IL
Illinois House Bill HB3050

Illinois 2023-2024 Regular Session

Illinois House Bill HB3050 Compare Versions

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1-HB3050 EngrossedLRB103 30937 DTM 57486 b HB3050 Engrossed LRB103 30937 DTM 57486 b
2- HB3050 Engrossed LRB103 30937 DTM 57486 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3050 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters. LRB103 30937 DTM 57486 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3050 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters. LRB103 30937 DTM 57486 b LRB103 30937 DTM 57486 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3050 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
3+5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new
4+5 ILCS 100/10-10 from Ch. 127, par. 1010-10
5+5 ILCS 100/10-25 from Ch. 127, par. 1010-25
6+5 ILCS 100/10-25.1 new
7+5 ILCS 100/10-45 from Ch. 127, par. 1010-45
8+5 ILCS 100/10-50 from Ch. 127, par. 1010-50
9+5 ILCS 100/10-70 from Ch. 127, par. 1010-70
10+20 ILCS 405/600 new
11+Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.
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317 1 AN ACT concerning State government.
418 2 Be it enacted by the People of the State of Illinois,
519 3 represented in the General Assembly:
620 4 Section 5. The Illinois Administrative Procedure Act is
721 5 amended by changing Sections 10-10, 10-25, 10-45, 10-50, and
822 6 10-70 and by adding Section 10-25.1 as follows:
923 7 (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
1024 8 Sec. 10-10. Components of rules. All agency rules
1125 9 establishing procedures for contested cases shall at a minimum
1226 10 comply with the provisions of this Article 10. In addition,
1327 11 agency rules establishing procedures may include, but need not
1428 12 be limited to, the following components: pre-hearing
1529 13 conferences, representation interview or deposition
1630 14 procedures, default procedures, selection of administrative
1731 15 law judges, the form of the final order, the standard of proof
1832 16 used, which agency official makes the final decision,
1933 17 representation of parties, procedure for requesting language
2034 18 assistance, subpoena request procedures, discovery and
2135 19 protective order procedures, and any review or appeal process
2236 20 within the agency.
2337 21 (Source: P.A. 87-823.)
2438 22 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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42+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3050 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
43+5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new
44+5 ILCS 100/10-10 from Ch. 127, par. 1010-10
45+5 ILCS 100/10-25 from Ch. 127, par. 1010-25
46+5 ILCS 100/10-25.1 new
47+5 ILCS 100/10-45 from Ch. 127, par. 1010-45
48+5 ILCS 100/10-50 from Ch. 127, par. 1010-50
49+5 ILCS 100/10-70 from Ch. 127, par. 1010-70
50+20 ILCS 405/600 new
51+Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.
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54+A BILL FOR
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60+5 ILCS 100/10-10 from Ch. 127, par. 1010-10
61+5 ILCS 100/10-25 from Ch. 127, par. 1010-25
62+5 ILCS 100/10-25.1 new
63+5 ILCS 100/10-45 from Ch. 127, par. 1010-45
64+5 ILCS 100/10-50 from Ch. 127, par. 1010-50
65+5 ILCS 100/10-70 from Ch. 127, par. 1010-70
66+20 ILCS 405/600 new
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3385 1 Sec. 10-25. Contested cases; notice; hearing.
3486 2 (a) In a contested case, all parties shall be afforded an
3587 3 opportunity for a hearing after reasonable notice in the
3688 4 preferred spoken language of the parties, if known by the
3789 5 agency. The notice shall be served personally, by certified or
3890 6 registered mail, by email as provided by Section 10-75, or as
3991 7 otherwise provided by law upon the parties or their agents
4092 8 appointed to receive service of process and shall include the
4193 9 following:
4294 10 (1) A statement of the time, place, and nature of the
4395 11 hearing.
4496 12 (2) A statement of the legal authority and
4597 13 jurisdiction under which the hearing is to be held.
4698 14 (3) A reference to the particular Sections of the
4799 15 substantive and procedural statutes and rules involved.
48100 16 (4) Except where a more detailed statement is
49101 17 otherwise provided for by law, a short and plain statement
50102 18 of the matters asserted, the consequences of a failure to
51103 19 respond, and the official file or other reference number.
