HB3050 EngrossedLRB103 30937 DTM 57486 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 10-10, 10-25, 10-45, 10-50, and
610-70 and by adding Section 10-25.1 as follows:
7    (5 ILCS 100/10-10)  (from Ch. 127, par. 1010-10)
8    Sec. 10-10. Components of rules. All agency rules
9establishing procedures for contested cases shall at a minimum
10comply with the provisions of this Article 10. In addition,
11agency rules establishing procedures may include, but need not
12be limited to, the following components: pre-hearing
13conferences, representation interview or deposition
14procedures, default procedures, selection of administrative
15law judges, the form of the final order, the standard of proof
16used, which agency official makes the final decision,
17representation of parties, procedure for requesting language
18assistance, subpoena request procedures, discovery and
19protective order procedures, and any review or appeal process
20within the agency.
21(Source: P.A. 87-823.)
22    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)



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



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1    at a minimum, English, Spanish, Polish, Gujarati, Urdu,
2    Mandarin, Cantonese, Korean, and Tagalog, for receiving
3    language assistance in translating the contents of the
4    notice.
5        (7) A statement written in, at a minimum, English,
6    Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
7    Korean, and Tagalog, of the right to request an
8    interpreter for the hearing.
9    (b) An opportunity shall be afforded all parties to be
10represented by legal counsel and to respond and present
11evidence and argument.
12    (c) Unless precluded by law, disposition may be made of
13any contested case by stipulation, agreed settlement, consent
14order, or default.
15(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
16    (5 ILCS 100/10-25.1 new)
17    Sec. 10-25.1. Language Assistance.
18    (a) "Language assistance" means oral interpretation or
19written or sight translation into English of a language other
20than English or of English into another language for a party or
21witness who cannot speak or understand English or who can do so
22only with difficulty. "Sight translation" means the reading of
23text written in one language by an interpreter who orally
24translates it into another language.
25    (b) The administrative law judge has the duty to inquire



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1and determine if a participant in the hearing needs language
2assistance to participate in or understand the hearing. The
3fact that an individual for whom English is a second language
4knows some English should not prohibit that individual from
5being allowed to receive language assistance. The examination
6of the individual believed to be in need of language
7assistance must be done on the record, and the conclusion of
8the administrative law judge must be stated on the record.
9    (c) Any party or witness has the right to request language
10assistance to participate in or understand the hearing at any
11time during the course of the hearing.
12    (d) When language assistance is requested or determined to
13be necessary by the administrative law judge, the agency must
14appoint a certified, registered, or qualified interpreter, at
15no cost to the person in need of the assistance. If it appears
16that language assistance is needed but interpreters are not
17available for the scheduled hearing, the administrative law
18judge shall continue or postpone the hearing until appropriate
19services can be provided. An unregistered interpreter should
20be appointed only if the agency made reasonable efforts to
21obtain a certified, registered, or qualified interpreter and
22is not reasonably available. If the agency appoints an
23unregistered interpreter, the administrative law judge must
24examine the interpreter on the record to ensure the
25interpreter is qualified to interpret in the hearing, has
26proficiency in English and the foreign language, and does not



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1present a conflict of interest.
2        (1) Interpreters on the registry established pursuant
3    to Section 405-600 of the Department of Central Management
4    Services Law are certified, registered, or qualified for
5    purposes of this Section.
6        (2) Court interpreters on the registry established
7    pursuant to the Illinois Supreme Court Language Access
8    Policy recommended lists of court interpreters are
9    certified, registered, or qualified for purposes of this
10    Section.
11    (e) The appointed interpreter must swear or affirm that he
12or she:
13        (1) will make a true interpretation in an
14    understandable manner to the person for whom the
15    interpreter has been appointed;
16        (2) will repeat the statements of the person in need
17    of interpretation assistance in the English language to
18    the best of his or her ability;
19        (3) has not had any involvement in the issues of the
20    case before the hearing; and
21        (4) will not disclose privileged or confidential
22    communications to any person.
23    (f) If the party or witness in need of interpretation or an
24attorney or advocate involved in the proceeding concludes that
25the appointed interpreter is not interpreting communications
26correctly, they may request the appointment of a different



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2    (5 ILCS 100/10-45)  (from Ch. 127, par. 1010-45)
3    Sec. 10-45. Proposal for decision. Except where otherwise
4expressly provided by law, when in a contested case a majority
5of the officials of the agency who are to render the final
6decision has not heard the case or read the record, the
7decision, if adverse to a party to the proceeding other than
8the agency, shall not be made until a proposal for decision is
9served upon the parties and an opportunity is afforded to each
10party adversely affected to file exceptions and to present a
11brief and, if the agency so permits, oral argument to the
12agency officials who are to render the decision. The proposal
13for decision shall contain a statement of the reasons therefor
14and of each issue of fact or law necessary to the proposed
15decision and shall be prepared by the persons who conducted
16the hearing or one who has read the record. Where an
17interpreter is appointed for a party in the hearing under
18Section 10-25.1, the agency must provide a translation of the
19proposal for decision or provide an interpreter for sight
20translation of the proposal for decision to the party needing
21language assistance.
22(Source: P.A. 87-823.)
23    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
24    Sec. 10-50. Decisions and orders.



