Public Act 103-1056
HB5172 EnrolledLRB103 38136 MXP 68268 b HB5172 Enrolled LRB103 38136 MXP 68268 b
HB5172 Enrolled LRB103 38136 MXP 68268 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 10-10, 10-25, and 10-70 and by
adding Section 10-25.1 as follows:
(5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
Sec. 10-10. Components of rules. All agency rules
establishing procedures for contested cases shall at a minimum
comply with the provisions of this Article 10. In addition,
agency rules establishing procedures may include, but need not
be limited to, the following components: pre-hearing
conferences, representation interview or deposition
procedures, default procedures, selection of administrative
law judges, the form of the final order, the standard of proof
used, which agency official makes the final decision,
representation of parties, procedures for requesting and
receiving language access services, subpoena request
procedures, discovery and protective order procedures, and any
review or appeal process within the agency.
(Source: P.A. 87-823.)
(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
HB5172 Enrolled LRB103 38136 MXP 68268 b
Sec. 10-25. Contested cases; notice; hearing.
(a) In a contested case, all parties shall be afforded an
opportunity for a hearing after reasonable notice. The notice
shall be served personally, by certified or registered mail,
by email as provided by Section 10-75, or as otherwise
provided by law upon the parties or their agents appointed to
receive service of process and shall include the following:
(1) A statement of the time, place, and nature of the
hearing.
(2) A statement of the legal authority and
jurisdiction under which the hearing is to be held.
(3) A reference to the particular Sections of the
substantive and procedural statutes and rules involved.
(4) Except where a more detailed statement is
otherwise provided for by law, a short and plain statement
of the matters asserted, the consequences of a failure to
respond, and the official file or other reference number.
(5) To the extent such information is available, the
names, phone numbers, email addresses, and mailing
addresses of the administrative law judge or designated
agency contact, the parties, and all other persons to whom
the agency gives notice of the hearing unless otherwise
confidential by law.
(6) An enclosure written in, at a minimum, English,
Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,
Russian, Spanish, Tagalog, Urdu, Ukrainian, and
Vietnamese, which notifies the recipient of the ability
for a party or the recipient's agent to request
interpretive assistance to participate in or understand
the hearing and to receive language access services for
translating the contents of the notice. A request to
receive a written or sight translation of the notice must
be made within 7 days of service of the notice.
(b) An opportunity shall be afforded all parties to be
represented by legal counsel and to respond and present
evidence and argument.
(c) Unless precluded by law, disposition may be made of
any contested case by stipulation, agreed settlement, consent
order, or default.
(d) Language access services and interpretive assistance
provided in contested hearings shall be, at a minimum, in
accordance with this Act, and as otherwise provided for in any
law or rule governing an agency's contested hearings.
(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 100/10-25.1 new)
Sec. 10-25.1. Language access services.
(a) As used in this Article:
"Foreign language interpreter" means a person who is
fluent in both English and another language, who listens to a
communication in one language and orally converts it into
another language while retaining the same meaning, and who
either (i) has satisfied the certification requirement set
forth in Section 8a.2 of the Personnel Code or (ii) has been
contracted with by the State or an agency to provide
interpretive assistance in administrative hearings. A foreign
language interpreter need not be physically present to provide
interpretive assistance.
"Indigent person" has the meaning given in subdivision
(a)(2) of Section 5-105 of the Code of Civil Procedure.
"Interpretive assistance" means services that involve
listening to a communication in one language and orally
converting that communication into another language while
retaining the same meaning.
"Language access services" means the full spectrum of
language services available to provide meaningful access to
the programs and services for limited English proficient
persons, including, but not limited to, in-person interpreter
services, telephonic and video remote interpreter services,
translation of written materials, and bilingual staff
services.
"Limited English proficient person" means someone who
speaks a language other than English as his or her primary
language and has a limited ability to read, write, speak, or
understand English and requires the assistance of a foreign
language interpreter to effectively communicate in a legal
proceeding.
