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1 | AN ACT concerning administrative hearings.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||
5 | amended by changing
Sections 1-5, 1-15, 1-30, 10-5, 10-15, | ||||||||||||||||||||||||
6 | 10-20, 10-25, 10-45, 10-50,
10-60, and 10-65 and adding | ||||||||||||||||||||||||
7 | Sections 1-13 and 10-3 and Article 12 as follows:
| ||||||||||||||||||||||||
8 | (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
| ||||||||||||||||||||||||
9 | Sec. 1-5. Applicability.
| ||||||||||||||||||||||||
10 | (a) This Act applies to every agency as defined in this | ||||||||||||||||||||||||
11 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||||||||||||||||||||
12 | provisions of
this Act and the Act creating or conferring power | ||||||||||||||||||||||||
13 | on an agency, this Act
shall control. If, however, an agency | ||||||||||||||||||||||||
14 | (or its predecessor in the case of
an agency that has been | ||||||||||||||||||||||||
15 | consolidated or reorganized) has existing procedures
on July 1, | ||||||||||||||||||||||||
16 | 1977, specifically for contested cases or licensing, those | ||||||||||||||||||||||||
17 | existing
provisions control, except that this exception | ||||||||||||||||||||||||
18 | respecting contested
cases and licensing does not apply if the | ||||||||||||||||||||||||
19 | Act creating or conferring
power on the agency adopts by | ||||||||||||||||||||||||
20 | express reference the provisions of this
Act. Where the Act | ||||||||||||||||||||||||
21 | creating or conferring power on an agency
establishes | ||||||||||||||||||||||||
22 | administrative procedures not covered by this Act, those
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23 | procedures shall remain in effect.
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1 | (b) The provisions of this Act do not apply to (i) | ||||||
2 | preliminary
hearings, investigations, or practices where no | ||||||
3 | final determinations
affecting State funding are made by the | ||||||
4 | State Board of Education, (ii) legal
opinions issued under | ||||||
5 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
6 | and universities, their disciplinary and grievance | ||||||
7 | proceedings,
academic irregularity and capricious grading | ||||||
8 | proceedings, and admission
standards and procedures, and (iv) | ||||||
9 | the class specifications for positions
and individual position | ||||||
10 | descriptions prepared and maintained under the
Personnel Code. | ||||||
11 | Those class specifications shall, however, be made
reasonably | ||||||
12 | available to the public for inspection and copying. The
| ||||||
13 | provisions of this Act do not apply to hearings under Section | ||||||
14 | 20 of the
Uniform Disposition of Unclaimed Property Act.
| ||||||
15 | (c) Section 5-35 of this Act relating to procedures for | ||||||
16 | rulemaking
does not apply to the following:
| ||||||
17 | (1) Rules adopted by the Pollution Control Board that, | ||||||
18 | in accordance
with Section 7.2 of the Environmental | ||||||
19 | Protection Act, are identical in
substance to federal | ||||||
20 | regulations or amendments to those regulations
| ||||||
21 | implementing the following: Sections 3001, 3002, 3003, | ||||||
22 | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | ||||||
23 | Section 105 of the Comprehensive Environmental
Response, | ||||||
24 | Compensation, and Liability Act of 1980; Sections 307(b), | ||||||
25 | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | ||||||
26 | Water Pollution Control
Act; and Sections 1412(b), |
| |||||||
| |||||||
1 | 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | ||||||
2 | Water Act.
| ||||||
3 | (2) Rules adopted by the Pollution Control Board that | ||||||
4 | establish or
amend standards for the emission of | ||||||
5 | hydrocarbons and carbon monoxide from
gasoline powered | ||||||
6 | motor vehicles subject to inspection under Section 13A-105
| ||||||
7 | of the Vehicle Emissions Inspection Law and rules adopted | ||||||
8 | under Section 13B-20
of the Vehicle Emissions Inspection | ||||||
9 | Law of 1995.
| ||||||
10 | (3) Procedural rules adopted by the Pollution Control | ||||||
11 | Board governing
requests for exceptions under Section 14.2 | ||||||
12 | of the Environmental Protection Act.
| ||||||
13 | (4) The Pollution Control Board's grant, pursuant to an
| ||||||
14 | adjudicatory determination, of an adjusted standard for | ||||||
15 | persons who can
justify an adjustment consistent with | ||||||
16 | subsection (a) of Section 27 of
the Environmental | ||||||
17 | Protection Act.
| ||||||
18 | (5) Rules adopted by the Pollution Control Board that | ||||||
19 | are identical in
substance to the regulations adopted by | ||||||
20 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
21 | paragraph (b) of subsection (3) of Section 2
of the | ||||||
22 | Gasoline Storage Act.
| ||||||
23 | (d) Pay rates established under Section 8a of the Personnel | ||||||
24 | Code
shall be amended or repealed pursuant to the process set | ||||||
25 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
26 | to do so due to a conflict
between the rates and the terms of a |
| |||||||
| |||||||
1 | collective bargaining agreement
covering the compensation of | ||||||
2 | an employee subject to that Code.
| ||||||
3 | (e) Section 10-45 of this Act shall not apply to any | ||||||
4 | hearing, proceeding,
or investigation conducted under Section | ||||||
5 | 13-515 of the Public Utilities Act.
| ||||||
6 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
7 | proceeding, or
investigation conducted by the State Council for | ||||||
8 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
9 | Unified Code of Corrections or by the Interstate
Commission
| ||||||
10 | Commision for Adult Offender Supervision created under the
| ||||||
11 | Interstate Compact for Adult Offender Supervision.
| ||||||
12 | (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
| ||||||
13 | (5 ILCS 100/1-13 new)
| ||||||
14 | Sec. 1-13. "Administrative hearing" means any hearing | ||||||
15 | required to comply
with the provisions of this Act concerning a | ||||||
16 | contested case.
| ||||||
17 | (5 ILCS 100/1-15) (from Ch. 127, par. 1001-15)
| ||||||
18 | Sec. 1-15. "Administrative law judge" means the presiding | ||||||
19 | officer or
officers at the initial administrative hearing | ||||||
20 | before each agency and each
continuation of
that administrative | ||||||
21 | hearing. The term also includes but is not limited to
hearing | ||||||
22 | examiners, hearing officers, referees, and arbitrators.
