94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1474

 

Introduced 2/23/2005, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/1-5   from Ch. 127, par. 1001-5
5 ILCS 100/1-13 new
5 ILCS 100/1-15   from Ch. 127, par. 1001-15
5 ILCS 100/1-30   from Ch. 127, par. 1001-30
5 ILCS 100/10-5   from Ch. 127, par. 1010-5
5 ILCS 100/10-15   from Ch. 127, par. 1010-15
5 ILCS 100/10-20   from Ch. 127, par. 1010-20
5 ILCS 100/10-25   from Ch. 127, par. 1010-25
5 ILCS 100/10-45   from Ch. 127, par. 1010-45
5 ILCS 100/10-50   from Ch. 127, par. 1010-50
5 ILCS 100/10-60   from Ch. 127, par. 1010-60
5 ILCS 100/10-65   from Ch. 127, par. 1010-65
5 ILCS 100/Art. 12 heading new
5 ILCS 100/12-5 new
5 ILCS 100/12-10 new
5 ILCS 100/12-15 new
5 ILCS 100/12-20 new
5 ILCS 100/12-25 new
5 ILCS 100/12-30 new
5 ILCS 100/12-35 new
5 ILCS 100/12-40 new
20 ILCS 415/4c   from Ch. 127, par. 63b104c

    Amends the Illinois Administrative Procedure Act to create the Office of Administrative Hearings. Provides that the Office shall conduct administrative hearings for agencies under the jurisdiction of the Governor, except for the Illinois Public Labor Relations Board, the Illinois Educational Labor Relations Board, the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois State Police Merit Board, the Property Tax Appeal Board, and the Human Rights Commission. Provides for the appointment of a Chief Administrative Law Judge by the Governor with the advice and consent of the Senate. Sets the powers and duties of the Chief Administrative Law Judge. Sets qualifications for administrative law judges employed by the Office. Sets out procedures for the conduct of administrative hearings by the Office. Provides for the transfer of personnel and property to the Office from State agencies. Amends the Personnel Code to exempt employees of the Office from the provisions of the Code. Effective immediately.


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A BILL FOR

 

SB1474 LRB094 09028 JAM 39249 b

1     AN ACT concerning administrative hearings.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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 Section
7 1-13 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
23 procedures shall remain in effect.
24     (b) The provisions of this Act do not apply to (i)
25 preliminary hearings, investigations, or practices where no
26 final determinations affecting State funding are made by the
27 State Board of Education, (ii) legal opinions issued under
28 Section 2-3.7 of the School Code, (iii) as to State colleges
29 and universities, their disciplinary and grievance
30 proceedings, academic irregularity and capricious grading
31 proceedings, and admission standards and procedures, and (iv)
32 the class specifications for positions and individual position

 

 

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1 descriptions prepared and maintained under the Personnel Code.
2 Those class specifications shall, however, be made reasonably
3 available to the public for inspection and copying. The
4 provisions of this Act do not apply to hearings under Section
5 20 of the Uniform Disposition of Unclaimed Property Act.
6     (c) Section 5-35 of this Act relating to procedures for
7 rulemaking does not apply to the following:
8         (1) Rules adopted by the Pollution Control Board that,
9     in accordance with Section 7.2 of the Environmental
10     Protection Act, are identical in substance to federal
11     regulations or amendments to those regulations
12     implementing the following: Sections 3001, 3002, 3003,
13     3004, 3005, and 9003 of the Solid Waste Disposal Act;
14     Section 105 of the Comprehensive Environmental Response,
15     Compensation, and Liability Act of 1980; Sections 307(b),
16     307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
17     Water Pollution Control Act; and Sections 1412(b),
18     1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
19     Water Act.
20         (2) Rules adopted by the Pollution Control Board that
21     establish or amend standards for the emission of
22     hydrocarbons and carbon monoxide from gasoline powered
23     motor vehicles subject to inspection under Section 13A-105
24     of the Vehicle Emissions Inspection Law and rules adopted
25     under Section 13B-20 of the Vehicle Emissions Inspection
26     Law of 1995.
27         (3) Procedural rules adopted by the Pollution Control
28     Board governing requests for exceptions under Section 14.2
29     of the Environmental Protection Act.
30         (4) The Pollution Control Board's grant, pursuant to an
31     adjudicatory determination, of an adjusted standard for
32     persons who can justify an adjustment consistent with
33     subsection (a) of Section 27 of the Environmental
34     Protection Act.
35         (5) Rules adopted by the Pollution Control Board that
36     are identical in substance to the regulations adopted by

