093_HB3632

 
                                     LRB093 10916 RCE 11445 b

 1        AN ACT concerning administrative review.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Administrative Review Law of the  Code  of
 5    Civil  Procedure  is  amended  by  changing  Section 3-112 as
 6    follows:

 7        (735 ILCS 5/3-112) (from Ch. 110, par. 3-112)
 8        Sec. 3-112. Appeals.
 9        (a)  A final decision, order, or judgment of the  Circuit
10    Court,  entered  in  an  action  to  review  a decision of an
11    administrative agency, is reviewable by appeal  as  in  other
12    civil cases.
13        (b)  If  (i)  a  plaintiff  substantially prevails in the
14    Circuit Court, (ii) a defendant appeals the  final  decision,
15    order, or judgment of the Circuit Court as it relates to that
16    plaintiff, and (iii) that plaintiff substantially prevails on
17    appeal,  then the Appellate Court must remand the case to the
18    Circuit Court for a determination of the costs, expenses, and
19    fees  (including  without  limitation  reasonable  attorney's
20    fees) incurred by that plaintiff in defending the appeal. The
21    Circuit Court must then order that defendant to pay  to  that
22    plaintiff those costs, expenses, and fees.
23    (Source: P.A. 88-1.)