52104 20 (5) To the extent such information is available, the
53105 21 names, phone numbers, email addresses, and mailing
54106 22 addresses of the administrative law judge or designated
55107 23 agency contact, the parties, and all other persons to whom
56108 24 the agency gives notice of the hearing unless otherwise
57109 25 confidential by law.
58110 26 (6) Instructions at the top of the notice, written in,
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69121 1 at a minimum, English, Spanish, Polish, Gujarati, Urdu,
70-2 Mandarin, Cantonese, Korean, and Tagalog, for receiving
71-3 language assistance in translating the contents of the
72-4 notice.
73-5 (7) A statement written in, at a minimum, English,
74-6 Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
75-7 Korean, and Tagalog, of the right to request an
76-8 interpreter for the hearing.
77-9 (b) An opportunity shall be afforded all parties to be
78-10 represented by legal counsel and to respond and present
79-11 evidence and argument.
80-12 (c) Unless precluded by law, disposition may be made of
81-13 any contested case by stipulation, agreed settlement, consent
82-14 order, or default.
83-15 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
84-16 (5 ILCS 100/10-25.1 new)
85-17 Sec. 10-25.1. Language Assistance.
86-18 (a) "Language assistance" means oral interpretation or
87-19 written or sight translation into English of a language other
88-20 than English or of English into another language for a party or
89-21 witness who cannot speak or understand English or who can do so
90-22 only with difficulty. "Sight translation" means the reading of
91-23 text written in one language by an interpreter who orally
92-24 translates it into another language.
93-25 (b) The administrative law judge has the duty to inquire
122+2 Mandarin, Cantonese, Korean, and Tagalog, for assistance
123+3 in translating the contents of the notice.
124+4 (7) A statement written in, at a minimum, English,
125+5 Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
126+6 Korean, and Tagalog, of the right to request an
127+7 interpreter for the hearing.
128+8 (b) An opportunity shall be afforded all parties to be
129+9 represented by legal counsel and to respond and present
130+10 evidence and argument.
131+11 (c) Unless precluded by law, disposition may be made of
132+12 any contested case by stipulation, agreed settlement, consent
133+13 order, or default.
134+14 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
135+15 (5 ILCS 100/10-25.1 new)
136+16 Sec. 10-25.1. Language Assistance.
137+17 (a) "Language assistance" means oral interpretation or
138+18 written or sight translation into English of a language other
139+19 than English or of English into another language for a party or
140+20 witness who cannot speak or understand English or who can do so
141+21 only with difficulty. "Sight translation" means the reading of
142+22 text written in one language by an interpreter who orally
143+23 translates it into another language.
144+24 (b) The administrative law judge has the duty to inquire
145+25 and determine if a participant in the hearing needs language
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104-1 and determine if a participant in the hearing needs language
105-2 assistance to participate in or understand the hearing. The
106-3 fact that an individual for whom English is a second language
107-4 knows some English should not prohibit that individual from
108-5 being allowed to receive language assistance. The examination
109-6 of the individual believed to be in need of language
110-7 assistance must be done on the record, and the conclusion of
111-8 the administrative law judge must be stated on the record.
112-9 (c) Any party or witness has the right to request language
113-10 assistance to participate in or understand the hearing at any
114-11 time during the course of the hearing.
115-12 (d) When language assistance is requested or determined to
116-13 be necessary by the administrative law judge, the agency must
117-14 appoint a certified, registered, or qualified interpreter, at
118-15 no cost to the person in need of the assistance. If it appears
119-16 that language assistance is needed but interpreters are not
120-17 available for the scheduled hearing, the administrative law
121-18 judge shall continue or postpone the hearing until appropriate
122-19 services can be provided. An unregistered interpreter should
123-20 be appointed only if the agency made reasonable efforts to
124-21 obtain a certified, registered, or qualified interpreter and
125-22 is not reasonably available. If the agency appoints an
126-23 unregistered interpreter, the administrative law judge must
127-24 examine the interpreter on the record to ensure the
128-25 interpreter is qualified to interpret in the hearing, has
129-26 proficiency in English and the foreign language, and does not
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156+1 assistance to participate in or understand the hearing. The
157+2 fact that an individual for whom English is a second language
158+3 knows some English should not prohibit that individual from
159+4 being allowed to receive language assistance. The examination
160+5 of the individual believed to be in need of language
161+6 assistance must be done on the record, and the conclusion of
162+7 the administrative law judge must be stated on the record.
