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Public Act 100-0212
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| SB0584 Enrolled | LRB100 03920 RJF 13925 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by changing Section 10-50 as follows:
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(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
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Sec. 10-50. Decisions and orders.
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(a) A final decision or order adverse to a party (other |
than the agency)
in a contested case shall be in writing or |
stated in the record. A final
decision shall include findings |
of fact and conclusions of law, separately
stated. Findings of |
fact, if set forth in statutory language, shall be
accompanied |
by a concise and explicit statement of the underlying facts
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supporting the findings. If, in accordance with agency rules, a |
party
submitted proposed findings of fact, the decision shall |
include a ruling
upon each proposed finding. Parties or their |
agents appointed to receive
service of process shall be |
notified either personally or by registered or
certified mail |
of any decision or order. Upon request a copy of the
decision |
or order shall be delivered or mailed forthwith to each party |
and
to his attorney of record.
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(b) All agency orders shall specify whether they are final |
and subject
to the Administrative Review Law. Every final order |
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shall contain a list of all parties of record to the case |
including the name and address of the agency or officer |
entering the order and the addresses of each party as known to |
the agency where the parties may be served with pleadings, |
notices, or service of process for any review or further |
proceedings. Every final order shall also state whether the |
rules of the agency require any motion or request for |
reconsideration and cite the rule for the requirement. The |
changes made by this amendatory Act of the 100th General |
Assembly apply to all actions filed under the Administrative |
Review Law on or after the effective date of this amendatory |
Act of the 100th General Assembly.
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(c) A decision by any agency in a contested case under this |
Act shall be
void unless the proceedings are conducted in |
compliance with the provisions
of this Act relating to |
contested cases, except to the extent those provisions
are |
waived under Section 10-70 and except to the extent the
agency |
has adopted its own rules for contested cases as authorized in |
Section
1-5.
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(Source: P.A. 92-16, eff. 6-28-01.)
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Section 10. The Code of Civil Procedure is amended by |
changing Sections 3-107 and 3-111 as follows:
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
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Sec. 3-107. Defendants.
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(a) Except as provided in subsection (b) or (c), in any |
action to review any final
decision of an administrative |
agency, the administrative agency and all
persons, other than |
the plaintiff, who were parties of record to the
proceedings |
before the
administrative agency shall be made defendants. The |
method of service of the decision shall be as provided in the |
Act governing the procedure before the administrative agency, |
but if no method is provided, a decision shall be deemed to |
have been served either when a copy of the decision is |
personally delivered or when a copy of the decision is |
deposited in the United States mail, in a sealed envelope or |
package, with postage prepaid, addressed to the party affected |
by the decision at his or her last known residence or place of |
business. The form of the summons and the issuance of alias |
summons shall be according to rules of the Supreme Court.
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No action for administrative review shall be dismissed for |
lack of
jurisdiction: (1) based upon misnomer of an agency, |
board, commission, or party that is properly served with |
summons that was issued in the action within the applicable |
time limits; or (2) for a the failure to name an employee, |
agent, or member, who
acted in his or her official capacity, of |
an administrative agency, board,
committee, or government |
entity, where a timely action for administrative review has |
been filed that identifies the final administrative decision |
under review and that makes a good faith effort to properly |
name the administrative agency, board,
committee, or |
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government entity, has been named as a defendant as provided in
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this Section. Naming the director or agency head, in his or her |
official
capacity, shall be deemed to include as defendant the |
administrative agency,
board, committee, or government entity |
that the named defendants direct or
head. No action for |
administrative review shall be dismissed for lack of
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jurisdiction based upon the failure to name an administrative |
agency, board,
committee, or government entity, where the |
director or agency head, in his or
her official capacity, has |
been named as a defendant as provided in this
Section.
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If, during the course of a review action, the court |
determines that an agency or a party
of record to the |
administrative proceedings was not made a defendant as
required |
by the preceding paragraph, then the
court shall grant the |
plaintiff 35 days from the date of the determination in
which |
to name and serve the unnamed agency or party as a defendant. |
The court shall
permit the newly served defendant to |
participate in the proceedings to the
extent the interests of |
justice may require.
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(b) With respect to actions to review decisions of a zoning |
board of
appeals in a municipality with a population of 500,000 |
or more inhabitants
under Division 13 of Article 11 of the |
Illinois Municipal Code, "parties of
record" means only the |
zoning board of appeals and applicants before the
zoning board |
of appeals. The plaintiff shall send a notice of filing of
the |
action by certified mail to each other person who appeared |
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before and
submitted oral testimony or written statements to |
the zoning board of
appeals with respect to the decision |
appealed from. The notice shall be
mailed within 2 days of the |
filing of the action. The notice shall state
the caption of the |
action, the court in which the action is filed, and the
names |
of the plaintiff in the action and the applicant to the zoning |
board
of appeals. The notice shall inform the person of his or |
her right to
intervene. Each person who appeared before and |
submitted oral testimony
or written statements to the zoning |
board of appeals with respect to the
decision appealed from |
shall have a right to intervene as a defendant in
the action |
upon application made to the court within 30 days of the |
mailing
of the notice.
