2023 Illinois Compiled Statutes › Chapter 5 - GENERAL PROVISIONS › 5 ILCS 100/ - Illinois Administrative Procedure Act. › Article 10 - Administrative Hearings

(5 ILCS 100/Art. 10 heading)
ARTICLE 10.  
		ADMINISTRATIVE HEARINGS
(5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
Sec. 10-5. 
		Rules required for hearings. 
		All agencies shall adopt rules
establishing procedures for contested case hearings.
(Source: P.A. 87-823.)
(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, subpoena request
procedures, discovery and protective order procedures, and any review or
appeal process within the agency.
(Source: P.A. 87-823.)
(5 ILCS 100/10-15) (from Ch. 127, par. 1010-15)
Sec. 10-15. 
		Standard of proof. 
		Unless otherwise provided by law or
stated in the agency's rules, the standard of proof in any contested case
hearing conducted under this Act by an agency shall be the preponderance of
the evidence.
(Source: P.A. 87-823.)
(5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
Sec. 10-20. 
		Qualifications of administrative law judges. 
		All agencies
shall adopt rules concerning the minimum qualifications of administrative
law judges for contested case hearings.  The agency head or an attorney
licensed to practice law in Illinois may act as an administrative law judge
or panel for an agency without adopting any rules under this Section.
These rules may be adopted using the procedures in either Section 5-15 or 5-35.
(Source: P.A. 87-823.)
(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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.
(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.
(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 100/10-30) (from Ch. 127, par. 1010-30)
Sec. 10-30. 
		Disqualification of administrative law judge.
(a) The agency head, one or more members of the agency head,
or any other person meeting the qualifications set forth by rule under
Section 10-20 may be the administrative law judge.
(b) The agency shall provide by rule for disqualification of an
administrative law judge for bias or conflict of interest.  An adverse
ruling, in and of itself, shall not constitute bias or conflict of interest.
(Source: P.A. 87-823.)
(5 ILCS 100/10-35) (from Ch. 127, par. 1010-35)
Sec. 10-35. 
		Record in contested cases.
(a) The record in a contested case shall include the following:
(1) All pleadings (including all notices and     responses thereto), motions, and rulings.
(2) All evidence received.
(3) A statement of matters officially noticed.
(4) Any offers of proof, objections, and rulings     thereon.
(5) Any proposed findings and exceptions.
(6) Any decision, opinion, or report by the     administrative law judge.
(7) All staff memoranda or data submitted to the     administrative law judge or members of the agency in connection with their consideration of the case that are inconsistent with Section 10-60.
(8) Any communication prohibited by Section 10-60.      No such communication shall form the basis for any finding of fact.
(b) Oral proceedings or any part thereof shall be recorded
stenographically or by other means that will adequately insure the
preservation of the testimony or oral proceedings and shall be transcribed
on the request of any party.
(c) Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.
(Source: P.A. 87-823.)
(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
Sec. 10-40. Rules of evidence; official notice. In contested cases:
(a) Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded.  The rules of evidence and privilege as applied in civil cases
in the circuit courts of this State shall be followed.  Evidence not
admissible under those rules of evidence may be admitted, however, (except
where precluded by statute) if it is of a type commonly relied upon by
reasonably prudent men in the conduct of their affairs.  Objections to
evidentiary offers may be made and shall be noted in the record.  Subject
to these requirements, when a hearing will be expedited and the interests
of the parties will not be prejudiced, any part of the evidence may be
received in written form.
(b) Subject to the evidentiary requirements of subsection (a) of this
Section, a party may conduct cross-examination required for a full and fair
disclosure of the facts.
(c) Notice may be taken of matters of which the circuit courts of this
State may take judicial notice.  In addition, notice may be taken of
generally recognized technical or scientific facts within the agency's
specialized knowledge.  Parties shall be notified either before or during
the hearing, or by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and they shall be
afforded an opportunity to contest the material so noticed.  The agency's
experience, technical competence, and specialized knowledge may be utilized
in the evaluation of the evidence.
(Source: P.A. 99-78, eff. 7-20-15.)
(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
Sec. 10-45. 
		Proposal for decision. 
		Except where otherwise expressly
provided by law, when in a contested case a majority of the officials of
the agency who are to render the  final decision has not heard the case or
read the record, the decision, if adverse to a party to the proceeding
other than the agency, shall not be made until a proposal for decision is
served upon the parties and an opportunity is afforded to each party
adversely affected to file exceptions and to present a brief and, if the
agency so permits, oral argument to the agency officials who are to render
the decision.  The proposal for decision shall contain a statement of the
reasons therefor and of each issue of fact or law necessary to the proposed
decision and shall be prepared by the persons who conducted the hearing or
one who has read the record.
(Source: P.A. 87-823.)
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.
(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
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, by  registered or
certified mail, by email as provided by Section 10-75, or as otherwise provided by law.  Upon request a copy of the
decision or order shall be delivered or mailed forthwith to each party and
to his attorney of record.
