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Illinois General Assembly· SB 2870Governor Approved

CIV PRO-COMMENCEMENT OF ACTION, the official text

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SB2870 Enrolled                     LRB104 16699 JRC 30103 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Administrative Procedure Act is

5 amended by changing Sections 10-25 and 10-50 as follows:

6   (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)

7   Sec. 10-25. Contested cases; notice; hearing.

8   (a) In a contested case, all parties shall be afforded an

9 opportunity for a hearing after reasonable notice. The notice

10 shall be served personally, by certified or registered mail,

11 by email as provided by Section 10-75, or as otherwise

12 provided by law upon the parties, their attorneys, or their

13 other agents appointed to receive service of process as

14 reflected in the administrative record and shall include the

15 following:

16  (1) A statement of the time, place, and nature of the

17  hearing.

18  (2) A statement of the legal authority and

19  jurisdiction 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

23  otherwise provided for by law, a short and plain statement
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1   of the matters asserted, the consequences of a failure to

2   respond, and the official file or other reference number.

3   (5) To the extent such information is available, the

4   names, phone numbers, email addresses, and mailing

5   addresses of the administrative law judge or designated

6   agency contact, the parties, and all other persons to whom

7   the agency gives notice of the hearing unless otherwise

8   confidential by law.

9   (6) An enclosure written in, at a minimum, English,

10  Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,

11  Russian, Spanish, Tagalog, Urdu, Ukrainian, and

12  Vietnamese, which notifies the recipient of the ability

13  for a party or the recipient's agent to request

14  interpretive assistance to participate in or understand

15  the hearing and to receive language access services for

16  translating the contents of the notice. A request to

17  receive a written or sight translation of the notice must

18  be made within 7 days of service of the notice.

19  (b) An opportunity shall be afforded all parties to be

20 represented by legal counsel and to respond and present

21 evidence and argument.

22  (c) Unless precluded by law, disposition may be made of

23 any contested case by stipulation, agreed settlement, consent

24 order, or default.

25  (d) Language access services and interpretive assistance

26 provided in contested hearings shall be, at a minimum, in
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1 accordance with this Act, and as otherwise provided for in any
2 law or rule governing an agency's contested hearings.
3 (Source: P.A. 103-1056, eff. 7-1-25.)

4  (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)

5  Sec. 10-50. Decisions and orders.

6  (a) A final decision or order adverse to a party (other

7 than the agency) in a contested case shall be in writing or

8 stated in the record. A final decision shall include findings

9 of fact and conclusions of law, separately stated. Findings of

10 fact, if set forth in statutory language, shall be accompanied

11 by a concise and explicit statement of the underlying facts

12 supporting the findings. If, in accordance with agency rules,

13 a party submitted proposed findings of fact, the decision

14 shall include a ruling upon each proposed finding. Parties,

15 their attorneys, or their other agents appointed to receive

16 service of process as reflected in the administrative record

17 shall be notified and provided a copy of the decision or order

18 either personally, by registered or certified mail, by email

19 as provided by Section 10-75, or as otherwise provided by law.

20 In addition, Upon request a copy of the decision or order shall

21 be delivered or mailed by first-class regular United States

22 mail forthwith to each party and to the party's his attorney of

23 record. This mailing requirement does not apply to a party's

24 attorney or a party's other agent, or a self-represented

25 litigant who has elected to use an agency's electronic filing
    SB2870 Enrolled           -4-      LRB104 16699 JRC 30103 b

1 system or has accepted service by email, when the decision or

2 order is made available for electronic retrieval through an

3 electronic filing system or has been served by email as

4 otherwise provided by law.

5   (b) All agency orders shall specify whether they are final

6 and subject to the Administrative Review Law. Every final

7 order shall contain a list of all parties of record to the case

8 including the name and address of the agency or officer

9 entering the order and the addresses of each party as known to

10 the agency where the parties may be served with pleadings,

11 notices, or service of process for any review or further

12 proceedings. Every final order shall also state whether the

13 rules of the agency require any motion or request for

14 reconsideration and cite the rule for the requirement. The

15 changes made by this amendatory Act of the 100th General

16 Assembly apply to all actions filed under the Administrative

17 Review Law on or after the effective date of this amendatory

18 Act of the 100th General Assembly.

19  (c) A decision by any agency in a contested case under this

20 Act shall be void unless the proceedings are conducted in

21 compliance with the provisions of this Act relating to

22 contested cases, except to the extent those provisions are

23 waived under Section 10-70 and except to the extent the agency

24 has adopted its own rules for contested cases as authorized in

25 Section 1-5.

26 (Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
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1 101-81, eff. 7-12-19.)

2   Section 10. The Code of Civil Procedure is amended by

3 changing Section 3-103 as follows:

4   (735 ILCS 5/3-103) (from Ch. 110, par. 3-103)

5   Sec. 3-103. Commencement of action. Every action to review

6 a final administrative decision shall be commenced by the

7 filing of a complaint and the issuance of summons within 35

8 days after from the date that a copy of the decision sought to

9 be reviewed was served upon the party affected by the

10 decision, except that in municipalities with a population of

11 500,000 or less a complaint filed within the time limit

12 established by this Section may be subsequently amended to add

13 a police chief or a fire chief in cases brought under the

14 Illinois Municipal Code's provisions providing for the

15 discipline of fire fighters and police officers.

16  The method of service of the decision shall be as provided

17 in the Act governing the procedure before the administrative

18 agency, but if no method is provided, a decision shall be

19 deemed to have been served upon the party either when a copy of

20 the decision is served as provided by Section 10-50 of the

21 Illinois Administrative Procedure Act personally delivered or

22 when a copy of the decision is deposited in the United States

23 mail, in a sealed envelope or package, with postage prepaid,

24 addressed to the party affected by the decision at his or her
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1 last known residence or place of business. The decision must

2 also be sent to the party's attorney as provided in Section

3 10-50 of the Illinois Administrative Procedure Act.

4   The form of the summons and the issuance of alias summons

5 shall be according to rules of the Supreme Court.

6   This amendatory Act of 1993 applies to all cases involving

7 discipline of fire fighters and police officers pending on its

8 effective date and to all cases filed on or after its effective

9 date.

10  The changes to this Section made by this amendatory Act of

11 the 95th General Assembly apply to all actions filed on or

12 after the effective date of this amendatory Act of the 95th

13 General Assembly.

14 (Source: P.A. 95-831, eff. 8-14-08.)

15  Section 99. Effective date. This Act takes effect upon

16 becoming law.
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