Bill Text: IL HB5119 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Administrative Review Law of the Code of Civil Procedure. In the definition of "administrative decision", changes references to "parties" to "persons". Provides that administrative decisions made reviewable by statute and final administrative decisions for which there is no other adequate remedy in a court are subject to judicial review. Provides that a person suffering legal wrong because of an administrative decision, or adversely affected or aggrieved by an administrative decision, is entitled to judicial review of the administrative decision. Provides that the Administrative Review Law shall apply to and govern every action to review judicially a final decision of any administrative agency unless the action is governed by the procedures or provisions of another statute. Strikes language concerning the scope of the Administrative Review Law. Provides that every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 60 (instead of 35) days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. Makes other changes in Sections concerning commencement of action; defendants; scope of review; powers of the circuit court; and direct review of administrative orders by the appellate court. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced) 2018-04-26 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB5119 Detail]

Download: Illinois-2017-HB5119-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5119

Introduced , by Rep. Steven A. Andersson

SYNOPSIS AS INTRODUCED:
735 ILCS 5/3-101 from Ch. 110, par. 3-101
735 ILCS 5/3-101.5 new
735 ILCS 5/3-102 from Ch. 110, par. 3-102
735 ILCS 5/3-103 from Ch. 110, par. 3-103
735 ILCS 5/3-107 from Ch. 110, par. 3-107
735 ILCS 5/3-110 from Ch. 110, par. 3-110
735 ILCS 5/3-111 from Ch. 110, par. 3-111
735 ILCS 5/3-113

Amends the Administrative Review Law of the Code of Civil Procedure. In the definition of "administrative decision", changes references to "parties" to "persons". Provides that administrative decisions made reviewable by statute and final administrative decisions for which there is no other adequate remedy in a court are subject to judicial review. Provides that a person suffering legal wrong because of an administrative decision, or adversely affected or aggrieved by an administrative decision, is entitled to judicial review of the administrative decision. Provides that the Administrative Review Law shall apply to and govern every action to review judicially a final decision of any administrative agency unless the action is governed by the procedures or provisions of another statute. Strikes language concerning the scope of the Administrative Review Law. Provides that every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 60 (instead of 35) days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. Makes other changes in Sections concerning commencement of action; defendants; scope of review; powers of the circuit court; and direct review of administrative orders by the appellate court. Effective immediately.
LRB100 18179 HEP 33377 b

A BILL FOR

HB5119LRB100 18179 HEP 33377 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Sections 3-101, 3-102, 3-103, 3-107, 3-110, 3-111, and
63-113 and by adding Section 3-101.5 as follows:
7 (735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
8 Sec. 3-101. Definitions. For the purpose of this Act:
9 "Administrative agency" means a person, body of persons,
10group, officer, board, bureau, commission or department (other
11than a court or judge) of the State, or of any political
12subdivision of the State or municipal corporation in the State,
13having power under law to make administrative decisions.
14 "Administrative decision" or "decision" means any
15decision, order or determination of any administrative agency
16rendered in a particular case, which affects the legal rights,
17duties or privileges of persons parties and which terminates
18the proceedings before the administrative agency. In all cases
19in which a statute or a rule of the administrative agency
20requires or permits an application for a rehearing or other
21method of administrative review to be filed within a specified
22time (as distinguished from a statute which permits the
23application for rehearing or administrative review to be filed

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1at any time before judgment by the administrative agency
2against the applicant or within a specified time after the
3entry of such judgment), and an application for such rehearing
4or review is made, no administrative decision of such agency
5shall be final as to the person party applying therefor until
6such rehearing or review is had or denied. However, if the
7particular statute permits an application for rehearing or
8other method of administrative review to be filed with the
9administrative agency for an indefinite period of time after
10the administrative decision has been rendered (such as
11permitting such application to be filed at any time before
12judgment by the administrative agency against the applicant or
13within a specified time after the entry of such judgment), then
14the authorization for the filing of such application for
15rehearing or review shall not postpone the time when the
16administrative decision as to which such application shall be
17filed would otherwise become final, but the filing of the
18application for rehearing or review with the administrative
19agency in this type of case shall constitute the commencement
20of a new proceeding before such agency, and the decision
21rendered in order to dispose of such rehearing or other review
22proceeding shall constitute a new and independent
23administrative decision. If such new and independent decision
24consists merely of the denial of the application for rehearing
25or other method of administrative review, the record upon
26judicial review of such decision shall be limited to the