"Nonsubstantive hearing" means a hearing to discuss
hearing rules, hearing processes, hearing procedures, and
hearing scheduling. A hearing in which a substantive ruling is
made is not a nonsubstantive hearing.
"Sight translation" means the conversion of written text
in one language into another spoken language.
"Substantive hearing" means a hearing in which a
substantive ruling may be made. "Substantive hearing" includes
a prehearing conference or formal hearing in which testimony
or evidence is being taken.
"Substantive ruling" means a ruling that directly relates
to the merits of the case and does not include explanation of
hearing rules, hearing processes, hearing procedures, or
hearing scheduling.
"Translator" means a person who converts written text from
one language into written text in another language.
"Written translation" means a conversion of written text
from one language into written text in another language.
(b) A self-represented litigant, a witness, or a litigant
who is an indigent person has the right to request
interpretive assistance to participate in or understand a
hearing at any time during the course of the hearing. If no
request is made but the administrative law judge reasonably
believes that a self-represented litigant or witness is a
limited English proficient person, the administrative law
judge shall inquire if the individual is in need of
interpretive assistance to participate in or understand the
hearing. The fact that an individual for whom English is a
second language knows some English should not prohibit that
individual from being allowed to receive interpretive
assistance from a foreign language interpreter. The conclusion
of the administrative law judge regarding the need for
interpretive assistance must be stated in the record.
(c) If interpretive assistance is requested by a
self-represented litigant, a witness, or a litigant who is an
indigent person or if interpretive assistance is determined to
be necessary by the administrative law judge, the agency must
appoint a foreign language interpreter at no cost to the
person in need of the assistance for use in a substantive
hearing. If it appears that interpretive assistance is needed
but a foreign language interpreter is not available for the
scheduled substantive hearing, the administrative law judge
shall continue or postpone the hearing until appropriate
services can be provided. In a substantive hearing, an
interpreter who is not a foreign language interpreter should
be appointed only if the agency made reasonable efforts to
obtain a foreign language interpreter and one is not
reasonably available. If the agency appoints an interpreter
who is not a foreign language interpreter, the administrative
law judge must examine the interpreter to ensure the
interpreter is competent to interpret in the hearing, has
proficiency in English and the applicable foreign language,
and does not present a conflict of interest.
(d) An agency may provide interpretive assistance during a
nonsubstantive hearing by use of an interpreter who is not a
foreign language interpreter, provided the administrative law
judge examines the interpreter for competency for the purposes
of the non-substantive hearing.
(e) All persons appointed to provide interpretive
assistance in substantive and nonsubstantive hearings must
swear or affirm that they:
(1) will make a true interpretation, from the English
language, in an understandable manner to the limited
English proficient person for whom the interpreter has
been appointed;
(2) will repeat the statements of the limited English
proficient person, in the English language, to the best of
the interpreter's ability;
(3) have not had any involvement in the issues of the
case before the hearing; and
(4) will not disclose privileged or confidential
communications to any person.
(f) If an appointed interpreter is not accurately
interpreting communications, the limited English proficient
person, or that person's attorney or authorized
representative, if an authorized representative is permitted
under agency rules, may request the appointment of a different
interpreter, subject to the approval of the administrative law
judge.
(g) An agency may adopt rules for the implementation and
administration of this Section. Nothing in this Section
precludes an agency from providing language access services in
addition to those required under this Section to any limited
English proficient person, subject to agency discretion.
(5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
Sec. 10-70. Waiver.
(a) Compliance with any or all of the provisions of this
Act concerning contested cases may be waived by written
stipulation of all parties.
(b) To waive any of the provisions relating to language
access services under Sections 10-25 and 10-25.1, the parties
must provide a signed written stipulation in both English and
the preferred language of the party in need of language
assistance.
(c) A written stipulation waiving the language access
service provisions of Sections 10-25 and 10-25.1 of this Act
may be withdrawn by the limited English proficient person at
any time. The withdrawal may be made by oral declaration at
hearing or in a written declaration. Following such a
withdrawal, the remainder of the proceeding must be conducted
in accordance with Sections 10-25 and 10-25.1.
(Source: P.A. 87-823.)