| ||||||
23 | (Source: P.A. 87-823.)
|
| |||||||
| |||||||
1 | (5 ILCS 100/1-30) (from Ch. 127, par. 1001-30)
| ||||||
2 | Sec. 1-30. "Contested case" means an adjudicatory | ||||||
3 | proceeding (not
including ratemaking, rulemaking, or | ||||||
4 | quasi-legislative, informational, or
similar proceedings) in | ||||||
5 | which the individual legal rights, duties, or
privileges of a | ||||||
6 | party are required by law to be determined by an agency
only | ||||||
7 | after an opportunity for an administrative
a hearing.
| ||||||
8 | (Source: P.A. 87-823.)
| ||||||
9 | (5 ILCS 100/10-3 new)
| ||||||
10 | Sec. 10-3. Applicability. This Article applies to all | ||||||
11 | agencies not covered by Article 12.
| ||||||
12 | (5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
| ||||||
13 | Sec. 10-5. Rules required for hearings. All agencies shall | ||||||
14 | adopt rules
establishing procedures for administrative
| ||||||
15 | contested case hearings.
| ||||||
16 | (Source: P.A. 87-823.)
| ||||||
17 | (5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)
| ||||||
18 | Sec. 10-15. Standard of proof. Unless otherwise provided | ||||||
19 | by law or
stated in the agency's rules, the standard of proof | ||||||
20 | in any administrative
contested case
hearing conducted under | ||||||
21 | this Act by an agency shall be the preponderance of
the | ||||||
22 | evidence.
| ||||||
23 | (Source: P.A. 87-823.)
|
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| |||||||
1 | (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
| ||||||
2 | Sec. 10-20. Qualifications of administrative law judges. | ||||||
3 | All Agencies
shall adopt rules concerning the minimum
| ||||||
4 | qualifications of administrative
law judges for administrative
| ||||||
5 | contested case hearings not subject to Article 12 of this Act . | ||||||
6 | The
agency head or an attorney licensed to
practice law in | ||||||
7 | Illinois may act as an administrative law judge
or panel for an | ||||||
8 | agency without adopting any rules under this Section.
The
These | ||||||
9 | rules may be adopted using the
procedures in either Section | ||||||
10 | 5-15 or 5-35.
| ||||||
11 | (Source: P.A. 87-823.)
| ||||||
12 | (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
| ||||||
13 | Sec. 10-25. Notice of
contested cases; administrative
| ||||||
14 | notice; hearing.
| ||||||
15 | (a) In a contested case, all parties
shall be afforded an | ||||||
16 | opportunity for
an administrative
a hearing after reasonable | ||||||
17 | notice. The notice shall
be
served personally
or by certified | ||||||
18 | or registered mail or as otherwise provided by law upon the
| ||||||
19 | parties or their agents appointed to receive service of process | ||||||
20 | and shall
include the following:
| ||||||
21 | (1) A statement of the time, place, and nature of the
| ||||||
22 | administrative hearing.
| ||||||
23 | (2) A statement of the legal authority and jurisdiction | ||||||
24 | under
which the administrative hearing is to be held.
|
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| |||||||
1 | (3) A reference to the particular Sections of the | ||||||
2 | substantive and
procedural statutes and
rules involved.
| ||||||
3 | (4) Except where a more detailed statement is otherwise | ||||||
4 | provided
for by law, a short and plain statement of the | ||||||
5 | matters asserted, the
consequences of a failure to respond, | ||||||
6 | and the official file or other
reference number.
| ||||||
7 | (5) The names and mailing addresses of the | ||||||
8 | administrative law judge,
all parties, and all other | ||||||
9 | persons to whom the agency gives notice of the
| ||||||
10 | administrative hearing unless otherwise confidential by | ||||||
11 | law.
| ||||||
12 | (b) An opportunity shall be afforded all parties to be | ||||||
13 | represented by
legal counsel and to respond and present | ||||||
14 | evidence and argument.
| ||||||
15 | (c) Unless precluded by law, disposition may be made of any
| ||||||
16 | contested
case by stipulation, agreed settlement, consent | ||||||
17 | order, or default.
| ||||||
18 | (Source: P.A. 87-823.)
| ||||||
19 | (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
| ||||||
20 | Sec. 10-45. Proposal for decision. Except where otherwise | ||||||
21 | expressly
provided by law, when in
a contested case a majority | ||||||
22 | of the officials of
the agency who are to render the final | ||||||
23 | decision has not heard the case or
read the record, the | ||||||
24 | decision, if adverse to a party to the proceeding
other than | ||||||
25 | the agency, shall not be made until a proposal for decision is
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1 | served upon the parties and an opportunity is afforded to each | ||||||
2 | party
adversely affected to file exceptions and to present a | ||||||
3 | brief and, if the
agency so permits, oral argument to the | ||||||
4 | agency officials who are to render
the decision. The proposal | ||||||
5 | for decision shall contain a statement of the
reasons therefor | ||||||
6 | and of each issue of fact or law necessary to the proposed
| ||||||
7 | decision and shall be prepared by the persons who conducted the
| ||||||
8 | administrative hearing or
one who has read the record.
| ||||||
9 | (Source: P.A. 87-823.)
| ||||||
10 | (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
| ||||||
11 | Sec. 10-50. Decisions and orders.
| ||||||
12 | (a) A final decision or order adverse to a party (other | ||||||
13 | than the agency)
in a contested case shall be in writing or | ||||||
14 | stated on
in the record. A
final
decision shall include | ||||||
15 | findings of fact and conclusions of law, separately
stated. | ||||||
16 | Findings of fact, if set forth in statutory language, shall be
| ||||||
17 | accompanied by a concise and explicit statement of the | ||||||
18 | underlying facts
supporting the findings. If, in accordance | ||||||
19 | with agency rules, a party
submitted proposed findings of fact, | ||||||
20 | the decision shall include a ruling
upon each proposed finding. | ||||||
21 | Parties or their agents appointed to receive
service of process | ||||||
22 | shall be notified either personally or by registered or
| ||||||
23 | certified mail of any decision or order. Upon request a copy of | ||||||
24 | the
decision or order shall be delivered or mailed forthwith to | ||||||
25 | each party and
to each
his attorney of record.