163+8 (c) Any party or witness has the right to request language
164+9 assistance to participate in or understand the hearing at any
165+10 time during the course of the hearing.
166+11 (d) When language assistance is requested or determined to
167+12 be necessary by the administrative law judge, the agency must
168+13 appoint a certified, registered, or qualified interpreter, at
169+14 no cost to the person in need of the assistance. If it appears
170+15 that language assistance is needed but interpreters are not
171+16 available for the scheduled hearing, the administrative law
172+17 judge shall continue or postpone the hearing until appropriate
173+18 services can be provided. An unregistered interpreter should
174+19 be appointed only if the agency made reasonable efforts to
175+20 obtain a certified, registered, or qualified interpreter and
176+21 is not reasonably available. If the agency appoints an
177+22 unregistered interpreter, the administrative law judge must
178+23 examine the interpreter on the record to ensure the
179+24 interpreter is qualified to interpret in the hearing, has
180+25 proficiency in English and the foreign language, and does not
181+26 present a conflict of interest.
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140-1 present a conflict of interest.
141-2 (1) Interpreters on the registry established pursuant
142-3 to Section 405-600 of the Department of Central Management
143-4 Services Law are certified, registered, or qualified for
144-5 purposes of this Section.
145-6 (2) Court interpreters on the registry established
146-7 pursuant to the Illinois Supreme Court Language Access
147-8 Policy recommended lists of court interpreters are
148-9 certified, registered, or qualified for purposes of this
149-10 Section.
150-11 (e) The appointed interpreter must swear or affirm that he
151-12 or she:
152-13 (1) will make a true interpretation in an
153-14 understandable manner to the person for whom the
154-15 interpreter has been appointed;
155-16 (2) will repeat the statements of the person in need
156-17 of interpretation assistance in the English language to
157-18 the best of his or her ability;
158-19 (3) has not had any involvement in the issues of the
159-20 case before the hearing; and
160-21 (4) will not disclose privileged or confidential
161-22 communications to any person.
162-23 (f) If the party or witness in need of interpretation or an
163-24 attorney or advocate involved in the proceeding concludes that
164-25 the appointed interpreter is not interpreting communications
165-26 correctly, they may request the appointment of a different
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192+1 (1) Interpreters on the registry established pursuant
193+2 to Section 405-600 of the Department of Central Management
194+3 Services Law must be certified, registered, or qualified
195+4 for purposes of this Section.
196+5 (2) Court interpreters on the registry established
197+6 pursuant to the Illinois Supreme Court Language Access
198+7 Policy recommended lists of court interpreters must be
199+8 certified, registered, or qualified for purposes of this
200+9 Section.
201+10 (e) The appointed interpreter must swear or affirm that he
202+11 or she:
203+12 (1) will make a true interpretation in an
204+13 understandable manner to the person for whom the
205+14 interpreter has been appointed;
206+15 (2) will repeat the statements of the person in need
207+16 of interpretation assistance in the English language to
208+17 the best of his or her ability;
209+18 (3) has not had any involvement in the issues of the
210+19 case before the hearing; and
211+20 (4) will not disclose privileged or confidential
212+21 communications to any person.
213+22 (f) If the party or witness in need of interpretation or an
214+23 attorney or advocate involved in the proceeding concludes that
215+24 the appointed interpreter is not interpreting communications
216+25 correctly, they may request the appointment of a different
217+26 interpreter.
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176-1 interpreter.