(b) All agency orders shall specify whether they are final and subject
to the Administrative Review Law. Every final order 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.
(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.
(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 100/10-55) (from Ch. 127, par. 1010-55)
Sec. 10-55. 
		Expenses and attorney's fees.
(a) In any contested case initiated by any agency that does
not proceed to court for judicial review and on any issue where a court
does not have jurisdiction to make an award of litigation expenses under
Section 2-611 of the Civil Practice Law, any allegation made by the agency
without reasonable cause and found to be untrue shall subject the agency
making the allegation to the payment of the reasonable expenses, including
reasonable attorney's fees, actually incurred in defending against that
allegation by the party against whom the case was initiated. A claimant may
not recover litigation expenses when the parties have executed a settlement
agreement that, while not stipulating liability or violation, requires the
claimant to take correction action or pay a monetary sum.
(b) The claimant shall make a demand for litigation expenses to the
agency.  If the claimant is dissatisfied because of the agency's failure to
make any award or because of the insufficiency of the agency's award, the
claimant may petition the Court of Claims for the amount deemed owed.  If
allowed any recovery by the Court of Claims, the claimant shall also be
entitled to reasonable attorney's fees and the reasonable expenses incurred
in making a claim for the expenses incurred in the administrative action.
The Court of Claims may reduce the amount of the litigation expenses to be
awarded under this Section, or deny an award, to the extent that the
claimant engaged in conduct during the course of the proceeding that unduly
and unreasonably protracted the final resolution of the matter in controversy.
(c) In any case in which a party has any administrative rule invalidated
by a court for any reason, including but not limited to the agency's exceeding
its statutory authority or the agency's failure to follow statutory procedures
in the adoption of the rule, the court shall award the party bringing the
action the reasonable expenses of the litigation, including reasonable
attorney's fees.
(Source: P.A. 87-823.)
(5 ILCS 100/10-60) (from Ch. 127, par. 1010-60)
Sec. 10-60. 
		Ex parte communications.
(a) Except in the disposition of matters that agencies are authorized by
law to entertain or dispose of on an ex parte basis, agency heads, agency
employees, and administrative law judges shall not, after notice of hearing
in a contested case or licensing to which the procedures of a contested
case apply under this Act, communicate, directly or indirectly, in
connection with any issue of fact, with any person or party, or in
connection with any other issue with any party or the representative of any
party, except upon notice and opportunity for all parties to participate.
(b) However, an agency member may communicate with other members of
the agency, and an agency member or administrative law judge may have
the aid and advice of one or more personal assistants.
(c) An ex parte communication received by any agency head, agency
employee, or administrative law judge shall be made a part of the record of
the pending matter, including all written communications, all written
responses to the communications, and a memorandum stating the substance of
all oral communications and all responses made and the identity of each
person from whom the ex parte communication was received.
(d) Communications regarding matters of procedure and practice, such
as the format of pleadings, number of copies required, manner of service,
and status of proceedings, are not considered ex parte communications under
this Section.
(Source: P.A. 87-823.)
(5 ILCS 100/10-63)
Sec. 10-63. Stay of contested case hearings; military.
(a) In this Section:
"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In a contested case in which a named party is a service member who has entered military service, for a period of 14 days that follow the conclusion of military service, the administrative law judge shall, upon motion made by or on behalf of the service member, stay the hearing for a period of 90 days if the service member's ability to appear at the hearing is materially affected by his or her military service.
(c) In order to be eligible for the benefits granted to service members under this Section, a service member must demonstrate that his or her military service has been in excess of 29 consecutive days and has materially affected his or her ability to attend the hearing  by submitting a letter to the administrative law judge from the service member's  commanding officer stating that the service member's military duty has prevented the service member  from appearing at the hearing and that military leave has not been authorized. The service member must also provide the administrative law judge with an approximate date of availability.
(d) Additional stays of the contested case hearing shall be permitted at the discretion of the administrative law judge if all of the requirements of this Section are met.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
     imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.)
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded by notice and
an opportunity for a hearing, the provisions of this Act concerning
contested cases shall apply.
(b) When a licensee has made timely and sufficient application for
the renewal of a license or a new license with reference to any activity
of a continuing nature, the existing license shall continue in full
force and effect until the final agency decision on the application has
been made unless a later date is fixed by order of a reviewing court.
