Bill Amendment: IL HB5172 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ADMIN HEARINGS-INTERPRETERS
Status: 2024-05-23 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB5172 Detail]
Download: Illinois-2023-HB5172-House_Amendment_001.html
Bill Title: ADMIN HEARINGS-INTERPRETERS
Status: 2024-05-23 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB5172 Detail]
Download: Illinois-2023-HB5172-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5172 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5172 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Sections 10-10, 10-25, and 10-70 and by | ||||||
6 | adding Section 10-25.1 as follows:
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7 | (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10) | ||||||
8 | Sec. 10-10. Components of rules. All agency rules | ||||||
9 | establishing procedures for contested cases shall at a minimum | ||||||
10 | comply with the provisions of this Article 10. In addition, | ||||||
11 | agency rules establishing procedures may include, but need not | ||||||
12 | be limited to, the following components: pre-hearing | ||||||
13 | conferences, representation interview or deposition | ||||||
14 | procedures, default procedures, selection of administrative | ||||||
15 | law judges, the form of the final order, the standard of proof | ||||||
16 | used, which agency official makes the final decision, |
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1 | representation of parties, procedures for requesting and | ||||||
2 | receiving language access services, subpoena request | ||||||
3 | procedures, discovery and protective order procedures, and any | ||||||
4 | review or appeal process within the agency. | ||||||
5 | (Source: P.A. 87-823.)
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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, by certified or registered mail, | ||||||
11 | by email as provided by Section 10-75, or as otherwise | ||||||
12 | provided by law upon the parties or their agents appointed to | ||||||
13 | receive service of process and shall include the following: | ||||||
14 | (1) A statement of the time, place, and nature of the | ||||||
15 | hearing. | ||||||
16 | (2) A statement of the legal authority and | ||||||
17 | jurisdiction under which the hearing is to be held. | ||||||
18 | (3) A reference to the particular Sections of the | ||||||
19 | substantive and procedural statutes and rules involved. | ||||||
20 | (4) Except where a more detailed statement is | ||||||
21 | otherwise provided for by law, a short and plain statement | ||||||
22 | of the matters asserted, the consequences of a failure to | ||||||
23 | respond, and the official file or other reference number. | ||||||
24 | (5) To the extent such information is available, the | ||||||
25 | names, phone numbers, email addresses, and mailing |
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1 | addresses of the administrative law judge or designated | ||||||
2 | agency contact, the parties, and all other persons to whom | ||||||
3 | the agency gives notice of the hearing unless otherwise | ||||||
4 | confidential by law. | ||||||
5 | (6) An enclosure written in, at a minimum, English, | ||||||
6 | Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish, | ||||||
7 | Russian, Spanish, Tagalog, Urdu, Ukrainian, and | ||||||
8 | Vietnamese, which notifies the recipient of the ability | ||||||
9 | for a party or the recipient's agent to request | ||||||
10 | interpretive assistance to participate in or understand | ||||||
11 | the hearing and to receive language access services for | ||||||
12 | translating the contents of the notice. A request to | ||||||
13 | receive a written or sight translation of the notice must | ||||||
14 | be made within 7 days of service of the notice. | ||||||
15 | (b) An opportunity shall be afforded all parties to be | ||||||
16 | represented by legal counsel and to respond and present | ||||||
17 | evidence and argument. | ||||||
18 | (c) Unless precluded by law, disposition may be made of | ||||||
19 | any contested case by stipulation, agreed settlement, consent | ||||||
20 | order, or default. | ||||||
21 | (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
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22 | (5 ILCS 100/10-25.1 new) | ||||||
23 | Sec. 10-25.1. Language access services. | ||||||
24 | (a) As used in this Article: | ||||||
25 | "Foreign language interpreter" means a person who is |
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1 | fluent in both English and another language, who listens to a | ||||||
2 | communication in one language and orally converts it into | ||||||
3 | another language while retaining the same meaning, and who | ||||||
4 | either (i) has satisfied the certification requirement set | ||||||
5 | forth in Section 8a.2 of the Personnel Code or (ii) has been | ||||||
6 | contracted with by the State or an agency to provide | ||||||
7 | interpretive assistance in administrative hearings. A foreign | ||||||
8 | language interpreter need not be physically present to provide | ||||||
9 | interpretive assistance. | ||||||
10 | "Indigent person" has the meaning given in subdivision | ||||||
11 | (a)(2) of Section 5-105 of the Code of Civil Procedure. | ||||||
12 | "Interpretive assistance" means services that involve | ||||||
13 | listening to a communication in one language and orally | ||||||
14 | converting that communication into another language while | ||||||
15 | retaining the same meaning. | ||||||
16 | "Language access services" means the full spectrum of | ||||||
17 | language services available to provide meaningful access to | ||||||
18 | the programs and services for limited English proficient | ||||||
19 | persons, including, but not limited to, in-person interpreter | ||||||
20 | services, telephonic and video remote interpreter services, | ||||||
21 | translation of written materials, and bilingual staff | ||||||
22 | services. | ||||||
23 | "Limited English proficient person" means someone who | ||||||
24 | speaks a language other than English as his or her primary | ||||||
25 | language and has a limited ability to read, write, speak, or | ||||||
26 | understand English and requires the assistance of a foreign |
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1 | language interpreter to effectively communicate in a legal | ||||||
2 | proceeding. | ||||||
3 | "Nonsubstantive hearing" means a hearing to discuss | ||||||
4 | hearing rules, hearing processes, hearing procedures, and | ||||||
5 | hearing scheduling. A hearing in which a substantive ruling is | ||||||
6 | made is not a nonsubstantive hearing. | ||||||
