103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2877

 

Introduced 1/24/2024, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/10-10  from Ch. 127, par. 1010-10
5 ILCS 100/10-25  from Ch. 127, par. 1010-25
5 ILCS 100/10-25.1 new
5 ILCS 100/10-70  from Ch. 127, par. 1010-70

    Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.


LRB103 37525 JDS 67648 b

 

 

A BILL FOR

 

SB2877LRB103 37525 JDS 67648 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 10-10, 10-25, and 10-70 and by
6adding Section 10-25.1 as follows:
 
7    (5 ILCS 100/10-10)  (from Ch. 127, par. 1010-10)
8    Sec. 10-10. Components of rules. All agency rules
9establishing procedures for contested cases shall at a minimum
10comply with the provisions of this Article 10. In addition,
11agency rules establishing procedures may include, but need not
12be limited to, the following components: pre-hearing
13conferences, representation interview or deposition
14procedures, default procedures, selection of administrative
15law judges, the form of the final order, the standard of proof
16used, which agency official makes the final decision,
17representation of parties, procedures for requesting and
18receiving language assistance, subpoena request procedures,
19discovery and protective order procedures, and any review or
20appeal process within the agency.
21(Source: P.A. 87-823.)
 
22    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)

 

 

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1    Sec. 10-25. Contested cases; notice; hearing.
2    (a) In a contested case, all parties shall be afforded an
3opportunity for a hearing after reasonable notice. The notice
4shall be served personally, by certified or registered mail,
5by email as provided by Section 10-75, or as otherwise
6provided by law upon the parties or their agents appointed to
7receive service of process and shall include the following:
8        (1) A statement of the time, place, and nature of the
9    hearing.
10        (2) A statement of the legal authority and
11    jurisdiction under which the hearing is to be held.
12        (3) A reference to the particular Sections of the
13    substantive and procedural statutes and rules involved.
14        (4) Except where a more detailed statement is
15    otherwise provided for by law, a short and plain statement
16    of the matters asserted, the consequences of a failure to
17    respond, and the official file or other reference number.
18        (5) To the extent such information is available, the
19    names, phone numbers, email addresses, and mailing
20    addresses of the administrative law judge or designated
21    agency contact, the parties, and all other persons to whom
22    the agency gives notice of the hearing unless otherwise
23    confidential by law.
24        (6) An enclosure written in, at a minimum, English,
25    Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,
26    Russian, Spanish, Tagalog, Urdu, Ukrainian, and

 

 

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1    Vietnamese, which notifies the recipient of the ability to
2    request interpretive assistance for the hearing and to
3    receive language assistance in translating the contents of
4    the notice. A request to receive a written or sight
5    translation of the notice must be made within 7 days of
6    service of the notice.
7    (b) An opportunity shall be afforded all parties to be
8represented by legal counsel and to respond and present
9evidence and argument.
10    (c) Unless precluded by law, disposition may be made of
11any contested case by stipulation, agreed settlement, consent
12order, or default.
13(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
14    (5 ILCS 100/10-25.1 new)
15    Sec. 10-25.1. Language assistance.
16    (a) As used in this Article:
17    "Foreign language interpreter" means a person who is
18fluent in both English and another language, who listens to a
19communication in one language and orally converts it into
20another language while retaining the same meaning, and who
21either (i) has satisfied the certification requirement set
22forth in Section 8a.2 of the Personnel Code or (ii) has been
23contracted with by the State or an agency to provide
24interpretive assistance in administrative hearings. A foreign
25language interpreter need not be physically present to provide

 

 

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1interpretive assistance.
2    "Indigent person" has the meaning given in subdivision
3(a)(2) of Section 5-105 of the Code of Civil Procedure.
4    "Interpretive assistance" means services that involve
5listening to a communication in one language and orally
6converting that communication into another language while
7retaining the same meaning.
8    "Language assistance" means a written translation from a
9translator or a sight translation or interpretive assistance
10from a foreign language interpreter.
11    "Nonsubstantive hearing" means a hearing to discuss
12hearing rules, hearing processes, hearing procedures, and
13hearing scheduling. A hearing in which a substantive ruling is
14made is not a nonsubstantive hearing.
15    "Sight translation" means the conversion of written text
16in one language into another spoken language.
17    "Substantive hearing" means a hearing in which a
18substantive ruling may be made. "Substantive hearing" includes
19a prehearing conference or formal hearing in which testimony
20or evidence is being taken.
21    "Substantive ruling" means a ruling that directly relates
22to the merits of the case and does not include explanation of
23hearing rules, hearing processes, hearing procedures, or
24hearing scheduling.
25    "Translator" means a person who converts written text from
26one language into written text in another language.

