Full Text of HB4372 99th General Assembly
HB4372eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 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 10-25 and 10-50 as follows:
| 6 | | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| 7 | | Sec. 10-25. Contested cases; notice; hearing.
| 8 | | (a) In a contested case, all parties shall be afforded an | 9 | | opportunity for
a hearing after reasonable notice. The notice | 10 | | shall be served personally
or by certified or registered mail | 11 | | or by electronic mail if agreed to by the parties or as | 12 | | otherwise provided by law upon the
parties or their agents | 13 | | appointed to receive service of process and shall
include the | 14 | | following:
| 15 | | (1) A statement of the time, place, and nature of the
| 16 | | hearing.
| 17 | | (2) A statement of the legal authority and jurisdiction | 18 | | under
which the hearing is to be held.
| 19 | | (3) A reference to the particular Sections of the | 20 | | substantive and
procedural statutes and
rules involved.
| 21 | | (4) Except where a more detailed statement is otherwise | 22 | | provided
for by law, a short and plain statement of the | 23 | | matters asserted, the
consequences of a failure to respond, |
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| 1 | | and the official file or other
reference number.
| 2 | | (5) The names and mailing addresses of the | 3 | | administrative law judge,
all parties, and all other | 4 | | persons to whom the agency gives notice of the
hearing | 5 | | unless otherwise confidential by law.
| 6 | | (b) An opportunity shall be afforded all parties to be | 7 | | represented by
legal counsel and to respond and present | 8 | | evidence and argument.
| 9 | | (c) Unless precluded by law, disposition may be made of any | 10 | | contested
case by stipulation, agreed settlement, consent | 11 | | order, or default.
| 12 | | (Source: P.A. 87-823 .)
| 13 | | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| 14 | | Sec. 10-50. Decisions and orders.
| 15 | | (a) A final decision or order adverse to a party (other | 16 | | than the agency)
in a contested case shall be in writing or | 17 | | stated in the record. A final
decision shall include findings | 18 | | of fact and conclusions of law, separately
stated. Findings of | 19 | | fact, if set forth in statutory language, shall be
accompanied | 20 | | by a concise and explicit statement of the underlying facts
| 21 | | supporting the findings. If, in accordance with agency rules, a | 22 | | party
submitted proposed findings of fact, the decision shall | 23 | | include a ruling
upon each proposed finding. Parties or their | 24 | | agents appointed to receive
service of process shall be | 25 | | notified either personally or by registered or
certified mail |
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| 1 | | of any decision or order. Upon request a copy of the
decision | 2 | | or order shall be delivered or mailed forthwith to each party | 3 | | and
to his attorney of record.
| 4 | | (b) All agency orders shall specify whether they are final | 5 | | and subject
to the Administrative Review Law. Every final order | 6 | | shall contain a list of all parties of record to the case | 7 | | including the name and address of the agency or officer | 8 | | entering the order and the addresses of each party as known to | 9 | | the agency where the parties may be served with pleadings, | 10 | | notices, or service of process for any review or further | 11 | | proceedings. Every final order shall also state whether the | 12 | | rules of the agency require any motion or request for | 13 | | reconsideration to make the decision reviewable under the | 14 | | Administrative Review Law and shall cite the rule for the | 15 | | requirement. The changes made by this amendatory Act of the | 16 | | 99th General Assembly apply to all actions filed under the | 17 | | Administrative Review Law on or after the effective date of | 18 | | this amendatory Act of the 99th General Assembly.
| 19 | | (c) A decision by any agency in a contested case under this | 20 | | Act shall be
void unless the proceedings are conducted in | 21 | | compliance with the provisions
of this Act relating to | 22 | | contested cases, except to the extent those provisions
are | 23 | | waived under Section 10-70 and except to the extent the
agency | 24 | | has adopted its own rules for contested cases as authorized in | 25 | | Section
1-5.
| 26 | | (Source: P.A. 92-16, eff. 6-28-01.)