7 | "Sight translation" means the conversion of written text | ||||||
8 | in one language into another spoken language. | ||||||
9 | "Substantive hearing" means a hearing in which a | ||||||
10 | substantive ruling may be made. "Substantive hearing" includes | ||||||
11 | a prehearing conference or formal hearing in which testimony | ||||||
12 | or evidence is being taken. | ||||||
13 | "Substantive ruling" means a ruling that directly relates | ||||||
14 | to the merits of the case and does not include explanation of | ||||||
15 | hearing rules, hearing processes, hearing procedures, or | ||||||
16 | hearing scheduling. | ||||||
17 | "Translator" means a person who converts written text from | ||||||
18 | one language into written text in another language. | ||||||
19 | "Written translation" means a conversion of written text | ||||||
20 | from one language into written text in another language. | ||||||
21 | (b) A self-represented litigant, a witness, or a litigant | ||||||
22 | who is an indigent person has the right to request | ||||||
23 | interpretive assistance to participate in or understand a | ||||||
24 | hearing at any time during the course of the hearing. If no | ||||||
25 | request is made but the administrative law judge reasonably | ||||||
26 | believes that a self-represented litigant or witness is a |
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1 | limited English proficient person, the administrative law | ||||||
2 | judge shall inquire if the individual is in need of | ||||||
3 | interpretive assistance to participate in or understand the | ||||||
4 | hearing. The fact that an individual for whom English is a | ||||||
5 | second language knows some English should not prohibit that | ||||||
6 | individual from being allowed to receive interpretive | ||||||
7 | assistance from a foreign language interpreter. The conclusion | ||||||
8 | of the administrative law judge regarding the need for | ||||||
9 | interpretive assistance must be stated in the record. | ||||||
10 | (c) If interpretive assistance is requested by a | ||||||
11 | self-represented litigant, a witness, or a litigant who is an | ||||||
12 | indigent person or if interpretive assistance is determined to | ||||||
13 | be necessary by the administrative law judge, the agency must | ||||||
14 | appoint a foreign language interpreter at no cost to the | ||||||
15 | person in need of the assistance for use in a substantive | ||||||
16 | hearing. If it appears that interpretive assistance is needed | ||||||
17 | but a foreign language interpreter is not available for the | ||||||
18 | scheduled substantive hearing, the administrative law judge | ||||||
19 | shall continue or postpone the hearing until appropriate | ||||||
20 | services can be provided. In a substantive hearing, an | ||||||
21 | interpreter who is not a foreign language interpreter should | ||||||
22 | be appointed only if the agency made reasonable efforts to | ||||||
23 | obtain a foreign language interpreter and one is not | ||||||
24 | reasonably available. If the agency appoints an interpreter | ||||||
25 | who is not a foreign language interpreter, the administrative | ||||||
26 | law judge must examine the interpreter to ensure the |
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1 | interpreter is competent to interpret in the hearing, has | ||||||
2 | proficiency in English and the applicable foreign language, | ||||||
3 | and does not present a conflict of interest. | ||||||
4 | (d) An agency may provide interpretive assistance during a | ||||||
5 | nonsubstantive hearing by use of an interpreter who is not a | ||||||
6 | foreign language interpreter, provided the administrative law | ||||||
7 | judge examines the interpreter for competency for the purposes | ||||||
8 | of the non-substantive hearing. | ||||||
9 | (e) All persons appointed to provide interpretive | ||||||
10 | assistance in substantive and nonsubstantive hearings must | ||||||
11 | swear or affirm that they: | ||||||
12 | (1) will make a true interpretation, from the English | ||||||
13 | language, in an understandable manner to the limited | ||||||
14 | English proficient person for whom the interpreter has | ||||||
15 | been appointed; | ||||||
16 | (2) will repeat the statements of the limited English | ||||||
17 | proficient person, in the English language, to the best of | ||||||
18 | the interpreter's ability; | ||||||
19 | (3) have not had any involvement in the issues of the | ||||||
20 | case before the hearing; and | ||||||
21 | (4) will not disclose privileged or confidential | ||||||
22 | communications to any person. | ||||||
23 | (f) If an appointed interpreter is not accurately | ||||||
24 | interpreting communications, the limited English proficient | ||||||
25 | person, or that person's attorney or authorized | ||||||
26 | representative, if an authorized representative is permitted |
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1 | under agency rules, may request the appointment of a different | ||||||
2 | interpreter, subject to the approval of the administrative law | ||||||
3 | judge. | ||||||
4 | (g) An agency may adopt rules for the implementation and | ||||||
5 | administration of this Section. Nothing in this Section | ||||||
6 | precludes an agency from providing language access services in | ||||||
7 | addition to those required under this Section to any limited | ||||||
8 | English proficient person, subject to agency discretion.
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9 | (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70) | ||||||
10 | Sec. 10-70. Waiver. | ||||||
11 | (a) Compliance with any or all of the provisions of this | ||||||
12 | Act concerning contested cases may be waived by written | ||||||
13 | stipulation of all parties. | ||||||
14 | (b) To waive any of the provisions relating to language | ||||||
15 | access services under Sections 10-25 and 10-25.1, the parties | ||||||
16 | must provide a signed written stipulation in both English and | ||||||
17 | the preferred language of the party in need of language | ||||||
18 | assistance. | ||||||
19 | (c) A written stipulation waiving the language access | ||||||
20 | service provisions of Sections 10-25 and 10-25.1 of this Act | ||||||
21 | may be withdrawn by the limited English proficient person at | ||||||
22 | any time. The withdrawal may be made by oral declaration at | ||||||
23 | hearing or in a written declaration. Following such a | ||||||
24 | withdrawal, the remainder of the proceeding must be conducted | ||||||
25 | in accordance with Sections 10-25 and 10-25.1. |
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1 | (Source: P.A. 87-823.)
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