Illinois General Assembly - Full Text of HB3050
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Full Text of HB3050  103rd General Assembly


Rep. Theresa Mah

Filed: 3/1/2023





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2    AMENDMENT NO. ______. Amend House Bill 3050 by replacing
3everything after the enacting clause with the following:
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,



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1representation of parties, procedure for requesting language
2assistance, subpoena request procedures, discovery and
3protective order procedures, and any review or appeal process
4within the agency.
5(Source: P.A. 87-823.)
6    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
7    Sec. 10-25. Contested cases; notice; hearing.
8    (a) In a contested case, all parties shall be afforded an
9opportunity for a hearing after reasonable notice in the
10preferred spoken language of the parties, if known by the
11agency. The notice shall be served personally, by certified or
12registered mail, by email as provided by Section 10-75, or as
13otherwise provided by law upon the parties or their agents
14appointed to receive service of process and shall include the
16        (1) A statement of the time, place, and nature of the
17    hearing.
18        (2) A statement of the legal authority and
19    jurisdiction under which the hearing is to be held.
20        (3) A reference to the particular Sections of the
21    substantive and procedural statutes and rules involved.
22        (4) Except where a more detailed statement is
23    otherwise provided for by law, a short and plain statement
24    of the matters asserted, the consequences of a failure to
25    respond, and the official file or other reference number.



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1        (5) To the extent such information is available, the
2    names, phone numbers, email addresses, and mailing
3    addresses of the administrative law judge or designated
4    agency contact, the parties, and all other persons to whom
5    the agency gives notice of the hearing unless otherwise
6    confidential by law.
7        (6) Instructions at the top of the notice, written in,
8    at a minimum, English, Spanish, Polish, Gujarati, Urdu,
9    Mandarin, Cantonese, Korean, and Tagalog, for receiving
10    language assistance in translating the contents of the
11    notice.
12        (7) A statement written in, at a minimum, English,
13    Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
14    Korean, and Tagalog, of the right to request an
15    interpreter for the hearing.
16    (b) An opportunity shall be afforded all parties to be
17represented by legal counsel and to respond and present
18evidence and argument.
19    (c) Unless precluded by law, disposition may be made of
20any contested case by stipulation, agreed settlement, consent
21order, or default.
22(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
23    (5 ILCS 100/10-25.1 new)
24    Sec. 10-25.1. Language Assistance.
25    (a) "Language assistance" means oral interpretation or



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1written or sight translation into English of a language other
2than English or of English into another language for a party or
3witness who cannot speak or understand English or who can do so
4only with difficulty. "Sight translation" means the reading of
5text written in one language by an interpreter who orally
6translates it into another language.
7    (b) The administrative law judge has the duty to inquire
8and determine if a participant in the hearing needs language
9assistance to participate in or understand the hearing. The
10fact that an individual for whom English is a second language
11knows some English should not prohibit that individual from
12being allowed to receive language assistance. The examination
13of the individual believed to be in need of language
14assistance must be done on the record, and the conclusion of
15the administrative law judge must be stated on the record.
16    (c) Any party or witness has the right to request language
17assistance to participate in or understand the hearing at any
18time during the course of the hearing.
19    (d) When language assistance is requested or determined to
20be necessary by the administrative law judge, the agency must
21appoint a certified, registered, or qualified interpreter, at
22no cost to the person in need of the assistance. If it appears
23that language assistance is needed but interpreters are not
24available for the scheduled hearing, the administrative law
25judge shall continue or postpone the hearing until appropriate
26services can be provided. An unregistered interpreter should



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1be appointed only if the agency made reasonable efforts to
2obtain a certified, registered, or qualified interpreter and
3is not reasonably available. If the agency appoints an
4unregistered interpreter, the administrative law judge must
5examine the interpreter on the record to ensure the
6interpreter is qualified to interpret in the hearing, has
7proficiency in English and the foreign language, and does not
8present a conflict of interest.
9        (1) Interpreters on the registry established pursuant
10    to Section 405-600 of the Department of Central Management
11    Services Law are certified, registered, or qualified for
12    purposes of this Section.
13        (2) Court interpreters on the registry established
14    pursuant to the Illinois Supreme Court Language Access
15    Policy recommended lists of court interpreters are
16    certified, registered, or qualified for purposes of this
17    Section.
18    (e) The appointed interpreter must swear or affirm that he
19or she:
20        (1) will make a true interpretation in an
21    understandable manner to the person for whom the
22    interpreter has been appointed;
23        (2) will repeat the statements of the person in need
24    of interpretation assistance in the English language to
25    the best of his or her ability;
26        (3) has not had any involvement in the issues of the



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1    case before the hearing; and
2        (4) will not disclose privileged or confidential
3    communications to any person.
4    (f) If the party or witness in need of interpretation or an
5attorney or advocate involved in the proceeding concludes that
6the appointed interpreter is not interpreting communications
7correctly, they may request the appointment of a different
9    (5 ILCS 100/10-45)  (from Ch. 127, par. 1010-45)
10    Sec. 10-45. Proposal for decision. Except where otherwise
11expressly provided by law, when in a contested case a majority
12of the officials of the agency who are to render the final
13decision has not heard the case or read the record, the
14decision, if adverse to a party to the proceeding other than
15the agency, shall not be made until a proposal for decision is
16served upon the parties and an opportunity is afforded to each
17party adversely affected to file exceptions and to present a
18brief and, if the agency so permits, oral argument to the
19agency officials who are to render the decision. The proposal
20for decision shall contain a statement of the reasons therefor
21and of each issue of fact or law necessary to the proposed
22decision and shall be prepared by the persons who conducted
23the hearing or one who has read the record. Where an
24interpreter is appointed for a party in the hearing under
25Section 10-25.1, the agency must provide a translation of the



