Illinois 2023-2024 Regular Session

Illinois House Bill HB5172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-1056
2	1		HB5172 EnrolledLRB103 38136 MXP 68268 b HB5172 Enrolled LRB103 38136 MXP 68268 b
3	2		HB5172 Enrolled LRB103 38136 MXP 68268 b
4		-	AN ACT concerning government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Administrative Procedure Act is
8		-	amended by changing Sections 10-10, 10-25, and 10-70 and by
9		-	adding Section 10-25.1 as follows:
10		-	(5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
11		-	Sec. 10-10. Components of rules. All agency rules
12		-	establishing procedures for contested cases shall at a minimum
13		-	comply with the provisions of this Article 10. In addition,
14		-	agency rules establishing procedures may include, but need not
15		-	be limited to, the following components: pre-hearing
16		-	conferences, representation interview or deposition
17		-	procedures, default procedures, selection of administrative
18		-	law judges, the form of the final order, the standard of proof
19		-	used, which agency official makes the final decision,
20		-	representation of parties, procedures for requesting and
21		-	receiving language access services, subpoena request
22		-	procedures, discovery and protective order procedures, and any
23		-	review or appeal process within the agency.
24		-	(Source: P.A. 87-823.)
25		-	(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
	3	+	1 AN ACT concerning government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Administrative Procedure Act is
	7	+	5 amended by changing Sections 10-10, 10-25, and 10-70 and by
	8	+	6 adding Section 10-25.1 as follows:
	9	+	7 (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
	10	+	8 Sec. 10-10. Components of rules. All agency rules
	11	+	9 establishing procedures for contested cases shall at a minimum
	12	+	10 comply with the provisions of this Article 10. In addition,
	13	+	11 agency rules establishing procedures may include, but need not
	14	+	12 be limited to, the following components: pre-hearing
	15	+	13 conferences, representation interview or deposition
	16	+	14 procedures, default procedures, selection of administrative
	17	+	15 law judges, the form of the final order, the standard of proof
	18	+	16 used, which agency official makes the final decision,
	19	+	17 representation of parties, procedures for requesting and
	20	+	18 receiving language access services, subpoena request
	21	+	19 procedures, discovery and protective order procedures, and any
	22	+	20 review or appeal process within the agency.
	23	+	21 (Source: P.A. 87-823.)
	24	+	22 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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27	26
28	27
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32		-	Sec. 10-25. Contested cases; notice; hearing.
33		-	(a) In a contested case, all parties shall be afforded an
34		-	opportunity for a hearing after reasonable notice. The notice
35		-	shall be served personally, by certified or registered mail,
36		-	by email as provided by Section 10-75, or as otherwise
37		-	provided by law upon the parties or their agents appointed to
38		-	receive service of process and shall include the following:
39		-	(1) A statement of the time, place, and nature of the
40		-	hearing.
41		-	(2) A statement of the legal authority and
42		-	jurisdiction under which the hearing is to be held.
43		-	(3) A reference to the particular Sections of the
44		-	substantive and procedural statutes and rules involved.
45		-	(4) Except where a more detailed statement is
46		-	otherwise provided for by law, a short and plain statement
47		-	of the matters asserted, the consequences of a failure to
48		-	respond, and the official file or other reference number.
49		-	(5) To the extent such information is available, the
50		-	names, phone numbers, email addresses, and mailing
51		-	addresses of the administrative law judge or designated
52		-	agency contact, the parties, and all other persons to whom
53		-	the agency gives notice of the hearing unless otherwise
54		-	confidential by law.
55		-	(6) An enclosure written in, at a minimum, English,
56		-	Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,
57		-	Russian, Spanish, Tagalog, Urdu, Ukrainian, and
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	32	+	HB5172 Enrolled - 2 - LRB103 38136 MXP 68268 b
	33	+	1 Sec. 10-25. Contested cases; notice; hearing.
	34	+	2 (a) In a contested case, all parties shall be afforded an
	35	+	3 opportunity for a hearing after reasonable notice. The notice
	36	+	4 shall be served personally, by certified or registered mail,
	37	+	5 by email as provided by Section 10-75, or as otherwise
	38	+	6 provided by law upon the parties or their agents appointed to
	39	+	7 receive service of process and shall include the following:
	40	+	8 (1) A statement of the time, place, and nature of the
	41	+	9 hearing.
	42	+	10 (2) A statement of the legal authority and
	43	+	11 jurisdiction under which the hearing is to be held.