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1    (a) A final decision or order adverse to a party (other
2than the agency) in a contested case shall be in writing or
3stated in the record. A final decision shall include findings
4of fact and conclusions of law, separately stated. Findings of
5fact, if set forth in statutory language, shall be accompanied
6by a concise and explicit statement of the underlying facts
7supporting the findings. If, in accordance with agency rules,
8a party submitted proposed findings of fact, the decision
9shall include a ruling upon each proposed finding. Parties or
10their agents appointed to receive service of process shall be
11notified either personally, by registered or certified mail,
12by email as provided by Section 10-75, or as otherwise
13provided by law. Upon request a copy of the decision or order
14shall be delivered or mailed forthwith to each party and to his
15attorney of record. Where an interpreter is appointed for a
16party in the hearing under Section 10-25.1, the agency must
17provide a translation of the proposal for decision or provide
18an interpreter to sight translate the proposal for decision to
19the party needing language assistance.
20    (b) All agency orders shall specify whether they are final
21and subject to the Administrative Review Law. Every final
22order shall contain a list of all parties of record to the case
23including the name and address of the agency or officer
24entering the order and the addresses of each party as known to
25the agency where the parties may be served with pleadings,
26notices, or service of process for any review or further



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1proceedings. Every final order shall also state whether the
2rules of the agency require any motion or request for
3reconsideration and cite the rule for the requirement. The
4changes made by this amendatory Act of the 100th General
5Assembly apply to all actions filed under the Administrative
6Review Law on or after the effective date of this amendatory
7Act of the 100th General Assembly.
8    (c) A decision by any agency in a contested case under this
9Act shall be void unless the proceedings are conducted in
10compliance with the provisions of this Act relating to
11contested cases, except to the extent those provisions are
12waived under Section 10-70 and except to the extent the agency
13has adopted its own rules for contested cases as authorized in
14Section 1-5.
15(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
16101-81, eff. 7-12-19.)
17    (5 ILCS 100/10-70)  (from Ch. 127, par. 1010-70)
18    Sec. 10-70. Waiver.
19    (a) Compliance with any or all of the provisions of this
20Act concerning contested cases may be waived by written
21stipulation of all parties.
22    (b) Where an administrative law judge has determined that
23a party needs language assistance to understand or participate
24in the hearing under Section 10-25.1, the parties must include
25a signed written stipulation in the preferred language of the



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1party in need of language assistance.
2    (c) A written stipulation waiving any of the provisions in
3Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
4language assistance may be withdrawn by the party in need of
5language assistance by oral declaration at hearing or in a
6written declaration at any time. A withdrawal of the waiver,
7in compliance with this subsection (c), will require
8compliance of the language assistance provisions of this Act
9going forward in the proceeding.
10(Source: P.A. 87-823.)
11    Section 10. The Department of Central Management Services
12Law of the Civil Administrative Code of Illinois is amended by
13adding Section 600 as follows:
14    (20 ILCS 405/600 new)
15    Sec. 600. Certification of administrative hearing
17    (a) The Department shall compile, maintain, and
18disseminate a current registry of foreign language
19interpreters certified, qualified, and registered by the
20Department that meet the minimum standards in interpreting
21skills and linguistic abilities developed by the Department.
22Any certified, qualified, and registered interpreter listed
23may be examined by each employing agency to determine the
24interpreter's knowledge of the employing agency's technical



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1program terminology and procedures. For purposes of this
2section, the following definitions apply:
3        (1) "Certified interpreter" means a foreign language
4    interpreter certified pursuant to the program established
5    by the Department and listed on the Department's statewide
6    registry.
7        (2) "Qualified interpreter" means a foreign language
8    interpreter qualified pursuant to the program established
9    by the Department and listed on the Department's statewide
10    registry.
11        (3) "Registered interpreter" means a foreign language
12    interpreter registered pursuant to the program established
13    by the Department and listed on the Department's statewide
14    registry.
15    (b) The Department shall designate the languages for
16certification. The Department may stop providing an
17examination for the certification of a language if it finds
18that there is an insufficient need for interpreting assistance
19in the language using the criteria in subsection (c).
20    (c) The language designations shall be based on the
22        (1) The language needs of non-English-speaking persons
23    appearing before the administrative agencies as determined
24    by consultation with the agencies.
25        (2) The cost of developing a language examination.
26        (3) The availability of experts needed to develop a



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1    language examination.
2        (4) Other information the department deems relevant.
3    (d) The Department may charge reasonable fees to
4interpreters for applying, testing, training, certification,
5registration, and renewal of registration.