 

 

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1     the Office of the State Fire Marshal under clause (ii) of
2     paragraph (b) of subsection (3) of Section 2 of the
3     Gasoline Storage Act.
4     (d) Pay rates established under Section 8a of the Personnel
5 Code shall be amended or repealed pursuant to the process set
6 forth in Section 5-50 within 30 days after it becomes necessary
7 to do so due to a conflict between the rates and the terms of a
8 collective bargaining agreement covering the compensation of
9 an employee subject to that Code.
10     (e) Section 10-45 of this Act shall not apply to any
11 hearing, proceeding, or investigation conducted under Section
12 13-515 of the Public Utilities Act.
13     (f) Article 10 of this Act does not apply to any hearing,
14 proceeding, or investigation conducted by the State Council for
15 the State of Illinois created under Section 3-3-11.05 of the
16 Unified Code of Corrections or by the Interstate Commission
17 Commision for Adult Offender Supervision created under the
18 Interstate Compact for Adult Offender Supervision.
19 (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
 
20     (5 ILCS 100/1-13 new)
21     Sec. 1-13. "Administrative hearing" means any hearing
22 required to comply with the provisions of this Act concerning a
23 contested case.
 
24     (5 ILCS 100/1-15)  (from Ch. 127, par. 1001-15)
25     Sec. 1-15. "Administrative law judge" means the presiding
26 officer or officers at the initial administrative hearing
27 before each agency and each continuation of that administrative
28 hearing. The term also includes but is not limited to hearing
29 examiners, hearing officers, referees, and arbitrators.
30 (Source: P.A. 87-823.)
 
31     (5 ILCS 100/1-30)  (from Ch. 127, par. 1001-30)
32     Sec. 1-30. "Contested case" means an adjudicatory
33 proceeding (not including ratemaking, rulemaking, or

 

 

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1 quasi-legislative, informational, or similar proceedings) in
2 which the individual legal rights, duties, or privileges of a
3 party are required by law to be determined by an agency only
4 after an opportunity for an administrative a hearing.
5 (Source: P.A. 87-823.)
 
6     (5 ILCS 100/10-5)  (from Ch. 127, par. 1010-5)
7     Sec. 10-5. Rules required for hearings. All agencies shall
8 adopt rules establishing procedures for administrative
9 contested case hearings.
10 (Source: P.A. 87-823.)
 
11     (5 ILCS 100/10-15)  (from Ch. 127, par. 1010-15)
12     Sec. 10-15. Standard of proof. Unless otherwise provided
13 by law or stated in the agency's rules, the standard of proof
14 in any administrative contested case hearing conducted under
15 this Act by an agency shall be the preponderance of the
16 evidence.
17 (Source: P.A. 87-823.)
 
18     (5 ILCS 100/10-20)  (from Ch. 127, par. 1010-20)
19     Sec. 10-20. Qualifications of administrative law judges.
20 All Agencies shall adopt rules concerning the minimum
21 qualifications of administrative law judges for administrative
22 contested case hearings not subject to Article 12 of this Act.
23 The agency head or an attorney licensed to practice law in
24 Illinois may act as an administrative law judge or panel for an
25 agency without adopting any rules under this Section. The These
26 rules may be adopted using the procedures in either Section
27 5-15 or 5-35.
28 (Source: P.A. 87-823.)
 
29     (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
30     Sec. 10-25. Notice of contested cases; administrative
31 notice; hearing.
32     (a) In a contested case, all parties shall be afforded an

 

 

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1 opportunity for an administrative a hearing after reasonable
2 notice. The notice shall be served personally or by certified
3 or registered mail or as otherwise provided by law upon the
4 parties or their agents appointed to receive service of process
5 and shall include the following:
6         (1) A statement of the time, place, and nature of the
7     administrative hearing.
8         (2) A statement of the legal authority and jurisdiction
9     under which the administrative hearing is to be held.
10         (3) A reference to the particular Sections of the
11     substantive and procedural statutes and rules involved.
12         (4) Except where a more detailed statement is otherwise
13     provided for by law, a short and plain statement of the
14     matters asserted, the consequences of a failure to respond,
15     and the official file or other reference number.
16         (5) The names and mailing addresses of the
17     administrative law judge, all parties, and all other
18     persons to whom the agency gives notice of the
19     administrative hearing unless otherwise confidential by
20     law.
21     (b) An opportunity shall be afforded all parties to be
22 represented by legal counsel and to respond and present
23 evidence and argument.
24     (c) Unless precluded by law, disposition may be made of any
25 contested case by stipulation, agreed settlement, consent
26 order, or default.
27 (Source: P.A. 87-823.)
 