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| 1 | | Section 10. The Code of Civil Procedure is amended by | 2 | | changing Sections 3-102, 3-107, and 3-111 as follows:
| 3 | | (735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
| 4 | | Sec. 3-102. Scope of Article. Article III of this Act shall | 5 | | apply to and
govern every action to review judicially a final | 6 | | decision of any administrative
agency where the Act creating or | 7 | | conferring power on such agency, by express
reference, adopts | 8 | | the provisions of Article III of this Act or its predecessor,
| 9 | | the Administrative Review Act. This Article shall be known as | 10 | | the
"Administrative Review Law". In all such cases, any other | 11 | | statutory, equitable
or common law mode of review of decisions | 12 | | of administrative agencies heretofore
available shall not | 13 | | hereafter be employed.
| 14 | | Unless review is sought of an administrative decision | 15 | | within the time
and in the manner herein provided, the parties | 16 | | to the proceeding before
the administrative agency shall be | 17 | | barred from obtaining judicial review
of such administrative | 18 | | decision. In an action to review any final
decision of any | 19 | | administrative agency brought under Article III, if a
judgment | 20 | | is reversed or entered against the plaintiff, or the action is
| 21 | | voluntarily dismissed by the plaintiff, or the action is | 22 | | dismissed for want
of prosecution, or the action is dismissed | 23 | | by a United States District
Court for lack of jurisdiction, | 24 | | neither the plaintiff nor his or her heirs,
executors, or |
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| 1 | | administrators may commence a new action within one year or
| 2 | | within the remaining period of limitation, whichever is | 3 | | greater. All
proceedings in the court for revision of such | 4 | | final decision shall terminate
upon the date of the entry of | 5 | | any Order under either Section 2-1009 or
Section 13-217. Such | 6 | | Order shall cause the final administrative decision of
any | 7 | | administrative agency to become immediately enforceable. If | 8 | | under the
terms of the Act governing the procedure before an | 9 | | administrative agency an
administrative decision has become | 10 | | final because of the failure to file any
document in the nature | 11 | | of objections, protests, petition for hearing or
application | 12 | | for administrative review within the time allowed by such Act, | 13 | | such
decision shall not be subject to judicial review hereunder | 14 | | excepting only for
the purpose of questioning the jurisdiction | 15 | | of the administrative agency over
the person or subject matter.
| 16 | | This Article shall be liberally construed in the interests | 17 | | of justice to grant an orderly method of judicial review of | 18 | | administrative agency decisions. | 19 | | The changes made by this amendatory Act of the 99th General | 20 | | Assembly apply to all actions filed on or after the effective | 21 | | date of this amendatory Act of the 99th General Assembly. | 22 | | (Source: P.A. 88-1.)
| 23 | | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
| 24 | | Sec. 3-107. Defendants.
| 25 | | (a) Except as provided in subsection (b) or (c), in any |
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| 1 | | action to review any final
decision of an administrative | 2 | | agency, the administrative agency and all
persons, other than | 3 | | the plaintiff, who were parties of record to the
proceedings | 4 | | before the
administrative agency shall be made defendants. The | 5 | | method of service of the decision shall be as provided in the | 6 | | Act governing the procedure before the administrative agency, | 7 | | but if no method is provided, a decision shall be deemed to | 8 | | have been served either when a copy of the decision is | 9 | | personally delivered or when a copy of the decision is | 10 | | deposited in the United States mail, in a sealed envelope or | 11 | | package, with postage prepaid, addressed to the party affected | 12 | | by the decision at his or her last known residence or place of | 13 | | business. The form of the summons and the issuance of alias | 14 | | summons shall be according to rules of the Supreme Court.
| 15 | | No action for administrative review shall be dismissed for | 16 | | lack of
jurisdiction : (1) based upon the misnomer of an agency, | 17 | | board, commission, or party who is properly served with summons | 18 | | that was issued in the action within the applicable time | 19 | | limits; or (2) for a the failure to name an employee, agent, or | 20 | | member, who
acted in his or her official capacity, of an | 21 | | administrative agency, board,
committee, or government entity , | 22 | | where a timely action for administrative review has been filed | 23 | | that identifies the final administrative decision under review | 24 | | and that makes a good faith effort to properly name the | 25 | | administrative agency the administrative agency, board,
| 26 | | committee, or government entity, has been named as a defendant |
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| 1 | | as provided in
this Section . Naming the director or agency | 2 | | head, in his or her official
capacity, shall be deemed to | 3 | | include as defendant the administrative agency,
board, | 4 | | committee, or government entity that the named defendants | 5 | | direct or
head. No action for administrative review shall be | 6 | | dismissed for lack of
jurisdiction based upon the failure to | 7 | | name an administrative agency, board,
committee, or government | 8 | | entity, where the director or agency head, in his or
her | 9 | | official capacity, has been named as a defendant as provided in | 10 | | this
Section.
