96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1610

 

Introduced 2/19/2009, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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, the Human Rights Commission, and the State Board of Elections. 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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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
7 Sections 1-13 and 10-3, Article 12 heading, and Sections 12-5,
8 12-10, 12-15, 12-20, 12-25, 12-30, 12-35, and 12-40 as follows:
 
9     (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
10     Sec. 1-5. Applicability.
11     (a) This Act applies to every agency as defined in this
12 Act. Beginning January 1, 1978, in case of conflict between the
13 provisions of this Act and the Act creating or conferring power
14 on an agency, this Act shall control. If, however, an agency
15 (or its predecessor in the case of an agency that has been
16 consolidated or reorganized) has existing procedures on July 1,
17 1977, specifically for contested cases or licensing, those
18 existing provisions control, except that this exception
19 respecting contested cases and licensing does not apply if the
20 Act creating or conferring power on the agency adopts by
21 express reference the provisions of this Act. Where the Act
22 creating or conferring power on an agency establishes
23 administrative procedures not covered by this Act, those

 

 

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1 procedures shall remain in effect.
2     (b) The provisions of this Act do not apply to (i)
3 preliminary hearings, investigations, or practices where no
4 final determinations affecting State funding are made by the
5 State Board of Education, (ii) legal opinions issued under
6 Section 2-3.7 of the School Code, (iii) as to State colleges
7 and universities, their disciplinary and grievance
8 proceedings, academic irregularity and capricious grading
9 proceedings, and admission standards and procedures, and (iv)
10 the class specifications for positions and individual position
11 descriptions prepared and maintained under the Personnel Code.
12 Those class specifications shall, however, be made reasonably
13 available to the public for inspection and copying. The
14 provisions of this Act do not apply to hearings under Section
15 20 of the Uniform Disposition of Unclaimed Property Act.
16     (c) Section 5-35 of this Act relating to procedures for
17 rulemaking does not apply to the following:
18         (1) Rules adopted by the Pollution Control Board that,
19     in accordance with Section 7.2 of the Environmental
20     Protection Act, are identical in substance to federal
21     regulations or amendments to those regulations
22     implementing the following: Sections 3001, 3002, 3003,
23     3004, 3005, and 9003 of the Solid Waste Disposal Act;
24     Section 105 of the Comprehensive Environmental Response,
25     Compensation, and Liability Act of 1980; Sections 307(b),
26     307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal

 

 

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1     Water Pollution Control Act; and Sections 1412(b),
2     1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
3     Water Act.
4         (2) Rules adopted by the Pollution Control Board that
5     establish or amend standards for the emission of
6     hydrocarbons and carbon monoxide from gasoline powered
7     motor vehicles subject to inspection under the Vehicle
8     Emissions Inspection Law of 2005 or its predecessor laws .
9         (3) Procedural rules adopted by the Pollution Control
10     Board governing requests for exceptions under Section 14.2
11     of the Environmental Protection Act.
12         (4) The Pollution Control Board's grant, pursuant to an
13     adjudicatory determination, of an adjusted standard for
14     persons who can justify an adjustment consistent with
15     subsection (a) of Section 27 of the Environmental
16     Protection Act.
17         (5) Rules adopted by the Pollution Control Board that
18     are identical in substance to the regulations adopted by
19     the Office of the State Fire Marshal under clause (ii) of
20     paragraph (b) of subsection (3) of Section 2 of the
21     Gasoline Storage Act.
22     (d) Pay rates established under Section 8a of the Personnel
23 Code shall be amended or repealed pursuant to the process set
24 forth in Section 5-50 within 30 days after it becomes necessary
25 to do so due to a conflict between the rates and the terms of a
26 collective bargaining agreement covering the compensation of

 

 

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1 an employee subject to that Code.
2     (e) Section 10-45 of this Act shall not apply to any
3 hearing, proceeding, or investigation conducted under Section
4 13-515 of the Public Utilities Act.
5     (f) Article 10 of this Act does not apply to any hearing,
6 proceeding, or investigation conducted by the State Council for
7 the State of Illinois created under Section 3-3-11.05 of the
8 Unified Code of Corrections or by the Interstate Commission for
9 Adult Offender Supervision created under the Interstate
10 Compact for Adult Offender Supervision or by the Interstate
11 Commission for Juveniles created under the Interstate Compact
12 for Juveniles.
13     (g) This Act is subject to the provisions of Article XXI of
14 the Public Utilities Act. To the extent that any provision of
15 this Act conflicts with the provisions of that Article XXI, the
16 provisions of that Article XXI control.
17 (Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; 95-937,
18 eff. 8-26-08.)
 