177-2 (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
178-3 Sec. 10-45. Proposal for decision. Except where otherwise
179-4 expressly provided by law, when in a contested case a majority
180-5 of the officials of the agency who are to render the final
181-6 decision has not heard the case or read the record, the
182-7 decision, if adverse to a party to the proceeding other than
183-8 the agency, shall not be made until a proposal for decision is
184-9 served upon the parties and an opportunity is afforded to each
185-10 party adversely affected to file exceptions and to present a
186-11 brief and, if the agency so permits, oral argument to the
187-12 agency officials who are to render the decision. The proposal
188-13 for decision shall contain a statement of the reasons therefor
189-14 and of each issue of fact or law necessary to the proposed
190-15 decision and shall be prepared by the persons who conducted
191-16 the hearing or one who has read the record. Where an
192-17 interpreter is appointed for a party in the hearing under
193-18 Section 10-25.1, the agency must provide a translation of the
194-19 proposal for decision or provide an interpreter for sight
195-20 translation of the proposal for decision to the party needing
196-21 language assistance.
197-22 (Source: P.A. 87-823.)
198-23 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
199-24 Sec. 10-50. Decisions and orders.
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228+1 (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
229+2 Sec. 10-45. Proposal for decision. Except where otherwise
230+3 expressly provided by law, when in a contested case a majority
231+4 of the officials of the agency who are to render the final
232+5 decision has not heard the case or read the record, the
233+6 decision, if adverse to a party to the proceeding other than
234+7 the agency, shall not be made until a proposal for decision is
235+8 served upon the parties and an opportunity is afforded to each
236+9 party adversely affected to file exceptions and to present a
237+10 brief and, if the agency so permits, oral argument to the
238+11 agency officials who are to render the decision. The proposal
239+12 for decision shall contain a statement of the reasons therefor
240+13 and of each issue of fact or law necessary to the proposed
241+14 decision and shall be prepared by the persons who conducted
242+15 the hearing or one who has read the record. Where an
243+16 interpreter is appointed for a party in the hearing under
244+17 Section 10-25.1, the agency must provide a translation of the
245+18 proposal for decision or provide an interpreter for sight
246+19 translation of the proposal for decision to the party needing
247+20 language assistance.
248+21 (Source: P.A. 87-823.)
249+22 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
250+23 Sec. 10-50. Decisions and orders.
251+24 (a) A final decision or order adverse to a party (other
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210-1 (a) A final decision or order adverse to a party (other
211-2 than the agency) in a contested case shall be in writing or
212-3 stated in the record. A final decision shall include findings
213-4 of fact and conclusions of law, separately stated. Findings of
214-5 fact, if set forth in statutory language, shall be accompanied
215-6 by a concise and explicit statement of the underlying facts
216-7 supporting the findings. If, in accordance with agency rules,
217-8 a party submitted proposed findings of fact, the decision
218-9 shall include a ruling upon each proposed finding. Parties or
219-10 their agents appointed to receive service of process shall be
220-11 notified either personally, by registered or certified mail,
221-12 by email as provided by Section 10-75, or as otherwise
222-13 provided by law. Upon request a copy of the decision or order
223-14 shall be delivered or mailed forthwith to each party and to his
224-15 attorney of record. Where an interpreter is appointed for a
225-16 party in the hearing under Section 10-25.1, the agency must
226-17 provide a translation of the proposal for decision or provide
227-18 an interpreter to sight translate the proposal for decision to
228-19 the party needing language assistance.
229-20 (b) All agency orders shall specify whether they are final
230-21 and subject to the Administrative Review Law. Every final
231-22 order shall contain a list of all parties of record to the case
232-23 including the name and address of the agency or officer
233-24 entering the order and the addresses of each party as known to
234-25 the agency where the parties may be served with pleadings,
235-26 notices, or service of process for any review or further
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262+1 than the agency) in a contested case shall be in writing or
263+2 stated in the record. A final decision shall include findings
264+3 of fact and conclusions of law, separately stated. Findings of
265+4 fact, if set forth in statutory language, shall be accompanied
266+5 by a concise and explicit statement of the underlying facts
267+6 supporting the findings. If, in accordance with agency rules,
268+7 a party submitted proposed findings of fact, the decision
269+8 shall include a ruling upon each proposed finding. Parties or
270+9 their agents appointed to receive service of process shall be
271+10 notified either personally, by registered or certified mail,
272+11 by email as provided by Section 10-75, or as otherwise
273+12 provided by law. Upon request a copy of the decision or order
274+13 shall be delivered or mailed forthwith to each party and to his
275+14 attorney of record. Where an interpreter is appointed for a
276+15 party in the hearing under Section 10-25.1, the agency must
277+16 provide a translation of the proposal for decision or provide
278+17 an interpreter to sight translate the proposal for decision to
279+18 the party needing language assistance.
