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

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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.

Sponsorship: Partisan Bill (Republican 3)

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

Download: Illinois-2017-SB0951-Engrossed.html

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AN ACT concerning 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 10-25 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, or by certified or registered mail,
email as required in 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,

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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
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,

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or by email as required in Section 10-75 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 email.
(a) The following requirements shall apply for consenting
to accept service by email:
(1) At any time either before or after its issuance of
a hearing notice as described in Section 10-25, an agency
may require any attorney representing a party to the
hearing to provide one or more email addresses at which
they consent to accept service of documents described in
Sections 10-25 and 10-50 in connection with the hearing. A
party represented by an attorney may provide the email

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address of the attorney.
(2) To the extent a person or entity is subject to
licensure, permitting, or regulation by the agency, or
submits an application for licensure or permitting to the
agency, that agency may require, as a condition of such
application, licensure, permitting, or regulation, that
such unrepresented persons or entities consent to service
by email of documents described in Sections 10-25 and 10-50
in connection with any hearings that may arise under this
Section in connection with such application, licensure or
regulation, provided that the agency: (i) requires that any
person or entity providing such an email address update
that email address if it is changed; and (ii) annually
verifies that email address.
(3) At any time either before or after its issuance of
a hearing notice as described in Section 10-25, an agency
may request, but not require, an unrepresented party that
is not subject to paragraph (2) of this subsection (a) to
consent to accept service by email of the documents
described in Sections 10-25 and 10-50 by designating an
email address at which they will accept service.
(4) Any person or entity who submits an email address
under this Section shall also be given the option to
designate no more than two secondary email addresses at
which the person or entity consents to accept service,
provided that, if any secondary email address is

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