28     (5 ILCS 100/10-45)  (from Ch. 127, par. 1010-45)
29     Sec. 10-45. Proposal for decision. Except where otherwise
30 expressly provided by law, when in a contested case a majority
31 of the officials of the agency who are to render the final
32 decision has not heard the case or read the record, the
33 decision, if adverse to a party to the proceeding other than
34 the agency, shall not be made until a proposal for decision is
35 served upon the parties and an opportunity is afforded to each

 

 

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1 party adversely affected to file exceptions and to present a
2 brief and, if the agency so permits, oral argument to the
3 agency officials who are to render the decision. The proposal
4 for decision shall contain a statement of the reasons therefor
5 and of each issue of fact or law necessary to the proposed
6 decision and shall be prepared by the persons who conducted the
7 administrative hearing or one who has read the record.
8 (Source: P.A. 87-823.)
 
9     (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
10     Sec. 10-50. Decisions and orders.
11     (a) A final decision or order adverse to a party (other
12 than the agency) in a contested case shall be in writing or
13 stated on in the record. A final decision shall include
14 findings of fact and conclusions of law, separately stated.
15 Findings of fact, if set forth in statutory language, shall be
16 accompanied by a concise and explicit statement of the
17 underlying facts supporting the findings. If, in accordance
18 with agency rules, a party submitted proposed findings of fact,
19 the decision shall include a ruling upon each proposed finding.
20 Parties or their agents appointed to receive service of process
21 shall be notified either personally or by registered or
22 certified mail of any decision or order. Upon request a copy of
23 the decision or order shall be delivered or mailed forthwith to
24 each party and to each his attorney of record.
25     (b) All agency orders shall specify whether they are final
26 and subject to the Administrative Review Law.
27     (c) A decision by any agency in a contested case under this
28 Act shall be void unless the proceedings are conducted in
29 compliance with the provisions of this Act relating to
30 contested cases, except to the extent those provisions are
31 waived under Section 10-70 and except to the extent the agency
32 has adopted its own rules for contested cases as authorized in
33 Section 1-5.
34 (Source: P.A. 92-16, eff. 6-28-01.)
 

 

 

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1     (5 ILCS 100/10-60)  (from Ch. 127, par. 1010-60)
2     Sec. 10-60. Ex parte communications.
3     (a) Except in the disposition of matters that agencies are
4 authorized by law to entertain or dispose of on an ex parte
5 basis, agency heads, agency employees, and administrative law
6 judges shall not, after notice of hearing in a contested case
7 or licensing to which the procedures of a contested case apply
8 under this Act, communicate, directly or indirectly, in
9 connection with any issue of fact, with any person or party, or
10 in connection with any other issue with any party or the
11 representative of any party, without except upon notice and
12 opportunity for all parties to participate.
13     (b) However, an agency member may communicate with other
14 members of the agency, and an agency member or administrative
15 law judge may have the aid and advice of one or more personal
16 assistants.
17     (c) An ex parte communication received by any agency head,
18 agency employee, or administrative law judge shall be made a
19 part of the record of the pending matter, including all written
20 communications, all written responses to the communications,
21 and a memorandum stating the substance of all oral
22 communications and all responses made and the identity of each
23 person from whom the ex parte communication was received.
24     (d) Communications regarding matters of procedure and
25 practice, such as the format of pleadings, number of copies
26 required, manner of service, scheduling, and status of
27 proceedings, are not considered ex parte communications under
28 this Section.
29 (Source: P.A. 87-823.)
 