19     (5 ILCS 100/1-13 new)
20     Sec. 1-13. "Administrative hearing" means any hearing
21 required to comply with the provisions of this Act concerning a
22 contested case.
 
23     (5 ILCS 100/1-15)  (from Ch. 127, par. 1001-15)
24     Sec. 1-15. "Administrative law judge" means the presiding

 

 

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1 officer or officers at the initial administrative hearing
2 before each agency and each continuation of that administrative
3 hearing. The term also includes but is not limited to hearing
4 examiners, hearing officers, referees, and arbitrators.
5 (Source: P.A. 87-823.)
 
6     (5 ILCS 100/1-30)  (from Ch. 127, par. 1001-30)
7     Sec. 1-30. "Contested case" means an adjudicatory
8 proceeding (not including ratemaking, rulemaking, or
9 quasi-legislative, informational, or similar proceedings) in
10 which the individual legal rights, duties, or privileges of a
11 party are required by law to be determined by an agency only
12 after an opportunity for an administrative a hearing.
13 (Source: P.A. 87-823.)
 
14     (5 ILCS 100/10-3 new)
15     Sec. 10-3. Applicability. This Article applies to all
16 agencies not covered by Article 12.
 
17     (5 ILCS 100/10-5)  (from Ch. 127, par. 1010-5)
18     Sec. 10-5. Rules required for hearings. All agencies shall
19 adopt rules establishing procedures for administrative
20 contested case hearings.
21 (Source: P.A. 87-823.)
 
22     (5 ILCS 100/10-15)  (from Ch. 127, par. 1010-15)

 

 

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1     Sec. 10-15. Standard of proof. Unless otherwise provided
2 by law or stated in the agency's rules, the standard of proof
3 in any administrative contested case hearing conducted under
4 this Act by an agency shall be the preponderance of the
5 evidence.
6 (Source: P.A. 87-823.)
 
7     (5 ILCS 100/10-20)  (from Ch. 127, par. 1010-20)
8     Sec. 10-20. Qualifications of administrative law judges.
9 All Agencies shall adopt rules concerning the minimum
10 qualifications of administrative law judges for administrative
11 contested case hearings not subject to Article 12 of this Act.
12 The agency head or an attorney licensed to practice law in
13 Illinois may act as an administrative law judge or panel for an
14 agency without adopting any rules under this Section. The These
15 rules may be adopted using the procedures in either Section
16 5-15 or 5-35.
17 (Source: P.A. 87-823.)
 
18     (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
19     Sec. 10-25. Notice of contested cases; administrative
20 notice; hearing.
21     (a) In a contested case, all parties shall be afforded an
22 opportunity for an administrative a hearing after reasonable
23 notice. The notice shall be served personally or by certified
24 or registered mail or as otherwise provided by law upon the

 

 

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1 parties or their agents appointed to receive service of process
2 and shall include the following:
3         (1) A statement of the time, place, and nature of the
4     administrative hearing.
5         (2) A statement of the legal authority and jurisdiction
6     under which the administrative hearing is to be held.
7         (3) A reference to the particular Sections of the
8     substantive and procedural statutes and rules involved.
9         (4) Except where a more detailed statement is otherwise
10     provided for by law, a short and plain statement of the
11     matters asserted, the consequences of a failure to respond,
12     and the official file or other reference number.
13         (5) The names and mailing addresses of the
14     administrative law judge, all parties, and all other
15     persons to whom the agency gives notice of the
16     administrative hearing unless otherwise confidential by
17     law.
18     (b) An opportunity shall be afforded all parties to be
19 represented by legal counsel and to respond and present
20 evidence and argument.
21     (c) Unless precluded by law, disposition may be made of any
22 contested case by stipulation, agreed settlement, consent
23 order, or default.
24 (Source: P.A. 87-823.)
 
25     (5 ILCS 100/10-45)  (from Ch. 127, par. 1010-45)

 

 

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1     Sec. 10-45. Proposal for decision. Except where otherwise
2 expressly provided by law, when in a contested case a majority
3 of the officials of the agency who are to render the final
4 decision has not heard the case or read the record, the
5 decision, if adverse to a party to the proceeding other than
6 the agency, shall not be made until a proposal for decision is
7 served upon the parties and an opportunity is afforded to each
8 party adversely affected to file exceptions and to present a
9 brief and, if the agency so permits, oral argument to the
10 agency officials who are to render the decision. The proposal
11 for decision shall contain a statement of the reasons therefor
12 and of each issue of fact or law necessary to the proposed
13 decision and shall be prepared by the persons who conducted the
14 administrative hearing or one who has read the record.
15 (Source: P.A. 87-823.)
 