	44	+	12 (3) A reference to the particular Sections of the
	45	+	13 substantive and procedural statutes and rules involved.
	46	+	14 (4) Except where a more detailed statement is
	47	+	15 otherwise provided for by law, a short and plain statement
	48	+	16 of the matters asserted, the consequences of a failure to
	49	+	17 respond, and the official file or other reference number.
	50	+	18 (5) To the extent such information is available, the
	51	+	19 names, phone numbers, email addresses, and mailing
	52	+	20 addresses of the administrative law judge or designated
	53	+	21 agency contact, the parties, and all other persons to whom
	54	+	22 the agency gives notice of the hearing unless otherwise
	55	+	23 confidential by law.
	56	+	24 (6) An enclosure written in, at a minimum, English,
	57	+	25 Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,
	58	+	26 Russian, Spanish, Tagalog, Urdu, Ukrainian, and
58	59
59	60
60		-	Vietnamese, which notifies the recipient of the ability
61		-	for a party or the recipient's agent to request
62		-	interpretive assistance to participate in or understand
63		-	the hearing and to receive language access services for
64		-	translating the contents of the notice. A request to
65		-	receive a written or sight translation of the notice must
66		-	be made within 7 days of service of the notice.
67		-	(b) An opportunity shall be afforded all parties to be
68		-	represented by legal counsel and to respond and present
69		-	evidence and argument.
70		-	(c) Unless precluded by law, disposition may be made of
71		-	any contested case by stipulation, agreed settlement, consent
72		-	order, or default.
73		-	(d) Language access services and interpretive assistance
74		-	provided in contested hearings shall be, at a minimum, in
75		-	accordance with this Act, and as otherwise provided for in any
76		-	law or rule governing an agency's contested hearings.
77		-	(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
78		-	(5 ILCS 100/10-25.1 new)
79		-	Sec. 10-25.1. Language access services.
80		-	(a) As used in this Article:
81		-	"Foreign language interpreter" means a person who is
82		-	fluent in both English and another language, who listens to a
83		-	communication in one language and orally converts it into
84		-	another language while retaining the same meaning, and who
85	61
86	62
87		-	either (i) has satisfied the certification requirement set
88		-	forth in Section 8a.2 of the Personnel Code or (ii) has been
89		-	contracted with by the State or an agency to provide
90		-	interpretive assistance in administrative hearings. A foreign
91		-	language interpreter need not be physically present to provide
92		-	interpretive assistance.
93		-	"Indigent person" has the meaning given in subdivision
94		-	(a)(2) of Section 5-105 of the Code of Civil Procedure.
95		-	"Interpretive assistance" means services that involve
96		-	listening to a communication in one language and orally
97		-	converting that communication into another language while
98		-	retaining the same meaning.
99		-	"Language access services" means the full spectrum of
100		-	language services available to provide meaningful access to
101		-	the programs and services for limited English proficient
102		-	persons, including, but not limited to, in-person interpreter
103		-	services, telephonic and video remote interpreter services,
104		-	translation of written materials, and bilingual staff
105		-	services.
106		-	"Limited English proficient person" means someone who
107		-	speaks a language other than English as his or her primary
108		-	language and has a limited ability to read, write, speak, or
109		-	understand English and requires the assistance of a foreign
110		-	language interpreter to effectively communicate in a legal
111		-	proceeding.
112		-	"Nonsubstantive hearing" means a hearing to discuss
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115		-	hearing rules, hearing processes, hearing procedures, and
116		-	hearing scheduling. A hearing in which a substantive ruling is
117		-	made is not a nonsubstantive hearing.
118		-	"Sight translation" means the conversion of written text
119		-	in one language into another spoken language.
120		-	"Substantive hearing" means a hearing in which a
121		-	substantive ruling may be made. "Substantive hearing" includes
122		-	a prehearing conference or formal hearing in which testimony
123		-	or evidence is being taken.
124		-	"Substantive ruling" means a ruling that directly relates
125		-	to the merits of the case and does not include explanation of
126		-	hearing rules, hearing processes, hearing procedures, or
127		-	hearing scheduling.
128		-	"Translator" means a person who converts written text from
129		-	one language into written text in another language.
130		-	"Written translation" means a conversion of written text
131		-	from one language into written text in another language.
