adopted by the
22 Chief Administrative Law Judge shall supersede any contrary
23 rules adopted by agencies subject to this Article except to the
24 extent required by federal law or State statute. The Chief
25 Administrative Law Judge may adopt such additional rules as
26 necessary to carry out the powers and duties of the Office of

 

 

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1 Administrative Hearings.
2      (k) The Chief Administrative Law Judge must:
3         (1) annually collect information on administrative law
4     and procedure in Illinois and must study administrative law
5     and procedure for the purpose of improving the fairness,
6     efficiency, and uniformity of administrative adjudicatory
7     proceedings in Illinois;
8         (2) monitor the quality and cost of State
9     administrative hearings; and
10         (3) annually report his or her findings and
11     recommendations to the Governor and to the General Assembly
12     no later than March 15 of each year.
 
13     (5 ILCS 100/12-30 new)
14     Sec. 12-30. Proceedings. Beginning on January 1, 2009, an
15 administrative law judge of the Office shall preside over any
16 administrative hearing of any agency subject to this Article,
17 except that an administrative hearing in a contested case
18 commenced before January 1, 2009 and pending before an
19 administrative law judge not transferred to the Office of
20 Administrative Hearings by operation of Section 12-40 of this
21 Article shall not be heard by an administrative law judge of
22 the Office without the agreement of the parties.
 
23     (5 ILCS 100/12-35 new)
24     Sec. 12-35. Administrative Hearing Procedures.

 

 

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1     (a) Time and place of hearing. The Office must consult the
2 agency and determine the place and the time of commencement of
3 the administrative hearing.
4     (b) Powers of administrative law judge. The administrative
5 law judge presides at the administrative hearing and may:
6         (1) administer oaths and affirmations;
7         (2) rule on offers of proof and receive relevant
8     evidence;
9         (3) regulate the schedule and the course of the
10     hearing;
11         (4) dispose of procedural requests or similar matters;
12         (5) sign and issue subpoenas in the name of the agency
13     requiring attendance and giving of testimony by witnesses
14     and the production of books, papers, and other documentary
15     evidence;
16         (6) exercise any other powers relating to the conduct
17     of the administrative hearing that are lawfully delegated
18     to him or her by the agency or by the examining, advisory,
19     or disciplinary board. Whenever, after an agency head or an
20     examining, advisory, or disciplinary board has commenced
21     hearing a case with an administrative law judge presiding,
22     a quorum no longer exists, the administrate law judge who
23     is presiding must complete the hearing as if sitting alone
24     and must render a proposed decision in accordance with
25     subsection (e) of this Section; and
26         (7) perform other necessary and appropriate acts in the

 

 

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1     performance of his or her duties.
2     (c) Disqualifications.
3         (1) Administrative Law Judges shall be assigned to
4     hearings in accordance with the procedures set forth by the
5     Chief Administrative Law Judge. No agency may select any
6     individual administrative law judge for any proceeding or
7     reject any individual administrative law judge. In cases
8     where the agency is a party to the hearing, it shall have
9     all rights and privileges and be subject to the same
10     limitations as all other parties to the hearing.
11         (2) An administrative law judge of the Office must
12     voluntarily disqualify himself or herself and withdraw
13     from any case for bias, prejudice, interest, or any other
14     cause for which, under the laws of this State, a State
15     court judge is disqualified from hearing a particular case.
16     An administrative law judge should perform the duties of
17     the Office impartially and diligently.
18         (3) Any party may petition for the disqualification of
19     any administrative law judge by filing an affidavit stating
20     with particularity the grounds upon which it is claimed
21     that a fair and impartial hearing cannot be accorded. The
22     affidavit must be filed before the taking of evidence or,
23     if evidence has already been taken, promptly upon
24     discovering facts establishing grounds for
25     disqualification.
26         (4) The administrative law judge whose

 

 

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1     disqualification is requested shall determine whether to
2     grant the petition, stating facts and reasons for the
3     determination.
4         (5) If an administrative law judge becomes unavailable
5     as a result of recusal or any other reasons, the Chief
6     Administrative Law Judge must assign another
7     administrative law judge to preside at the administrative
8     hearing.
9     (d) Ex parte communications. Except in disposition of
10 matters that are authorized by law to be disposed of on an ex
11 parte basis, no administrative law judge of the Office may,
12 after notice of an administrative hearing in a contested case,
13 communicate, directly or indirectly, in connection with any
14 issue of fact, with any person or party, or in connection with
15 any other issue with any party or his or her representative,
16 without notice and opportunity for all parties to participate.
17 An administrative law judge, however, may communicate with
18 other employees of the Office. No member of the Office may
19 communicate regarding pending matters to any member of an
20 agency or of an examining, advisory, or disciplinary board if
21 the agency or board is hearing the case with the administrative
22 law judge. An administrative law judge may have the aid and
23 advice of one or more assistants.
24     (e) Proposed decisions. When a majority of the members of
25 an agency or of an examining, advisory, or disciplinary board
26 has not heard a case with the administrative law judge, any