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| |||||||
1 | (b) All agency orders shall specify whether they are final | ||||||
2 | and subject
to the Administrative Review Law.
| ||||||
3 | (c) A decision by any agency in a contested case under this | ||||||
4 | Act shall be
void unless the proceedings are conducted in | ||||||
5 | compliance with the provisions
of this Act relating to | ||||||
6 | contested cases, except to the extent those provisions
are | ||||||
7 | waived under Section 10-70 and except to the extent the
agency | ||||||
8 | has adopted its own rules for contested cases as authorized in | ||||||
9 | Section
1-5 .
| ||||||
10 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
11 | (5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)
| ||||||
12 | Sec. 10-60. Ex parte communications.
| ||||||
13 | (a) Except in the disposition of matters that agencies are | ||||||
14 | authorized by
law to entertain or dispose of on an ex parte | ||||||
15 | basis, agency heads, agency
employees, and administrative law | ||||||
16 | judges shall not, after notice of hearing
in
a contested case | ||||||
17 | or licensing to which the procedures of
a contested
case apply | ||||||
18 | under this Act, communicate, directly or indirectly, in
| ||||||
19 | connection with any issue of fact, with any person or party, or | ||||||
20 | in
connection with any other issue with any party or the | ||||||
21 | representative of any
party, without
except upon notice and | ||||||
22 | opportunity for all parties to participate.
| ||||||
23 | (b) However, an agency member may communicate with other | ||||||
24 | members of
the agency, and an agency member or administrative | ||||||
25 | law judge may have
the aid and advice of one or more personal |
| |||||||
| |||||||
1 | assistants.
| ||||||
2 | (c) An ex parte communication received by any agency head, | ||||||
3 | agency
employee, or administrative law judge shall be made a | ||||||
4 | part of the record of
the pending matter, including all written | ||||||
5 | communications, all written
responses to the communications, | ||||||
6 | and a memorandum stating the substance of
all oral | ||||||
7 | communications and all responses made and the identity of each
| ||||||
8 | person from whom the ex parte communication was received.
| ||||||
9 | (d) Communications regarding matters of procedure and | ||||||
10 | practice, such
as the format of pleadings, number of copies | ||||||
11 | required, manner of service,
scheduling, and status of | ||||||
12 | proceedings, are not considered ex parte
communications under
| ||||||
13 | this Section.
| ||||||
14 | (Source: P.A. 87-823.)
| ||||||
15 | (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) | ||||||
16 | Sec. 10-65. Licenses.
| ||||||
17 | (a) When any licensing is required by law to be preceded by | ||||||
18 | notice and
an opportunity for an administrative
a hearing, the | ||||||
19 | provisions of this Act concerning
contested cases shall apply.
| ||||||
20 | (b) When a licensee has made timely and sufficient | ||||||
21 | application for
the renewal of a license or a new license with | ||||||
22 | reference to any activity
of a continuing nature, the existing | ||||||
23 | license shall continue in full
force and effect until the final | ||||||
24 | agency decision on the application has
been made unless a later | ||||||
25 | date is fixed by order of a reviewing court.
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| |||||||
1 | (c) Except as provided in Section 1-27 of the Department of | ||||||
2 | Natural
Resources Act, an application for the renewal of a | ||||||
3 | license or a new license
shall include the applicant's social | ||||||
4 | security number. Each agency shall require
the licensee to | ||||||
5 | certify on the
application form, under penalty of perjury, that | ||||||
6 | he or she is not more than
30 days delinquent in complying with | ||||||
7 | a child support order. Every
application shall state that | ||||||
8 | failure to so certify shall result in
disciplinary action, and | ||||||
9 | that making a false statement may subject
the licensee
to | ||||||
10 | contempt of court. The agency shall notify each applicant or | ||||||
11 | licensee
who
acknowledges a delinquency or who, contrary to his | ||||||
12 | or her certification, is
found to be delinquent or who after | ||||||
13 | receiving notice, fails to comply with a
subpoena or warrant | ||||||
14 | relating to a paternity or a child support proceeding,
that the | ||||||
15 | agency intends to take disciplinary
action. Accordingly, the | ||||||
16 | agency shall provide written notice of the facts
or conduct | ||||||
17 | upon which the agency will rely to support its proposed action
| ||||||
18 | and the applicant or licensee shall be given an opportunity for | ||||||
19 | an
administrative
a hearing
in accordance
with the provisions | ||||||
20 | of the Act concerning contested cases. Any delinquency
in | ||||||
21 | complying with a child support order can be remedied by | ||||||
22 | arranging for
payment of past due and current support. Any | ||||||
23 | failure to comply with a
subpoena or warrant relating to a | ||||||
24 | paternity or child support proceeding can be
remedied by | ||||||
25 | complying with the subpoena or warrant. Upon a final finding of
| ||||||
26 | delinquency or failure to comply with a subpoena or warrant, |
| |||||||
| |||||||
1 | the agency
shall suspend, revoke, or refuse to issue or renew | ||||||
2 | the license.
