Public Act 100-0212
 
SB0584 EnrolledLRB100 03920 RJF 13925 b


  
    AN ACT concerning civil law.
  
 
    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 Section 10-50 as follows:
 



    (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 
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. 92-16, eff. 6-28-01.)

 
    Section 10. The Code of Civil Procedure is amended  by 
changing Sections 3-107 and 3-111 as follows:
 



    (735 ILCS 5/3-107)  (from Ch. 110, par. 3-107)



    Sec. 3-107. Defendants. 

    (a) Except as provided in subsection (b) or (c), in any 
action to review any final
decision of an administrative 
agency, the administrative agency and all
persons, other than 
the plaintiff, who were parties of record to the
proceedings 
before the
administrative agency shall be made defendants. The 
method of service of the decision shall be as provided in the 
Act governing the procedure before the administrative agency, 
but if no method is provided, a decision shall be deemed to 
have been served either when a copy of the decision is 
personally delivered or when a copy of the decision is 
deposited in the United States mail, in a sealed envelope or 
package, with postage prepaid, addressed to the party affected 
by the decision at his or her last known residence or place of 
business.  The form of the summons and the issuance of alias 
summons shall be according to rules of the Supreme Court.

    No action for administrative review shall be dismissed for 
lack of
jurisdiction: (1) based upon misnomer of an agency, 
board, commission, or party that is properly served with 
summons that was issued in the action within the applicable 
time limits; or (2) for a the failure to name an employee, 
agent, or member, who
acted in his or her official capacity, of 
an administrative agency, board,
committee, or government 
entity, where a timely action for administrative review has 
been filed that identifies the final administrative decision 
under review and that makes a good faith effort to properly 
name the administrative agency, board,
committee, or 
government entity, has been named as a defendant as provided in

this Section.  Naming the director or agency head, in his or her 
official
capacity, shall be deemed to include as defendant the 
administrative agency,
board, committee, or government entity 
that the named defendants direct or
head.  No action for 
administrative review shall be dismissed for lack of

jurisdiction based upon the failure to name an administrative 
agency, board,
committee, or government entity, where the 
director or agency head, in his or
her official capacity, has 
been named as a defendant as provided in this
Section.

    If, during the course of a review action, the court 
determines that an agency or a party
of record to the 
administrative proceedings was not made a defendant as
required 
by the preceding paragraph, then the
court shall grant the 
plaintiff 35 days from the date of the determination in
which 
to name and serve the unnamed agency or party as a defendant.  
The court shall
permit the newly served defendant to 
participate in the proceedings to the
extent the interests of 
justice may require.

    (b) With respect to actions to review decisions of a zoning 
board of
appeals in a municipality with a population of 500,000 
or more inhabitants
under Division 13 of Article 11 of the 
Illinois Municipal Code, "parties of
record" means only the 
zoning board of appeals and applicants before the
zoning board 
of appeals.  The plaintiff shall send a notice of filing of
the 
action by certified mail to each other person who appeared 
before and
submitted oral testimony or written statements to 
the zoning board of
appeals with respect to the decision 
appealed from.  The notice shall be
mailed within 2 days of the 
filing of the action.  The notice shall state
the caption of the 
action, the court in which the action is filed, and the
names 
of the plaintiff in the action and the applicant to the zoning 
board
of appeals.  The notice shall inform the person of his or 
her right to
intervene.  Each person who appeared before and 
submitted oral testimony
or written statements to the zoning 
board of appeals with respect to the
decision appealed from 
shall have a right to intervene as a defendant in
the action 
upon application made to the court within 30 days of the 
mailing
of the notice.

    (c) With respect to actions to review decisions of a 
hearing officer or a county zoning board of appeals  under 
Division 5-12 of Article 5 of the Counties Code, "parties of 
record" means only the hearing officer or the zoning board of 
appeals and applicants before the hearing officer or the zoning 
board of appeals. The plaintiff shall send a notice of filing 
of the action by certified mail to each other person who 
appeared before and submitted oral testimony or written 
statements to the hearing officer or the zoning board of 
appeals with respect to the decision appealed from. The notice 
shall be mailed within 2 days of the filing of the action. The 
notice shall state the caption of the action, the court in 
which the action is filed, and the name of the plaintiff in the 
action and the applicant to the hearing officer or the  zoning 
board of appeals. The notice shall inform the person of his or 
her right to intervene. Each person who appeared before and 
submitted oral testimony or written statements to the hearing 
officer or the zoning board of appeals with respect to the 
decision appealed from shall have a right to intervene as a 
defendant in the action upon application made to the court 
within 30 days of the mailing of the notice. This subsection 
(c) applies to zoning proceedings commenced on or after July 1, 
2007 (the effective date of Public Act 95-321) this amendatory 
Act of the 95th General Assembly.