16     (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
17     Sec. 10-50. Decisions and orders.
18     (a) A final decision or order adverse to a party (other
19 than the agency) in a contested case shall be in writing or
20 stated on in the record. A final decision shall include
21 findings of fact and conclusions of law, separately stated.
22 Findings of fact, if set forth in statutory language, shall be
23 accompanied by a concise and explicit statement of the
24 underlying facts supporting the findings. If, in accordance
25 with agency rules, a party submitted proposed findings of fact,

 

 

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1 the decision shall include a ruling upon each proposed finding.
2 Parties or their agents appointed to receive service of process
3 shall be notified either personally or by registered or
4 certified mail of any decision or order. Upon request a copy of
5 the decision or order shall be delivered or mailed forthwith to
6 each party and to each his attorney of record.
7     (b) All agency orders shall specify whether they are final
8 and subject to the Administrative Review Law.
9     (c) A decision by any agency in a contested case under this
10 Act shall be void unless the proceedings are conducted in
11 compliance with the provisions of this Act relating to
12 contested cases, except to the extent those provisions are
13 waived under Section 10-70 and except to the extent the agency
14 has adopted its own rules for contested cases as authorized in
15 Section 1-5.
16 (Source: P.A. 92-16, eff. 6-28-01.)
 
17     (5 ILCS 100/10-60)  (from Ch. 127, par. 1010-60)
18     Sec. 10-60. Ex parte communications.
19     (a) Except in the disposition of matters that agencies are
20 authorized by law to entertain or dispose of on an ex parte
21 basis, agency heads, agency employees, and administrative law
22 judges shall not, after notice of hearing in a contested case
23 or licensing to which the procedures of a contested case apply
24 under this Act, communicate, directly or indirectly, in
25 connection with any issue of fact, with any person or party, or

 

 

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

 

 

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1     (b) When a licensee has made timely and sufficient
2 application for the renewal of a license or a new license with
3 reference to any activity of a continuing nature, the existing
4 license shall continue in full force and effect until the final
5 agency decision on the application has been made unless a later
6 date is fixed by order of a reviewing court.
7     (c) Except as provided in Section 1-17 1-27 of the
8 Department of Natural Resources Act, an application for the
9 renewal of a license or a new license shall include the
10 applicant's social security number. Each agency shall require
11 the licensee to certify on the application form, under penalty
12 of perjury, that he or she is not more than 30 days delinquent
13 in complying with a child support order. Every application
14 shall state that failure to so certify shall result in
15 disciplinary action, and that making a false statement may
16 subject the licensee to contempt of court. The agency shall
17 notify each applicant or licensee who acknowledges a
18 delinquency or who, contrary to his or her certification, is
19 found to be delinquent or who after receiving notice, fails to
20 comply with a subpoena or warrant relating to a paternity or a
21 child support proceeding, that the agency intends to take
22 disciplinary action. Accordingly, the agency shall provide
23 written notice of the facts or conduct upon which the agency
24 will rely to support its proposed action and the applicant or
25 licensee shall be given an opportunity for an administrative a
26 hearing in accordance with the provisions of the Act concerning

 

 

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1 contested cases. Any delinquency in complying with a child
2 support order can be remedied by arranging for payment of past
3 due and current support. Any failure to comply with a subpoena
4 or warrant relating to a paternity or child support proceeding
5 can be remedied by complying with the subpoena or warrant. Upon
6 a final finding of delinquency or failure to comply with a
7 subpoena or warrant, the agency shall suspend, revoke, or
8 refuse to issue or renew the license. In cases in which the
9 Department of Healthcare and Family Services (formerly
10 Department of Public Aid) has previously determined that an
11 applicant or a licensee is more than 30 days delinquent in the
12 payment of child support and has subsequently certified the
13 delinquency to the licensing agency, and in cases in which a
14 court has previously determined that an applicant or licensee
15 has been in violation of the Non-Support Punishment Act for
16 more than 60 days, the licensing agency shall refuse to issue
17 or renew or shall revoke or suspend that person's license based
18 solely upon the certification of delinquency made by the
19 Department of Healthcare and Family Services (formerly
20 Department of Public Aid) or the certification of violation
21 made by the court. Further process, hearings, or
22 redetermination of the delinquency or violation by the
23 licensing agency shall not be required. The licensing agency
24 may issue or renew a license if the licensee has arranged for
25 payment of past and current child support obligations in a
26 manner satisfactory to the Department of Healthcare and Family

 

 

