Full Text of HB2098 97th General Assembly
HB2098 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2098 Introduced 2/22/2011, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: | | |
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
of the Department of | 8 | | Natural
Resources Act, an application for the renewal of a | 9 | | license or a new license
shall include the applicant's social | 10 | | security number. Each agency shall require
the licensee to | 11 | | certify on the
application form, under penalty of perjury, that | 12 | | he or she is not more than
30 days delinquent in complying with | 13 | | a child support order. Every
application shall state that | 14 | | failure to so certify shall result in
disciplinary action, and | 15 | | that making a false statement may subject
the licensee
to | 16 | | contempt of court. The agency shall notify each applicant or | 17 | | licensee
who
acknowledges a delinquency or who, contrary to his | 18 | | or her certification, is
found to be delinquent or who after | 19 | | receiving notice, fails to comply with a
subpoena or warrant | 20 | | relating to a paternity or a child support proceeding,
that the | 21 | | agency intends to take disciplinary
action. Accordingly, the | 22 | | agency shall provide written notice of the facts
or conduct | 23 | | upon which the agency will rely to support its proposed action
| 24 | | and the applicant or licensee shall be given an opportunity for | 25 | | an administrative a hearing
in accordance
with the provisions | 26 | | of the Act concerning contested cases. Any delinquency
in |
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| 1 | | complying with a child support order can be remedied by | 2 | | arranging for
payment of past due and current support. Any | 3 | | failure to comply with a
subpoena or warrant relating to a | 4 | | paternity or child support proceeding can be
remedied by | 5 | | complying with the subpoena or warrant. Upon a final finding of
| 6 | | delinquency or failure to comply with a subpoena or warrant, | 7 | | the agency
shall suspend, revoke, or refuse to issue or renew | 8 | | the license.
In cases in which the Department of Healthcare and | 9 | | Family Services (formerly Department of Public Aid) has | 10 | | previously determined that
an applicant or a
licensee is more | 11 | | than 30 days delinquent in the
payment
of child support and has | 12 | | subsequently certified the delinquency to the
licensing | 13 | | agency,
and in cases in which a court has previously determined | 14 | | that an applicant or
licensee has
been in violation of the | 15 | | Non-Support Punishment Act
for more than 60 days,
the licensing | 16 | | agency shall refuse to issue or
renew or shall
revoke or | 17 | | suspend that person's license based solely upon the | 18 | | certification of
delinquency made
by
the Department of | 19 | | Healthcare and Family Services (formerly
Department of Public | 20 | | Aid) or the certification of violation made by the
court. | 21 | | Further process, hearings, or
redetermination of the | 22 | | delinquency or violation by the
licensing agency shall not be | 23 | | required. The licensing agency may issue or
renew a license if | 24 | | the licensee has arranged for payment of
past and current child | 25 | | support obligations in a manner satisfactory to
the
Department | 26 | | of Healthcare and Family Services (formerly Department of |
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| 1 | | Public Aid) or the court. The licensing agency may impose
| 2 | | conditions,
restrictions, or disciplinary action upon that | 3 | | 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. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| 25 | | (5 ILCS 100/Art. 12 heading new)
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| 1 | | ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS | 2 | | (5 ILCS 100/12-5 new)
| 3 | | Sec. 12-5. Applicability. This Article applies to all | 4 | | agencies under the jurisdiction of the Governor other than the | 5 | | following:
| 6 | | (a) Illinois Labor Relations Boards created under the | 7 | | Illinois Public Labor Relations Act;
| 8 | | (b) Illinois Educational Labor Relations Board;
| 9 | | (c) Illinois Commerce Commission;
| 10 | | (d) Illinois Workers' Compensation Commission;
| 11 | | (e) Civil Service Commission;
| 12 | | (f) Pollution Control Board;
| 13 | | (g) Illinois State Police Merit Board;
| 14 | | (h) Property Tax Appeal Board;
| 15 | | (i) Human Rights Commission; and
| 16 | | (j) State Board of Elections.
| 17 | | (5 ILCS 100/12-10 new)
| 18 | | Sec. 12-10. Office of Administrative Hearings.
| 19 | | (a) The Office of Administrative Hearings, hereinafter | 20 | | referred to as the Office, is
established for the purpose of | 21 | | improving public trust and confidence
in administrative | 22 | | adjudication by: | 23 | | (1) separating the adjudicatory function from the
| 24 | | investigatory, prosecutory, and policy-making functions
of |
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| 1 | | agencies in the executive branch; | 2 | | (2) establishing a professional corp of administrative | 3 | | law judges; | 4 | | (3) establishing greater uniformity in the rules of | 5 | | procedure and
evidence in administrative adjudication; and | 6 | | (4) eliminating unnecessary and duplicative costs in
| 7 | | administrative adjudication.
