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

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 3-0)

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

Download: Illinois-2017-SB0951-Engrossed.html

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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, or by certified or registered mail,
12email as required in Section 10-75, or as otherwise provided by
13law upon the parties or their agents appointed to receive
14service of process and shall include the following:
15 (1) A statement of the time, place, and nature of the
16 hearing.
17 (2) A statement of the legal authority and jurisdiction
18 under which the hearing is to be held.
19 (3) A reference to the particular Sections of the
20 substantive and procedural statutes and rules involved.
21 (4) Except where a more detailed statement is otherwise
22 provided for by law, a short and plain statement of the
23 matters asserted, the consequences of a failure to respond,

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

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1or by email as required in Section 10-75 of any decision or
2order. Upon request a copy of the decision or order shall be
3delivered or mailed forthwith to each party and to his attorney
4of record.
5 (b) All agency orders shall specify whether they are final
6and subject to the Administrative Review Law.
7 (c) A decision by any agency in a contested case under this
8Act shall be void unless the proceedings are conducted in
9compliance with the provisions of this Act relating to
10contested cases, except to the extent those provisions are
11waived under Section 10-70 and except to the extent the agency
12has adopted its own rules for contested cases as authorized in
13Section 1-5.
14(Source: P.A. 92-16, eff. 6-28-01.)
15 (5 ILCS 100/10-75 new)
16 Sec. 10-75. Service by email.
17 (a) The following requirements shall apply for consenting
18to accept service by email:
19 (1) At any time either before or after its issuance of
20 a hearing notice as described in Section 10-25, an agency
21 may require any attorney representing a party to the
22 hearing to provide one or more email addresses at which
23 they consent to accept service of documents described in
24 Sections 10-25 and 10-50 in connection with the hearing. A
25 party represented by an attorney may provide the email

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

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