In cases in which the Department of Healthcare and | ||||||
3 | Family Services (formerly Department of Public Aid ) has | ||||||
4 | previously determined that
an applicant or a
licensee is more | ||||||
5 | than 30 days delinquent in the
payment
of child support and has | ||||||
6 | subsequently certified the delinquency to the
licensing | ||||||
7 | agency,
and in cases in which a court has previously determined | ||||||
8 | that an applicant or
licensee has
been in violation of the | ||||||
9 | Non-Support Punishment Act
for more than 60 days,
the licensing | ||||||
10 | agency shall refuse to issue or
renew or shall
revoke or | ||||||
11 | suspend that person's license based solely upon the | ||||||
12 | certification of
delinquency made
by
the Department of | ||||||
13 | Healthcare and Family Services (formerly
Department of Public | ||||||
14 | Aid ) or the certification of violation made by the
court. | ||||||
15 | Further process, hearings, or
redetermination of the | ||||||
16 | delinquency or violation by the
licensing agency shall not be | ||||||
17 | required. The licensing agency may issue or
renew a license if | ||||||
18 | the licensee has arranged for payment of
past and current child | ||||||
19 | support obligations in a manner satisfactory to
the
Department | ||||||
20 | of Healthcare and Family Services (formerly Department of | ||||||
21 | Public Aid ) or the court. The licensing agency may impose
| ||||||
22 | conditions,
restrictions, or disciplinary action upon that | ||||||
23 | license.
| ||||||
24 | (d) Except as provided in subsection (c), no agency shall | ||||||
25 | revoke,
suspend, annul, withdraw, amend
materially, or refuse | ||||||
26 | to renew any valid license without first giving
written notice |
| |||||||
| |||||||
1 | to the licensee of the facts or conduct upon which the
agency | ||||||
2 | will rely to support its proposed action and an opportunity for
| ||||||
3 | an
administrative
a hearing in accordance with the provisions | ||||||
4 | of this Act concerning
contested cases. At the administrative | ||||||
5 | hearing, the licensee shall have the right
to show compliance | ||||||
6 | with all lawful requirements for the retention,
continuation, | ||||||
7 | or renewal of the license. If, however, the agency finds
that | ||||||
8 | the public interest, safety, or welfare imperatively requires
| ||||||
9 | emergency action, and if the agency incorporates a finding to | ||||||
10 | that
effect in its order, summary suspension of a license may | ||||||
11 | be ordered
pending proceedings for revocation or other action. | ||||||
12 | Those proceedings
shall be promptly instituted and determined.
| ||||||
13 | (e) Any application for renewal of a license that contains
| ||||||
14 | required and relevant information, data, material, or | ||||||
15 | circumstances that
were not contained in an application for the | ||||||
16 | existing license shall be
subject to the provisions of | ||||||
17 | subsection (a).
| ||||||
18 | (Source: P.A. 94-40, eff. 1-1-06; revised 12-15-05.)
| ||||||
19 | (5 ILCS 100/Art. 12 heading new)
| ||||||
20 | ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS | ||||||
21 | (5 ILCS 100/12-5 new)
| ||||||
22 | Sec. 12-5. Applicability. This Article applies to all | ||||||
23 | agencies under the jurisdiction of the Governor other than the | ||||||
24 | following:
|
| |||||||
| |||||||
1 | (a) Illinois Labor Relations Boards created under the | ||||||
2 | Illinois Public Labor Relations Act;
| ||||||
3 | (b) Illinois Educational Labor Relations Board;
| ||||||
4 | (c) Illinois Commerce Commission;
| ||||||
5 | (d) Illinois Workers' Compensation Commission;
| ||||||
6 | (e) Civil Service Commission;
| ||||||
7 | (f) Pollution Control Board;
| ||||||
8 | (g) Illinois State Police Merit Board;
| ||||||
9 | (h) Property Tax Appeal Board;
| ||||||
10 | (i) Human Rights Commission; and
| ||||||
11 | (j) State Board of Elections.
| ||||||
12 | (5 ILCS 100/12-10 new)
| ||||||
13 | Sec. 12-10. Office of Administrative Hearings.
| ||||||
14 | (a) The Office of Administrative Hearings, hereinafter | ||||||
15 | referred to as the Office, is
established for the purpose of | ||||||
16 | improving public trust and confidence
in administrative | ||||||
17 | adjudication by: | ||||||
18 | (1) separating the adjudicatory function from the
| ||||||
19 | investigatory, prosecutory, and policy-making functions
of | ||||||
20 | agencies in the executive branch; | ||||||
21 | (2) establishing a professional corp of administrative | ||||||
22 | law judges; | ||||||
23 | (3) establishing greater uniformity in the rules of | ||||||
24 | procedure and
evidence in administrative adjudication; and | ||||||
25 | (4) eliminating unnecessary and duplicative costs in
|
| |||||||
| |||||||
1 | administrative adjudication.
| ||||||
2 | (b) The Office is an independent State agency in the | ||||||
3 | executive
branch and is responsible for conducting | ||||||
4 | administrative
hearings in accordance with the legislative | ||||||
5 | intent expressed
by this Act.
| ||||||
6 | (c) The Office is under the administration, supervision, | ||||||
7 | and direction
of a Chief Administrative Law Judge, appointed by | ||||||
8 | the Governor,
by and with the advice and consent of the Senate. | ||||||
9 | The Chief
Administrative Law Judge, as a condition of | ||||||
10 | appointment, must
have been admitted to practice law in the | ||||||
11 | State of Illinois
for at least 10 years, must have substantial | ||||||
12 | knowledge and
experience suitable to the duties of the Office, | ||||||
13 | and may be
removed only for good cause following notice and an
| ||||||
14 | opportunity for an adjudicative hearing. | ||||||
15 | (d) The Chief Administrative Law Judge must maintain
his or | ||||||
16 | her principal office in Springfield and may maintain any
other | ||||||
17 | offices that may be necessary. | ||||||
18 | (e) The Office may purchase or lease any equipment and | ||||||
19 | supplies
that may be necessary to carry out its duties and must | ||||||
20 | maintain
records and files of the work of the Office. | ||||||
21 | (f) The Office of Administrative Hearings by and through | ||||||
22 | the
Chief Administrative Law Judge and any Administrative Law | ||||||
23 | Judge
under this Article is empowered to subpoena and bring | ||||||
24 | before it, him, or her
any person in this State and to take | ||||||
25 | testimony, in person or by
telephone, upon payment of the same | ||||||
26 | fees, and in the same manner
as is prescribed by law for |
| |||||||
| |||||||
1 | judicial proceedings in civil cases in the
courts of this | ||||||
2 | State. The term "Administrative Law Judge" as used in this | ||||||
3 | Article
means an administrative law judge as defined in 5 ILCS | ||||||
4 | 100/1-15 who
is an employee of the Office. | ||||||
5 | (g) The Office may enter into an interagency agreement with | ||||||
6 | any
agency to furnish administrative law judges to conduct | ||||||
7 | administrative
hearings not otherwise required to be conducted | ||||||
8 | by the Office.