 

 

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1    "Written translation" means a conversion of written text
2from one language into written text in another language.
3    (b) An administrative law judge has the duty to inquire
4and determine if a self-represented litigant or witness in a
5hearing needs interpretive assistance to participate in or
6understand the hearing. The fact that an individual for whom
7English is a second language knows some English should not
8prohibit that individual from being allowed to receive
9interpretive assistance from a foreign language interpreter.
10The administrative law judge shall examine each individual
11believed to be in need of interpretive assistance, and the
12conclusion of the administrative law judge regarding the need
13for interpretive assistance must be stated in the record.
14    (c) Any self-represented litigant, witness, or indigent
15person has the right to request interpretive assistance to
16participate in or understand a hearing at any time during the
17course of the hearing. An agency may adopt rules for
18determining whether a person is an indigent person.
19    (d) If interpretive assistance is requested by a
20self-represented litigant, a witness, or an indigent person or
21if interpretive assistance is determined to be necessary by
22the administrative law judge, the agency must appoint a
23foreign language interpreter at no cost to the person in need
24of the assistance for use in a substantive hearing. If it
25appears that interpretive assistance is needed but a foreign
26language interpreter is not available for the scheduled

 

 

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1substantive hearing, the administrative law judge shall
2continue or postpone the hearing until appropriate services
3can be provided. In a substantive hearing, an interpreter who
4is not a foreign language interpreter should be appointed only
5if the agency made reasonable efforts to obtain a foreign
6language interpreter and one is not reasonably available. If
7the agency appoints an interpreter who is not a foreign
8language interpreter, the administrative law judge must
9examine the interpreter to ensure the interpreter is competent
10to interpret in the hearing, has proficiency in English and
11the applicable foreign language, and does not present a
12conflict of interest.
13    (e) An agency may provide interpretive assistance during a
14nonsubstantive hearing by use of an interpreter who is not a
15foreign language interpreter, provided the administrative law
16judge examines the interpreter for competency for the purposes
17of the nonsubstantive hearing.
18    (f) All persons appointed to provide interpretive
19assistance in substantive and nonsubstantive hearings must
20swear or affirm that they:
21        (1) will make a true interpretation in an
22    understandable manner to the person for whom the
23    interpreter has been appointed;
24        (2) will repeat the statements of the person in need
25    of interpretive assistance, in the English language, to
26    the best of the interpreter's ability;

 

 

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1        (3) have not had any involvement in the issues of the
2    case before the hearing; and
3        (4) will not disclose privileged or confidential
4    communications to any person.
5    (g) If an appointed interpreter is not accurately
6interpreting communications, the party or witness in need of
7interpretive assistance, or that person's attorney or
8authorized representative, if an authorized representative is
9permitted under agency rules, may request the appointment of a
10different interpreter, subject to the approval of the
11administrative law judge.
12    (h) Nothing in this Section precludes an agency from
13providing language assistance to a person who is not
14self-represented or indigent or from establishing rules for
15those persons to request and receive language assistance,
16subject to agency discretion.
 
17    (5 ILCS 100/10-70)  (from Ch. 127, par. 1010-70)
18    Sec. 10-70. Waiver.
19    (a) Compliance with any or all of the provisions of this
20Act concerning contested cases may be waived by written
21stipulation of all parties.
22    (b) To waive any of the provisions relating to language
23assistance under Sections 10-25 and 10-25.1, the parties must
24provide a signed written stipulation in both English and the
25preferred language of the party in need of language

 

 

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1assistance.
2    (c) A written stipulation waiving the language assistance
3provisions of Sections 10-25 and 10-25.1 of this Act may be
4withdrawn by the party in need of language assistance at any
5time. The withdrawal may be made by oral declaration at
6hearing or in a written declaration. Following such a
7withdrawal, the remainder of the proceeding must be conducted
8in accordance with Sections 10-25 and 10-25.1.
9(Source: P.A. 87-823.)