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1application for rehearing or other review and the order or
2decision denying such application and shall not include the
3record of proceedings had before the rendering of the
4administrative decision as to which the application for
5rehearing or other administrative review shall have been filed
6unless the suit for judicial review is commenced within the
7time in which it would be authorized by this Act to have been
8commenced if no application for rehearing or other method of
9administrative review had been filed. On the other hand, if the
10rehearing or other administrative review is granted by the
11administrative agency, then the record on judicial review of
12the resulting administrative decision rendered pursuant to the
13rehearing or other administrative review may consist not only
14of the record of proceedings had before the administrative
15agency in such rehearing or other administrative review
16proceeding, but also of the record of proceedings had before
17such administrative agency prior to its rendering of the
18administrative decision as to which the rehearing or other
19administrative review shall have been granted. The term
20"administrative decision" or "decision" does not mean or
21include rules, regulations, standards, or statements of policy
22of general application issued by an administrative agency to
23implement, interpret, or make specific the legislation
24enforced or administered by it unless such a rule, regulation,
25standard or statement of policy is involved in a proceeding
26before the agency and its applicability or validity is in issue

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1in such proceeding, nor does it mean or include regulations
2concerning the internal management of the agency not affecting
3private rights or interests.
4(Source: P.A. 92-651, eff. 7-11-02.)
5 (735 ILCS 5/3-101.5 new)
6 Sec. 3-101.5. Right to judicial review. Administrative
7decisions made reviewable by statute and final administrative
8decisions for which there is no other adequate remedy in a
9court are subject to judicial review. A person suffering legal
10wrong because of an administrative decision, or adversely
11affected or aggrieved by an administrative decision, is
12entitled to judicial review of the administrative decision.
13 (735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
14 Sec. 3-102. Scope of Article. This Article III shall apply
15to and govern every action to review judicially a final
16decision of any administrative agency unless the action is
17governed by the procedures or provisions of another statute
18where the Act creating or conferring power on such agency, by
19express reference, adopts the provisions of this Article III or
20its predecessor, the Administrative Review Act. This Article
21shall be known as the "Administrative Review Law". In all such
22cases, any other statutory, equitable or common law mode of
23review of decisions of administrative agencies heretofore
24available shall not hereafter be employed.

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1 Unless review is sought of an administrative decision
2within the time and in the manner herein provided, the parties
3to the proceeding before the administrative agency shall be
4barred from obtaining judicial review of such administrative
5decision is barred. In an action to review any final decision
6of any administrative agency brought under this Article III, if
7a judgment is reversed or entered against the plaintiff, or the
8action is voluntarily dismissed by the plaintiff, or the action
9is dismissed for want of prosecution, or the action is
10dismissed by a United States District Court for lack of
11jurisdiction, neither the plaintiff nor his or her heirs,
12executors, or administrators may commence a new action within
13one year or within the remaining period of limitation,
14whichever is greater. All proceedings in the court for revision
15of such final decision shall terminate upon the date of the
16entry of any Order under either Section 2-1009 or Section
1713-217. Such Order shall cause the final administrative
18decision of any administrative agency to become immediately
19enforceable. If under the terms of the Act governing the
20procedure before an administrative agency an administrative
21decision has become final because of the failure to file any
22document in the nature of objections, protests, petition for
23hearing or application for administrative review within the
24time allowed by such Act, such decision shall not be subject to
25judicial review hereunder excepting only for the purpose of
26questioning the jurisdiction of the administrative agency over

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1the person or subject matter.
2(Source: P.A. 99-642, eff. 7-28-16.)
3 (735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
4 Sec. 3-103. Commencement of action. Every action to review
5a final administrative decision shall be commenced by the
6filing of a complaint and the issuance of summons within 60 35
7days from the date that a copy of the decision sought to be
8reviewed was served upon the party affected by the decision and
9any person who requested notice of the decision, except that in
10municipalities with a population of 500,000 or less a complaint
11filed within the time limit established by this Section may be
12subsequently amended to add a police chief or a fire chief in
13cases brought under the Illinois Municipal Code's provisions
14providing for the discipline of fire fighters and police
15officers.
16 The method of service of the decision shall be as provided
17in the Act governing the procedure before the administrative
18agency, but if no method is provided, a decision shall be
19deemed to have been served either when a copy of the decision
20is personally delivered or when a copy of the decision is
21deposited in the United States mail, in a sealed envelope or
22package, with postage prepaid, addressed to the party affected
23by the decision at his or her last known residence or place of
24business.
25 The form of the summons and the issuance of alias summons

