Public Act 100-0880
SB2644 EnrolledLRB100 17102 RJF 32254 b
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 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
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.
(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,
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.
(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.
(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. 100-212, eff. 8-18-17.)
(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
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
(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.