Illinois 99th Regular Session Status: In Committee

HB 4372 — ADMIN REVIEW-NOTICE; PARTIES

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 99th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Administrative Procedure Act. Provides that every final order under the Act 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. Provides that every final order shall also state whether the rules of the agency require any motion or request for reconsideration to make the decision reviewable under the Administrative Review Law and shall cite the rule for such requirement. Amends the Administrative Review Law of the Code of Civil Procedure. Provides that the Administrative Review Law shall be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions. Provides that service that is delivered to the official mailing address of the agency, board, or commission shall be deemed as proper service upon the agency, board, or commission even if the agency, board, or commission, or head of the agency, board, or commission, is misnamed. Makes corresponding changes. Provides that the changes apply to all actions filed under the Administrative Review Law on and after the effective date. Effective immediately.

Bill Text

What changed in the latest version

319 added · 383 removed

Plain-language change summary

The recent amendment to HB 4372 adds specific requirements for notices in contested cases, ensuring that all parties receive comprehensive information about hearings, including the hearing's time, legal basis, and contact details for relevant individuals. It also emphasizes the need for clarity on consequences for not responding and provides a streamlined way for communication via electronic methods if agreed upon. These changes matter because they promote transparency and fairness in administrative hearings, helping all parties understand their rights and responsibilities better.