132		-	(b) A self-represented litigant, a witness, or a litigant
133		-	who is an indigent person has the right to request
134		-	interpretive assistance to participate in or understand a
135		-	hearing at any time during the course of the hearing. If no
136		-	request is made but the administrative law judge reasonably
137		-	believes that a self-represented litigant or witness is a
138		-	limited English proficient person, the administrative law
139		-	judge shall inquire if the individual is in need of
140		-	interpretive assistance to participate in or understand the
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	69	+	1 Vietnamese, which notifies the recipient of the ability
	70	+	2 for a party or the recipient's agent to request
	71	+	3 interpretive assistance to participate in or understand
	72	+	4 the hearing and to receive language access services for
	73	+	5 translating the contents of the notice. A request to
	74	+	6 receive a written or sight translation of the notice must
	75	+	7 be made within 7 days of service of the notice.
	76	+	8 (b) An opportunity shall be afforded all parties to be
	77	+	9 represented by legal counsel and to respond and present
	78	+	10 evidence and argument.
	79	+	11 (c) Unless precluded by law, disposition may be made of
	80	+	12 any contested case by stipulation, agreed settlement, consent
	81	+	13 order, or default.
	82	+	14 (d) Language access services and interpretive assistance
	83	+	15 provided in contested hearings shall be, at a minimum, in
	84	+	16 accordance with this Act, and as otherwise provided for in any
	85	+	17 law or rule governing an agency's contested hearings.
	86	+	18 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
	87	+	19 (5 ILCS 100/10-25.1 new)
	88	+	20 Sec. 10-25.1. Language access services.
	89	+	21 (a) As used in this Article:
	90	+	22 "Foreign language interpreter" means a person who is
	91	+	23 fluent in both English and another language, who listens to a
	92	+	24 communication in one language and orally converts it into
	93	+	25 another language while retaining the same meaning, and who
141	94
142	95
143		-	hearing. The fact that an individual for whom English is a
144		-	second language knows some English should not prohibit that
145		-	individual from being allowed to receive interpretive
146		-	assistance from a foreign language interpreter. The conclusion
147		-	of the administrative law judge regarding the need for
148		-	interpretive assistance must be stated in the record.
149		-	(c) If interpretive assistance is requested by a
150		-	self-represented litigant, a witness, or a litigant who is an
151		-	indigent person or if interpretive assistance is determined to
152		-	be necessary by the administrative law judge, the agency must
153		-	appoint a foreign language interpreter at no cost to the
154		-	person in need of the assistance for use in a substantive
155		-	hearing. If it appears that interpretive assistance is needed
156		-	but a foreign language interpreter is not available for the
157		-	scheduled substantive hearing, the administrative law judge
158		-	shall continue or postpone the hearing until appropriate
159		-	services can be provided. In a substantive hearing, an
160		-	interpreter who is not a foreign language interpreter should
161		-	be appointed only if the agency made reasonable efforts to
162		-	obtain a foreign language interpreter and one is not
163		-	reasonably available. If the agency appoints an interpreter
164		-	who is not a foreign language interpreter, the administrative
165		-	law judge must examine the interpreter to ensure the
166		-	interpreter is competent to interpret in the hearing, has
167		-	proficiency in English and the applicable foreign language,
168		-	and does not present a conflict of interest.
169	96
170	97
171		-	(d) An agency may provide interpretive assistance during a
172		-	nonsubstantive hearing by use of an interpreter who is not a
173		-	foreign language interpreter, provided the administrative law
174		-	judge examines the interpreter for competency for the purposes
175		-	of the non-substantive hearing.
176		-	(e) All persons appointed to provide interpretive
177		-	assistance in substantive and nonsubstantive hearings must
178		-	swear or affirm that they:
179		-	(1) will make a true interpretation, from the English
180		-	language, in an understandable manner to the limited
181		-	English proficient person for whom the interpreter has
182		-	been appointed;
183		-	(2) will repeat the statements of the limited English
184		-	proficient person, in the English language, to the best of
185		-	the interpreter's ability;
186		-	(3) have not had any involvement in the issues of the
187		-	case before the hearing; and
188		-	(4) will not disclose privileged or confidential
189		-	communications to any person.
190		-	(f) If an appointed interpreter is not accurately
191		-	interpreting communications, the limited English proficient
192		-	person, or that person's attorney or authorized
193		-	representative, if an authorized representative is permitted
194		-	under agency rules, may request the appointment of a different
195		-	interpreter, subject to the approval of the administrative law
196		-	judge.
