Bill Text: IL HB5234 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Administrative Procedure Act. Provides that notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses. Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-02-16 - Referred to Rules Committee [HB5234 Detail]

Download: Illinois-2017-HB5234-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5234

Introduced , by Rep. Peter Breen

SYNOPSIS AS INTRODUCED:
5 ILCS 100/10-25 from Ch. 127, par. 1010-25
5 ILCS 100/10-50 from Ch. 127, par. 1010-50
5 ILCS 100/10-75 new

Amends the Illinois Administrative Procedure Act. Provides that notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than 2 secondary electronic mail addresses. Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified Sections may be transmitted. Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission.
LRB100 18760 RJF 33995 b

A BILL FOR

HB5234LRB100 18760 RJF 33995 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 10-25 and 10-50 and by adding
6Section 10-75 as follows:
7 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
8 Sec. 10-25. Contested cases; notice; hearing.
9 (a) In a contested case, all parties shall be afforded an
10opportunity for a hearing after reasonable notice. The notice
11shall be served personally, served or by certified or
12registered mail, served by electronic mail, or served as
13otherwise provided by law upon the parties or their agents
14appointed to receive service of process and shall include the
15following:
16 (1) A statement of the time, place, and nature of the
17 hearing.
18 (2) A statement of the legal authority and jurisdiction
19 under which the hearing is to be held.
20 (3) A reference to the particular Sections of the
21 substantive and procedural statutes and rules involved.
22 (4) Except where a more detailed statement is otherwise
23 provided for by law, a short and plain statement of the

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1 matters asserted, the consequences of a failure to respond,
2 and the official file or other reference number.
3 (5) The names and mailing addresses of the
4 administrative law judge, all parties, and all other
5 persons to whom the agency gives notice of the hearing
6 unless otherwise confidential by law.
7 (b) An opportunity shall be afforded all parties to be
8represented by legal counsel and to respond and present
9evidence and argument.
10 (c) Unless precluded by law, disposition may be made of any
11contested case by stipulation, agreed settlement, consent
12order, or default.
13(Source: P.A. 87-823.)
14 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
15 Sec. 10-50. Decisions and orders.
16 (a) A final decision or order adverse to a party (other
17than the agency) in a contested case shall be in writing or
18stated in the record. A final decision shall include findings
19of fact and conclusions of law, separately stated. Findings of
20fact, if set forth in statutory language, shall be accompanied
21by a concise and explicit statement of the underlying facts
22supporting the findings. If, in accordance with agency rules, a
23party submitted proposed findings of fact, the decision shall
24include a ruling upon each proposed finding. Parties or their
25agents appointed to receive service of process shall be

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1notified either personally, or by registered or certified mail,
2or by electronic mail of any decision or order. Upon request a
3copy of the decision or order shall be delivered or mailed
4forthwith to each party and to his attorney of record.
5 (b) All agency orders shall specify whether they are final
6and subject to the Administrative Review Law. Every final order
7shall contain a list of all parties of record to the case
8including the name and address of the agency or officer
9entering the order and the addresses of each party as known to
10the agency where the parties may be served with pleadings,
11notices, or service of process for any review or further
12proceedings. Every final order shall also state whether the
13rules of the agency require any motion or request for
14reconsideration and cite the rule for the requirement. The
15changes made by this amendatory Act of the 100th General
16Assembly apply to all actions filed under the Administrative
17Review Law on or after the effective date of this amendatory
18Act of the 100th General Assembly.
19 (c) A decision by any agency in a contested case under this
20Act shall be void unless the proceedings are conducted in
21compliance with the provisions of this Act relating to
22contested cases, except to the extent those provisions are
23waived under Section 10-70 and except to the extent the agency
24has adopted its own rules for contested cases as authorized in
25Section 1-5.
26(Source: P.A. 100-212, eff. 8-18-17.)

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1 (5 ILCS 100/10-75 new)
2 Sec. 10-75. Service by electronic mail.
3 (a) An agency may require all attorneys to designate an
4electronic mail address to which all documents required under
5Sections 10-25 and 10-50 may be transmitted. If required to
6designate an electronic mail address, an attorney must
7designate one primary electronic mail address, and may
8designate no more than 2 secondary electronic mail addresses.
9 (b) An agency may request, but not require, an
10unrepresented party to designate an electronic mail address to
11which all documents required under Sections 10-25 and 10-50 may
12be transmitted. An agency may by rule make electronic mail the
13default option for service of documents.
14 (c) Service by electronic mail is complete on the first
15business day following transmission.
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