The Office may also enter into an agreement with | ||||||
9 | a unit of local
government or school district to furnish | ||||||
10 | administrative law
judges to conduct administrative hearings. | ||||||
11 | (h) Any finding, determination, ruling or order issued as | ||||||
12 | result of any
hearing conducted for any public entity subject | ||||||
13 | to or contracted
for under this Article shall have the same | ||||||
14 | status and be subject
to the same conditions and limitations as | ||||||
15 | if conducted by that
public entity. That entity shall remain | ||||||
16 | the proper party named and
served in any action in | ||||||
17 | administrative review under the provisions
of the | ||||||
18 | Administrative Review Law or other review or appeal provision | ||||||
19 | provided by law. | ||||||
20 | (i) The Office must develop and institute a program of
| ||||||
21 | continuing education and training for administrative law
| ||||||
22 | judges and may permit administrative law judges and hearing
| ||||||
23 | examiners employed by other agencies to participate in its
| ||||||
24 | program. The Office shall also develop and implement a code
of | ||||||
25 | professional conduct for its administrative law judges,
| ||||||
26 | incorporating the provisions of the Rules of Judicial Conduct
|
| |||||||
| |||||||
1 | whenever possible. The Office may develop and institute
other | ||||||
2 | educational programs in the area of administrative law
and | ||||||
3 | procedure for the benefit of State employees and those
who | ||||||
4 | participate in administrative hearings.
| ||||||
5 | (5 ILCS 100/12-15 new)
| ||||||
6 | Sec. 12-15. Term of office and salary.
| ||||||
7 | (a) The Chief Administrative Law Judge shall serve for a
| ||||||
8 | term of 6 years, provided that he or she shall hold office
| ||||||
9 | until a successor is appointed.
| ||||||
10 | (b) The Chief Administrative Law Judge shall receive an
| ||||||
11 | annual salary as set by the Governor of Illinois from time
to | ||||||
12 | time or the amount established by the
Compensation Review | ||||||
13 | Board, whichever is greater.
| ||||||
14 | (5 ILCS 100/12-20 new)
| ||||||
15 | Sec. 12-20. Oath. Each prospective Chief Administrative | ||||||
16 | Law Judge, before
taking
office, must take and subscribe to the | ||||||
17 | oath or affirmation prescribed by
Section 3 of Article XIII
of | ||||||
18 | the Illinois Constitution, an executed copy of which must be | ||||||
19 | filed with the
Secretary of State.
| ||||||
20 | (5 ILCS 100/12-25 new)
| ||||||
21 | Sec. 12-25. Powers
and
Duties
of
the
Chief
Administrative | ||||||
22 | Law Judge. The Chief Administrative Law Judge has the following | ||||||
23 | powers and duties: |
| |||||||
| |||||||
1 | (a) The Chief Administrative Law Judge may employ | ||||||
2 | Administrative Law Judges
that are necessary to carry out the | ||||||
3 | purposes of this Article.
| ||||||
4 | (b) Administrative Law Judges and their immediate | ||||||
5 | supervisors shall be subject to
Jurisdiction A, B, and C of the | ||||||
6 | Personnel Code, except that provisions contained in
20 ILCS | ||||||
7 | 415/8b.18 and 19 shall not apply.
| ||||||
8 | (c) Except as otherwise provided in Section 12-40 of this | ||||||
9 | Article,
an Administrative Law Judge must have been admitted to | ||||||
10 | practice
as an attorney in this State for at least 5 years and | ||||||
11 | must have a demonstrated
knowledge of and experience in | ||||||
12 | administrative law and procedure that is suitable to the
duties | ||||||
13 | of the Office. Supervisors of Administrative Law Judges must be
| ||||||
14 | experienced administrative law judges.
| ||||||
15 | (d) The Chief Administrative Law Judge may contract for the | ||||||
16 | services of an attorney
to serve as a special administrative | ||||||
17 | law judge when necessary.
| ||||||
18 | (e) The Chief Administrative Law Judge must adopt a code of | ||||||
19 | conduct and rules
concerning the discipline and termination of | ||||||
20 | Office Administrative Law Judges and the
resolution of | ||||||
21 | grievances, subject to any collective bargaining agreement.
| ||||||
22 | (f) The Chief Administrative Law Judge may employ and | ||||||
23 | direct other staff, including administrative, supervisory, | ||||||
24 | clerical, and other specialized or technical personnel that
may | ||||||
25 | be necessary to carry out the purposes of this Article.
| ||||||
26 | (g) The Chief Administrative Law Judge must assign an
|
| |||||||
| |||||||
1 | administrative law judge for any proceeding that is required by | ||||||
2 | this
Article to be conducted by the Office and for any | ||||||
3 | proceeding
for which the Office has agreed to furnish an | ||||||
4 | administrative law
judge as provided in Section 12-10 of this | ||||||
5 | Act.
| ||||||
6 | (h) Any administrative law judge so assigned does not | ||||||
7 | become an
employee of the agency during the assignment and is | ||||||
8 | not subject
to the direction or the supervision of the agency | ||||||
9 | to whose
proceeding the administrative law judge has been | ||||||
10 | assigned.
| ||||||
11 | (i) In assigning administrative law judges, the Chief
| ||||||
12 | Administrative Law Judge must, when possible, use personnel
| ||||||
13 | having knowledge, training, or experience in the field or | ||||||
14 | subject matter
of the hearing and assign administrative law | ||||||
15 | judges primarily to the
hearings of particular agencies on a | ||||||
16 | long-term basis. The
Chief Administrative Law Judge may act as | ||||||
17 | an administrative
law judge in a particular case when | ||||||
18 | appropriate under law.