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198	101
199		-	(g) An agency may adopt rules for the implementation and
200		-	administration of this Section. Nothing in this Section
201		-	precludes an agency from providing language access services in
202		-	addition to those required under this Section to any limited
203		-	English proficient person, subject to agency discretion.
204		-	(5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
205		-	Sec. 10-70. Waiver.
206		-	(a) Compliance with any or all of the provisions of this
207		-	Act concerning contested cases may be waived by written
208		-	stipulation of all parties.
209		-	(b) To waive any of the provisions relating to language
210		-	access services under Sections 10-25 and 10-25.1, the parties
211		-	must provide a signed written stipulation in both English and
212		-	the preferred language of the party in need of language
213		-	assistance.
214		-	(c) A written stipulation waiving the language access
215		-	service provisions of Sections 10-25 and 10-25.1 of this Act
216		-	may be withdrawn by the limited English proficient person at
217		-	any time. The withdrawal may be made by oral declaration at
218		-	hearing or in a written declaration. Following such a
219		-	withdrawal, the remainder of the proceeding must be conducted
220		-	in accordance with Sections 10-25 and 10-25.1.
221		-	(Source: P.A. 87-823.)
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	104	+	1 either (i) has satisfied the certification requirement set
	105	+	2 forth in Section 8a.2 of the Personnel Code or (ii) has been
	106	+	3 contracted with by the State or an agency to provide
	107	+	4 interpretive assistance in administrative hearings. A foreign
	108	+	5 language interpreter need not be physically present to provide
	109	+	6 interpretive assistance.
	110	+	7 "Indigent person" has the meaning given in subdivision
	111	+	8 (a)(2) of Section 5-105 of the Code of Civil Procedure.
	112	+	9 "Interpretive assistance" means services that involve
	113	+	10 listening to a communication in one language and orally
	114	+	11 converting that communication into another language while
	115	+	12 retaining the same meaning.
	116	+	13 "Language access services" means the full spectrum of
	117	+	14 language services available to provide meaningful access to
	118	+	15 the programs and services for limited English proficient
	119	+	16 persons, including, but not limited to, in-person interpreter
	120	+	17 services, telephonic and video remote interpreter services,
	121	+	18 translation of written materials, and bilingual staff
	122	+	19 services.
	123	+	20 "Limited English proficient person" means someone who
	124	+	21 speaks a language other than English as his or her primary
	125	+	22 language and has a limited ability to read, write, speak, or
	126	+	23 understand English and requires the assistance of a foreign
	127	+	24 language interpreter to effectively communicate in a legal
	128	+	25 proceeding.
	129	+	26 "Nonsubstantive hearing" means a hearing to discuss
	130	+
	131	+
	132	+
	133	+
	134	+
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	140	+	1 hearing rules, hearing processes, hearing procedures, and
	141	+	2 hearing scheduling. A hearing in which a substantive ruling is
	142	+	3 made is not a nonsubstantive hearing.
	143	+	4 "Sight translation" means the conversion of written text
	144	+	5 in one language into another spoken language.
	145	+	6 "Substantive hearing" means a hearing in which a
	146	+	7 substantive ruling may be made. "Substantive hearing" includes
	147	+	8 a prehearing conference or formal hearing in which testimony
	148	+	9 or evidence is being taken.
	149	+	10 "Substantive ruling" means a ruling that directly relates
	150	+	11 to the merits of the case and does not include explanation of
	151	+	12 hearing rules, hearing processes, hearing procedures, or
	152	+	13 hearing scheduling.
	153	+	14 "Translator" means a person who converts written text from
	154	+	15 one language into written text in another language.
	155	+	16 "Written translation" means a conversion of written text
	156	+	17 from one language into written text in another language.
	157	+	18 (b) A self-represented litigant, a witness, or a litigant
	158	+	19 who is an indigent person has the right to request
	159	+	20 interpretive assistance to participate in or understand a
	160	+	21 hearing at any time during the course of the hearing. If no
	161	+	22 request is made but the administrative law judge reasonably
	162	+	23 believes that a self-represented litigant or witness is a
	163	+	24 limited English proficient person, the administrative law
	164	+	25 judge shall inquire if the individual is in need of
	165	+	26 interpretive assistance to participate in or understand the
	166	+
	167	+
	168	+
	169	+
	170	+
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	176	+	1 hearing. The fact that an individual for whom English is a
	177	+	2 second language knows some English should not prohibit that
	178	+	3 individual from being allowed to receive interpretive
	179	+	4 assistance from a foreign language interpreter. The conclusion
	180	+	5 of the administrative law judge regarding the need for
	181	+	6 interpretive assistance must be stated in the record.