30     (5 ILCS 100/10-65)  (from Ch. 127, par. 1010-65)
31     Sec. 10-65. Licenses.
32     (a) When any licensing is required by law to be preceded by
33 notice and an opportunity for an administrative a hearing, the
34 provisions of this Act concerning contested cases shall apply.
35     (b) When a licensee has made timely and sufficient

 

 

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1 application for the renewal of a license or a new license with
2 reference to any activity of a continuing nature, the existing
3 license shall continue in full force and effect until the final
4 agency decision on the application has been made unless a later
5 date is fixed by order of a reviewing court.
6     (c) An application for the renewal of a license or a new
7 license shall include the applicant's social security number.
8 Each agency shall require the licensee to certify on the
9 application form, under penalty of perjury, that he or she is
10 not more than 30 days delinquent in complying with a child
11 support order. Every application shall state that failure to so
12 certify shall result in disciplinary action, and that making a
13 false statement may subject the licensee to contempt of court.
14 The agency shall notify each applicant or licensee who
15 acknowledges a delinquency or who, contrary to his or her
16 certification, is found to be delinquent or who after receiving
17 notice, fails to comply with a subpoena or warrant relating to
18 a paternity or a child support proceeding, that the agency
19 intends to take disciplinary action. Accordingly, the agency
20 shall provide written notice of the facts or conduct upon which
21 the agency will rely to support its proposed action and the
22 applicant or licensee shall be given an opportunity for an
23 administrative a hearing in accordance with the provisions of
24 the Act concerning contested cases. Any delinquency in
25 complying with a child support order can be remedied by
26 arranging for payment of past due and current support. Any
27 failure to comply with a subpoena or warrant relating to a
28 paternity or child support proceeding can be remedied by
29 complying with the subpoena or warrant. Upon a final finding of
30 delinquency or failure to comply with a subpoena or warrant,
31 the agency shall suspend, revoke, or refuse to issue or renew
32 the license. In cases in which the Department of Public Aid has
33 previously determined that an applicant or a licensee is more
34 than 30 days delinquent in the payment of child support and has
35 subsequently certified the delinquency to the licensing
36 agency, and in cases in which a court has previously determined

 

 

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1 that an applicant or licensee has been in violation of the
2 Non-Support Punishment Act for more than 60 days, the licensing
3 agency shall refuse to issue or renew or shall revoke or
4 suspend that person's license based solely upon the
5 certification of delinquency made by the Department of Public
6 Aid or the certification of violation made by the court.
7 Further process, hearings, or redetermination of the
8 delinquency or violation by the licensing agency shall not be
9 required. The licensing agency may issue or renew a license if
10 the licensee has arranged for payment of past and current child
11 support obligations in a manner satisfactory to the Department
12 of Public Aid or the court. The licensing agency may impose
13 conditions, restrictions, or disciplinary action upon that
14 license.
15     (d) Except as provided in subsection (c), no agency shall
16 revoke, suspend, annul, withdraw, amend materially, or refuse
17 to renew any valid license without first giving written notice
18 to the licensee of the facts or conduct upon which the agency
19 will rely to support its proposed action and an opportunity for
20 an administrative a hearing in accordance with the provisions
21 of this Act concerning contested cases. At the administrative
22 hearing, the licensee shall have the right to show compliance
23 with all lawful requirements for the retention, continuation,
24 or renewal of the license. If, however, the agency finds that
25 the public interest, safety, or welfare imperatively requires
26 emergency action, and if the agency incorporates a finding to
27 that effect in its order, summary suspension of a license may
28 be ordered pending proceedings for revocation or other action.
29 Those proceedings shall be promptly instituted and determined.
30     (e) Any application for renewal of a license that contains
31 required and relevant information, data, material, or
32 circumstances that were not contained in an application for the
33 existing license shall be subject to the provisions of
34 subsection (a).
35 (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)
 

 

 

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1     (5 ILCS 100/Art. 12 heading new)
2
ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS

 
3     (5 ILCS 100/12-5 new)
4     Sec. 12-5. Applicability. This Article applies to all
5 agencies under the jurisdiction of the Governor other than the
6 following:
7     (a) Illinois Labor Relations Board and the State Panel and
8 Local Panel created under the Illinois Public Labor Relations
9 Act;
10     (b) Illinois Educational Labor Relations Board;
11     (c) Illinois Commerce Commission;
12     (d) Illinois Workers' Compensation Commission;
13     (e) Civil Service Commission;
14     (f) Pollution Control Board;
15     (g) Illinois State Police Merit Board;
16     (h) Property Tax Appeal Board; and
17     (i) Human Rights Commission.
 