| 8 | | (b) The Office is an independent State agency in the | 9 | | executive
branch and is responsible for conducting | 10 | | administrative
hearings in accordance with the legislative | 11 | | intent expressed
by this Act.
| 12 | | (c) The Office is under the administration, supervision, | 13 | | and direction
of a Chief Administrative Law Judge, appointed by | 14 | | the Governor,
by and with the advice and consent of the Senate. | 15 | | The Chief
Administrative Law Judge, as a condition of | 16 | | appointment, must
have been admitted to practice law in the | 17 | | State of Illinois
for at least 10 years, must have substantial | 18 | | knowledge and
experience suitable to the duties of the Office, | 19 | | and may be
removed only for good cause following notice and an
| 20 | | opportunity for an adjudicative hearing. | 21 | | (d) The Chief Administrative Law Judge must maintain
his or | 22 | | her principal office in Springfield and may maintain any
other | 23 | | offices that may be necessary. | 24 | | (e) The Office may purchase or lease any equipment and | 25 | | supplies
that may be necessary to carry out its duties and must | 26 | | maintain
records and files of the work of the Office. |
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| 1 | | (f) The Office of Administrative Hearings by and through | 2 | | the
Chief Administrative Law Judge and any Administrative Law | 3 | | Judge
under this Article is empowered to subpoena and bring | 4 | | before it, him, or her
any person in this State and to take | 5 | | testimony, in person or by
telephone, upon payment of the same | 6 | | fees, and in the same manner
as is prescribed by law for | 7 | | judicial proceedings in civil cases in the
courts of this | 8 | | State. The term "Administrative Law Judge" as used in this | 9 | | Article
means an administrative law judge as defined in Section | 10 | | 1-15 who
is an employee of the Office. | 11 | | (g) The Office may enter into an interagency agreement with | 12 | | any
agency to furnish administrative law judges to conduct | 13 | | administrative
hearings not otherwise required to be conducted | 14 | | by the Office.
The Office may also enter into an agreement with | 15 | | a unit of local
government or school district to furnish | 16 | | administrative law
judges to conduct administrative hearings. | 17 | | (h) Any finding, determination, ruling or order issued as | 18 | | result of any
hearing conducted for any public entity subject | 19 | | to or contracted
for under this Article shall have the same | 20 | | status and be subject
to the same conditions and limitations as | 21 | | if conducted by that
public entity. That entity shall remain | 22 | | the proper party named and
served in any action in | 23 | | administrative review under the provisions
of the | 24 | | Administrative Review Law or other review or appeal provision | 25 | | provided by law. | 26 | | (i) The Office must develop and institute a program of
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| 1 | | continuing education and training for administrative law
| 2 | | judges and may permit administrative law judges and hearing
| 3 | | examiners employed by other agencies to participate in its
| 4 | | program. The Office shall also develop and implement a code
of | 5 | | professional conduct for its administrative law judges,
| 6 | | incorporating the provisions of the Rules of Judicial Conduct
| 7 | | whenever possible. The Office may develop and institute
other | 8 | | educational programs in the area of administrative law
and | 9 | | procedure for the benefit of State employees and those
who | 10 | | participate in administrative hearings.
| 11 | | (5 ILCS 100/12-15 new)
| 12 | | Sec. 12-15. Term of office and salary.
| 13 | | (a) The Chief Administrative Law Judge shall serve for a
| 14 | | term of 6 years, provided that he or she shall hold office
| 15 | | until a successor is appointed.
| 16 | | (b) The Chief Administrative Law Judge shall receive an
| 17 | | annual salary as set by the Governor of Illinois from time
to | 18 | | time or the amount established by the
Compensation Review | 19 | | Board, whichever is greater.
| 20 | | (5 ILCS 100/12-20 new)
| 21 | | Sec. 12-20. Oath. Each prospective Chief Administrative | 22 | | Law Judge, before
taking
office, must take and subscribe to the | 23 | | oath or affirmation prescribed by
Section 3 of Article XIII
of | 24 | | the Illinois Constitution, an executed copy of which must be |
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| 1 | | filed with the
Secretary of State.