| ||||||
19 | (j) The Chief Administrative Law Judge shall adopt uniform
| ||||||
20 | rules of procedure and evidence governing hearings conducted
by | ||||||
21 | the Office of Administrative Hearings. Rules adopted by the | ||||||
22 | Chief
Administrative Law Judge shall supersede any contrary | ||||||
23 | rules
adopted by agencies subject to this Article except to the | ||||||
24 | extent
required by federal law or State statute. The Chief | ||||||
25 | Administrative
Law Judge may adopt such additional rules as | ||||||
26 | necessary to carry out
the powers and duties of the Office of |
| |||||||
| |||||||
1 | Administrative Hearings.
| ||||||
2 | (k) The Chief Administrative Law Judge must:
| ||||||
3 | (1) annually collect information on administrative
law | ||||||
4 | and procedure in Illinois and must study
administrative law | ||||||
5 | and procedure for the purpose of
improving the fairness, | ||||||
6 | efficiency, and uniformity of
administrative adjudicatory | ||||||
7 | proceedings in Illinois;
| ||||||
8 | (2) monitor the quality and cost of State
| ||||||
9 | administrative hearings; and | ||||||
10 | (3) annually report his or her findings and
| ||||||
11 | recommendations to the Governor and to the General
Assembly | ||||||
12 | no later than March 15 of each year.
| ||||||
13 | (5 ILCS 100/12-30 new)
| ||||||
14 | Sec. 12-30. Proceedings. Beginning on January 1, 2009, an | ||||||
15 | administrative
law
judge of the Office shall preside over any | ||||||
16 | administrative hearing of any agency
subject to this Article, | ||||||
17 | except that an administrative hearing in a contested
case | ||||||
18 | commenced before January 1, 2009 and pending before an | ||||||
19 | administrative
law judge not transferred to the Office of | ||||||
20 | Administrative Hearings by operation
of Section 12-40 of this | ||||||
21 | Article shall not
be heard by an administrative law judge of | ||||||
22 | the Office without the agreement of
the parties.
| ||||||
23 | (5 ILCS 100/12-35 new)
| ||||||
24 | Sec. 12-35. Administrative Hearing Procedures.
|
| |||||||
| |||||||
1 | (a) Time and place of hearing. The Office must consult the | ||||||
2 | agency and
determine the place and the time
of
commencement of | ||||||
3 | the administrative hearing.
| ||||||
4 | (b) Powers of administrative law judge. The administrative | ||||||
5 | law judge
presides at the administrative hearing
and
may:
| ||||||
6 | (1) administer oaths and affirmations;
| ||||||
7 | (2) rule on offers of proof and receive relevant | ||||||
8 | evidence;
| ||||||
9 | (3) regulate the schedule and the course of the | ||||||
10 | hearing;
| ||||||
11 | (4) dispose of procedural requests or similar matters;
| ||||||
12 | (5) sign and issue subpoenas in the name of the agency | ||||||
13 | requiring
attendance
and
giving of testimony by witnesses | ||||||
14 | and the production of books, papers, and other
documentary | ||||||
15 | evidence;
| ||||||
16 | (6) exercise any other powers relating to the conduct | ||||||
17 | of the
administrative
hearing that are lawfully delegated | ||||||
18 | to him or her by the agency or by the
examining,
advisory, | ||||||
19 | or disciplinary board. Whenever, after an agency head or an
| ||||||
20 | examining,
advisory, or disciplinary board has commenced | ||||||
21 | hearing a case with an
administrative law
judge presiding, | ||||||
22 | a quorum no longer exists, the administrate law judge who | ||||||
23 | is
presiding
must complete the hearing as if sitting alone | ||||||
24 | and must render a proposed
decision in
accordance with | ||||||
25 | subsection (e) of this Section; and
| ||||||
26 | (7) perform other necessary and appropriate acts in the |
| |||||||
| |||||||
1 | performance of his
or
her
duties.
| ||||||
2 | (c) Disqualifications.
| ||||||
3 | (1) Administrative Law Judges shall be assigned to | ||||||
4 | hearings
in accordance with the procedures set forth by the | ||||||
5 | Chief
Administrative Law Judge. No agency may select any
| ||||||
6 | individual administrative law judge for any proceeding
or | ||||||
7 | reject any individual administrative law judge.
In cases | ||||||
8 | where the agency is a party to the hearing,
it shall have | ||||||
9 | all rights and privileges and be subject
to the same | ||||||
10 | limitations as all other parties to the hearing.
| ||||||
11 | (2) An administrative law judge of the Office must
| ||||||
12 | voluntarily disqualify himself or herself and withdraw | ||||||
13 | from any case for bias, prejudice, interest, or any other
| ||||||
14 | cause for which, under the laws of this State, a State
| ||||||
15 | court judge is disqualified from hearing a particular
case. | ||||||
16 | An administrative law judge should perform the
duties of | ||||||
17 | the Office impartially and diligently.
| ||||||
18 | (3) Any party may petition for the disqualification
of | ||||||
19 | any administrative law judge by filing an affidavit
stating | ||||||
20 | with particularity the grounds upon which it is
claimed | ||||||
21 | that a fair and impartial hearing cannot be
accorded. The | ||||||
22 | affidavit must be filed before the taking
of evidence or, | ||||||
23 | if evidence has already been taken,
promptly upon | ||||||
24 | discovering facts establishing grounds for
| ||||||
25 | disqualification.
| ||||||
26 | (4) The administrative law judge whose
|
| |||||||
| |||||||
1 | disqualification is requested shall determine whether to
| ||||||
2 | grant the petition, stating facts and reasons for the
| ||||||
3 | determination. | ||||||
4 | (5) If an administrative law judge becomes
unavailable | ||||||
5 | as a result of recusal or any other reasons,
the Chief | ||||||
6 | Administrative Law Judge must assign another
| ||||||
7 | administrative law judge to preside at the administrative
| ||||||
8 | hearing.
| ||||||
9 | (d) Ex parte communications. Except in disposition of | ||||||
10 | matters that are
authorized by law to be
disposed
of on an ex
| ||||||
11 | parte basis, no administrative law judge of the Office may, | ||||||
12 | after notice of
an administrative
hearing in a contested case, | ||||||
13 | communicate, directly or indirectly, in connection
with any | ||||||
14 | issue of
fact, with any person or party, or in connection with | ||||||
15 | any other issue with any
party or his or her
representative, | ||||||
16 | without notice and opportunity for all parties to participate.
| ||||||
17 | An
administrative law judge, however, may communicate with | ||||||
18 | other employees of the
Office.