(c) An application for a new license
shall include the applicant's social security number, which shall be retained in the agency's records pertaining to the license. As soon as practical, an agency must assign a customer identification number to each applicant for a license that the applicant may use in place of his or her social security number on the application for a license or renewal of a license.  A licensee's social security number shall not appear on the face of his or her license. Each agency shall require
the licensee to certify on the
application form, under penalty of perjury, that he or she is not more than
30 days delinquent in complying with a child support order.  Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee
to contempt of court.  The agency shall notify each applicant or licensee
who
acknowledges a delinquency or who, contrary to his or her certification, is
found to be delinquent or who after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or a child support proceeding,
that the agency intends to take disciplinary
action.  Accordingly, the agency shall provide written notice of the facts
or conduct upon which the agency will rely to support its proposed action
and the applicant or licensee shall be given an opportunity for a hearing
in accordance
with the provisions of the Act concerning contested cases.  Any delinquency
in complying with a child support order can be remedied by arranging for
payment of past due and current support.  Any failure to comply with a
subpoena or warrant relating to a paternity or child support proceeding can be
remedied by complying with the subpoena or warrant.  Upon a final finding of
delinquency or failure to comply with a subpoena or warrant, the agency
shall suspend, revoke, or refuse to issue or renew the license.
In cases in which the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that
an applicant or a
licensee is more than 30 days delinquent in the
payment
of child support and has subsequently certified the delinquency to the
licensing agency,
and in cases in which a court has previously determined that an applicant or
licensee has
been in violation of the Non-Support Punishment Act
for more than 60 days,
the licensing agency shall refuse to issue or
renew or shall
revoke or suspend that person's license based solely upon the certification of
delinquency made
by
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the certification of violation made by the
court.  Further process, hearings, or
redetermination of the delinquency or violation by the
licensing agency shall not be required.   The licensing agency may issue or
renew a license if the licensee has arranged for payment of
past and current child support obligations in a manner satisfactory to
the
Department of Healthcare and Family Services (formerly Department of Public Aid) or the court.  The licensing agency may impose
conditions,
restrictions, or disciplinary action upon that license.
(d) Except as provided in subsection (c), no agency shall revoke,
suspend, annul, withdraw, amend
materially, or refuse to renew any valid license without first giving
written notice to the licensee of the facts or conduct upon which the
agency will rely to support its proposed action and an opportunity for
a hearing in accordance with the provisions of this Act concerning
contested cases.  At the hearing, the licensee shall have the right
to show compliance with all lawful requirements for the retention,
continuation, or renewal of the license.  If, however, the agency finds
that the public interest, safety, or welfare imperatively requires
emergency action, and if the agency incorporates a finding to that
effect in its order, summary suspension of a license may be ordered
pending proceedings for revocation or other action.  Those proceedings
shall be promptly instituted and determined.
(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances that
were not contained in an application for the existing license shall be
subject to the provisions of subsection (a).
(Source: P.A. 96-328, eff. 8-11-09; 97-400, eff. 1-1-12.)
(5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
Sec. 10-70. 
		Waiver. 
		Compliance with any or all of the provisions of
this Act concerning contested cases may be waived by written stipulation
of all parties.
(Source: P.A. 87-823.)
(5 ILCS 100/10-75)
Sec. 10-75. Service by email.
(a) The following requirements shall apply for consenting to accept service by email:
(1) At any time either before or after its issuance     of a hearing notice as described in Section 10-25, an agency may require any attorney representing a party to the hearing to provide one or more email addresses at which he or she shall accept service of documents described in Sections 10-25 and 10-50 in connection with the hearing.  A party represented by an attorney may provide the email address of the attorney.
(2) To the extent a person or entity is subject to     licensure, permitting, or regulation by the agency, or submits an application for licensure or permitting to the agency, that agency may require, as a condition of such application, licensure, permitting, or regulation, that such persons or entities consent to service by email of the documents described in Sections 10-25 and 10-50 for any hearings that may arise in connection with such application, licensure or regulation, provided that the agency: (i) requires that any person or entity providing such an email address update that email address if it is changed; and (ii) annually verifies that email address.
(3) At any time either before or after its issuance     of a hearing notice as described in Section 10-25, an agency may request, but not require, an unrepresented party that is not subject to paragraph (2) of this subsection (a) to consent to accept service by email of the documents described in Sections 10-25 and 10-50 by designating an email address at which they will accept service.
(4) Any person or entity who submits an email address     under this Section shall also be given the option to designate no more than two secondary email addresses at which the person or entity consents to accept service, provided that, if any secondary email address is designated, an agency must serve the documents to both the designated primary and secondary email addresses.
(b)  Notwithstanding any party's consent to accept service by email, no document described in Section 10-25 or 10-50 may be served by email to the extent the document contains:
(1) a Social Security or individual taxpayer     identification number;
(2) a driver's license number, except if such     document is issued by the Secretary of State;
(3) a financial account number;
(4) a debit or credit card number;
(5) any other information that could reasonably be     deemed personal, proprietary, confidential, or trade secret information; or
(6) any information about or concerning a minor.
(c) Service by email is deemed complete on the day of transmission. Agencies that use email to serve documents under Sections 10-25 and 10-50 shall adopt rules that specify the standard for confirming delivery, and in failure to confirm delivery, what steps the agency will take to ensure that service by email or other means is accomplished.
(d) This Section shall not apply with respect to any service of notice other than under this Act.
(Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19; 101-185, eff. 1-1-20.)