| 11 | | If, during the course of a review action, the court | 12 | | determines that an agency or a party
of record to the | 13 | | administrative proceedings was not made a defendant as
required | 14 | | by the preceding paragraph, then the
court shall grant the | 15 | | plaintiff 35 days from the date of the determination in
which | 16 | | to name and serve the unnamed agency or party as a defendant. | 17 | | The court shall
permit the newly served defendant to | 18 | | participate in the proceedings to the
extent the interests of | 19 | | justice may require.
| 20 | | (b) With respect to actions to review decisions of a zoning | 21 | | board of
appeals in a municipality with a population of 500,000 | 22 | | or more inhabitants
under Division 13 of Article 11 of the | 23 | | Illinois Municipal Code, "parties of
record" means only the | 24 | | zoning board of appeals and applicants before the
zoning board | 25 | | of appeals. The plaintiff shall send a notice of filing of
the | 26 | | action by certified mail to each other person who appeared |
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| 1 | | before and
submitted oral testimony or written statements to | 2 | | the zoning board of
appeals with respect to the decision | 3 | | appealed from. The notice shall be
mailed within 2 days of the | 4 | | filing of the action. The notice shall state
the caption of the | 5 | | action, the court in which the action is filed, and the
names | 6 | | of the plaintiff in the action and the applicant to the zoning | 7 | | board
of appeals. The notice shall inform the person of his or | 8 | | her right to
intervene. Each person who appeared before and | 9 | | submitted oral testimony
or written statements to the zoning | 10 | | board of appeals with respect to the
decision appealed from | 11 | | shall have a right to intervene as a defendant in
the action | 12 | | upon application made to the court within 30 days of the | 13 | | mailing
of the notice.
| 14 | | (c) With respect to actions to review decisions of a | 15 | | hearing officer or a county zoning board of appeals under | 16 | | Division 5-12 of Article 5 of the Counties Code, "parties of | 17 | | record" means only the hearing officer or the zoning board of | 18 | | appeals and applicants before the hearing officer or the zoning | 19 | | board of appeals. The plaintiff shall send a notice of filing | 20 | | of the action by certified mail to each other person who | 21 | | appeared before and submitted oral testimony or written | 22 | | statements to the hearing officer or the zoning board of | 23 | | appeals with respect to the decision appealed from. The notice | 24 | | shall be mailed within 2 days of the filing of the action. The | 25 | | notice shall state the caption of the action, the court in | 26 | | which the action is filed, and the name of the plaintiff in the |
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| 1 | | action and the applicant to the hearing officer or the zoning | 2 | | board of appeals. The notice shall inform the person of his or | 3 | | her right to intervene. Each person who appeared before and | 4 | | submitted oral testimony or written statements to the hearing | 5 | | officer or the zoning board of appeals with respect to the | 6 | | decision appealed from shall have a right to intervene as a | 7 | | defendant in the action upon application made to the court | 8 | | within 30 days of the mailing of the notice. This subsection | 9 | | (c) applies to zoning proceedings commenced on or after the | 10 | | effective date of this amendatory Act of the 95th General | 11 | | Assembly.
| 12 | | (d) The changes to this Section made by this amendatory Act | 13 | | of the 95th General Assembly apply to all actions filed on or | 14 | | after the effective date of this amendatory Act of the 95th | 15 | | General Assembly. The changes made by this amendatory Act of | 16 | | the 99th General Assembly apply to all actions filed on or | 17 | | after the effective date of this amendatory Act of the 99th | 18 | | General Assembly. | 19 | | (Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
| 20 | | (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
| 21 | | Sec. 3-111. Powers of circuit court.