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1shall be according to rules of the Supreme Court.
2 This amendatory Act of 1993 applies to all cases involving
3discipline of fire fighters and police officers pending on its
4effective date and to all cases filed on or after its effective
5date.
6 The changes to this Section made by this amendatory Act of
7the 95th General Assembly apply to all actions filed on or
8after the effective date of this amendatory Act of the 95th
9General Assembly.
10(Source: P.A. 95-831, eff. 8-14-08.)
11 (735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
12 Sec. 3-107. Defendants.
13 (a) Except as provided in subsection (b) or (c), in any
14action to review any final decision of an administrative
15agency, the administrative agency and any all persons, other
16than the plaintiff, who were parties of record who are not
17plaintiffs to the proceedings before the administrative agency
18shall be made defendants. The method of service of the decision
19shall be as provided in the Act governing the procedure before
20the administrative agency, but if no method is provided, a
21decision shall be deemed to have been served either when a copy
22of the decision is personally delivered or when a copy of the
23decision is deposited in the United States mail, in a sealed
24envelope or package, with postage prepaid, addressed to the
25party affected by the decision at his or her last known

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1residence or place of business. The form of the summons and the
2issuance of alias summons shall be according to rules of the
3Supreme Court.
4 No action for administrative review shall be dismissed for
5lack of jurisdiction: (1) based upon misnomer of an agency,
6board, commission, or party that is properly served with
7summons that was issued in the action within the applicable
8time limits; or (2) for a failure to name an employee, agent,
9or member, who acted in his or her official capacity, of an
10administrative agency, board, committee, or government entity
11where a timely action for administrative review has been filed
12that identifies the final administrative decision under review
13and that makes a good faith effort to properly name the
14administrative agency, board, committee, or government entity.
15Naming the director or agency head, in his or her official
16capacity, shall be deemed to include as defendant the
17administrative agency, board, committee, or government entity
18that the named defendants direct or head. No action for
19administrative review shall be dismissed for lack of
20jurisdiction based upon the failure to name an administrative
21agency, board, committee, or government entity, where the
22director or agency head, in his or her official capacity, has
23been named as a defendant as provided in this Section.
24 If, during the course of a review action, the court
25determines that an agency or a party of record to the
26administrative proceedings was not made a defendant as required

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1by the preceding paragraph, then the court shall grant the
2plaintiff 35 days from the date of the determination in which
3to name and serve the unnamed agency or party as a defendant.
4The court shall permit the newly served defendant to
5participate in the proceedings to the extent the interests of
6justice may require.
7 (b) With respect to actions to review decisions of a zoning
8board of appeals under Division 13 of Article 11 of the
9Illinois Municipal Code, "parties of record" means only the
10zoning board of appeals and applicants before the zoning board
11of appeals. The plaintiff shall send a notice of filing of the
12action by certified mail to each other person who appeared
13before and submitted oral testimony or written statements to
14the zoning board of appeals with respect to the decision
15appealed from. The notice shall be mailed within 2 days of the
16filing of the action. The notice shall state the caption of the
17action, the court in which the action is filed, and the names
18of the plaintiff in the action and the applicant to the zoning
19board of appeals. The notice shall inform the person of his or
20her right to intervene. Each person who appeared before and
21submitted oral testimony or written statements to the zoning
22board of appeals with respect to the decision appealed from
23shall have a right to intervene as a defendant in the action
24upon application made to the court within 30 days of the
25mailing of the notice.
26 (c) With respect to actions to review decisions of a