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1proposal for decision or provide an interpreter for sight
2translation of the proposal for decision to the party needing
3language assistance.
4(Source: P.A. 87-823.)
5    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
6    Sec. 10-50. Decisions and orders.
7    (a) A final decision or order adverse to a party (other
8than the agency) in a contested case shall be in writing or
9stated in the record. A final decision shall include findings
10of fact and conclusions of law, separately stated. Findings of
11fact, if set forth in statutory language, shall be accompanied
12by a concise and explicit statement of the underlying facts
13supporting the findings. If, in accordance with agency rules,
14a party submitted proposed findings of fact, the decision
15shall include a ruling upon each proposed finding. Parties or
16their agents appointed to receive service of process shall be
17notified either personally, by registered or certified mail,
18by email as provided by Section 10-75, or as otherwise
19provided by law. Upon request a copy of the decision or order
20shall be delivered or mailed forthwith to each party and to his
21attorney of record. Where an interpreter is appointed for a
22party in the hearing under Section 10-25.1, the agency must
23provide a translation of the proposal for decision or provide
24an interpreter to sight translate the proposal for decision to
25the party needing language assistance.



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1    (b) All agency orders shall specify whether they are final
2and subject to the Administrative Review Law. Every final
3order shall contain a list of all parties of record to the case
4including the name and address of the agency or officer
5entering the order and the addresses of each party as known to
6the agency where the parties may be served with pleadings,
7notices, or service of process for any review or further
8proceedings. Every final order shall also state whether the
9rules of the agency require any motion or request for
10reconsideration and cite the rule for the requirement. The
11changes made by this amendatory Act of the 100th General
12Assembly apply to all actions filed under the Administrative
13Review Law on or after the effective date of this amendatory
14Act of the 100th General Assembly.
15    (c) A decision by any agency in a contested case under this
16Act shall be void unless the proceedings are conducted in
17compliance with the provisions of this Act relating to
18contested cases, except to the extent those provisions are
19waived under Section 10-70 and except to the extent the agency
20has adopted its own rules for contested cases as authorized in
21Section 1-5.
22(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
23101-81, eff. 7-12-19.)
24    (5 ILCS 100/10-70)  (from Ch. 127, par. 1010-70)
25    Sec. 10-70. Waiver.



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1    (a) Compliance with any or all of the provisions of this
2Act concerning contested cases may be waived by written
3stipulation of all parties.
4    (b) Where an administrative law judge has determined that
5a party needs language assistance to understand or participate
6in the hearing under Section 10-25.1, the parties must include
7a signed written stipulation in the preferred language of the
8party in need of language assistance.
9    (c) A written stipulation waiving any of the provisions in
10Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
11language assistance may be withdrawn by the party in need of
12language assistance by oral declaration at hearing or in a
13written declaration at any time. A withdrawal of the waiver,
14in compliance with this subsection (c), will require
15compliance of the language assistance provisions of this Act
16going forward in the proceeding.
17(Source: P.A. 87-823.)
18    Section 10. The Department of Central Management Services
19Law of the Civil Administrative Code of Illinois is amended by
20adding Section 600 as follows:
21    (20 ILCS 405/600 new)
22    Sec. 600. Certification of administrative hearing
24    (a) The Department shall compile, maintain, and



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1disseminate a current registry of foreign language
2interpreters certified, qualified, and registered by the
3Department that meet the minimum standards in interpreting
4skills and linguistic abilities developed by the Department.
5Any certified, qualified, and registered interpreter listed
6may be examined by each employing agency to determine the
7interpreter's knowledge of the employing agency's technical
8program terminology and procedures. For purposes of this
9section, the following definitions apply:
10        (1) "Certified interpreter" means a foreign language
11    interpreter certified pursuant to the program established
12    by the Department and listed on the Department's statewide
13    registry.
14        (2) "Qualified interpreter" means a foreign language
15    interpreter qualified pursuant to the program established
16    by the Department and listed on the Department's statewide
17    registry.
18        (3) "Registered interpreter" means a foreign language
19    interpreter registered pursuant to the program established
20    by the Department and listed on the Department's statewide
21    registry.
22    (b) The Department shall designate the languages for
23certification. The Department may stop providing an
24examination for the certification of a language if it finds
25that there is an insufficient need for interpreting assistance
26in the language using the criteria in subsection (c).



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1    (c) The language designations shall be based on the
3        (1) The language needs of non-English-speaking persons
4    appearing before the administrative agencies as determined
5    by consultation with the agencies.
6        (2) The cost of developing a language examination.
7        (3) The availability of experts needed to develop a
8    language examination.
9        (4) Other information the department deems relevant.
10    (d) The Department may charge reasonable fees to
11interpreters for applying, testing, training, certification,
12registration, and renewal of registration.".