No member of
the Office may | ||||||
19 | communicate regarding pending matters to any member of an
| ||||||
20 | agency or of an
examining, advisory, or disciplinary board if | ||||||
21 | the agency or board is hearing
the case with the
administrative | ||||||
22 | law judge. An administrative law judge may have the aid and
| ||||||
23 | advice of one or
more assistants.
| ||||||
24 | (e) Proposed decisions. When a majority of the members of | ||||||
25 | an agency or of
an
examining, advisory, or disciplinary board | ||||||
26 | has not heard a case with the
administrative law
judge, any |
| |||||||
| |||||||
1 | proposed decision prepared by an administrative law judge of | ||||||
2 | the
Office is
subject to this subsection (e) and Section 10-45 | ||||||
3 | of this Act.
| ||||||
4 | (1) When an administrative law judge hears a case | ||||||
5 | alone, he or she must
prepare a
decision.
The
| ||||||
6 | administrative law judge must submit the decision to the | ||||||
7 | agency or,
in the case
of proceedings that an examining, | ||||||
8 | advisory, or disciplinary board is authorized
by an Act
to | ||||||
9 | hear and make a recommended decision, to the examining, | ||||||
10 | advisory, or
disciplinary
board.
| ||||||
11 | (2) When an administrative law judge hears a case with | ||||||
12 | an agency head or
with
an examining, advisory, or | ||||||
13 | disciplinary board, the administrative law judge
must
be | ||||||
14 | present
during the
consideration of the case and must, if | ||||||
15 | requested by the agency or by the
board, prepare a
proposed | ||||||
16 | decision and submit it to the agency or board.
| ||||||
17 | (3) In reviewing a proposed decision submitted by an | ||||||
18 | administrative law
judge
of
the Office, an agency head or | ||||||
19 | an examining, advisory, or disciplinary board is
not bound
| ||||||
20 | by the proposed decision and may adopt all, some, or none | ||||||
21 | of the proposed
decision as its
recommended decision. If | ||||||
22 | the agency head or examining, advisory, or
disciplinary | ||||||
23 | board
does not adopt the proposed decision in its entirety, | ||||||
24 | it must either (i)
recommend
a decision
in the case based | ||||||
25 | upon the record, including transcript, or (ii) remand the
| ||||||
26 | case to the
same administrative law judge to take |
| |||||||
| |||||||
1 | additional evidence.
| ||||||
2 | (4) If a case has been remanded to an administrative | ||||||
3 | law judge to take
additional
evidence or to include more | ||||||
4 | detailed findings of fact or conclusions of law,
the
| ||||||
5 | administrative law judge must prepare a proposed decision | ||||||
6 | upon the additional
evidence
and upon the transcript and | ||||||
7 | other papers that are part of the record of the
prior | ||||||
8 | hearing
and must submit the proposed decision to the agency | ||||||
9 | or to the examining,
advisory, or
disciplinary board. If | ||||||
10 | the administrative law judge who heard the case
originally | ||||||
11 | is
unavailable to take the additional evidence, by reason | ||||||
12 | of illness or other
disability or
because he or she is no | ||||||
13 | longer employed by the Office, the Chief Administrative
Law
| ||||||
14 | Judge must assign a different administrative law judge to | ||||||
15 | take the additional
evidence.
| ||||||
16 | (5 ILCS 100/12-40 new)
| ||||||
17 | Sec. 12-40. Transition.
| ||||||
18 | (a) The Governor must appoint a Chief Administrative Law | ||||||
19 | Judge to take
office
on July
1, 2008.
| ||||||
20 | (b) No later than July 1, 2008, each agency must provide to | ||||||
21 | the Chief
Administrative
Law Judge all relevant information | ||||||
22 | concerning hearings, number of hearings,
personnel used
as | ||||||
23 | hearing officers and support staff, and actual expenditures for | ||||||
24 | contracted
hearing officer
services, equipment, and travel.
| ||||||
25 | (c) All full-time administrative law judges used |
| |||||||
| |||||||
1 | principally to preside over
administrative
hearings conducted | ||||||
2 | by an agency subject to the provisions of this Act for at
least | ||||||
3 | one year before
July 1, 2008 must be administratively | ||||||
4 | transferred to the Office no later than
January 1, 2009.
| ||||||
5 | (d) All full-time employees who have principally served as | ||||||
6 | support staff of
those
employees transferred under subsection | ||||||
7 | (c) of this Section must be
administratively transferred to
the | ||||||
8 | Office no later than January 1, 2009.
| ||||||
9 | (e) All equipment or other tangible property, in possession | ||||||
10 | of agencies,
used
or held
principally by personnel transferred | ||||||
11 | under this Section must be transferred to
the Office not later
| ||||||
12 | than January 1, 2009, unless the head of the agency and the | ||||||
13 | Chief
Administrative Law Judge
determine that the equipment or | ||||||
14 | property will be more efficiently used by the
agency if not
| ||||||
15 | transferred.
| ||||||
16 | Section 10. The Personnel Code is amended by changing | ||||||
17 | Section 4c as follows:
| ||||||
18 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
19 | Sec. 4c. General exemptions. The following positions in | ||||||
20 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
21 | unless the
jurisdictions shall be extended as provided in this | ||||||
22 | Act:
| ||||||
23 | (1) All officers elected by the people.
| ||||||
24 | (2) All positions under the Lieutenant Governor, |
| |||||||
| |||||||
1 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
2 | State Board of Education, Clerk of
the Supreme Court,
| ||||||
3 | Attorney General, and State Board of Elections.
| ||||||
4 | (3) Judges, and officers and employees of the courts, | ||||||
5 | and notaries
public.
| ||||||
6 | (4) All officers and employees of the Illinois General | ||||||
7 | Assembly, all
employees of legislative commissions, all | ||||||
8 | officers and employees of the
Illinois Legislative | ||||||
9 | Reference Bureau, the Legislative
Research Unit, and the | ||||||
10 | Legislative Printing Unit.