 

 

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1 proposed decision prepared by an administrative law judge of
2 the Office is subject to this subsection (e) and Section 10-45
3 of this Act.
4         (1) When an administrative law judge hears a case
5     alone, he or she must prepare a decision. The
6     administrative law judge must submit the decision to the
7     agency or, in the case of proceedings that an examining,
8     advisory, or disciplinary board is authorized by an Act to
9     hear and make a recommended decision, to the examining,
10     advisory, or disciplinary board.
11         (2) When an administrative law judge hears a case with
12     an agency head or with an examining, advisory, or
13     disciplinary board, the administrative law judge must be
14     present during the consideration of the case and must, if
15     requested by the agency or by the board, prepare a proposed
16     decision and submit it to the agency or board.
17         (3) In reviewing a proposed decision submitted by an
18     administrative law judge of the Office, an agency head or
19     an examining, advisory, or disciplinary board is not bound
20     by the proposed decision and may adopt all, some, or none
21     of the proposed decision as its recommended decision. If
22     the agency head or examining, advisory, or disciplinary
23     board does not adopt the proposed decision in its entirety,
24     it must either (i) recommend a decision in the case based
25     upon the record, including transcript, or (ii) remand the
26     case to the same administrative law judge to take

 

 

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1     additional evidence.
2         (4) If a case has been remanded to an administrative
3     law judge to take additional evidence or to include more
4     detailed findings of fact or conclusions of law, the
5     administrative law judge must prepare a proposed decision
6     upon the additional evidence and upon the transcript and
7     other papers that are part of the record of the prior
8     hearing and must submit the proposed decision to the agency
9     or to the examining, advisory, or disciplinary board. If
10     the administrative law judge who heard the case originally
11     is unavailable to take the additional evidence, by reason
12     of illness or other disability or because he or she is no
13     longer employed by the Office, the Chief Administrative Law
14     Judge must assign a different administrative law judge to
15     take the additional evidence.
 
16     (5 ILCS 100/12-40 new)
17     Sec. 12-40. Transition.
18     (a) The Governor must appoint a Chief Administrative Law
19 Judge to take office on July 1, 2008.
20     (b) No later than July 1, 2008, each agency must provide to
21 the Chief Administrative Law Judge all relevant information
22 concerning hearings, number of hearings, personnel used as
23 hearing officers and support staff, and actual expenditures for
24 contracted hearing officer services, equipment, and travel.
25     (c) All full-time administrative law judges used

 

 

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1 principally to preside over administrative hearings conducted
2 by an agency subject to the provisions of this Act for at least
3 one year before July 1, 2008 must be administratively
4 transferred to the Office no later than January 1, 2009.
5     (d) All full-time employees who have principally served as
6 support staff of those employees transferred under subsection
7 (c) of this Section must be administratively transferred to the
8 Office no later than January 1, 2009.
9     (e) All equipment or other tangible property, in possession
10 of agencies, used or held principally by personnel transferred
11 under this Section must be transferred to the Office not later
12 than January 1, 2009, unless the head of the agency and the
13 Chief Administrative Law Judge determine that the equipment or
14 property will be more efficiently used by the agency if not
15 transferred.
 
16     Section 10. The Personnel Code is amended by changing
17 Section 4c as follows:
 
18     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
19     Sec. 4c. General exemptions. The following positions in
20 State service shall be exempt from jurisdictions A, B, and C,
21 unless the jurisdictions shall be extended as provided in this
22 Act:
23         (1) All officers elected by the people.
24         (2) All positions under the Lieutenant Governor,

 

 

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1     Secretary of State, State Treasurer, State Comptroller,
2     State Board of Education, Clerk of the Supreme Court,
3     Attorney General, and State Board of Elections.
4         (3) Judges, and officers and employees of the courts,
5     and notaries public.
6         (4) All officers and employees of the Illinois General
7     Assembly, all employees of legislative commissions, all
8     officers and employees of the Illinois Legislative
9     Reference Bureau, the Legislative Research Unit, and the
10     Legislative Printing Unit.
11         (5) All positions in the Illinois National Guard and
12     Illinois State Guard, paid from federal funds or positions
13     in the State Military Service filled by enlistment and paid
14     from State funds.
15         (6) All employees of the Governor at the executive
16     mansion and on his immediate personal staff.
17         (7) Directors of Departments, the Adjutant General,
18     the Assistant Adjutant General, the Director of the
19     Illinois Emergency Management Agency, members of boards
20     and commissions, and all other positions appointed by the
21     Governor by and with the consent of the Senate.
22         (8) The presidents, other principal administrative
23     officers, and teaching, research and extension faculties
24     of Chicago State University, Eastern Illinois University,
25     Governors State University, Illinois State University,
26     Northeastern Illinois University, Northern Illinois

 

 