280+19 (b) All agency orders shall specify whether they are final
281+20 and subject to the Administrative Review Law. Every final
282+21 order shall contain a list of all parties of record to the case
283+22 including the name and address of the agency or officer
284+23 entering the order and the addresses of each party as known to
285+24 the agency where the parties may be served with pleadings,
286+25 notices, or service of process for any review or further
287+26 proceedings. Every final order shall also state whether the
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246-1 proceedings. Every final order shall also state whether the
247-2 rules of the agency require any motion or request for
248-3 reconsideration and cite the rule for the requirement. The
249-4 changes made by this amendatory Act of the 100th General
250-5 Assembly apply to all actions filed under the Administrative
251-6 Review Law on or after the effective date of this amendatory
252-7 Act of the 100th General Assembly.
253-8 (c) A decision by any agency in a contested case under this
254-9 Act shall be void unless the proceedings are conducted in
255-10 compliance with the provisions of this Act relating to
256-11 contested cases, except to the extent those provisions are
257-12 waived under Section 10-70 and except to the extent the agency
258-13 has adopted its own rules for contested cases as authorized in
259-14 Section 1-5.
260-15 (Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
261-16 101-81, eff. 7-12-19.)
262-17 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
263-18 Sec. 10-70. Waiver.
264-19 (a) Compliance with any or all of the provisions of this
265-20 Act concerning contested cases may be waived by written
266-21 stipulation of all parties.
267-22 (b) Where an administrative law judge has determined that
268-23 a party needs language assistance to understand or participate
269-24 in the hearing under Section 10-25.1, the parties must include
270-25 a signed written stipulation in the preferred language of the
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298+1 rules of the agency require any motion or request for
299+2 reconsideration and cite the rule for the requirement. The
300+3 changes made by this amendatory Act of the 100th General
301+4 Assembly apply to all actions filed under the Administrative
302+5 Review Law on or after the effective date of this amendatory
303+6 Act of the 100th General Assembly.
304+7 (c) A decision by any agency in a contested case under this
305+8 Act shall be void unless the proceedings are conducted in
306+9 compliance with the provisions of this Act relating to
307+10 contested cases, except to the extent those provisions are
308+11 waived under Section 10-70 and except to the extent the agency
309+12 has adopted its own rules for contested cases as authorized in
310+13 Section 1-5.
311+14 (Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
312+15 101-81, eff. 7-12-19.)
313+16 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
314+17 Sec. 10-70. Waiver.
315+18 (a) Compliance with any or all of the provisions of this
316+19 Act concerning contested cases may be waived by written
317+20 stipulation of all parties.
318+21 (b) Where an administrative law judge has determined that
319+22 a party needs language assistance to understand or participate
320+23 in the hearing under Section 10-25.1, the parties must include
321+24 a signed written stipulation in the preferred language of the
322+25 party in need of language assistance.
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281-1 party in need of language assistance.
282-2 (c) A written stipulation waiving any of the provisions in
283-3 Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
284-4 language assistance may be withdrawn by the party in need of
285-5 language assistance by oral declaration at hearing or in a
286-6 written declaration at any time. A withdrawal of the waiver,
287-7 in compliance with this subsection (c), will require
288-8 compliance of the language assistance provisions of this Act
289-9 going forward in the proceeding.
290-10 (Source: P.A. 87-823.)
291-11 Section 10. The Department of Central Management Services
292-12 Law of the Civil Administrative Code of Illinois is amended by
293-13 adding Section 600 as follows:
294-14 (20 ILCS 405/600 new)
295-15 Sec. 600. Certification of administrative hearing
296-16 interpreters.
297-17 (a) The Department shall compile, maintain, and
298-18 disseminate a current registry of foreign language
299-19 interpreters certified, qualified, and registered by the
300-20 Department that meet the minimum standards in interpreting
301-21 skills and linguistic abilities developed by the Department.
