Bill Amendment: IL SB0951 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ADMINISTRATIVE PROCEDURE-EMAIL

Status: 2019-01-09 - Session Sine Die [SB0951 Detail]

Download: Illinois-2017-SB0951-Senate_Amendment_001.html

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Sen. Jim Oberweis

Filed: 3/1/2017

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AMENDMENT TO SENATE BILL 951
AMENDMENT NO. ______. Amend Senate Bill 951 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 10-25 and 10-50 and by adding
Section 10-75 as follows:
(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
Sec. 10-25. Contested cases; notice; hearing.
(a) In a contested case, all parties shall be afforded an
opportunity for a hearing after reasonable notice. The notice
shall be served personally, served or by certified or
registered mail, served by electronic mail, or served as
otherwise provided by law upon the parties or their agents
appointed to receive service of process and shall include the
following:
(1) A statement of the time, place, and nature of the

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hearing.
(2) A statement of the legal authority and jurisdiction
under which the hearing is to be held.
(3) A reference to the particular Sections of the
substantive and procedural statutes and rules involved.
(4) Except where a more detailed statement is otherwise
provided for by law, a short and plain statement of the
matters asserted, the consequences of a failure to respond,
and the official file or other reference number.
(5) The names and mailing addresses of the
administrative law judge, all parties, and all other
persons to whom the agency gives notice of the hearing
unless otherwise confidential by law.
(b) An opportunity shall be afforded all parties to be
represented by legal counsel and to respond and present
evidence and argument.
(c) Unless precluded by law, disposition may be made of any
contested case by stipulation, agreed settlement, consent
order, or default.
(Source: P.A. 87-823.)
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.
(a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include findings

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of fact and conclusions of law, separately stated. Findings of
fact, if set forth in statutory language, shall be accompanied
by a concise and explicit statement of the underlying facts
supporting the findings. If, in accordance with agency rules, a
party submitted proposed findings of fact, the decision shall
include a ruling upon each proposed finding. Parties or their
agents appointed to receive service of process shall be
notified either personally, or by registered or certified mail,
or by electronic mail of any decision or order. Upon request a
copy of the decision or order shall be delivered or mailed
forthwith to each party and to his attorney of record.
(b) All agency orders shall specify whether they are final
and subject to the Administrative Review Law.
(c) A decision by any agency in a contested case under this
Act shall be void unless the proceedings are conducted in
compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 and except to the extent the agency
has adopted its own rules for contested cases as authorized in
Section 1-5.
(Source: P.A. 92-16, eff. 6-28-01.)
(5 ILCS 100/10-75 new)
Sec. 10-75. Service by electronic mail.
(a) An agency may require all attorneys to designate an
electronic mail address to which all documents required under

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Sections 10-25 and 10-50 may be transmitted. If required to
designate an electronic mail address, an attorney must
designate one primary electronic mail address, and may
designate no more than 2 secondary electronic mail addresses.
(b) An agency may request, but not require, unless
otherwise required by law, an unrepresented party to designate
an electronic mail address to which all documents required
under Sections 10-25 and 10-50 may be transmitted. An agency
may by rule make electronic mail the default option for service
of documents.
(c) Service by electronic mail is complete on the first
business day following transmission.".