| ||||||
11 | (5) All positions in the Illinois National Guard and | ||||||
12 | Illinois State
Guard, paid from federal funds or positions
| ||||||
13 | in the State Military Service filled by enlistment and paid | ||||||
14 | from State
funds.
| ||||||
15 | (6) All employees of the Governor at the executive | ||||||
16 | mansion and on
his immediate personal staff.
| ||||||
17 | (7) Directors of Departments, the Adjutant General, | ||||||
18 | the Assistant
Adjutant General, the Director of the | ||||||
19 | Illinois Emergency
Management Agency, members of boards | ||||||
20 | and commissions, and all other
positions appointed by the | ||||||
21 | Governor by and with the consent of the
Senate.
| ||||||
22 | (8) The presidents, other principal administrative | ||||||
23 | officers, and
teaching, research and extension faculties | ||||||
24 | of
Chicago State University, Eastern Illinois University, | ||||||
25 | Governors State
University, Illinois State University, | ||||||
26 | Northeastern Illinois University,
Northern Illinois |
| |||||||
| |||||||
1 | University, Western Illinois University, the Illinois
| ||||||
2 | Community College Board, Southern Illinois
University, | ||||||
3 | Illinois Board of Higher Education, University of
| ||||||
4 | Illinois, State Universities Civil Service System, | ||||||
5 | University Retirement
System of Illinois, and the | ||||||
6 | administrative officers and scientific and
technical staff | ||||||
7 | of the Illinois State Museum.
| ||||||
8 | (9) All other employees except the presidents, other | ||||||
9 | principal
administrative officers, and teaching, research | ||||||
10 | and extension faculties
of the universities under the | ||||||
11 | jurisdiction of the Board of Regents and
the colleges and | ||||||
12 | universities under the jurisdiction of the Board of
| ||||||
13 | Governors of State Colleges and Universities, Illinois | ||||||
14 | Community College
Board, Southern Illinois University, | ||||||
15 | Illinois Board of Higher Education,
Board of Governors of | ||||||
16 | State Colleges and Universities, the Board of
Regents, | ||||||
17 | University of Illinois, State Universities Civil Service
| ||||||
18 | System, University Retirement System of Illinois, so long | ||||||
19 | as these are
subject to the provisions of the State | ||||||
20 | Universities Civil Service Act.
| ||||||
21 | (10) The State Police so long as they are subject to | ||||||
22 | the merit
provisions of the State Police Act.
| ||||||
23 | (11) The scientific staff of the State Scientific | ||||||
24 | Surveys and the
Waste Management and Research
Center.
| ||||||
25 | (12) The technical and engineering staffs of the | ||||||
26 | Department of
Transportation, the Department of Nuclear |
| |||||||
| |||||||
1 | Safety, the Pollution Control
Board, and the Illinois | ||||||
2 | Commerce Commission, and the technical and engineering
| ||||||
3 | staff providing architectural and engineering services in | ||||||
4 | the Department of
Central Management Services.
| ||||||
5 | (13) All employees of the Illinois State Toll Highway | ||||||
6 | Authority.
| ||||||
7 | (14) The Secretary of the Illinois Workers' | ||||||
8 | Compensation Commission.
| ||||||
9 | (15) All persons who are appointed or employed by the | ||||||
10 | Director of
Insurance under authority of Section 202 of the | ||||||
11 | Illinois Insurance Code
to assist the Director of Insurance | ||||||
12 | in discharging his responsibilities
relating to the | ||||||
13 | rehabilitation, liquidation, conservation, and
dissolution | ||||||
14 | of companies that are subject to the jurisdiction of the
| ||||||
15 | Illinois Insurance Code.
| ||||||
16 | (16) All employees of the St. Louis Metropolitan Area | ||||||
17 | Airport
Authority.
| ||||||
18 | (17) All investment officers employed by the Illinois | ||||||
19 | State Board of
Investment.
| ||||||
20 | (18) Employees of the Illinois Young Adult | ||||||
21 | Conservation Corps program,
administered by the Illinois | ||||||
22 | Department of Natural Resources, authorized
grantee under | ||||||
23 | Title VIII of the Comprehensive
Employment and Training Act | ||||||
24 | of 1973, 29 USC 993.
| ||||||
25 | (19) Seasonal employees of the Department of | ||||||
26 | Agriculture for the
operation of the Illinois State Fair |
| |||||||
| |||||||
1 | and the DuQuoin State Fair, no one
person receiving more | ||||||
2 | than 29 days of such employment in any calendar year.
| ||||||
3 | (20) All "temporary" employees hired under the | ||||||
4 | Department of Natural
Resources' Illinois Conservation | ||||||
5 | Service, a youth
employment program that hires young people | ||||||
6 | to work in State parks for a period
of one year or less.
| ||||||
7 | (21) All hearing officers of the Human Rights | ||||||
8 | Commission.
| ||||||
9 | (22) All employees of the Illinois Mathematics and | ||||||
10 | Science Academy.
| ||||||
11 | (23) All employees of the Kankakee River Valley Area
| ||||||
12 | Airport Authority.
| ||||||
13 | (24) The commissioners and employees of the Executive | ||||||
14 | Ethics
Commission.
| ||||||
15 | (25) The Executive Inspectors General, including | ||||||
16 | special Executive
Inspectors General, and employees of | ||||||
17 | each Office of an
Executive Inspector General.
| ||||||
18 | (26) The commissioners and employees of the | ||||||
19 | Legislative Ethics
Commission.
| ||||||
20 | (27) The Legislative Inspector General, including | ||||||
21 | special Legislative
Inspectors General, and employees of | ||||||
22 | the Office of
the Legislative Inspector General.
| ||||||
23 | (28) The Auditor General's Inspector General and | ||||||
24 | employees of the Office
of the Auditor General's Inspector | ||||||
25 | General.
| ||||||
26 | (29) All employees of the Office of Administrative |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | Hearings.
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2 | (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 93-1091, eff. 3-29-05.)
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4 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
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