Bill Amendment: IL SB0584 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ADMIN REVIEW-NOTICE; PARTIES
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0212 [SB0584 Detail]
Download: Illinois-2017-SB0584-Senate_Amendment_001.html
Bill Title: ADMIN REVIEW-NOTICE; PARTIES
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0212 [SB0584 Detail]
Download: Illinois-2017-SB0584-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 584
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2 | AMENDMENT NO. ______. Amend Senate Bill 584 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 Section 10-50 as follows:
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6 | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
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7 | Sec. 10-50. Decisions and orders.
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8 | (a) A final decision or order adverse to a party (other | ||||||
9 | than the agency)
in a contested case shall be in writing or | ||||||
10 | stated in the record. A final
decision shall include findings | ||||||
11 | of fact and conclusions of law, separately
stated. Findings of | ||||||
12 | fact, if set forth in statutory language, shall be
accompanied | ||||||
13 | by a concise and explicit statement of the underlying facts
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14 | supporting the findings. If, in accordance with agency rules, a | ||||||
15 | party
submitted proposed findings of fact, the decision shall | ||||||
16 | include a ruling
upon each proposed finding. Parties or their |
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1 | agents appointed to receive
service of process shall be | ||||||
2 | notified either personally or by registered or
certified mail | ||||||
3 | of any decision or order. Upon request a copy of the
decision | ||||||
4 | or order shall be delivered or mailed forthwith to each party | ||||||
5 | and
to his attorney of record.
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6 | (b) All agency orders shall specify whether they are final | ||||||
7 | and subject
to the Administrative Review Law. Every final order | ||||||
8 | shall contain a list of all parties of record to the case | ||||||
9 | including the name and address of the agency or officer | ||||||
10 | entering the order and the addresses of each party as known to | ||||||
11 | the agency where the parties may be served with pleadings, | ||||||
12 | notices, or service of process for any review or further | ||||||
13 | proceedings. Every final order shall also state whether the | ||||||
14 | rules of the agency require any motion or request for | ||||||
15 | reconsideration to make the decision reviewable under the | ||||||
16 | Administrative Review Law and shall cite the rule for the | ||||||
17 | requirement. The changes made by this amendatory Act of the | ||||||
18 | 100th General Assembly apply to all actions filed under the | ||||||
19 | Administrative Review Law on or after the effective date of | ||||||
20 | this amendatory Act of the 100th General Assembly.
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21 | (c) A decision by any agency in a contested case under this | ||||||
22 | Act shall be
void unless the proceedings are conducted in | ||||||
23 | compliance with the provisions
of this Act relating to | ||||||
24 | contested cases, except to the extent those provisions
are | ||||||
25 | waived under Section 10-70 and except to the extent the
agency | ||||||
26 | has adopted its own rules for contested cases as authorized in |
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1 | Section
1-5.
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2 | (Source: P.A. 92-16, eff. 6-28-01.)
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3 | Section 10. The Code of Civil Procedure is amended by | ||||||
4 | changing Sections 3-107 and 3-111 as follows:
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5 | (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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6 | Sec. 3-107. Defendants.
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7 | (a) Except as provided in subsection (b) or (c), in any | ||||||
8 | action to review any final
decision of an administrative | ||||||
9 | agency, the administrative agency and all
persons, other than | ||||||
10 | the plaintiff, who were parties of record to the
proceedings | ||||||
11 | before the
administrative agency shall be made defendants. The | ||||||
12 | method of service of the decision shall be as provided in the | ||||||
13 | Act governing the procedure before the administrative agency, | ||||||
14 | but if no method is provided, a decision shall be deemed to | ||||||
15 | have been served either when a copy of the decision is | ||||||
16 | personally delivered or when a copy of the decision is | ||||||
17 | deposited in the United States mail, in a sealed envelope or | ||||||
18 | package, with postage prepaid, addressed to the party affected | ||||||
19 | by the decision at his or her last known residence or place of | ||||||
20 | business. The form of the summons and the issuance of alias | ||||||
21 | summons shall be according to rules of the Supreme Court.
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22 | No action for administrative review shall be dismissed for | ||||||
23 | lack of
jurisdiction : (1) based upon misnomer of an agency, | ||||||
24 | board, commission, or party that is properly served with |
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1 | summons that was issued in the action within the applicable | ||||||
2 | time limits; or (2) for a the failure to name an employee, | ||||||
3 | agent, or member, who
acted in his or her official capacity, of | ||||||
4 | an administrative agency, board,
committee, or government | ||||||
5 | entity , where a timely action for administrative review has | ||||||
6 | been filed that identifies the final administrative decision | ||||||
7 | under review and that makes a good faith effort to properly | ||||||
8 | name the administrative agency, board,
committee, or | ||||||
9 | government entity , has been named as a defendant as provided in
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10 | this Section . Naming the director or agency head, in his or her | ||||||
11 | official
capacity, shall be deemed to include as defendant the | ||||||
12 | administrative agency,
board, committee, or government entity | ||||||
13 | that the named defendants direct or
head. No action for | ||||||
14 | administrative review shall be dismissed for lack of
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15 | jurisdiction based upon the failure to name an administrative | ||||||
16 | agency, board,
committee, or government entity, where the | ||||||
17 | director or agency head, in his or
her official capacity, has | ||||||
18 | been named as a defendant as provided in this
Section.