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1 Services (formerly Department of Public Aid) or the court. The
2 licensing agency may impose conditions, restrictions, or
3 disciplinary action upon that license.
4     (d) Except as provided in subsection (c), no agency shall
5 revoke, suspend, annul, withdraw, amend materially, or refuse
6 to renew any valid license without first giving written notice
7 to the licensee of the facts or conduct upon which the agency
8 will rely to support its proposed action and an opportunity for
9 an administrative a hearing in accordance with the provisions
10 of this Act concerning contested cases. At the administrative
11 hearing, the licensee shall have the right to show compliance
12 with all lawful requirements for the retention, continuation,
13 or renewal of the license. If, however, the agency finds that
14 the public interest, safety, or welfare imperatively requires
15 emergency action, and if the agency incorporates a finding to
16 that effect in its order, summary suspension of a license may
17 be ordered pending proceedings for revocation or other action.
18 Those proceedings shall be promptly instituted and determined.
19     (e) Any application for renewal of a license that contains
20 required and relevant information, data, material, or
21 circumstances that were not contained in an application for the
22 existing license shall be subject to the provisions of
23 subsection (a).
24 (Source: P.A. 94-40, eff. 1-1-06; 95-331, eff. 8-21-07; revised
25 10-28-08.)
 

 

 

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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 Boards created under the
8 Illinois Public Labor Relations Act;
9     (b) Illinois Educational Labor Relations Board;
10     (c) Illinois Commerce Commission;
11     (d) Illinois Workers' Compensation Commission;
12     (e) Civil Service Commission;
13     (f) Pollution Control Board;
14     (g) Illinois State Police Merit Board;
15     (h) Property Tax Appeal Board;
16     (i) Human Rights Commission; and
17     (j) State Board of Elections.
 
18     (5 ILCS 100/12-10 new)
19     Sec. 12-10. Office of Administrative Hearings.
20     (a) The Office of Administrative Hearings, hereinafter
21 referred to as the Office, is established for the purpose of
22 improving public trust and confidence in administrative
23 adjudication by:
24         (1) separating the adjudicatory function from the

 

 

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1     investigatory, prosecutory, and policy-making functions of
2     agencies in the executive branch;
3         (2) establishing a professional corp of administrative
4     law judges;
5         (3) establishing greater uniformity in the rules of
6     procedure and evidence in administrative adjudication; and
7         (4) eliminating unnecessary and duplicative costs in
8     administrative adjudication.
9     (b) The Office is an independent State agency in the
10 executive branch and is responsible for conducting
11 administrative hearings in accordance with the legislative
12 intent expressed by this Act.
13     (c) The Office is under the administration, supervision,
14 and direction of a Chief Administrative Law Judge, appointed by
15 the Governor, by and with the advice and consent of the Senate.
16 The Chief Administrative Law Judge, as a condition of
17 appointment, must have been admitted to practice law in the
18 State of Illinois for at least 10 years, must have substantial
19 knowledge and experience suitable to the duties of the Office,
20 and may be removed only for good cause following notice and an
21 opportunity for an adjudicative hearing.
22     (d) The Chief Administrative Law Judge must maintain his or
23 her principal office in Springfield and may maintain any other
24 offices that may be necessary.
25     (e) The Office may purchase or lease any equipment and
26 supplies that may be necessary to carry out its duties and must

 

 

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1 maintain records and files of the work of the Office.
2     (f) The Office of Administrative Hearings by and through
3 the Chief Administrative Law Judge and any Administrative Law
4 Judge under this Article is empowered to subpoena and bring
5 before it, him, or her any person in this State and to take
6 testimony, in person or by telephone, upon payment of the same
7 fees, and in the same manner as is prescribed by law for
8 judicial proceedings in civil cases in the courts of this
9 State. The term "Administrative Law Judge" as used in this
10 Article means an administrative law judge as defined in Section
11 1-15 who is an employee of the Office.
12     (g) The Office may enter into an interagency agreement with
13 any agency to furnish administrative law judges to conduct
14 administrative hearings not otherwise required to be conducted
15 by the Office. The Office may also enter into an agreement with
16 a unit of local government or school district to furnish
17 administrative law judges to conduct administrative hearings.
18     (h) Any finding, determination, ruling or order issued as
19 result of any hearing conducted for any public entity subject
20 to or contracted for under this Article shall have the same
21 status and be subject to the same conditions and limitations as
22 if conducted by that public entity. That entity shall remain
23 the proper party named and served in any action in
24 administrative review under the provisions of the
25 Administrative Review Law or other review or appeal provision
26 provided by law.