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1hearing officer or a county zoning board of appeals under
2Division 5-12 of Article 5 of the Counties Code, "parties of
3record" means only the hearing officer or the zoning board of
4appeals and applicants before the hearing officer or the zoning
5board of appeals. The plaintiff shall send a notice of filing
6of the action by certified mail to each other person who
7appeared before and submitted oral testimony or written
8statements to the hearing officer or the zoning board of
9appeals with respect to the decision appealed from. The notice
10shall be mailed within 2 days of the filing of the action. The
11notice shall state the caption of the action, the court in
12which the action is filed, and the name of the plaintiff in the
13action and the applicant to the hearing officer or the zoning
14board of appeals. The notice shall inform the person of his or
15her right to intervene. Each person who appeared before and
16submitted oral testimony or written statements to the hearing
17officer or the zoning board of appeals with respect to the
18decision appealed from shall have a right to intervene as a
19defendant in the action upon application made to the court
20within 30 days of the mailing of the notice. This subsection
21(c) applies to zoning proceedings commenced on or after July 1,
222007 (the effective date of Public Act 95-321).
23 (d) The changes to this Section made by Public Act 95-831
24apply to all actions filed on or after August 21, 2007 (the
25effective date of Public Act 95-831). The changes made by
26Public Act 100-212 this amendatory Act of the 100th General

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1Assembly apply to all actions filed on or after August 18, 2017
2(the effective date of Public Act 100-212) this amendatory Act
3of the 100th General Assembly.
4(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
5revised 10-6-17.)
6 (735 ILCS 5/3-110) (from Ch. 110, par. 3-110)
7 Sec. 3-110. Scope of review. Every action to review any
8final administrative decision shall be heard and determined by
9the court with all convenient speed. The hearing and
10determination shall extend to all questions of law and fact
11presented by the entire record before the court. No new or
12additional evidence regarding the merits of in support of or in
13opposition to any finding, order, determination or decision of
14the administrative agency shall be heard by the court. The
15findings and conclusions of the administrative agency on
16questions of fact shall be held to be prima facie true and
17correct.
18(Source: P.A. 88-1.)
19 (735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
20 Sec. 3-111. Powers of circuit court.
21 (a) The Circuit Court has power:
22 (1) with or without requiring bond (except if otherwise
23 provided in the particular statute under authority of which
24 the administrative decision was entered), and before or

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1 after answer filed, upon notice to the agency and good
2 cause shown, to stay the decision of the administrative
3 agency in whole or in part pending the final disposition of
4 the case. For the purpose of this subsection, "good cause"
5 requires the applicant to show (i) that an immediate stay
6 is required in order to preserve the status quo without
7 endangering the public, (ii) that it is not contrary to
8 public policy, and (iii) that there exists a reasonable
9 likelihood of success on the merits;
10 (2) to make any order that it deems proper for the
11 amendment, completion or filing of the record of
12 proceedings of the administrative agency;
13 (3) to allow substitution of parties by reason of
14 marriage, death, bankruptcy, assignment or other cause;
15 (4) to dismiss parties, to correct misnomers,
16 including any erroneous identification of the
17 administrative agency that was made in good faith, to
18 realign parties, or to join agencies or parties;
19 (5) to affirm or reverse the decision in whole or in
20 part;
21 (5.3) to hold unlawful and set aside administrative
22 decisions found to be:
23 (A) arbitrary, capricious, an abuse of discretion,
24 or otherwise not in accordance with law;
25 (B) contrary to constitutional right, power,
26 privilege, or immunity;

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1 (C) in excess of statutory jurisdiction,
2 authority, or limitations, or short of statutory
3 right;
4 (D) without observance of procedure required by
5 law; or
6 (E) unsupported by substantial evidence;
7 (5.5) to compel agency action unlawfully withheld or
8 unreasonably delayed;
9 (6) where a hearing has been held by the agency, to
10 reverse and remand the decision in whole or in part, and,
11 in that case, to state the questions requiring further
12 hearing or proceedings and to give such other instructions
13 as may be proper;
14 (7) where a hearing has been held by the agency, to
15 remand for the purpose of taking additional evidence when
16 from the state of the record of the administrative agency
17 or otherwise it shall appear that such action is just.
18 However, no remandment shall be made on the ground of newly
19 discovered evidence unless it appears to the satisfaction
20 of the court that such evidence has in fact been discovered
21 subsequent to the termination of the proceedings before the
22 administrative agency and that it could not by the exercise
23 of reasonable diligence have been obtained at such
24 proceedings; and that such evidence is material to the
25 issues and is not cumulative;
26 (8) in case of affirmance or partial affirmance of an