	182	+	7 (c) If interpretive assistance is requested by a
	183	+	8 self-represented litigant, a witness, or a litigant who is an
	184	+	9 indigent person or if interpretive assistance is determined to
	185	+	10 be necessary by the administrative law judge, the agency must
	186	+	11 appoint a foreign language interpreter at no cost to the
	187	+	12 person in need of the assistance for use in a substantive
	188	+	13 hearing. If it appears that interpretive assistance is needed
	189	+	14 but a foreign language interpreter is not available for the
	190	+	15 scheduled substantive hearing, the administrative law judge
	191	+	16 shall continue or postpone the hearing until appropriate
	192	+	17 services can be provided. In a substantive hearing, an
	193	+	18 interpreter who is not a foreign language interpreter should
	194	+	19 be appointed only if the agency made reasonable efforts to
	195	+	20 obtain a foreign language interpreter and one is not
	196	+	21 reasonably available. If the agency appoints an interpreter
	197	+	22 who is not a foreign language interpreter, the administrative
	198	+	23 law judge must examine the interpreter to ensure the
	199	+	24 interpreter is competent to interpret in the hearing, has
	200	+	25 proficiency in English and the applicable foreign language,
	201	+	26 and does not present a conflict of interest.
	202	+
	203	+
	204	+
	205	+
	206	+
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	212	+	1 (d) An agency may provide interpretive assistance during a
	213	+	2 nonsubstantive hearing by use of an interpreter who is not a
	214	+	3 foreign language interpreter, provided the administrative law
	215	+	4 judge examines the interpreter for competency for the purposes
	216	+	5 of the non-substantive hearing.
	217	+	6 (e) All persons appointed to provide interpretive
	218	+	7 assistance in substantive and nonsubstantive hearings must
	219	+	8 swear or affirm that they:
	220	+	9 (1) will make a true interpretation, from the English
	221	+	10 language, in an understandable manner to the limited
	222	+	11 English proficient person for whom the interpreter has
	223	+	12 been appointed;
	224	+	13 (2) will repeat the statements of the limited English
	225	+	14 proficient person, in the English language, to the best of
	226	+	15 the interpreter's ability;
	227	+	16 (3) have not had any involvement in the issues of the
	228	+	17 case before the hearing; and
	229	+	18 (4) will not disclose privileged or confidential
	230	+	19 communications to any person.
	231	+	20 (f) If an appointed interpreter is not accurately
	232	+	21 interpreting communications, the limited English proficient
	233	+	22 person, or that person's attorney or authorized
	234	+	23 representative, if an authorized representative is permitted
	235	+	24 under agency rules, may request the appointment of a different
	236	+	25 interpreter, subject to the approval of the administrative law
	237	+	26 judge.
	238	+
	239	+
	240	+
	241	+
	242	+
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	245	+
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	248	+	1 (g) An agency may adopt rules for the implementation and
	249	+	2 administration of this Section. Nothing in this Section
	250	+	3 precludes an agency from providing language access services in
	251	+	4 addition to those required under this Section to any limited
	252	+	5 English proficient person, subject to agency discretion.
	253	+	6 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
	254	+	7 Sec. 10-70. Waiver.
	255	+	8 (a) Compliance with any or all of the provisions of this
	256	+	9 Act concerning contested cases may be waived by written
	257	+	10 stipulation of all parties.
	258	+	11 (b) To waive any of the provisions relating to language
	259	+	12 access services under Sections 10-25 and 10-25.1, the parties
	260	+	13 must provide a signed written stipulation in both English and
	261	+	14 the preferred language of the party in need of language
	262	+	15 assistance.
	263	+	16 (c) A written stipulation waiving the language access
	264	+	17 service provisions of Sections 10-25 and 10-25.1 of this Act
	265	+	18 may be withdrawn by the limited English proficient person at
	266	+	19 any time. The withdrawal may be made by oral declaration at
	267	+	20 hearing or in a written declaration. Following such a
	268	+	21 withdrawal, the remainder of the proceeding must be conducted
	269	+	22 in accordance with Sections 10-25 and 10-25.1.
	270	+	23 (Source: P.A. 87-823.)
	271	+
	272	+
	273	+
	274	+
	275	+
	276	+	HB5172 Enrolled - 8 - LRB103 38136 MXP 68268 b