 

 

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1     (i) The Office must develop and institute a program of
2 continuing education and training for administrative law
3 judges and may permit administrative law judges and hearing
4 examiners employed by other agencies to participate in its
5 program. The Office shall also develop and implement a code of
6 professional conduct for its administrative law judges,
7 incorporating the provisions of the Rules of Judicial Conduct
8 whenever possible. The Office may develop and institute other
9 educational programs in the area of administrative law and
10 procedure for the benefit of State employees and those who
11 participate in administrative hearings.
 
12     (5 ILCS 100/12-15 new)
13     Sec. 12-15. Term of office and salary.
14     (a) The Chief Administrative Law Judge shall serve for a
15 term of 6 years, provided that he or she shall hold office
16 until a successor is appointed.
17     (b) The Chief Administrative Law Judge shall receive an
18 annual salary as set by the Governor of Illinois from time to
19 time or the amount established by the Compensation Review
20 Board, whichever is greater.
 
21     (5 ILCS 100/12-20 new)
22     Sec. 12-20. Oath. Each prospective Chief Administrative
23 Law Judge, before taking office, must take and subscribe to the
24 oath or affirmation prescribed by Section 3 of Article XIII of

 

 

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1 the Illinois Constitution, an executed copy of which must be
2 filed with the Secretary of State.
 
3     (5 ILCS 100/12-25 new)
4     Sec. 12-25. Powers and Duties of the Chief Administrative
5 Law Judge. The Chief Administrative Law Judge has the following
6 powers and duties:
7     (a) The Chief Administrative Law Judge may employ
8 Administrative Law Judges that are necessary to carry out the
9 purposes of this Article.
10     (b) Administrative Law Judges and their immediate
11 supervisors shall be subject to Jurisdiction A, B, and C of the
12 Personnel Code, except that provisions contained in Sections
13 8b.18 and 8b.19 of the Personnel Code (20 ILCS 415/8b.18 and
14 415/8b.19) shall not apply.
15     (c) Except as otherwise provided in Section 12-40 of this
16 Article, an Administrative Law Judge must have been admitted to
17 practice as an attorney in this State for at least 5 years and
18 must have a demonstrated knowledge of and experience in
19 administrative law and procedure that is suitable to the duties
20 of the Office. Supervisors of Administrative Law Judges must be
21 experienced administrative law judges.
22     (d) The Chief Administrative Law Judge may contract for the
23 services of an attorney to serve as a special administrative
24 law judge when necessary.
25     (e) The Chief Administrative Law Judge must adopt a code of

 

 

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1 conduct and rules concerning the discipline and termination of
2 Office Administrative Law Judges and the resolution of
3 grievances, subject to any collective bargaining agreement.
4     (f) The Chief Administrative Law Judge may employ and
5 direct other staff, including administrative, supervisory,
6 clerical, and other specialized or technical personnel that may
7 be necessary to carry out the purposes of this Article.
8     (g) The Chief Administrative Law Judge must assign an
9 administrative law judge for any proceeding that is required by
10 this Article to be conducted by the Office and for any
11 proceeding for which the Office has agreed to furnish an
12 administrative law judge as provided in Section 12-10 of this
13 Act.
14     (h) Any administrative law judge so assigned does not
15 become an employee of the agency during the assignment and is
16 not subject to the direction or the supervision of the agency
17 to whose proceeding the administrative law judge has been
18 assigned.
19     (i) In assigning administrative law judges, the Chief
20 Administrative Law Judge must, when possible, use personnel
21 having knowledge, training, or experience in the field or
22 subject matter of the hearing and assign administrative law
23 judges primarily to the hearings of particular agencies on a
24 long-term basis. The Chief Administrative Law Judge may act as
25 an administrative law judge in a particular case when
26 appropriate under law.

 

 

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1     (j) The Chief Administrative Law Judge shall adopt uniform
2 rules of procedure and evidence governing hearings conducted by
3 the Office of Administrative Hearings. Rules adopted by the
4 Chief Administrative Law Judge shall supersede any contrary
5 rules adopted by agencies subject to this Article except to the
6 extent required by federal law or State statute. The Chief
7 Administrative Law Judge may adopt such additional rules as
8 necessary to carry out the powers and duties of the Office of
9 Administrative Hearings.
10     (k) The Chief Administrative Law Judge must:
11         (1) annually collect information on administrative law
12     and procedure in Illinois and must study administrative law
13     and procedure for the purpose of improving the fairness,
14     efficiency, and uniformity of administrative adjudicatory
15     proceedings in Illinois;
16         (2) monitor the quality and cost of State
17     administrative hearings; and
18         (3) annually report his or her findings and
19     recommendations to the Governor and to the General Assembly
20     no later than March 15 of each year.
 