18     (5 ILCS 100/12-10 new)
19     Sec. 12-10. Office of Administrative Hearings.
20     (a) The Office of Administrative Hearings (Office) is
21 established. The Office is an independent State agency in the
22 executive branch and is responsible for conducting
23 administrative hearings in accordance with the legislative
24 intent expressed by this Act.
25     (b) The Office is under the direction of a Chief
26 Administrative Law Judge, appointed by the Governor, by and
27 with the advice and consent of the Senate. The Chief
28 Administrative Law Judge, as a condition of appointment, must
29 have been admitted to practice law in the State of Illinois for
30 at least 10 years, must have substantial knowledge and
31 experience suitable to the duties of the Office, and may be
32 removed only for good cause following notice and an opportunity
33 for an adjudicative hearing.
34     (c) The Chief Administrative Law Judge must maintain his or

 

 

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1 her principal office in Springfield and may maintain any other
2 offices that may be necessary. The Chief Administrative Law
3 Judge may purchase or lease any equipment and supplies that may
4 be necessary to carry out his or her duties and must maintain
5 records and files of the work of the Office.
 
6     (5 ILCS 100/12-15 new)
7     Sec. 12-15. Term of office and salary.
8     (a) The Chief Administrative Law Judge shall serve for a
9 term of 6 years, provided that he or she shall hold office
10 until a successor is appointed.
11     (b) The Chief Administrative Law Judge shall receive an
12 annual salary of $95,000 or the amount established by the
13 Compensation Review 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:
24     (a) The Chief Administrative Law Judge may select any
25 administrative law judges that are necessary to carry out the
26 purposes of this Article. The Chief Administrative Law Judge
27 may establish different levels of administrative law judge
28 positions. The Chief Administrative Law Judge may employ and
29 direct other staff, including administrative, technical,
30 clerical, and other specialized or technical personnel that may
31 be necessary to carry out the purposes of this Article.
32         (1) Except as otherwise provided in paragraph (2) of
33     this subsection, each administrative law judge must have

 

 

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1     been admitted to practice as an attorney in this State for
2     at least 5 years and must have a demonstrated knowledge of
3     and experience in administrative law and procedure that is
4     suitable to the duties of the Office. An administrative law
5     judge must be a full-time or part-time employee of the
6     Office, except that the Chief Administrative Law Judge may
7     contract for the services of an attorney to serve as an
8     administrative law judge for a specific case, when
9     necessary, because of a lack of available employees with
10     the expertise required to handle a specialized contested
11     case.
12         (2) The Chief Administrative Law Judge may employ
13     persons who are not admitted to practice as an attorney to
14     act as administrative law judges if they are transferred to
15     the Office under subsection (c) of Section 12-40 of this
16     Article. The Chief Administrative Law Judge may also employ
17     or contract with persons not admitted to practice law if
18     those persons have the requisite knowledge of
19     administrative law and procedure and the specialized
20     subject-matter expertise to act as administrative law
21     judges in highly technical cases.
22     (b) Employees of the Office are not subject to the
23 Personnel Code. The Chief Administrative Law Judge must
24 establish hiring procedures based upon merit and fitness and
25 may discipline and terminate employees based only upon good
26 cause. The Chief Administrative Law Judge must fix salaries of
27 Office employees and adopt personnel rules establishing a
28 general salary schedule according to a classification of
29 employees, subject to merit increases, that applies to all
30 employees. The Chief Administrative Law Judge must adopt a code
31 of conduct and rules concerning the hiring, discipline, and
32 termination of employees.
33     (c) The Chief Administrative Law Judge must assign an
34 administrative law judge for any proceeding that is required by
35 this Article to be conducted by the Office and for any
36 proceeding for which the Office has agreed to furnish an

 

 

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1 administrative law judge as provided in subsection (d). Any
2 administrative law judge so assigned does not become an
3 employee of the agency during the assignment and is not subject
4 to the direction or the supervision of the agency to whose
5 proceeding the administrative law judge has been assigned.
6     (d) The Office may enter into an interagency agreement with
7 any agency to furnish administrative law judges to conduct
8 administrative hearings not otherwise required to be conducted
9 by the Office. The Office may also enter into an agreement with
10 a unit of local government or school district to furnish
11 administrative law judges to conduct administrative hearings.
12     (e) In assigning administrative law judges, the Chief
13 Administrative Law Judge must, when possible, use personnel
14 having experience in the field or subject matter of the hearing
15 and assign administrative law judges primarily to the hearings
16 of particular agencies on a long-term basis. The Chief
17 Administrative Law Judge may act as an administrative law judge
18 in a particular case.
19     (f) The Office may adopt rules as necessary to carry out
20 its powers and duties under this Act. The rules must include,
21 but are not limited to, the procedures for requesting the
22 assignment of administrative law judges. No agency, however,
23 may select any individual administrative law judge for any
24 proceeding or reject any individual administrative law judge,
25 except in accordance with the provisions of this Article
26 regarding disqualifications.
27     (g) The Office must develop and institute a program of
28 continuing education and training for administrative law
29 judges and may permit administrative law judges and hearing
30 examiners employed by other agencies to participate in its
31 program. The Office may develop and institute other educational
32 programs in the area of administrative law and procedure for
33 the benefit of State employees and those who participate in
34 administrative hearings.
35     (h) The Office must:
36         (1) annually collect information on administrative law