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1 administrative decision which requires the payment of
2 money, to enter judgment for the amount justified by the
3 record and for costs, which judgment may be enforced as
4 other judgments for the recovery of money;
5 (9) when the particular statute under authority of
6 which the administrative decision was entered requires the
7 plaintiff to file a satisfactory bond and provides for the
8 dismissal of the action for the plaintiff's failure to
9 comply with this requirement unless the court is authorized
10 by the particular statute to enter, and does enter, an
11 order imposing a lien upon the plaintiff's property, to
12 take such proofs and to enter such orders as may be
13 appropriate to carry out the provisions of the particular
14 statute. However, the court shall not approve the bond, nor
15 enter an order for the lien, in any amount which is less
16 than that prescribed by the particular statute under
17 authority of which the administrative decision was entered
18 if the statute provides what the minimum amount of the bond
19 or lien shall be or provides how said minimum amount shall
20 be determined. No such bond shall be approved by the court
21 without notice to, and an opportunity to be heard thereon
22 by, the administrative agency affected. The lien, created
23 by the entry of a court order in lieu of a bond, shall not
24 apply to property exempted from the lien by the particular
25 statute under authority of which the administrative
26 decision was entered. The lien shall not be effective

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1 against real property whose title is registered under the
2 provisions of the Registered Titles (Torrens) Act until the
3 provisions of Section 85 of that Act are complied with.
4 (b) Technical errors in the proceedings before the
5administrative agency or its failure to observe the technical
6rules of evidence shall not constitute grounds for the reversal
7of the administrative decision unless it appears to the court
8that such error or failure materially affected the rights of
9any person party and resulted in substantial injustice to him
10or her.
11 (c) On motion of either party to the judicial proceeding,
12the circuit court shall make findings of fact or state the
13propositions of law upon which its judgment is based.
14 (d) The changes to this Section made by Public Act 95-831
15apply to all actions filed on or after August 21, 2007 (the
16effective date of Public Act 95-831). The changes made by this
17amendatory Act of the 100th General Assembly apply to all
18actions filed on or after the effective date of this amendatory
19Act of the 100th General Assembly.
20(Source: P.A. 100-212, eff. 8-18-17.)
21 (735 ILCS 5/3-113)
22 Sec. 3-113. Direct review of administrative orders by the
23appellate court.
24 (a) Unless another time is provided specifically by the law
25authorizing the review, an action for direct review of a final

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1administrative decision of an administrative agency by the
2appellate court shall be commenced by the filing of a petition
3for review in the appellate court within 35 days from the date
4that a copy of the decision sought to be reviewed was served
5upon the party affected by the decision. The method of service
6of the decision shall be as provided in the Act governing the
7procedure before the administrative agency, but if no method is
8provided, a decision shall be deemed to have been served either
9when a copy of the decision is personally delivered or when a
10copy of the decision is deposited in the United States mail, in
11a sealed envelope or package, with postage prepaid, addressed
12to the party affected by the decision at his or her last known
13residence or place of business.
14 (b) The petition for review shall be filed in the appellate
15court and shall specify the persons parties seeking review and
16shall designate the respondent and the order or part thereof to
17be reviewed. The administrative agency and all persons, other
18than the petitioner, who were parties of record to the
19proceedings before the administrative agency shall be made
20respondents, unless the party of record is the plaintiff. The
21method of service of the decision shall be as provided in the
22Act governing the procedure before the administrative agency,
23but if no method is provided, a decision shall be deemed to
24have been served either when a copy of the decision is
25personally delivered or when a copy of the decision is
26deposited in the United States mail, in a sealed envelope or

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1package, with postage prepaid, addressed to the party affected
2by the decision at his or her last known residence or place of
3business. The form of the summons and the issuance of alias
4summons shall be according to rules of the Supreme Court.
5 If, during the course of a review action, the court
6determines that an agency or a party of record to the
7administrative proceedings was not made a defendant as required
8by the preceding paragraph, then the court shall grant the
9plaintiff 35 days from the date of the determination in which
10to name and serve the unnamed agency or party as a defendant.
11The court shall permit the newly served defendant to
12participate in the proceedings to the extent the interests of
13justice may require.
14 (c) The changes to this Section made by this amendatory Act
15of the 95th General Assembly apply to all actions filed on or
16after the effective date of this amendatory Act of the 95th
17General Assembly.
18(Source: P.A. 95-831, eff. 8-14-08.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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