21     (5 ILCS 100/12-30 new)
22     Sec. 12-30. Proceedings. Beginning on January 1, 2011, an
23 administrative law judge of the Office shall preside over any
24 administrative hearing of any agency subject to this Article,
25 except that an administrative hearing in a contested case

 

 

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1 commenced before January 1, 2011, and pending before an
2 administrative law judge not transferred to the Office of
3 Administrative Hearings by operation of Section 12-40 of this
4 Article shall not be heard by an administrative law judge of
5 the Office without the agreement of the parties.
 
6     (5 ILCS 100/12-35 new)
7     Sec. 12-35. Administrative Hearing Procedures.
8     (a) Time and place of hearing. The Office must consult the
9 agency and determine the place and the time of commencement of
10 the administrative hearing.
11     (b) Powers of administrative law judge. The administrative
12 law judge presides at the administrative hearing and may:
13         (1) administer oaths and affirmations;
14         (2) rule on offers of proof and receive relevant
15     evidence;
16         (3) regulate the schedule and the course of the
17     hearing;
18         (4) dispose of procedural requests or similar matters;
19         (5) sign and issue subpoenas in the name of the agency
20     requiring attendance and giving of testimony by witnesses
21     and the production of books, papers, and other documentary
22     evidence;
23         (6) exercise any other powers relating to the conduct
24     of the administrative hearing that are lawfully delegated
25     to him or her by the agency or by the examining, advisory,

 

 

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1     or disciplinary board. Whenever, after an agency head or an
2     examining, advisory, or disciplinary board has commenced
3     hearing a case with an administrative law judge presiding,
4     a quorum no longer exists, the administrate law judge who
5     is presiding must complete the hearing as if sitting alone
6     and must render a proposed decision in accordance with
7     subsection (e) of this Section; and
8         (7) perform other necessary and appropriate acts in the
9     performance of his or her duties.
10     (c) Disqualifications.
11         (1) Administrative Law Judges shall be assigned to
12     hearings in accordance with the procedures set forth by the
13     Chief Administrative Law Judge. No agency may select any
14     individual administrative law judge for any proceeding or
15     reject any individual administrative law judge. In cases
16     where the agency is a party to the hearing, it shall have
17     all rights and privileges and be subject to the same
18     limitations as all other parties to the hearing.
19         (2) An administrative law judge of the Office must
20     voluntarily disqualify himself or herself and withdraw
21     from any case for bias, prejudice, interest, or any other
22     cause for which, under the laws of this State, a State
23     court judge is disqualified from hearing a particular case.
24     An administrative law judge should perform the duties of
25     the Office impartially and diligently.
26         (3) Any party may petition for the disqualification of

 

 

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1     any administrative law judge by filing an affidavit stating
2     with particularity the grounds upon which it is claimed
3     that a fair and impartial hearing cannot be accorded. The
4     affidavit must be filed before the taking of evidence or,
5     if evidence has already been taken, promptly upon
6     discovering facts establishing grounds for
7     disqualification.
8         (4) The administrative law judge whose
9     disqualification is requested shall determine whether to
10     grant the petition, stating facts and reasons for the
11     determination.
12         (5) If an administrative law judge becomes unavailable
13     as a result of recusal or any other reasons, the Chief
14     Administrative Law Judge must assign another
15     administrative law judge to preside at the administrative
16     hearing.
17     (d) Ex parte communications. Except in disposition of
18 matters that are authorized by law to be disposed of on an ex
19 parte basis, no administrative law judge of the Office may,
20 after notice of an administrative hearing in a contested case,
21 communicate, directly or indirectly, in connection with any
22 issue of fact, with any person or party, or in connection with
23 any other issue with any party or his or her representative,
24 without notice and opportunity for all parties to participate.
25 An administrative law judge, however, may communicate with
26 other employees of the Office. No member of the Office may

 

 

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1 communicate regarding pending matters to any member of an
2 agency or of an examining, advisory, or disciplinary board if
3 the agency or board is hearing the case with the administrative
4 law judge. An administrative law judge may have the aid and
5 advice of one or more assistants.
6     (e) Proposed decisions. When a majority of the members of
7 an agency or of an examining, advisory, or disciplinary board
8 has not heard a case with the administrative law judge, any
9 proposed decision prepared by an administrative law judge of
10 the Office is subject to this subsection (e) and Section 10-45
11 of this Act.
12         (1) When an administrative law judge hears a case
13     alone, he or she must prepare a decision. The
14     administrative law judge must submit the decision to the
15     agency or, in the case of proceedings that an examining,
16     advisory, or disciplinary board is authorized by an Act to
17     hear and make a recommended decision, to the examining,
18     advisory, or disciplinary board.
19         (2) When an administrative law judge hears a case with
20     an agency head or with an examining, advisory, or
21     disciplinary board, the administrative law judge must be
22     present during the consideration of the case and must, if
23     requested by the agency or by the board, prepare a proposed
24     decision and submit it to the agency or board.
25         (3) In reviewing a proposed decision submitted by an
26     administrative law judge of the Office, an agency head or