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*LRB09913225HEP37128b* HB4372 99TH GENERAL ASSEMBLY State of Illinois and 2016 HB4372 by Rep.
HB4372 Engrossed LRB099 13225 HEP 37128 b AN ACT concerning civil law.
Steven Andersson SYNOPSIS AS INTRODUCED:
ILCS 100/10-50 from Ch.
127, par.
1010-50 ILCS 5/3-102 from Ch.
110, par.
3-102 ILCS 5/3-105 from Ch.
110, par.
3-105 ILCS 5/3-107 from Ch.
110, par.
3-107 ILCS 5/3-111 from Ch.
110, par.
3-111 Amends the Illinois Administrative Procedure Act.
Provides that every final order under the Act 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.
Provides that every final order shall also state whether the rules of the agency require any motion or request for reconsideration to make the decision reviewable under the Administrative Review Law and shall cite the rule for such requirement.
Amends the Administrative Review Law of the Code of Civil Procedure.
Provides that the Administrative Review Law shall be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions.
Provides that service that is delivered to the official mailing address of the agency, board, or commission shall be deemed as proper service upon the agency, board, or commission even if the agency, board, or commission, or head of the agency, board, or commission, is misnamed.
Makes corresponding changes.
Provides that the changes apply to all actions filed under the Administrative Review Law on and after the effective date.
Effective immediately.
LRB099 13225 HEP 37128 b A BILL FOR HB4372 LRB099 13225 HEP 37128 b AN ACT concerning civil law.
The Illinois Administrative Procedure Act is amended by changing Section 10-50 as follows:
The Illinois Administrative Procedure Act is amended by changing Sections 10-25 and 10-50 as follows:
(5 ILCS 100/10-50) (from Ch.
(5 ILCS 100/10-25) (from Ch.
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 or by certified or registered mail or by electronic mail if agreed to by the parties 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, HB4372 Engrossed - 2 - LRB099 13225 HEP 37128 b and the official file or other reference number.
(5) The names and mailing addresses of the administrative law judge, all 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.
Show all 84 changed rows (44 more)
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87-823.) (5 ILCS 100/10-50) (from Ch.
127, par.
Parties or their agents appointed to receive service of process shall be notified either personally or by registered or certified mail of any decision or order.
Parties or their agents appointed to receive service of process shall be notified either personally or by registered or certified mail HB4372 Engrossed - 3 - LRB099 13225 HEP 37128 b of any decision or order.
Every final order HB4372 - 2 - LRB099 13225 HEP 37128 b 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 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.
6-28-01.) Section 10.
6-28-01.) HB4372 Engrossed - 4 - LRB099 13225 HEP 37128 b Section 10.
The Code of Civil Procedure is amended by changing Sections 3-102, 3-105, 3-107, and 3-111 as follows:
The Code of Civil Procedure is amended by changing Sections 3-102, 3-107, and 3-111 as follows:
3-102) HB4372 - 3 - LRB099 13225 HEP 37128 b Sec.
3-102) Sec.
In an action to review any final decision of any administrative agency brought under Article III, if a judgment is reversed or entered against the plaintiff, or the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, or the action is dismissed by a United States District Court for lack of jurisdiction, neither the plaintiff nor his or her heirs, executors, or administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater.
In an action to review any final decision of any administrative agency brought under Article III, if a judgment is reversed or entered against the plaintiff, or the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, or the action is dismissed by a United States District Court for lack of jurisdiction, neither the plaintiff nor his or her heirs, executors, or HB4372 Engrossed - 5 - LRB099 13225 HEP 37128 b administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater.
Such HB4372 - 4 - LRB099 13225 HEP 37128 b Order shall cause the final administrative decision of any administrative agency to become immediately enforceable.
Such Order shall cause the final administrative decision of any administrative agency to become immediately enforceable.
88-1.) (735 ILCS 5/3-105) (from Ch.
88-1.) (735 ILCS 5/3-107) (from Ch.
3-105) Sec.
3-105.
Service of summons.
Summons issued in any action to review the final administrative decision of any administrative agency shall be served by registered or certified mail on the administrative agency and on each of the other defendants except in the case of a review of a final administrative decision of the regional board of school trustees, regional superintendent of schools, or State HB4372 - 5 - LRB099 13225 HEP 37128 b Superintendent of Education, as the case may be, when a committee of 10 has been designated as provided in Section 7-6 of the School Code, and in such case only the administrative agency involved and each of the committee of 10 shall be served.
The method of service shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, summons shall be deemed to have been served either when a copy of the summons is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business.
The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of jurisdiction based upon the failure to serve summons on an employee, agent, or member of an administrative agency, board, committee, or government entity, acting in his or her official capacity, where the administrative agency, board, committee, or government entity has been served as provided in this Section.
Service that is delivered to the official mailing address of the agency, board, or commission shall be deemed as proper service upon the agency, board, or commission even if the agency, board, or commission or the head of the agency, board, or commission, is misnamed.
Service on the director or agency head, in his or her official capacity, shall be deemed HB4372 - 6 - LRB099 13225 HEP 37128 b service on the administrative agency, board, committee, or government entity.
No action for administrative review shall be dismissed for lack of jurisdiction based upon the failure to serve summons on an administrative agency, board, committee, or government entity, acting, where the director or agency head, in his or her official capacity, has been served as provided in this Section.