| 2 | | (5 ILCS 100/12-25 new)
| 3 | | Sec. 12-25. Powers
and
Duties
of
the
Chief
Administrative | 4 | | Law Judge. The Chief Administrative Law Judge has the following | 5 | | powers and duties: | 6 | | (a) The Chief Administrative Law Judge may employ | 7 | | Administrative Law Judges
that are necessary to carry out the | 8 | | purposes of this Article.
| 9 | | (b) Administrative Law Judges and their immediate | 10 | | supervisors shall be subject to
Jurisdiction A, B, and C of the | 11 | | Personnel Code, except that provisions contained in
Sections | 12 | | 8b.18 and 8b.19 of the Personnel Code (20 ILCS 415/8b.18 and | 13 | | 415/8b.19) shall not apply.
| 14 | | (c) Except as otherwise provided in Section 12-40 of this | 15 | | Article,
an Administrative Law Judge must have been admitted to | 16 | | practice
as an attorney in this State for at least 5 years and | 17 | | must have a demonstrated
knowledge of and experience in | 18 | | administrative law and procedure that is suitable to the
duties | 19 | | of the Office. Supervisors of Administrative Law Judges must be
| 20 | | experienced administrative law judges.
| 21 | | (d) The Chief Administrative Law Judge may contract for the | 22 | | services of an attorney
to serve as a special administrative | 23 | | law judge when necessary.
| 24 | | (e) The Chief Administrative Law Judge must adopt a code of | 25 | | conduct and rules
concerning the discipline and termination of |
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| 1 | | Office Administrative Law Judges and the
resolution of | 2 | | grievances, subject to any collective bargaining agreement.
| 3 | | (f) The Chief Administrative Law Judge may employ and | 4 | | direct other staff, including administrative, supervisory, | 5 | | clerical, and other specialized or technical personnel that
may | 6 | | be necessary to carry out the purposes of this Article.
| 7 | | (g) The Chief Administrative Law Judge must assign an
| 8 | | administrative law judge for any proceeding that is required by | 9 | | this
Article to be conducted by the Office and for any | 10 | | proceeding
for which the Office has agreed to furnish an | 11 | | administrative law
judge as provided in Section 12-10 of this | 12 | | Act.
| 13 | | (h) Any administrative law judge so assigned does not | 14 | | become an
employee of the agency during the assignment and is | 15 | | not subject
to the direction or the supervision of the agency | 16 | | to whose
proceeding the administrative law judge has been | 17 | | assigned.
| 18 | | (i) In assigning administrative law judges, the Chief
| 19 | | Administrative Law Judge must, when possible, use personnel
| 20 | | having knowledge, training, or experience in the field or | 21 | | subject matter
of the hearing and assign administrative law | 22 | | judges primarily to the
hearings of particular agencies on a | 23 | | long-term basis. The
Chief Administrative Law Judge may act as | 24 | | an administrative
law judge in a particular case when | 25 | | appropriate under law.
| 26 | | (j) The Chief Administrative Law Judge shall adopt uniform
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| 1 | | rules of procedure and evidence governing hearings conducted
by | 2 | | the Office of Administrative Hearings. Rules adopted by the | 3 | | Chief
Administrative Law Judge shall supersede any contrary | 4 | | rules
adopted by agencies subject to this Article except to the | 5 | | extent
required by federal law or State statute. The Chief | 6 | | Administrative
Law Judge may adopt such additional rules as | 7 | | necessary to carry out
the powers and duties of the Office of | 8 | | Administrative Hearings.
| 9 | | (k) The Chief Administrative Law Judge must:
| 10 | | (1) annually collect information on administrative
law | 11 | | and procedure in Illinois and must study
administrative law | 12 | | and procedure for the purpose of
improving the fairness, | 13 | | efficiency, and uniformity of
administrative adjudicatory | 14 | | proceedings in Illinois;
| 15 | | (2) monitor the quality and cost of State
| 16 | | administrative hearings; and | 17 | | (3) annually report his or her findings and
| 18 | | recommendations to the Governor and to the General
Assembly | 19 | | no later than March 15 of each year.
| 20 | | (5 ILCS 100/12-30 new)
| 21 | | Sec. 12-30. Proceedings. Beginning on January 1, 2011, an | 22 | | administrative
law
judge of the Office shall preside over any | 23 | | administrative hearing of any agency
subject to this Article, | 24 | | except that an administrative hearing in a contested
case | 25 | | commenced before January 1, 2011, and pending before an |
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| 1 | | administrative
law judge not transferred to the Office of | 2 | | Administrative Hearings by operation
of Section 12-40 of this | 3 | | Article shall not
be heard by an administrative law judge of | 4 | | the Office without the agreement of
the parties.