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19 | If, during the course of a review action, the court | ||||||
20 | determines that an agency or a party
of record to the | ||||||
21 | administrative proceedings was not made a defendant as
required | ||||||
22 | by the preceding paragraph, then the
court shall grant the | ||||||
23 | plaintiff 35 days from the date of the determination in
which | ||||||
24 | to name and serve the unnamed agency or party as a defendant. | ||||||
25 | The court shall
permit the newly served defendant to | ||||||
26 | participate in the proceedings to the
extent the interests of |
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1 | justice may require.
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2 | (b) With respect to actions to review decisions of a zoning | ||||||
3 | board of
appeals in a municipality with a population of 500,000 | ||||||
4 | or more inhabitants
under Division 13 of Article 11 of the | ||||||
5 | Illinois Municipal Code, "parties of
record" means only the | ||||||
6 | zoning board of appeals and applicants before the
zoning board | ||||||
7 | of appeals. The plaintiff shall send a notice of filing of
the | ||||||
8 | action by certified mail to each other person who appeared | ||||||
9 | before and
submitted oral testimony or written statements to | ||||||
10 | the zoning board of
appeals with respect to the decision | ||||||
11 | appealed from. The notice shall be
mailed within 2 days of the | ||||||
12 | filing of the action. The notice shall state
the caption of the | ||||||
13 | action, the court in which the action is filed, and the
names | ||||||
14 | of the plaintiff in the action and the applicant to the zoning | ||||||
15 | board
of appeals. The notice shall inform the person of his or | ||||||
16 | her right to
intervene. Each person who appeared before and | ||||||
17 | submitted oral testimony
or written statements to the zoning | ||||||
18 | board of appeals with respect to the
decision appealed from | ||||||
19 | shall have a right to intervene as a defendant in
the action | ||||||
20 | upon application made to the court within 30 days of the | ||||||
21 | mailing
of the notice.
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22 | (c) With respect to actions to review decisions of a | ||||||
23 | hearing officer or a county zoning board of appeals under | ||||||
24 | Division 5-12 of Article 5 of the Counties Code, "parties of | ||||||
25 | record" means only the hearing officer or the zoning board of | ||||||
26 | appeals and applicants before the hearing officer or the zoning |
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1 | board of appeals. The plaintiff shall send a notice of filing | ||||||
2 | of the action by certified mail to each other person who | ||||||
3 | appeared before and submitted oral testimony or written | ||||||
4 | statements to the hearing officer or the zoning board of | ||||||
5 | appeals with respect to the decision appealed from. The notice | ||||||
6 | shall be mailed within 2 days of the filing of the action. The | ||||||
7 | notice shall state the caption of the action, the court in | ||||||
8 | which the action is filed, and the name of the plaintiff in the | ||||||
9 | action and the applicant to the hearing officer or the zoning | ||||||
10 | board of appeals. The notice shall inform the person of his or | ||||||
11 | her right to intervene. Each person who appeared before and | ||||||
12 | submitted oral testimony or written statements to the hearing | ||||||
13 | officer or the zoning board of appeals with respect to the | ||||||
14 | decision appealed from shall have a right to intervene as a | ||||||
15 | defendant in the action upon application made to the court | ||||||
16 | within 30 days of the mailing of the notice. This subsection | ||||||
17 | (c) applies to zoning proceedings commenced on or after July 1, | ||||||
18 | 2007 ( the effective date of Public Act 95-321) this amendatory | ||||||
19 | Act of the 95th General Assembly .
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20 | (d) The changes to this Section made by Public Act | ||||||
21 | 95-831 this amendatory Act of the 95th General Assembly apply to | ||||||
22 | all actions filed on or after August 21, 2007 ( the effective | ||||||
23 | date of Public Act 95-831) this amendatory Act of the 95th | ||||||
24 | General Assembly . The changes made by this amendatory Act of | ||||||
25 | the 100th General Assembly apply to all actions filed on or | ||||||
26 | after the effective date of this amendatory Act of the 100th |
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1 | General Assembly. | ||||||
2 | (Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
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3 | (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
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4 | Sec. 3-111. Powers of circuit court.