 

 

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1     an examining, advisory, or disciplinary board is not bound
2     by the proposed decision and may adopt all, some, or none
3     of the proposed decision as its recommended decision. If
4     the agency head or examining, advisory, or disciplinary
5     board does not adopt the proposed decision in its entirety,
6     it must either (i) recommend a decision in the case based
7     upon the record, including transcript, or (ii) remand the
8     case to the same administrative law judge to take
9     additional evidence.
10         (4) If a case has been remanded to an administrative
11     law judge to take additional evidence or to include more
12     detailed findings of fact or conclusions of law, the
13     administrative law judge must prepare a proposed decision
14     upon the additional evidence and upon the transcript and
15     other papers that are part of the record of the prior
16     hearing and must submit the proposed decision to the agency
17     or to the examining, advisory, or disciplinary board. If
18     the administrative law judge who heard the case originally
19     is unavailable to take the additional evidence, by reason
20     of illness or other disability or because he or she is no
21     longer employed by the Office, the Chief Administrative Law
22     Judge must assign a different administrative law judge to
23     take the additional evidence.
 
24     (5 ILCS 100/12-40 new)
25     Sec. 12-40. Transition.

 

 

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1     (a) The Governor must appoint a Chief Administrative Law
2 Judge to take office on July 1, 2010.
3     (b) No later than July 1, 2009, each agency must provide to
4 the Chief Administrative Law Judge all relevant information
5 concerning hearings, number of hearings, personnel used as
6 hearing officers and support staff, and actual expenditures for
7 contracted hearing officer services, equipment, and travel.
8     (c) All full-time administrative law judges used
9 principally to preside over administrative hearings conducted
10 by an agency subject to the provisions of this Act for at least
11 one year before July 1, 2009 must be administratively
12 transferred to the Office no later than January 1, 2010.
13     (d) All full-time employees who have principally served as
14 support staff of those employees transferred under subsection
15 (c) of this Section must be administratively transferred to the
16 Office no later than January 1, 2010.
17     (e) All equipment or other tangible property, in possession
18 of agencies, used or held principally by personnel transferred
19 under this Section must be transferred to the Office not later
20 than January 1, 2010, unless the head of the agency and the
21 Chief Administrative Law Judge determine that the equipment or
22 property will be more efficiently used by the agency if not
23 transferred.
 
24     Section 10. The Personnel Code is amended by changing
25 Section 4c as follows:
 

 

 

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1     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
2     Sec. 4c. General exemptions. The following positions in
3 State service shall be exempt from jurisdictions A, B, and C,
4 unless the jurisdictions shall be extended as provided in this
5 Act:
6         (1) All officers elected by the people.
7         (2) All positions under the Lieutenant Governor,
8     Secretary of State, State Treasurer, State Comptroller,
9     State Board of Education, Clerk of the Supreme Court,
10     Attorney General, and State Board of Elections.
11         (3) Judges, and officers and employees of the courts,
12     and notaries public.
13         (4) All officers and employees of the Illinois General
14     Assembly, all employees of legislative commissions, all
15     officers and employees of the Illinois Legislative
16     Reference Bureau, the Legislative Research Unit, and the
17     Legislative Printing Unit.
18         (5) All positions in the Illinois National Guard and
19     Illinois State Guard, paid from federal funds or positions
20     in the State Military Service filled by enlistment and paid
21     from State funds.
22         (6) All employees of the Governor at the executive
23     mansion and on his immediate personal staff.
24         (7) Directors of Departments, the Adjutant General,
25     the Assistant Adjutant General, the Director of the

 

 

