Bill Text: IL HB3050 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with changes. Makes technical changes.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Engrossed) 2023-09-20 - Added as Alternate Co-Sponsor Sen. Robert F. Martwick [HB3050 Detail]

Download: Illinois-2023-HB3050-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 10-10, 10-25, 10-45, 10-50, and
10-70 and by adding Section 10-25.1 as follows:
(5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
Sec. 10-10. Components of rules. All agency rules
establishing procedures for contested cases shall at a minimum
comply with the provisions of this Article 10. In addition,
agency rules establishing procedures may include, but need not
be limited to, the following components: pre-hearing
conferences, representation interview or deposition
procedures, default procedures, selection of administrative
law judges, the form of the final order, the standard of proof
used, which agency official makes the final decision,
representation of parties, procedure for requesting language
assistance, subpoena request procedures, discovery and
protective order procedures, and any review or appeal process
within the agency.
(Source: P.A. 87-823.)
(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)

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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 in the
preferred spoken language of the parties, if known by the
agency. The notice shall be served personally, by certified or
registered mail, by email as provided by Section 10-75, or 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
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) To the extent such information is available, the
names, phone numbers, email addresses, and mailing
addresses of the administrative law judge or designated
agency contact, the parties, and all other persons to whom
the agency gives notice of the hearing unless otherwise
confidential by law.
(6) Instructions at the top of the notice, written in,

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at a minimum, English, Spanish, Polish, Gujarati, Urdu,
Mandarin, Cantonese, Korean, and Tagalog, for receiving
language assistance in translating the contents of the
notice.
(7) A statement written in, at a minimum, English,
Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
Korean, and Tagalog, of the right to request an
interpreter for the hearing.
(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. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 100/10-25.1 new)
Sec. 10-25.1. Language Assistance.
(a) "Language assistance" means oral interpretation or
written or sight translation into English of a language other
than English or of English into another language for a party or
witness who cannot speak or understand English or who can do so
only with difficulty. "Sight translation" means the reading of
text written in one language by an interpreter who orally
translates it into another language.
(b) The administrative law judge has the duty to inquire

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and determine if a participant in the hearing needs language
assistance to participate in or understand the hearing. The
fact that an individual for whom English is a second language
knows some English should not prohibit that individual from
being allowed to receive language assistance. The examination
of the individual believed to be in need of language
assistance must be done on the record, and the conclusion of
the administrative law judge must be stated on the record.
(c) Any party or witness has the right to request language
assistance to participate in or understand the hearing at any
time during the course of the hearing.
(d) When language assistance is requested or determined to
be necessary by the administrative law judge, the agency must
appoint a certified, registered, or qualified interpreter, at
no cost to the person in need of the assistance. If it appears
that language assistance is needed but interpreters are not
available for the scheduled hearing, the administrative law
judge shall continue or postpone the hearing until appropriate
services can be provided. An unregistered interpreter should
be appointed only if the agency made reasonable efforts to
obtain a certified, registered, or qualified interpreter and
is not reasonably available. If the agency appoints an
unregistered interpreter, the administrative law judge must
examine the interpreter on the record to ensure the
interpreter is qualified to interpret in the hearing, has
proficiency in English and the foreign language, and does not

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present a conflict of interest.
(1) Interpreters on the registry established pursuant
to Section 405-600 of the Department of Central Management
Services Law are certified, registered, or qualified for
purposes of this Section.
(2) Court interpreters on the registry established
pursuant to the Illinois Supreme Court Language Access
Policy recommended lists of court interpreters are
certified, registered, or qualified for purposes of this
Section.
(e) The appointed interpreter must swear or affirm that he
or she:
(1) will make a true interpretation in an
understandable manner to the person for whom the
interpreter has been appointed;
(2) will repeat the statements of the person in need
of interpretation assistance in the English language to
the best of his or her ability;
(3) has not had any involvement in the issues of the
case before the hearing; and
(4) will not disclose privileged or confidential
communications to any person.
(f) If the party or witness in need of interpretation or an
attorney or advocate involved in the proceeding concludes that
the appointed interpreter is not interpreting communications
correctly, they may request the appointment of a different