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5 | (a) The Circuit Court has power:
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6 | (1) with or without requiring bond (except if otherwise | ||||||
7 | provided in
the particular statute under authority of which | ||||||
8 | the administrative
decision was entered), and before or | ||||||
9 | after answer filed, upon notice to
the agency and good | ||||||
10 | cause shown, to stay the decision of the
administrative | ||||||
11 | agency in whole or in part pending the final disposition
of | ||||||
12 | the case. For the purpose of this subsection, "good cause" | ||||||
13 | requires the
applicant to show (i) that an immediate stay | ||||||
14 | is required in order to preserve
the status quo without | ||||||
15 | endangering the public, (ii) that it is not contrary to
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16 | public policy, and (iii) that there exists a reasonable | ||||||
17 | likelihood of success
on the merits;
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18 | (2) to make any order that it deems proper for the | ||||||
19 | amendment,
completion or filing of the record of | ||||||
20 | proceedings of the administrative
agency;
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21 | (3) to allow substitution of parties by reason of | ||||||
22 | marriage, death,
bankruptcy, assignment or other cause;
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23 | (4) to dismiss parties, to correct misnomers , | ||||||
24 | including any erroneous identification of the | ||||||
25 | administrative agency that was made in good faith , to |
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1 | realign parties, or to join agencies or parties;
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2 | (5) to affirm or reverse the decision in whole or in | ||||||
3 | part;
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4 | (6) where a hearing has been held by the agency, to | ||||||
5 | reverse and
remand the decision in whole or in part, and, | ||||||
6 | in that case, to
state the questions requiring further | ||||||
7 | hearing or proceedings and to give such
other instructions | ||||||
8 | as may be proper;
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9 | (7) where a hearing has been held by the agency, to | ||||||
10 | remand for the
purpose of taking additional evidence when | ||||||
11 | from the state of the record
of the administrative agency | ||||||
12 | or otherwise it shall appear that such
action is just. | ||||||
13 | However, no remandment shall be made on the ground of
newly | ||||||
14 | discovered evidence unless it appears to the satisfaction | ||||||
15 | of the
court that such evidence has in fact been discovered | ||||||
16 | subsequent to the
termination of the proceedings before the | ||||||
17 | administrative agency and that
it could not by the exercise | ||||||
18 | of reasonable diligence have been obtained
at such | ||||||
19 | proceedings; and that such evidence is material to the | ||||||
20 | issues
and is not cumulative;
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21 | (8) in case of affirmance or partial affirmance of an | ||||||
22 | administrative
decision which requires the payment of | ||||||
23 | money, to enter judgment for the
amount justified by the | ||||||
24 | record and for costs, which judgment may be enforced
as | ||||||
25 | other judgments for the recovery of money;
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26 | (9) when the particular statute under authority of |
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1 | which the
administrative decision was entered requires the | ||||||
2 | plaintiff to file a
satisfactory bond and provides for the | ||||||
3 | dismissal of the action for the
plaintiff's failure to | ||||||
4 | comply with this requirement unless the court is
authorized | ||||||
5 | by the particular statute to enter, and does enter, an | ||||||
6 | order
imposing a lien upon the plaintiff's property, to | ||||||
7 | take such proofs and
to enter such orders as may be | ||||||
8 | appropriate to carry out the provisions
of the particular | ||||||
9 | statute. However, the court shall not
approve the bond, nor | ||||||
10 | enter an order for the lien, in any amount which
is less | ||||||
11 | than that prescribed by the particular statute under | ||||||
12 | authority
of which the administrative decision was entered | ||||||
13 | if the statute
provides what the minimum amount of the bond | ||||||
14 | or lien shall be or
provides how said minimum amount shall | ||||||
15 | be determined.
No such bond shall be approved by the court | ||||||
16 | without notice
to, and an opportunity to be heard thereon | ||||||
17 | by, the administrative agency
affected. The lien, created | ||||||
18 | by the entry of a court
order in lieu of a bond, shall not | ||||||
19 | apply to property exempted from the
lien by the particular | ||||||
20 | statute under authority of which the
administrative | ||||||
21 | decision was entered. The lien shall not be effective
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22 | against real property whose title is registered under the | ||||||
23 | provisions of
the Registered Titles (Torrens) Act until
the | ||||||
24 | provisions of Section 85 of that Act are complied with.
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25 | (b) Technical errors in the proceedings before the | ||||||
26 | administrative
agency or its failure to observe the technical |
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1 | rules of evidence shall
not constitute grounds for the reversal | ||||||
2 | of the administrative decision
unless it appears to the court | ||||||
3 | that such error or failure
materially affected the rights of | ||||||
4 | any party and resulted in substantial
injustice to him or her.
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5 | (c) On motion of either party, the circuit court shall make | ||||||
6 | findings
of fact or state the propositions of law upon which | ||||||
7 | its judgment is
based.
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8 | (d) The changes to this Section made by Public Act 95-831 | ||||||
9 | this amendatory Act of the 95th General Assembly apply to all | ||||||
10 | actions filed on or after August 21, 2007 ( the effective date | ||||||
11 | of Public Act 95-831) this amendatory Act of the 95th General | ||||||
12 | Assembly . The changes made by this amendatory Act of the 100th | ||||||
13 | General Assembly apply to all actions filed on or after the | ||||||
14 | effective date of this amendatory Act of the 100th General | ||||||
15 | Assembly. | ||||||
16 | (Source: P.A. 95-831, eff. 8-14-08.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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