| 5 | | (5 ILCS 100/12-35 new)
| 6 | | Sec. 12-35. Administrative Hearing Procedures.
| 7 | | (a) Time and place of hearing. The Office must consult the | 8 | | agency and
determine the place and the time
of
commencement of | 9 | | the administrative hearing.
| 10 | | (b) Powers of administrative law judge. The administrative | 11 | | law judge
presides at the administrative hearing
and
may:
| 12 | | (1) administer oaths and affirmations;
| 13 | | (2) rule on offers of proof and receive relevant | 14 | | evidence;
| 15 | | (3) regulate the schedule and the course of the | 16 | | hearing;
| 17 | | (4) dispose of procedural requests or similar matters;
| 18 | | (5) sign and issue subpoenas in the name of the agency | 19 | | requiring
attendance
and
giving of testimony by witnesses | 20 | | and the production of books, papers, and other
documentary | 21 | | evidence;
| 22 | | (6) exercise any other powers relating to the conduct | 23 | | of the
administrative
hearing that are lawfully delegated | 24 | | to him or her by the agency or by the
examining,
advisory, | 25 | | or disciplinary board. Whenever, after an agency head or an
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| 1 | | examining,
advisory, or disciplinary board has commenced | 2 | | hearing a case with an
administrative law
judge presiding, | 3 | | a quorum no longer exists, the administrate law judge who | 4 | | is
presiding
must complete the hearing as if sitting alone | 5 | | and must render a proposed
decision in
accordance with | 6 | | subsection (e) of this Section; and
| 7 | | (7) perform other necessary and appropriate acts in the | 8 | | performance of his
or
her
duties.
| 9 | | (c) Disqualifications.
| 10 | | (1) Administrative Law Judges shall be assigned to | 11 | | hearings
in accordance with the procedures set forth by the | 12 | | Chief
Administrative Law Judge. No agency may select any
| 13 | | individual administrative law judge for any proceeding
or | 14 | | reject any individual administrative law judge.
In cases | 15 | | where the agency is a party to the hearing,
it shall have | 16 | | all rights and privileges and be subject
to the same | 17 | | limitations as all other parties to the hearing.
| 18 | | (2) An administrative law judge of the Office must
| 19 | | voluntarily disqualify himself or herself and withdraw | 20 | | from any case for bias, prejudice, interest, or any other
| 21 | | cause for which, under the laws of this State, a State
| 22 | | court judge is disqualified from hearing a particular
case. | 23 | | An administrative law judge should perform the
duties of | 24 | | the Office impartially and diligently.
| 25 | | (3) Any party may petition for the disqualification
of | 26 | | any administrative law judge by filing an affidavit
stating |
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| 1 | | with particularity the grounds upon which it is
claimed | 2 | | that a fair and impartial hearing cannot be
accorded. The | 3 | | affidavit must be filed before the taking
of evidence or, | 4 | | if evidence has already been taken,
promptly upon | 5 | | discovering facts establishing grounds for
| 6 | | disqualification.
| 7 | | (4) The administrative law judge whose
| 8 | | disqualification is requested shall determine whether to
| 9 | | grant the petition, stating facts and reasons for the
| 10 | | determination. | 11 | | (5) If an administrative law judge becomes
unavailable | 12 | | as a result of recusal or any other reasons,
the Chief | 13 | | Administrative Law Judge must assign another
| 14 | | administrative law judge to preside at the administrative
| 15 | | hearing.
| 16 | | (d) Ex parte communications. Except in disposition of | 17 | | matters that are
authorized by law to be
disposed
of on an ex
| 18 | | parte basis, no administrative law judge of the Office may, | 19 | | after notice of
an administrative
hearing in a contested case, | 20 | | communicate, directly or indirectly, in connection
with any | 21 | | issue of
fact, with any person or party, or in connection with | 22 | | any other issue with any
party or his or her
representative, | 23 | | without notice and opportunity for all parties to participate.
| 24 | | An
administrative law judge, however, may communicate with | 25 | | other employees of the
Office.