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(c) With respect to actions to review decisions of a |
hearing officer or a county zoning board of appeals under |
Division 5-12 of Article 5 of the Counties Code, "parties of |
record" means only the hearing officer or the zoning board of |
appeals and applicants before the hearing officer or the zoning |
board of appeals. The plaintiff shall send a notice of filing |
of the action by certified mail to each other person who |
appeared before and submitted oral testimony or written |
statements to the hearing officer or the zoning board of |
appeals with respect to the decision appealed from. The notice |
shall be mailed within 2 days of the filing of the action. The |
notice shall state the caption of the action, the court in |
which the action is filed, and the name of the plaintiff in the |
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action and the applicant to the hearing officer or the zoning |
board of appeals. The notice shall inform the person of his or |
her right to intervene. Each person who appeared before and |
submitted oral testimony or written statements to the hearing |
officer or the zoning board of appeals with respect to the |
decision appealed from shall have a right to intervene as a |
defendant in the action upon application made to the court |
within 30 days of the mailing of the notice. This subsection |
(c) applies to zoning proceedings commenced on or after July 1, |
2007 (the effective date of Public Act 95-321) this amendatory |
Act of the 95th General Assembly.
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(d) The changes to this Section made by Public Act |
95-831 this amendatory Act of the 95th General Assembly apply to |
all actions filed on or after August 21, 2007 (the effective |
date of Public Act 95-831) this amendatory Act of the 95th |
General Assembly. The changes made by this amendatory Act of |
the 100th General Assembly apply to all actions filed on or |
after the effective date of this amendatory Act of the 100th |
General Assembly. |
(Source: P.A. 95-321, eff. 8-21-07; 95-831, eff. 8-14-08.)
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(735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
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Sec. 3-111. Powers of circuit court.
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(a) The Circuit Court has power:
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(1) with or without requiring bond (except if otherwise |
provided in
the particular statute under authority of which |
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the administrative
decision was entered), and before or |
after answer filed, upon notice to
the agency and good |
cause shown, to stay the decision of the
administrative |
agency in whole or in part pending the final disposition
of |
the case. For the purpose of this subsection, "good cause" |
requires the
applicant to show (i) that an immediate stay |
is required in order to preserve
the status quo without |
endangering the public, (ii) that it is not contrary to
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public policy, and (iii) that there exists a reasonable |
likelihood of success
on the merits;
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(2) to make any order that it deems proper for the |
amendment,
completion or filing of the record of |
proceedings of the administrative
agency;
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(3) to allow substitution of parties by reason of |
marriage, death,
bankruptcy, assignment or other cause;
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(4) to dismiss parties, to correct misnomers, |
including any erroneous identification of the |
administrative agency that was made in good faith, to |
realign parties, or to join agencies or parties;
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(5) to affirm or reverse the decision in whole or in |
part;
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(6) where a hearing has been held by the agency, to |
reverse and
remand the decision in whole or in part, and, |
in that case, to
state the questions requiring further |
hearing or proceedings and to give such
other instructions |
as may be proper;
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(7) where a hearing has been held by the agency, to |
remand for the
purpose of taking additional evidence when |
from the state of the record
of the administrative agency |
or otherwise it shall appear that such
action is just. |
However, no remandment shall be made on the ground of
newly |
discovered evidence unless it appears to the satisfaction |
of the
court that such evidence has in fact been discovered |
subsequent to the
termination of the proceedings before the |
administrative agency and that
it could not by the exercise |
of reasonable diligence have been obtained
at such |
proceedings; and that such evidence is material to the |
issues
and is not cumulative;
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(8) in case of affirmance or partial affirmance of an |
administrative
decision which requires the payment of |
money, to enter judgment for the
amount justified by the |
record and for costs, which judgment may be enforced
as |
other judgments for the recovery of money;
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(9) when the particular statute under authority of |
which the
administrative decision was entered requires the |
plaintiff to file a
satisfactory bond and provides for the |
dismissal of the action for the
plaintiff's failure to |
comply with this requirement unless the court is
authorized |
by the particular statute to enter, and does enter, an |
order
imposing a lien upon the plaintiff's property, to |
take such proofs and
to enter such orders as may be |
appropriate to carry out the provisions
of the particular |
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statute. However, the court shall not
approve the bond, nor |
enter an order for the lien, in any amount which
is less |
than that prescribed by the particular statute under |
authority
of which the administrative decision was entered |
if the statute
provides what the minimum amount of the bond |
or lien shall be or
provides how said minimum amount shall |
be determined.
No such bond shall be approved by the court |
without notice
to, and an opportunity to be heard thereon |
by, the administrative agency
affected. The lien, created |
by the entry of a court
order in lieu of a bond, shall not |
apply to property exempted from the
lien by the particular |
statute under authority of which the
administrative |
decision was entered. The lien shall not be effective
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against real property whose title is registered under the |
provisions of
the Registered Titles (Torrens) Act until
the |
provisions of Section 85 of that Act are complied with.
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(b) Technical errors in the proceedings before the |
administrative
agency or its failure to observe the technical |
rules of evidence shall
not constitute grounds for the reversal |
of the administrative decision
unless it appears to the court |
that such error or failure
materially affected the rights of |
any party and resulted in substantial
injustice to him or her.
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(c) On motion of either party, the circuit court shall make |
findings
of fact or state the propositions of law upon which |
its judgment is
based.
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(d) The changes to this Section made by Public Act 95-831 |
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this amendatory Act of the 95th General Assembly apply to all |
actions filed on or after August 21, 2007 (the effective date |
of Public Act 95-831) this amendatory Act of the 95th General |
Assembly. The changes made by this amendatory Act of the 100th |
General Assembly apply to all actions filed on or after the |
effective date of this amendatory Act of the 100th General |
Assembly. |
(Source: P.A. 95-831, eff. 8-14-08.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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