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1     Illinois Emergency Management Agency, members of boards
2     and commissions, and all other positions appointed by the
3     Governor by and with the consent of the Senate.
4         (8) The presidents, other principal administrative
5     officers, and teaching, research and extension faculties
6     of Chicago State University, Eastern Illinois University,
7     Governors State University, Illinois State University,
8     Northeastern Illinois University, Northern Illinois
9     University, Western Illinois University, the Illinois
10     Community College Board, Southern Illinois University,
11     Illinois Board of Higher Education, University of
12     Illinois, State Universities Civil Service System,
13     University Retirement System of Illinois, and the
14     administrative officers and scientific and technical staff
15     of the Illinois State Museum.
16         (9) All other employees except the presidents, other
17     principal administrative officers, and teaching, research
18     and extension faculties of the universities under the
19     jurisdiction of the Board of Regents and the colleges and
20     universities under the jurisdiction of the Board of
21     Governors of State Colleges and Universities, Illinois
22     Community College Board, Southern Illinois University,
23     Illinois Board of Higher Education, Board of Governors of
24     State Colleges and Universities, the Board of Regents,
25     University of Illinois, State Universities Civil Service
26     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) (Blank).
6         (12) The technical and engineering staffs of the
7     Department of Transportation, the Department of Nuclear
8     Safety, the Pollution Control Board, and the Illinois
9     Commerce Commission, and the technical and engineering
10     staff providing architectural and engineering services in
11     the Department of Central Management Services.
12         (13) All employees of the Illinois State Toll Highway
13     Authority.
14         (14) The Secretary of the Illinois Workers'
15     Compensation Commission.
16         (15) All persons who are appointed or employed by the
17     Director of Insurance under authority of Section 202 of the
18     Illinois Insurance Code to assist the Director of Insurance
19     in discharging his responsibilities relating to the
20     rehabilitation, liquidation, conservation, and dissolution
21     of companies that are subject to the jurisdiction of the
22     Illinois Insurance Code.
23         (16) All employees of the St. Louis Metropolitan Area
24     Airport Authority.
25         (17) All investment officers employed by the Illinois
26     State Board of Investment.

 

 

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1         (18) Employees of the Illinois Young Adult
2     Conservation Corps program, administered by the Illinois
3     Department of Natural Resources, authorized grantee under
4     Title VIII of the Comprehensive Employment and Training Act
5     of 1973, 29 USC 993.
6         (19) Seasonal employees of the Department of
7     Agriculture for the operation of the Illinois State Fair
8     and the DuQuoin State Fair, no one person receiving more
9     than 29 days of such employment in any calendar year.
10         (20) All "temporary" employees hired under the
11     Department of Natural Resources' Illinois Conservation
12     Service, a youth employment program that hires young people
13     to work in State parks for a period of one year or less.
14         (21) All hearing officers of the Human Rights
15     Commission.
16         (22) All employees of the Illinois Mathematics and
17     Science Academy.
18         (23) All employees of the Kankakee River Valley Area
19     Airport Authority.
20         (24) The commissioners and employees of the Executive
21     Ethics Commission.
22         (25) The Executive Inspectors General, including
23     special Executive Inspectors General, and employees of
24     each Office of an Executive Inspector General.
25         (26) The commissioners and employees of the
26     Legislative Ethics Commission.

 

 

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1         (27) The Legislative Inspector General, including
2     special Legislative Inspectors General, and employees of
3     the Office of the Legislative Inspector General.
4         (28) The Auditor General's Inspector General and
5     employees of the Office of the Auditor General's Inspector
6     General.
7         (29) All employees of the Office of Administrative
8     Hearings.
9 (Source: P.A. 95-728, eff. date - See Sec. 999.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 100/1-5 from Ch. 127, par. 1001-5
4     5 ILCS 100/1-13 new
5     5 ILCS 100/1-15 from Ch. 127, par. 1001-15
6     5 ILCS 100/1-30 from Ch. 127, par. 1001-30
7     5 ILCS 100/10-3 new
8     5 ILCS 100/10-5 from Ch. 127, par. 1010-5
9     5 ILCS 100/10-15 from Ch. 127, par. 1010-15
10     5 ILCS 100/10-20 from Ch. 127, par. 1010-20
11     5 ILCS 100/10-25 from Ch. 127, par. 1010-25
12     5 ILCS 100/10-45 from Ch. 127, par. 1010-45
13     5 ILCS 100/10-50 from Ch. 127, par. 1010-50
14     5 ILCS 100/10-60 from Ch. 127, par. 1010-60
15     5 ILCS 100/10-65 from Ch. 127, par. 1010-65
16     5 ILCS 100/Art. 12 heading
17     new
18     5 ILCS 100/12-5 new
19     5 ILCS 100/12-10 new
20     5 ILCS 100/12-15 new
21     5 ILCS 100/12-20 new
22     5 ILCS 100/12-25 new
23     5 ILCS 100/12-30 new
24     5 ILCS 100/12-35 new
25     5 ILCS 100/12-40 new

 

 

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1     20 ILCS 415/4c from Ch. 127, par. 63b104c