(5 ILCS 100/10-75)

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 he or she 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 Section 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, except if such document is issued by the Secretary of State;

(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.

(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19; 101-185, eff. 1-1-20.)