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1     University, Western Illinois University, the Illinois
2     Community College Board, Southern Illinois University,
3     Illinois Board of Higher Education, University of
4     Illinois, State Universities Civil Service System,
5     University Retirement System of Illinois, and the
6     administrative officers and scientific and technical staff
7     of the Illinois State Museum.
8         (9) All other employees except the presidents, other
9     principal administrative officers, and teaching, research
10     and extension faculties of the universities under the
11     jurisdiction of the Board of Regents and the colleges and
12     universities under the jurisdiction of the Board of
13     Governors of State Colleges and Universities, Illinois
14     Community College Board, Southern Illinois University,
15     Illinois Board of Higher Education, Board of Governors of
16     State Colleges and Universities, the Board of Regents,
17     University of Illinois, State Universities Civil Service
18     System, University Retirement System of Illinois, so long
19     as these are subject to the provisions of the State
20     Universities Civil Service Act.
21         (10) The State Police so long as they are subject to
22     the merit provisions of the State Police Act.
23         (11) The scientific staff of the State Scientific
24     Surveys and the Waste Management and Research Center.
25         (12) The technical and engineering staffs of the
26     Department of Transportation, the Department of Nuclear

 

 

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1     Safety, the Pollution Control Board, and the Illinois
2     Commerce Commission, and the technical and engineering
3     staff providing architectural and engineering services in
4     the Department of Central Management Services.
5         (13) All employees of the Illinois State Toll Highway
6     Authority.
7         (14) The Secretary of the Illinois Workers'
8     Compensation Commission.
9         (15) All persons who are appointed or employed by the
10     Director of Insurance under authority of Section 202 of the
11     Illinois Insurance Code to assist the Director of Insurance
12     in discharging his responsibilities relating to the
13     rehabilitation, liquidation, conservation, and dissolution
14     of companies that are subject to the jurisdiction of the
15     Illinois Insurance Code.
16         (16) All employees of the St. Louis Metropolitan Area
17     Airport Authority.
18         (17) All investment officers employed by the Illinois
19     State Board of Investment.
20         (18) Employees of the Illinois Young Adult
21     Conservation Corps program, administered by the Illinois
22     Department of Natural Resources, authorized grantee under
23     Title VIII of the Comprehensive Employment and Training Act
24     of 1973, 29 USC 993.
25         (19) Seasonal employees of the Department of
26     Agriculture for the operation of the Illinois State Fair

 

 

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1     and the DuQuoin State Fair, no one person receiving more
2     than 29 days of such employment in any calendar year.
3         (20) All "temporary" employees hired under the
4     Department of Natural Resources' Illinois Conservation
5     Service, a youth employment program that hires young people
6     to work in State parks for a period of one year or less.
7         (21) All hearing officers of the Human Rights
8     Commission.
9         (22) All employees of the Illinois Mathematics and
10     Science Academy.
11         (23) All employees of the Kankakee River Valley Area
12     Airport Authority.
13         (24) The commissioners and employees of the Executive
14     Ethics Commission.
15         (25) The Executive Inspectors General, including
16     special Executive Inspectors General, and employees of
17     each Office of an Executive Inspector General.
18         (26) The commissioners and employees of the
19     Legislative Ethics Commission.
20         (27) The Legislative Inspector General, including
21     special Legislative Inspectors General, and employees of
22     the Office of the Legislative Inspector General.
23         (28) The Auditor General's Inspector General and
24     employees of the Office of the Auditor General's Inspector
25     General.
26         (29) All employees of the Office of Administrative

 

 

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1     Hearings.
2 (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
3 93-1091, eff. 3-29-05.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 100/1-5 from Ch. 127, par. 1001-5
4     5 ILCS 100/1-13 new
5     5 ILCS 100/1-15 from Ch. 127, par. 1001-15
6     5 ILCS 100/1-30 from Ch. 127, par. 1001-30
7     5 ILCS 100/10-3 new
8     5 ILCS 100/10-5 from Ch. 127, par. 1010-5
9     5 ILCS 100/10-15 from Ch. 127, par. 1010-15
10     5 ILCS 100/10-20 from Ch. 127, par. 1010-20
11     5 ILCS 100/10-25 from Ch. 127, par. 1010-25
12     5 ILCS 100/10-45 from Ch. 127, par. 1010-45
13     5 ILCS 100/10-50 from Ch. 127, par. 1010-50
14     5 ILCS 100/10-60 from Ch. 127, par. 1010-60
15     5 ILCS 100/10-65 from Ch. 127, par. 1010-65
16     5 ILCS 100/Art. 12 heading
17     new
18     5 ILCS 100/12-5 new
19     5 ILCS 100/12-10 new
20     5 ILCS 100/12-15 new
21     5 ILCS 100/12-20 new
22     5 ILCS 100/12-25 new
23     5 ILCS 100/12-30 new
24     5 ILCS 100/12-35 new
25     5 ILCS 100/12-40 new

 

 

SB0058 - 33 - LRB095 03623 JAM 23645 b

1     20 ILCS 415/4c from Ch. 127, par. 63b104c