 

 

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1     and procedure in Illinois and must study administrative law
2     and procedure for the purpose of improving the fairness,
3     efficiency, and uniformity of administrative adjudicatory
4     proceedings in Illinois;
5         (2) monitor the quality and cost of State
6     administrative hearings; and
7         (3) annually report its findings and recommendations
8     to the Governor and to the General Assembly no later than
9     March 15 of each year.
 
10     (5 ILCS 100/12-30 new)
11     Sec. 12-30. Proceedings. Beginning on January 1, 2007, an
12 administrative law judge of the Office shall preside over any
13 administrative hearing of any agency subject to this Article,
14 except that an administrative hearing in a contested case
15 commenced before January 1, 2007 and pending before an
16 administrative law judge not transferred to the Office of
17 Administrative Hearings by operation of Section 12-40 of this
18 Article shall not be heard by an administrative law judge of
19 the Office without the agreement of the parties.
 
20     (5 ILCS 100/12-35 new)
21     Sec. 12-35. Administrative Hearing Procedures.
22     (a) Time and place of hearing. The Office must consult the
23 agency and determine the place and the time of commencement of
24 the administrative hearing.
25     (b) Powers of administrative law judge. The administrative
26 law judge presides at the administrative hearing and may:
27         (1) administer oaths and affirmations;
28         (2) rule on offers of proof and receive relevant
29     evidence;
30         (3) regulate the schedule and the course of the
31     hearing;
32         (4) dispose of procedural requests or similar matters;
33         (5) sign and issue subpoenas in the name of the agency
34     requiring attendance and giving of testimony by witnesses

 

 

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1     and the production of books, papers, and other documentary
2     evidence;
3         (6) exercise any other powers relating to the conduct
4     of the administrative hearing that are lawfully delegated
5     to him or her by the agency or by the examining, advisory,
6     or disciplinary board. Whenever, after an agency head or an
7     examining, advisory, or disciplinary board has commenced
8     hearing a case with an administrative law judge presiding,
9     a quorum no longer exists, the administrate law judge who
10     is presiding must complete the hearing as if sitting alone
11     and must render a proposed decision in accordance with
12     subsection (e) of this Section; and
13         (7) perform other necessary and appropriate acts in the
14     performance of his or her duties.
15     (c) Disqualifications.
16         (1) An administrative law judge of the Office must
17     voluntarily disqualify himself or herself and withdraw
18     from any case for bias, prejudice, interest, or any other
19     cause for which, under the laws of this State, a State
20     court judge is disqualified from hearing a particular case.
21     An administrative law judge should perform the duties of
22     the Office impartially and diligently.
23         (2) Any party may petition for the disqualification of
24     any administrative law judge by filing an affidavit stating
25     with particularity the grounds upon which it is claimed
26     that a fair and impartial hearing cannot be accorded. The
27     affidavit must be filed before the taking of evidence or,
28     if evidence has already been taken, promptly upon
29     discovering facts establishing grounds for
30     disqualification.
31         (3) The administrative law judge whose
32     disqualification is requested must determine whether to
33     grant the petition, stating facts and reasons for the
34     determination.
35         (4) If an administrative law judge becomes unavailable
36     as a result of recusal or any other reasons, the Chief

 

 