302-22 Any certified, qualified, and registered interpreter listed
303-23 may be examined by each employing agency to determine the
304-24 interpreter's knowledge of the employing agency's technical
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333+1 (c) A written stipulation waiving any of the provisions in
334+2 Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
335+3 language assistance may be withdrawn by the party in need of
336+4 language assistance by oral declaration at hearing or in a
337+5 written declaration at any time. A withdrawal of the waiver,
338+6 in compliance with this subsection (c), will require
339+7 compliance of the language assistance provisions of this Act
340+8 going forward in the proceeding.
341+9 (Source: P.A. 87-823.)
342+10 Section 10. The Department of Central Management Services
343+11 Law of the Civil Administrative Code of Illinois is amended by
344+12 adding Section 600 as follows:
345+13 (20 ILCS 405/600 new)
346+14 Sec. 600. Certification of administrative hearing
347+15 interpreters.
348+16 (a) The Department shall compile, maintain, and
349+17 disseminate a current registry of foreign language
350+18 interpreters certified, qualified, and registered by the
351+19 Department that meet the minimum standards in interpreting
352+20 skills and linguistic abilities developed by the Department.
353+21 Any certified, qualified, and registered interpreter listed
354+22 may be examined by each employing agency to determine the
355+23 interpreter's knowledge of the employing agency's technical
356+24 program terminology and procedures. For purposes of this
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315-1 program terminology and procedures. For purposes of this
316-2 section, the following definitions apply:
317-3 (1) "Certified interpreter" means a foreign language
318-4 interpreter certified pursuant to the program established
319-5 by the Department and listed on the Department's statewide
320-6 registry.
321-7 (2) "Qualified interpreter" means a foreign language
322-8 interpreter qualified pursuant to the program established
323-9 by the Department and listed on the Department's statewide
324-10 registry.
325-11 (3) "Registered interpreter" means a foreign language
326-12 interpreter registered pursuant to the program established
327-13 by the Department and listed on the Department's statewide
328-14 registry.
329-15 (b) The Department shall designate the languages for
330-16 certification. The Department may stop providing an
331-17 examination for the certification of a language if it finds
332-18 that there is an insufficient need for interpreting assistance
333-19 in the language using the criteria in subsection (c).
334-20 (c) The language designations shall be based on the
335-21 following:
336-22 (1) The language needs of non-English-speaking persons
337-23 appearing before the administrative agencies as determined
338-24 by consultation with the agencies.
339-25 (2) The cost of developing a language examination.
340-26 (3) The availability of experts needed to develop a
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367+1 section, the following definitions apply:
368+2 (1) "Certified interpreter" means a foreign language
369+3 interpreter certified pursuant to the program established
370+4 by the Department and listed on the Department's statewide
371+5 registry.
372+6 (2) "Qualified interpreter" means a foreign language
373+7 interpreter qualified pursuant to the program established
374+8 by the Department and listed on the Department's statewide
375+9 registry.
376+10 (3) "Registered interpreter" means a foreign language
377+11 interpreter registered pursuant to the program established
378+12 by the Department and listed on the Department's statewide
379+13 registry.
380+14 (b) The Department shall designate the languages for
381+15 certification. The Department may stop providing an
382+16 examination for the certification of a language if it finds
383+17 that there is an insufficient need for interpreting assistance
384+18 in the language using the criteria in subsection (c).
385+19 (c) The language designations shall be based on the
386+20 following:
387+21 (1) The language needs of non-English-speaking persons
388+22 appearing before the administrative agencies as determined
389+23 by consultation with the agencies.
390+24 (2) The cost of developing a language examination.
391+25 (3) The availability of experts needed to develop a
392+26 language examination.
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351-1 language examination.
352-2 (4) Other information the department deems relevant.
353-3 (d) The Department may charge reasonable fees to
354-4 interpreters for applying, testing, training, certification,
355-5 registration, and renewal of registration.
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403+1 (4) Other information the department deems relevant.
404+2 (d) The Department may charge reasonable fees to
405+3 interpreters for applying, testing, training, certification,
406+4 registration, and renewal of registration.
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