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 email. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by email of any decision or order in that case. Provides for specified requirements for the consent of service by email. Provides that an agency may request, but not require, unless otherwise required by law, an unrepresented party to designate an email address to which specified documents may be transmitted. Provides that no document described in specified provisions may be served by email to the extent the documents contains certain specified information. Provides that service by email is deemed complete on the day of transmission. Provides that agencies that use email to service documents shall adopt rules that specify the standard for confirming delivery, and in failure to confirm delivery, what steps the agency will take to ensure that service by email or other means is accomplished.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0880
[SB2644 Detail]Download: Illinois-2017-SB2644-Chaptered.html
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Public Act 100-0880
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SB2644 Enrolled | LRB100 17102 RJF 32254 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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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.
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(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 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:
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(1) A statement of the time, place, and nature of the
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hearing.
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(2) A statement of the legal authority and jurisdiction |
under
which the hearing is to be held.
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(3) A reference to the particular Sections of the |
substantive and
procedural statutes and
rules involved.
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(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.
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(5) To the extent such information is available, the |
The names , phone numbers, email addresses, and mailing |
addresses of the administrative law judge, or designated |
agency contact,
all parties, and all other persons to whom |
the agency gives notice of the
hearing unless otherwise |
confidential by law.
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(b) An opportunity shall be afforded all parties to be |
represented by
legal counsel and to respond and present |
evidence and argument.
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(c) Unless precluded by law, disposition may be made of any |
contested
case by stipulation, agreed settlement, consent |
order, or default.
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(Source: P.A. 87-823 .)
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(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
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Sec. 10-50. Decisions and orders.
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(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
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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 |
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agents appointed to receive
service of process shall be |
notified either personally , or by registered or
certified mail , |
or by email as provided by Section 10-75, or as otherwise |
provided by law 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.
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(b) All agency orders shall specify whether they are final |
and subject
to the Administrative Review Law. Every final order |
shall contain a list of all parties of record to the case |
including the name and address of the agency or officer |
entering the order and the addresses of each party as known to |
the agency where the parties may be served with pleadings, |
notices, or service of process for any review or further |
proceedings. Every final order shall also state whether the |
rules of the agency require any motion or request for |
reconsideration and cite the rule for the requirement. The |
changes made by this amendatory Act of the 100th General |
Assembly apply to all actions filed under the Administrative |
Review Law on or after the effective date of this amendatory |
Act of the 100th General Assembly.
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(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 |
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Section
1-5.
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(Source: P.A. 100-212, eff. 8-18-17.)
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(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 shall 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 |
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 persons or entities consent to service by email of the |
documents described in Sections 10-25 and 10-50 for any |
hearings that may arise 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 |
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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 |
designated, an agency must serve the documents to both the |
designated primary and secondary email addresses. |
(b) Notwithstanding any party's consent to accept service |
by email, no document described in Sections 10-25 or 10-50 may |
be served by email to the extent the document contains: |
(1) a Social Security or individual taxpayer |
identification number; |
(2) a driver's license number; |
(3) a financial account number; |
(4) a debit or credit card number; |
(5) any other information that could reasonably be |
deemed personal, proprietary, confidential, or trade |
secret information; or |
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(6) any information about or concerning a minor. |
(c) Service by email is deemed complete on the day of |
transmission. Agencies that use email to serve documents under |
Sections 10-25 and 10-50 shall adopt rules that specify the |
standard for confirming delivery, and in failure to confirm |
delivery, what steps the agency will take to ensure that |
service by email or other means is accomplished. |
(d) This Section shall not apply with respect to any |
service of notice other than under this Act.
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