91st General Assembly
Summary of SB0113
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Senate Sponsors:
DILLARD.

House Sponsors:
WINKEL

Short description: 
ADMIN HEARINGS OFFICE                                                      

Synopsis of Bill as introduced:
        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.  Provides for the appointment of a Chief  Administrative      
   Law  Judge  by the Governor with the advise and consent of the Senate.      
   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  Illinois  Public   Labor      
   Relations  Act  to  exempt  administrative  law judges employed by the      
   office from the provisions of the Act.  Amends the Personnel  Code  to      
   exempt  employees  of  the  office  from  the  provisions of the Code.      
   Effective immediately.                                                      
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          5 ILCS 100/10-30                                                     
          5 ILCS 315/3                                                         
          Adds reference to:                                                   
          5 ILCS 100/1-5                  from Ch. 127, par. 1001-5            
          5 ILCS 100/1-13 new                                                  
          5 ILCS 100/1-15                 from Ch. 127, par. 1001-15           
          5 ILCS 100/1-30                 from Ch. 127, par. 1001-30           
          5 ILCS 100/10-5                 from Ch. 127, par. 1010-5            
          5 ILCS 100/10-15                from Ch. 127, par. 1010-15           
          5 ILCS 100/10-25                from Ch. 127, par. 1010-25           
          5 ILCS 100/10-45                from Ch. 127, par. 1010-45           
          5 ILCS 100/10-50                from Ch. 127, par. 1010-50           
          5 ILCS 100/10-60                from Ch. 127, par. 1010-60           
          5 ILCS 100/10-65                from Ch. 127, par. 1010-65           
        Further  amends  the  Illinois  Administrative   Procedure   Act.      
   Defines "administrative hearing". Deletes a provision that the Article      
   concerning  the  Office  of  Administrative  Hearings  applies  to all      
   proceedings that commence on or after January 1, 2000.  Provides  that      
   administrative  law judges must be full-time or part-time employees of      
   the Office (now, administrative law judges must be full-time employees      
   of the Office).  Provides that the Chief Administrative Law Judge  may      
   contract for the services of an attorney to serve as an administrative      
   law  judge  for  a  specific  case when necessary because of a lack of      
   available  employees  with  the  expertise  required   to   handle   a      
   specialized  contested  case.   Provides that the Chief Administrative      
   Law Judge may employ persons who are not attorneys  as  administrative      
   law  judges if (i) those persons are transferred to the Office or (ii)      
   those persons have the required knowledge of  administrative  law  and      
   specialized  subject-matter  expertise.   Provides  that  beginning on      
   January 1, 2001, an administrative  law  judge  of  the  Office  shall      
   preside  over  any  administrative  hearings,  except  for hearings in      
   contested cases commenced prior to January 1, 2001 and  pending before      
   an administrative law judge who has not been transferred to the Office      
   unless  the  parties agree to a hearing by an administrative law judge      
   of the Office.  Deletes a provision that administrative law judges are      
   not subject to the Illinois Public Labor Relations Act.  Increases the      
   transition period by one year.  Makes technical changes.  Deletes  the      
   provisions amending the Illinois Public Labor Relations Act.                
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 




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