| 22 | | (a) The Circuit Court has power:
| 23 | | (1) with or without requiring bond (except if otherwise | 24 | | provided in
the particular statute under authority of which | 25 | | the administrative
decision was entered), and before or |
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| 1 | | after answer filed, upon notice to
the agency and good | 2 | | cause shown, to stay the decision of the
administrative | 3 | | agency in whole or in part pending the final disposition
of | 4 | | the case. For the purpose of this subsection, "good cause" | 5 | | requires the
applicant to show (i) that an immediate stay | 6 | | is required in order to preserve
the status quo without | 7 | | endangering the public, (ii) that it is not contrary to
| 8 | | public policy, and (iii) that there exists a reasonable | 9 | | likelihood of success
on the merits;
| 10 | | (2) to make any order that it deems proper for the | 11 | | amendment,
completion or filing of the record of | 12 | | proceedings of the administrative
agency;
| 13 | | (3) to allow substitution of parties by reason of | 14 | | marriage, death,
bankruptcy, assignment or other cause;
| 15 | | (4) to dismiss parties, to correct misnomers including | 16 | | any erroneous identification of the agency , to realign | 17 | | parties, or to join agencies or parties;
| 18 | | (5) to affirm or reverse the decision in whole or in | 19 | | part;
| 20 | | (6) where a hearing has been held by the agency, to | 21 | | reverse and
remand the decision in whole or in part, and, | 22 | | in that case, to
state the questions requiring further | 23 | | hearing or proceedings and to give such
other instructions | 24 | | as may be proper;
| 25 | | (7) where a hearing has been held by the agency, to | 26 | | remand for the
purpose of taking additional evidence when |
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| 1 | | from the state of the record
of the administrative agency | 2 | | or otherwise it shall appear that such
action is just. | 3 | | However, no remandment shall be made on the ground of
newly | 4 | | discovered evidence unless it appears to the satisfaction | 5 | | of the
court that such evidence has in fact been discovered | 6 | | subsequent to the
termination of the proceedings before the | 7 | | administrative agency and that
it could not by the exercise | 8 | | of reasonable diligence have been obtained
at such | 9 | | proceedings; and that such evidence is material to the | 10 | | issues
and is not cumulative;
| 11 | | (8) in case of affirmance or partial affirmance of an | 12 | | administrative
decision which requires the payment of | 13 | | money, to enter judgment for the
amount justified by the | 14 | | record and for costs, which judgment may be enforced
as | 15 | | other judgments for the recovery of money;
| 16 | | (9) when the particular statute under authority of | 17 | | which the
administrative decision was entered requires the | 18 | | plaintiff to file a
satisfactory bond and provides for the | 19 | | dismissal of the action for the
plaintiff's failure to | 20 | | comply with this requirement unless the court is
authorized | 21 | | by the particular statute to enter, and does enter, an | 22 | | order
imposing a lien upon the plaintiff's property, to | 23 | | take such proofs and
to enter such orders as may be | 24 | | appropriate to carry out the provisions
of the particular | 25 | | statute. However, the court shall not
approve the bond, nor | 26 | | enter an order for the lien, in any amount which
is less |
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| 1 | | than that prescribed by the particular statute under | 2 | | authority
of which the administrative decision was entered | 3 | | if the statute
provides what the minimum amount of the bond | 4 | | or lien shall be or
provides how said minimum amount shall | 5 | | be determined.
No such bond shall be approved by the court | 6 | | without notice
to, and an opportunity to be heard thereon | 7 | | by, the administrative agency
affected. The lien, created | 8 | | by the entry of a court
order in lieu of a bond, shall not | 9 | | apply to property exempted from the
lien by the particular | 10 | | statute under authority of which the
administrative | 11 | | decision was entered. The lien shall not be effective
| 12 | | against real property whose title is registered under the | 13 | | provisions of
the Registered Titles (Torrens) Act until
the | 14 | | provisions of Section 85 of that Act are complied with.
| 15 | | (b) Technical errors in the proceedings before the | 16 | | administrative
agency or its failure to observe the technical | 17 | | rules of evidence shall
not constitute grounds for the reversal | 18 | | of the administrative decision
unless it appears to the court | 19 | | that such error or failure
materially affected the rights of | 20 | | any party and resulted in substantial
injustice to him or her.
| 21 | | (c) On motion of either party, the circuit court shall make | 22 | | findings
of fact or state the propositions of law upon which | 23 | | its judgment is
based.
| 24 | | (d) The changes to this Section made by this amendatory Act | 25 | | of the 95th General Assembly apply to all actions filed on or | 26 | | after the effective date of this amendatory Act of the 95th |
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| 1 | | General Assembly. The changes made by this amendatory Act of | 2 | | the 99th General Assembly apply to all actions filed on or | 3 | | after the effective date of this amendatory Act of the 99th | 4 | | General Assembly. | 5 | | (Source: P.A. 95-831, eff. 8-14-08.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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