No member of
the Office may | 26 | | communicate regarding pending matters to any member of an
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| 1 | | agency or of an
examining, advisory, or disciplinary board if | 2 | | the agency or board is hearing
the case with the
administrative | 3 | | law judge. An administrative law judge may have the aid and
| 4 | | advice of one or
more assistants.
| 5 | | (e) Proposed decisions. When a majority of the members of | 6 | | an agency or of
an
examining, advisory, or disciplinary board | 7 | | has not heard a case with the
administrative law
judge, any | 8 | | proposed decision prepared by an administrative law judge of | 9 | | the
Office is
subject to this subsection (e) and Section 10-45 | 10 | | of this Act.
| 11 | | (1) When an administrative law judge hears a case | 12 | | alone, he or she must
prepare a
decision.
The
| 13 | | administrative law judge must submit the decision to the | 14 | | agency or,
in the case
of proceedings that an examining, | 15 | | advisory, or disciplinary board is authorized
by an Act
to | 16 | | hear and make a recommended decision, to the examining, | 17 | | advisory, or
disciplinary
board.
| 18 | | (2) When an administrative law judge hears a case with | 19 | | an agency head or
with
an examining, advisory, or | 20 | | disciplinary board, the administrative law judge
must
be | 21 | | present
during the
consideration of the case and must, if | 22 | | requested by the agency or by the
board, prepare a
proposed | 23 | | decision and submit it to the agency or board.
| 24 | | (3) In reviewing a proposed decision submitted by an | 25 | | administrative law
judge
of
the Office, an agency head or | 26 | | an examining, advisory, or disciplinary board is
not bound
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| 1 | | by the proposed decision and may adopt all, some, or none | 2 | | of the proposed
decision as its
recommended decision. If | 3 | | the agency head or examining, advisory, or
disciplinary | 4 | | board
does not adopt the proposed decision in its entirety, | 5 | | it must either (i)
recommend
a decision
in the case based | 6 | | upon the record, including transcript, or (ii) remand the
| 7 | | case to the
same administrative law judge to take | 8 | | additional evidence.
| 9 | | (4) If a case has been remanded to an administrative | 10 | | law judge to take
additional
evidence or to include more | 11 | | detailed findings of fact or conclusions of law,
the
| 12 | | administrative law judge must prepare a proposed decision | 13 | | upon the additional
evidence
and upon the transcript and | 14 | | other papers that are part of the record of the
prior | 15 | | hearing
and must submit the proposed decision to the agency | 16 | | or to the examining,
advisory, or
disciplinary board. If | 17 | | the administrative law judge who heard the case
originally | 18 | | is
unavailable to take the additional evidence, by reason | 19 | | of illness or other
disability or
because he or she is no | 20 | | longer employed by the Office, the Chief Administrative
Law
| 21 | | Judge must assign a different administrative law judge to | 22 | | take the additional
evidence.
| 23 | | (5 ILCS 100/12-40 new)
| 24 | | Sec. 12-40. Transition.
| 25 | | (a) The Governor must appoint a Chief Administrative Law |
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| 1 | | Judge to take
office
on July
1, 2010.
| 2 | | (b) No later than July 1, 2009, each agency must provide to | 3 | | the Chief
Administrative
Law Judge all relevant information | 4 | | concerning hearings, number of hearings,
personnel used
as | 5 | | hearing officers and support staff, and actual expenditures for | 6 | | contracted
hearing officer
services, equipment, and travel.
| 7 | | (c) All full-time administrative law judges used | 8 | | principally to preside over
administrative
hearings conducted | 9 | | by an agency subject to the provisions of this Act for at
least | 10 | | one year before
July 1, 2009 must be administratively | 11 | | transferred to the Office no later than
January 1, 2010.
| 12 | | (d) All full-time employees who have principally served as | 13 | | support staff of
those
employees transferred under subsection | 14 | | (c) of this Section must be
administratively transferred to
the | 15 | | Office no later than January 1, 2010.
| 16 | | (e) All equipment or other tangible property, in possession | 17 | | of agencies,
used
or held
principally by personnel transferred | 18 | | under this Section must be transferred to
the Office not later
| 19 | | than January 1, 2010, unless the head of the agency and the | 20 | | Chief
Administrative Law Judge
determine that the equipment or | 21 | | property will be more efficiently used by the
agency if not
| 22 | | transferred.
| 23 | | Section 10. The Personnel Code is amended by changing | 24 | | 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 | 26 | | Illinois Emergency
Management Agency, members of boards |
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| 1 | | and commissions, and all other
positions appointed by the | 2 | | Governor by and with the consent of the
Senate.