    (d) The changes to this Section made  by Public Act 
95-831 this amendatory Act of the 95th General Assembly apply to 
all actions filed on or after August 21, 2007 (the effective 
date of Public Act 95-831) this amendatory Act of the 95th 
General Assembly. The changes made by this amendatory Act of 
the 100th General Assembly apply to all actions filed on or 
after the effective date of this amendatory Act of the 100th 
General Assembly. 
(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)

 



    (735 ILCS 5/3-111)  (from Ch. 110, par. 3-111)


    Sec. 3-111. Powers of circuit court. 

    (a) The Circuit Court has power:


        (1) with or without requiring bond (except if otherwise 
    provided in
the particular statute under authority of which 
    the administrative
decision was entered), and before or 
    after answer filed, upon notice to
the agency and good 
    cause shown, to stay the decision of the
administrative 
    agency in whole or in part pending the final disposition
of 
    the case.  For the purpose of this subsection, "good cause" 
    requires the
applicant to show (i) that an immediate stay 
    is required in order to preserve
the status quo without 
    endangering the public, (ii) that it is not contrary to

    public policy, and (iii) that there exists a reasonable 
    likelihood of success
on the merits;


        (2) to make any order that it deems proper for the 
    amendment,
completion or filing of the record of 
    proceedings of the administrative
agency;


        (3) to allow substitution of parties by reason of 
    marriage, death,
bankruptcy, assignment or other cause;


        (4) to dismiss parties, to correct misnomers, 
    including any erroneous identification of the 
    administrative agency that was  made in good faith, to 
    realign parties, or to join agencies or parties;


        (5) to affirm or reverse the decision in whole or in 
    part;


        (6) where a hearing has been held by the agency, to 
    reverse and
remand the decision in whole or in part, and, 
    in that case, to
state the questions requiring further 
    hearing or proceedings and to give such
other instructions 
    as may be proper;


        (7) where a hearing has been held by the agency, to 
    remand for the
purpose of taking additional evidence when 
    from the state of the record
of the administrative agency 
    or otherwise it shall appear that such
action is just. 
    However, no remandment shall be made on the ground of
newly 
    discovered evidence unless it appears to the satisfaction 
    of the
court that such evidence has in fact been discovered 
    subsequent to the
termination of the proceedings before the 
    administrative agency and that
it could not by the exercise 
    of reasonable diligence have been obtained
at such 
    proceedings; and that such evidence is material to the 
    issues
and is not cumulative;


        (8) in case of affirmance or partial affirmance of an 
    administrative
decision which requires the payment of 
    money, to enter judgment for the
amount justified by the 
    record and for costs, which judgment may be enforced
as 
    other judgments for the recovery of money;


        (9) when the particular statute under authority of 
    which the
administrative decision was entered requires the 
    plaintiff to file a
satisfactory bond and provides for the 
    dismissal of the action for the
plaintiff's failure to 
    comply with this requirement unless the court is
authorized 
    by the particular statute to enter, and does enter, an 
    order
imposing a lien upon the plaintiff's property, to 
    take such proofs and
to enter such orders as may be 
    appropriate to carry out the provisions
of the particular 
    statute.  However, the court shall not
approve the bond, nor 
    enter an order for the lien, in any amount which
is less 
    than that prescribed by the particular statute under 
    authority
of which the administrative decision was entered 
    if the statute
provides what the minimum amount of the bond 
    or lien shall be or
provides how said minimum amount shall 
    be determined.
No such bond shall be approved by the court 
    without notice
to, and an opportunity to be heard thereon 
    by, the administrative agency
affected.  The lien, created 
    by the entry of a court
order in lieu of a bond, shall not 
    apply to property exempted from the
lien by the particular 
    statute under authority of which the
administrative 
    decision was entered. The lien shall not be effective

    against real property whose title is registered under the 
    provisions of
the Registered Titles (Torrens) Act until
the 
    provisions of Section 85 of that Act are complied with.

    (b) Technical errors in the proceedings before the 
administrative
agency or its failure to observe the technical 
rules of evidence shall
not constitute grounds for the reversal 
of the administrative decision
unless it appears to the court 
that such error or failure
materially affected the rights of 
any party and resulted in substantial
injustice to him or her.

    (c) On motion of either party, the circuit court shall make 
findings
of fact or state the propositions of law upon which 
its judgment is
based.

    (d) The changes to this Section made by Public Act 95-831 
this amendatory Act of the 95th General Assembly apply to all 
actions filed on or after August 21, 2007 (the effective date 
of Public Act 95-831) this amendatory Act of the 95th General 
Assembly. The changes made by this amendatory Act of the 100th 
General Assembly apply to all actions filed on or after the 
effective date of this amendatory Act of the 100th General 
Assembly. 
(Source: P.A. 95-831, eff. 8-14-08.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.