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1     Administrative Law Judge must assign another
2     administrative law judge to preside at the administrative
3     hearing.
4     (d) Ex parte communications. Except in disposition of
5 matters that are authorized by law to be disposed of on an ex
6 parte basis, no administrative law judge of the Office may,
7 after notice of an administrative hearing in a contested case,
8 communicate, directly or indirectly, in connection with any
9 issue of fact, with any person or party, or in connection with
10 any other issue with any party or his or her representative,
11 without notice and opportunity for all parties to participate.
12 An administrative law judge, however, may communicate with
13 other employees of the Office. No member of the Office may
14 communicate regarding pending matters to any member of an
15 agency or of an examining, advisory, or disciplinary board if
16 the agency or board is hearing the case with the administrative
17 law judge. An administrative law judge may have the aid and
18 advice of one or more assistants.
19     (e) Proposed decisions. When a majority of the members of
20 an agency or of an examining, advisory, or disciplinary board
21 has not heard a case with the administrative law judge, any
22 proposed decision prepared by an administrative law judge of
23 the Office is subject to this subsection (e) and Section 10-45
24 of this Act.
25         (1) When an administrative law judge hears a case
26     alone, he or she must prepare a proposed decision in a form
27     that may be adopted as the decision in the case. The
28     administrative law judge must submit the proposed decision
29     to the agency or, in the case of proceedings that an
30     examining, advisory, or disciplinary board is authorized
31     by an Act to hear and make a recommended decision, to the
32     examining, advisory, or disciplinary board.
33         (2) When an administrative law judge hears a case with
34     an agency head or with an examining, advisory, or
35     disciplinary board, the administrative law judge must be
36     present during the consideration of the case and must, if

 

 

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1     requested by the agency or by the board, prepare a proposed
2     decision and submit it to the agency or board.
3         (3) In reviewing a proposed decision submitted by an
4     administrative law judge of the Office, an agency head or
5     an examining, advisory, or disciplinary board is not bound
6     by the proposed decision and may adopt all, some, or none
7     of the proposed decision as its recommended decision. If
8     the agency head or examining, advisory, or disciplinary
9     board does not adopt the proposed decision in its entirety,
10     it must either (i) recommend a decision in the case based
11     upon the record, including transcript, or (ii) remand the
12     case to the same administrative law judge to take
13     additional evidence.
14         (4) If a case has been remanded to an administrative
15     law judge to take additional evidence or to include more
16     detailed findings of fact or conclusions of law, the
17     administrative law judge must prepare a proposed decision
18     upon the additional evidence and upon the transcript and
19     other papers that are part of the record of the prior
20     hearing and must submit the proposed decision to the agency
21     or to the examining, advisory, or disciplinary board. If
22     the administrative law judge who heard the case originally
23     is unavailable to take the additional evidence, by reason
24     of illness or other disability or because he or she is no
25     longer employed by the Office, the Chief Administrative Law
26     Judge must assign a different administrative law judge to
27     take the additional evidence.
 
28     (5 ILCS 100/12-40 new)
29     Sec. 12-40. Transition.
30     (a) The Governor must appoint a Chief Administrative Law
31 Judge to take office on July 1, 2006.
32     (b) No later than July 1, 2006, each agency must provide to
33 the Chief Administrative Law Judge all relevant information
34 concerning hearings, number of hearings, personnel used as
35 hearing officers and support staff, and actual expenditures for

 

 

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1 contracted hearing officer services, equipment, and travel.
2     (c) All full-time administrative law judges used
3 principally to preside over administrative hearings conducted
4 by an agency subject to the provisions of this Act for at least
5 one year before July 1, 2006 must be administratively
6 transferred to the Office no later than January 1, 2007.
7     (d) All full-time employees who have principally served as
8 support staff of those employees transferred under subsection
9 (c) of this Section must be administratively transferred to the
10 Office no later than January 1, 2007.
11     (e) All equipment or other tangible property, in possession
12 of agencies, used or held principally by personnel transferred
13 under this Section must be transferred to the Office not later
14 than January 1, 2007, unless the head of the agency and the
15 Chief Administrative Law Judge determine that the equipment or
16 property will be more efficiently used by the agency if not
17 transferred.
 
18     Section 10. The Personnel Code is amended by changing
19 Section 4c as follows:
 
20     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
21     Sec. 4c. General exemptions. The following positions in
22 State service shall be exempt from jurisdictions A, B, and C,
23 unless the jurisdictions shall be extended as provided in this
24 Act:
25         (1) All officers elected by the people.
26         (2) All positions under the Lieutenant Governor,
27     Secretary of State, State Treasurer, State Comptroller,
28     State Board of Education, Clerk of the Supreme Court, and
29     Attorney General.
30         (3) Judges, and officers and employees of the courts,
31     and notaries public.
32         (4) All officers and employees of the Illinois General
33     Assembly, all employees of legislative commissions, all
34     officers and employees of the Illinois Legislative

 

 

