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| Public Act 103-1056
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| HB5172 Enrolled | LRB103 38136 MXP 68268 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by changing Sections 10-10, 10-25, and 10-70 and by |
adding Section 10-25.1 as follows:
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(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, procedures for requesting and |
receiving language access services, subpoena request |
procedures, discovery and protective order procedures, and any |
review or appeal process within the agency. |
(Source: P.A. 87-823.)
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(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. 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) An enclosure written in, at a minimum, English, |
Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish, |
Russian, Spanish, Tagalog, Urdu, Ukrainian, and |
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Vietnamese, which notifies the recipient of the ability |
for a party or the recipient's agent to request |
interpretive assistance to participate in or understand |
the hearing and to receive language access services for |
translating the contents of the notice. A request to |
receive a written or sight translation of the notice must |
be made within 7 days of service of the notice. |
(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. |
(d) Language access services and interpretive assistance |
provided in contested hearings shall be, at a minimum, in |
accordance with this Act, and as otherwise provided for in any |
law or rule governing an agency's contested hearings. |
(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(5 ILCS 100/10-25.1 new) |
Sec. 10-25.1. Language access services. |
(a) As used in this Article: |
"Foreign language interpreter" means a person who is |
fluent in both English and another language, who listens to a |
communication in one language and orally converts it into |
another language while retaining the same meaning, and who |
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either (i) has satisfied the certification requirement set |
forth in Section 8a.2 of the Personnel Code or (ii) has been |
contracted with by the State or an agency to provide |
interpretive assistance in administrative hearings. A foreign |
language interpreter need not be physically present to provide |
interpretive assistance. |
"Indigent person" has the meaning given in subdivision |
(a)(2) of Section 5-105 of the Code of Civil Procedure. |
"Interpretive assistance" means services that involve |
listening to a communication in one language and orally |
converting that communication into another language while |
retaining the same meaning. |
"Language access services" means the full spectrum of |
language services available to provide meaningful access to |
the programs and services for limited English proficient |
persons, including, but not limited to, in-person interpreter |
services, telephonic and video remote interpreter services, |
translation of written materials, and bilingual staff |
services. |
"Limited English proficient person" means someone who |
speaks a language other than English as his or her primary |
language and has a limited ability to read, write, speak, or |
understand English and requires the assistance of a foreign |
language interpreter to effectively communicate in a legal |
proceeding. |
"Nonsubstantive hearing" means a hearing to discuss |
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hearing rules, hearing processes, hearing procedures, and |
hearing scheduling. A hearing in which a substantive ruling is |
made is not a nonsubstantive hearing. |
"Sight translation" means the conversion of written text |
in one language into another spoken language. |
"Substantive hearing" means a hearing in which a |
substantive ruling may be made. "Substantive hearing" includes |
a prehearing conference or formal hearing in which testimony |
or evidence is being taken. |
"Substantive ruling" means a ruling that directly relates |
to the merits of the case and does not include explanation of |
hearing rules, hearing processes, hearing procedures, or |
hearing scheduling. |
"Translator" means a person who converts written text from |
one language into written text in another language. |
"Written translation" means a conversion of written text |
from one language into written text in another language. |
(b) A self-represented litigant, a witness, or a litigant |
who is an indigent person has the right to request |
interpretive assistance to participate in or understand a |
hearing at any time during the course of the hearing. If no |
request is made but the administrative law judge reasonably |
believes that a self-represented litigant or witness is a |
limited English proficient person, the administrative law |
judge shall inquire if the individual is in need of |
interpretive assistance to participate in or understand the |
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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 interpretive |
assistance from a foreign language interpreter. The conclusion |
of the administrative law judge regarding the need for |
interpretive assistance must be stated in the record. |
(c) If interpretive assistance is requested by a |
self-represented litigant, a witness, or a litigant who is an |
indigent person or if interpretive assistance is determined to |
be necessary by the administrative law judge, the agency must |
appoint a foreign language interpreter at no cost to the |
person in need of the assistance for use in a substantive |
hearing. If it appears that interpretive assistance is needed |
but a foreign language interpreter is not available for the |
scheduled substantive hearing, the administrative law judge |
shall continue or postpone the hearing until appropriate |
services can be provided. In a substantive hearing, an |
interpreter who is not a foreign language interpreter should |
be appointed only if the agency made reasonable efforts to |
obtain a foreign language interpreter and one is not |
reasonably available. If the agency appoints an interpreter |
who is not a foreign language interpreter, the administrative |
law judge must examine the interpreter to ensure the |
interpreter is competent to interpret in the hearing, has |
proficiency in English and the applicable foreign language, |
and does not present a conflict of interest. |
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(d) An agency may provide interpretive assistance during a |
nonsubstantive hearing by use of an interpreter who is not a |
foreign language interpreter, provided the administrative law |
judge examines the interpreter for competency for the purposes |
of the non-substantive hearing. |
(e) All persons appointed to provide interpretive |
assistance in substantive and nonsubstantive hearings must |
swear or affirm that they: |
(1) will make a true interpretation, from the English |
language, in an understandable manner to the limited |
English proficient person for whom the interpreter has |
been appointed; |
(2) will repeat the statements of the limited English |
proficient person, in the English language, to the best of |
the interpreter's ability; |
(3) have 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 an appointed interpreter is not accurately |
interpreting communications, the limited English proficient |
person, or that person's attorney or authorized |
representative, if an authorized representative is permitted |
under agency rules, may request the appointment of a different |
interpreter, subject to the approval of the administrative law |
judge. |
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(g) An agency may adopt rules for the implementation and |
administration of this Section. Nothing in this Section |
precludes an agency from providing language access services in |
addition to those required under this Section to any limited |
English proficient person, subject to agency discretion.
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(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) To waive any of the provisions relating to language |
access services under Sections 10-25 and 10-25.1, the parties |
must provide a signed written stipulation in both English and |
the preferred language of the party in need of language |
assistance. |
(c) A written stipulation waiving the language access |
service provisions of Sections 10-25 and 10-25.1 of this Act |
may be withdrawn by the limited English proficient person at |
any time. The withdrawal may be made by oral declaration at |
hearing or in a written declaration. Following such a |
withdrawal, the remainder of the proceeding must be conducted |
in accordance with Sections 10-25 and 10-25.1. |
(Source: P.A. 87-823.)
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