| 3 | | (8) The presidents, other principal administrative | 4 | | officers, and
teaching, research and extension faculties | 5 | | of
Chicago State University, Eastern Illinois University, | 6 | | Governors State
University, Illinois State University, | 7 | | Northeastern Illinois University,
Northern Illinois | 8 | | University, Western Illinois University, the Illinois
| 9 | | Community College Board, Southern Illinois
University, | 10 | | Illinois Board of Higher Education, University of
| 11 | | Illinois, State Universities Civil Service System, | 12 | | University Retirement
System of Illinois, and the | 13 | | administrative officers and scientific and
technical staff | 14 | | of the Illinois State Museum.
| 15 | | (9) All other employees except the presidents, other | 16 | | principal
administrative officers, and teaching, research | 17 | | and extension faculties
of the universities under the | 18 | | jurisdiction of the Board of Regents and
the colleges and | 19 | | universities under the jurisdiction of the Board of
| 20 | | Governors of State Colleges and Universities, Illinois | 21 | | Community College
Board, Southern Illinois University, | 22 | | Illinois Board of Higher Education,
Board of Governors of | 23 | | State Colleges and Universities, the Board of
Regents, | 24 | | University of Illinois, State Universities Civil Service
| 25 | | System, University Retirement System of Illinois, so long | 26 | | as these are
subject to the provisions of the State |
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| 1 | | Universities Civil Service Act.
| 2 | | (10) The State Police so long as they are subject to | 3 | | the merit
provisions of the State Police Act.
| 4 | | (11) (Blank).
| 5 | | (12) The technical and engineering staffs of the | 6 | | Department of
Transportation, the Department of Nuclear | 7 | | Safety, the Pollution Control
Board, and the Illinois | 8 | | Commerce Commission, and the technical and engineering
| 9 | | staff providing architectural and engineering services in | 10 | | the Department of
Central Management Services.
| 11 | | (13) All employees of the Illinois State Toll Highway | 12 | | Authority.
| 13 | | (14) The Secretary of the Illinois Workers' | 14 | | Compensation Commission.
| 15 | | (15) All persons who are appointed or employed by the | 16 | | Director of
Insurance under authority of Section 202 of the | 17 | | Illinois Insurance Code
to assist the Director of Insurance | 18 | | in discharging his responsibilities
relating to the | 19 | | rehabilitation, liquidation, conservation, and
dissolution | 20 | | of companies that are subject to the jurisdiction of the
| 21 | | Illinois Insurance Code.
| 22 | | (16) All employees of the St. Louis Metropolitan Area | 23 | | Airport
Authority.
| 24 | | (17) All investment officers employed by the Illinois | 25 | | State Board of
Investment.
| 26 | | (18) Employees of the Illinois Young Adult |
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| 1 | | Conservation Corps program,
administered by the Illinois | 2 | | Department of Natural Resources, authorized
grantee under | 3 | | Title VIII of the Comprehensive
Employment and Training Act | 4 | | of 1973, 29 USC 993.
| 5 | | (19) Seasonal employees of the Department of | 6 | | Agriculture for the
operation of the Illinois State Fair | 7 | | and the DuQuoin State Fair, no one
person receiving more | 8 | | than 29 days of such employment in any calendar year.
| 9 | | (20) All "temporary" employees hired under the | 10 | | Department of Natural
Resources' Illinois Conservation | 11 | | Service, a youth
employment program that hires young people | 12 | | to work in State parks for a period
of one year or less.
| 13 | | (21) All hearing officers of the Human Rights | 14 | | Commission.
| 15 | | (22) All employees of the Illinois Mathematics and | 16 | | Science Academy.
| 17 | | (23) All employees of the Kankakee River Valley Area
| 18 | | Airport Authority.
| 19 | | (24) The commissioners and employees of the Executive | 20 | | Ethics
Commission.
| 21 | | (25) The Executive Inspectors General, including | 22 | | special Executive
Inspectors General, and employees of | 23 | | each Office of an
Executive Inspector General.
| 24 | | (26) The commissioners and employees of the | 25 | | Legislative Ethics
Commission.
| 26 | | (27) The Legislative Inspector General, including |
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| 1 | | special Legislative
Inspectors General, and employees of | 2 | | the Office of
the Legislative Inspector General.
| 3 | | (28) The Auditor General's Inspector General and | 4 | | employees of the Office
of the Auditor General's Inspector | 5 | | General.
| 6 | | (29) All employees of the Office of Administrative | 7 | | Hearings. | 8 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | 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 |
| |
|