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interpreter.
(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
Sec. 10-45. Proposal for decision. Except where otherwise
expressly provided by law, when in a contested case a majority
of the officials of the agency who are to render the final
decision has not heard the case or read the record, the
decision, if adverse to a party to the proceeding other than
the agency, shall not be made until a proposal for decision is
served upon the parties and an opportunity is afforded to each
party adversely affected to file exceptions and to present a
brief and, if the agency so permits, oral argument to the
agency officials who are to render the decision. The proposal
for decision shall contain a statement of the reasons therefor
and of each issue of fact or law necessary to the proposed
decision and shall be prepared by the persons who conducted
the hearing or one who has read the record. Where an
interpreter is appointed for a party in the hearing under
Section 10-25.1, the agency must provide a translation of the
proposal for decision or provide an interpreter for sight
translation of the proposal for decision to the party needing
language assistance.
(Source: P.A. 87-823.)
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.

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(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
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, by registered or certified mail,
by email as provided by Section 10-75, or as otherwise
provided by law. Upon request a copy of the decision or order
shall be delivered or mailed forthwith to each party and to his
attorney of record. Where an interpreter is appointed for a
party in the hearing under Section 10-25.1, the agency must
provide a translation of the proposal for decision or provide
an interpreter to sight translate the proposal for decision to
the party needing language assistance.
(b) All agency orders shall specify whether they are final
and subject to the Administrative Review Law. Every final
order shall contain a list of all parties of record to the case
including the name and address of the agency or officer
entering the order and the addresses of each party as known to
the agency where the parties may be served with pleadings,
notices, or service of process for any review or further

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proceedings. Every final order shall also state whether the
rules of the agency require any motion or request for
reconsideration and cite the rule for the requirement. The
changes made by this amendatory Act of the 100th General
Assembly apply to all actions filed under the Administrative
Review Law on or after the effective date of this amendatory
Act of the 100th General Assembly.
(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. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
101-81, eff. 7-12-19.)
(5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
Sec. 10-70. Waiver.
(a) Compliance with any or all of the provisions of this
Act concerning contested cases may be waived by written
stipulation of all parties.
(b) Where an administrative law judge has determined that
a party needs language assistance to understand or participate
in the hearing under Section 10-25.1, the parties must include
a signed written stipulation in the preferred language of the

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party in need of language assistance.
(c) A written stipulation waiving any of the provisions in
Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
language assistance may be withdrawn by the party in need of
language assistance by oral declaration at hearing or in a
written declaration at any time. A withdrawal of the waiver,
in compliance with this subsection (c), will require
compliance of the language assistance provisions of this Act
going forward in the proceeding.
(Source: P.A. 87-823.)
Section 10. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
adding Section 600 as follows:
(20 ILCS 405/600 new)
Sec. 600. Certification of administrative hearing
interpreters.
(a) The Department shall compile, maintain, and
disseminate a current registry of foreign language
interpreters certified, qualified, and registered by the
Department that meet the minimum standards in interpreting
skills and linguistic abilities developed by the Department.
Any certified, qualified, and registered interpreter listed
may be examined by each employing agency to determine the
interpreter's knowledge of the employing agency's technical

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program terminology and procedures. For purposes of this
section, the following definitions apply:
(1) "Certified interpreter" means a foreign language
interpreter certified pursuant to the program established
by the Department and listed on the Department's statewide
registry.
(2) "Qualified interpreter" means a foreign language
interpreter qualified pursuant to the program established
by the Department and listed on the Department's statewide
registry.
(3) "Registered interpreter" means a foreign language
interpreter registered pursuant to the program established
by the Department and listed on the Department's statewide
registry.
(b) The Department shall designate the languages for
certification. The Department may stop providing an
examination for the certification of a language if it finds
that there is an insufficient need for interpreting assistance
in the language using the criteria in subsection (c).
(c) The language designations shall be based on the
following:
(1) The language needs of non-English-speaking persons
appearing before the administrative agencies as determined
by consultation with the agencies.
(2) The cost of developing a language examination.
(3) The availability of experts needed to develop a

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language examination.
(4) Other information the department deems relevant.
(d) The Department may charge reasonable fees to
interpreters for applying, testing, training, certification,
registration, and renewal of registration.