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1     Reference Bureau, the Legislative Research Unit, and the
2     Legislative Printing Unit.
3         (5) All positions in the Illinois National Guard and
4     Illinois State Guard, paid from federal funds or positions
5     in the State Military Service filled by enlistment and paid
6     from State funds.
7         (6) All employees of the Governor at the executive
8     mansion and on his immediate personal staff.
9         (7) Directors of Departments, the Adjutant General,
10     the Assistant Adjutant General, the Director of the
11     Illinois Emergency Management Agency, members of boards
12     and commissions, and all other positions appointed by the
13     Governor by and with the consent of the Senate.
14         (8) The presidents, other principal administrative
15     officers, and teaching, research and extension faculties
16     of Chicago State University, Eastern Illinois University,
17     Governors State University, Illinois State University,
18     Northeastern Illinois University, Northern Illinois
19     University, Western Illinois University, the Illinois
20     Community College Board, Southern Illinois University,
21     Illinois Board of Higher Education, University of
22     Illinois, State Universities Civil Service System,
23     University Retirement System of Illinois, and the
24     administrative officers and scientific and technical staff
25     of the Illinois State Museum.
26         (9) All other employees except the presidents, other
27     principal administrative officers, and teaching, research
28     and extension faculties of the universities under the
29     jurisdiction of the Board of Regents and the colleges and
30     universities under the jurisdiction of the Board of
31     Governors of State Colleges and Universities, Illinois
32     Community College Board, Southern Illinois University,
33     Illinois Board of Higher Education, Board of Governors of
34     State Colleges and Universities, the Board of Regents,
35     University of Illinois, State Universities Civil Service
36     System, University Retirement System of Illinois, so long

 

 

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1     as these are subject to the provisions of the State
2     Universities Civil Service Act.
3         (10) The State Police so long as they are subject to
4     the merit provisions of the State Police Act.
5         (11) The scientific staff of the State Scientific
6     Surveys and the Waste Management and Research Center.
7         (12) The technical and engineering staffs of the
8     Department of Transportation, the Department of Nuclear
9     Safety, the Pollution Control Board, and the Illinois
10     Commerce Commission, and the technical and engineering
11     staff providing architectural and engineering services in
12     the Department of Central Management Services.
13         (13) All employees of the Illinois State Toll Highway
14     Authority.
15         (14) The Secretary of the Illinois Workers'
16     Compensation Commission.
17         (15) All persons who are appointed or employed by the
18     Director of Insurance under authority of Section 202 of the
19     Illinois Insurance Code to assist the Director of Insurance
20     in discharging his responsibilities relating to the
21     rehabilitation, liquidation, conservation, and dissolution
22     of companies that are subject to the jurisdiction of the
23     Illinois Insurance Code.
24         (16) All employees of the St. Louis Metropolitan Area
25     Airport Authority.
26         (17) All investment officers employed by the Illinois
27     State Board of Investment.
28         (18) Employees of the Illinois Young Adult
29     Conservation Corps program, administered by the Illinois
30     Department of Natural Resources, authorized grantee under
31     Title VIII of the Comprehensive Employment and Training Act
32     of 1973, 29 USC 993.
33         (19) Seasonal employees of the Department of
34     Agriculture for the operation of the Illinois State Fair
35     and the DuQuoin State Fair, no one person receiving more
36     than 29 days of such employment in any calendar year.

 

 

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1         (20) All "temporary" employees hired under the
2     Department of Natural Resources' Illinois Conservation
3     Service, a youth employment program that hires young people
4     to work in State parks for a period of one year or less.
5         (21) All hearing officers of the Human Rights
6     Commission.
7         (22) All employees of the Illinois Mathematics and
8     Science Academy.
9         (23) All employees of the Kankakee River Valley Area
10     Airport Authority.
11         (24) The commissioners and employees of the Executive
12     Ethics Commission.
13         (25) The Executive Inspectors General, including
14     special Executive Inspectors General, and employees of
15     each Office of an Executive Inspector General.
16         (26) The commissioners and employees of the
17     Legislative Ethics Commission.
18         (27) The Legislative Inspector General, including
19     special Legislative Inspectors General, and employees of
20     the Office of the Legislative Inspector General.
21         (28) The Auditor General's Inspector General and
22     employees of the Office of the Auditor General's Inspector
23     General.
24         (29) All employees of the Office of Administrative
25     Hearings.
26 (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
27 revised 10-14-04.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.