Service on the administrative agency shall be made by the clerk of the court by sending a copy of the summons addressed to the agency at its main office in the State.
The clerk of the court shall also mail a copy of the summons to each of the other defendants, addressed to the last known place of residence or principal place of business of each such defendant.
The plaintiff shall, by affidavit filed with the complaint, designate the last known address of each defendant upon whom service shall be made.
The certificate of the clerk of the court that he or she has served such summons in pursuance of this Section shall be evidence that he or she has done so.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly.
The changes made by this amendatory Act of the 99th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 99th General Assembly.
(Source:
P.A.
95-831, eff.
8-14-08.) HB4372 - 7 - LRB099 13225 HEP 37128 b (735 ILCS 5/3-107) (from Ch.
110, par.
(a) Except as provided in subsection (b) or (c), in any action to review any final decision of an administrative agency, the administrative agency and all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency shall be made defendants.
(a) Except as provided in subsection (b) or (c), in any HB4372 Engrossed - 6 - LRB099 13225 HEP 37128 b action to review any final decision of an administrative agency, the administrative agency and all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency shall be made defendants.
(1) based upon the misnomer of an agency, board, or commission, party who receives actual notice of the action within the applicable time limits;
(1) based upon the misnomer of an agency, board, commission, or party who is properly served with summons that was issued in the action within the applicable time limits;
or (2) for a the failure to name an employee, agent, or member, who acted in his or her official capacity, of an administrative agency, board, committee, or government entity, where a timely action for administrative review has been filed that identifies the final HB4372 - 8 - LRB099 13225 HEP 37128 b administrative decision under review and that makes a good faith effort to name the administrative agency the administrative agency, board, committee, or government entity, has been named as a defendant as provided in this Section.
or (2) for a the failure to name an employee, agent, or member, who acted in his or her official capacity, of an administrative agency, board, committee, or government entity, where a timely action for administrative review has been filed that identifies the final administrative decision under review and that makes a good faith effort to properly name the administrative agency the administrative agency, board, committee, or government entity, has been named as a defendant HB4372 Engrossed - 7 - LRB099 13225 HEP 37128 b as provided in this Section.
(b) With respect to actions to review decisions of a zoning board of appeals in a municipality with a population of 500,000 or more inhabitants under Division 13 of Article 11 of the Illinois Municipal Code, "parties of record" means only the HB4372 - 9 - LRB099 13225 HEP 37128 b zoning board of appeals and applicants before the zoning board of appeals.
(b) With respect to actions to review decisions of a zoning board of appeals in a municipality with a population of 500,000 or more inhabitants under Division 13 of Article 11 of the Illinois Municipal Code, "parties of record" means only the zoning board of appeals and applicants before the zoning board of appeals.
The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed from.
The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared HB4372 Engrossed - 8 - LRB099 13225 HEP 37128 b before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed from.
The notice HB4372 - 10 - LRB099 13225 HEP 37128 b shall be mailed within 2 days of the filing of the action.
The notice shall be mailed within 2 days of the filing of the action.
The notice shall state the caption of the action, the court in which the action is filed, and the name of the plaintiff in the action and the applicant to the hearing officer or the zoning board of appeals.
The notice shall state the caption of the action, the court in which the action is filed, and the name of the plaintiff in the HB4372 Engrossed - 9 - LRB099 13225 HEP 37128 b action and the applicant to the hearing officer or the zoning board of appeals.
HB4372 - 11 - LRB099 13225 HEP 37128 b (1) with or without requiring bond (except if otherwise provided in the particular statute under authority of which the administrative decision was entered), and before or after answer filed, upon notice to the agency and good cause shown, to stay the decision of the administrative agency in whole or in part pending the final disposition of the case.
(1) with or without requiring bond (except if otherwise provided in the particular statute under authority of which the administrative decision was entered), and before or HB4372 Engrossed - 10 - LRB099 13225 HEP 37128 b after answer filed, upon notice to the agency and good cause shown, to stay the decision of the administrative agency in whole or in part pending the final disposition of the case.
(6) where a hearing has been held by the agency, to reverse and remand the decision in whole or in part, and, in that case, to state the questions requiring further hearing or proceedings and to give such other instructions HB4372 - 12 - LRB099 13225 HEP 37128 b as may be proper;
(6) where a hearing has been held by the agency, to reverse and remand the decision in whole or in part, and, in that case, to state the questions requiring further hearing or proceedings and to give such other instructions as may be proper;
(7) where a hearing has been held by the agency, to remand for the purpose of taking additional evidence when from the state of the record of the administrative agency or otherwise it shall appear that such action is just.
(7) where a hearing has been held by the agency, to remand for the purpose of taking additional evidence when HB4372 Engrossed - 11 - LRB099 13225 HEP 37128 b from the state of the record of the administrative agency or otherwise it shall appear that such action is just.
(9) when the particular statute under authority of which the administrative decision was entered requires the plaintiff to file a satisfactory bond and provides for the dismissal of the action for the plaintiff's failure to comply with this requirement unless the court is authorized by the particular statute to enter, and does enter, an order imposing a lien upon the plaintiff's property, to take such proofs and to enter such orders as may be HB4372 - 13 - LRB099 13225 HEP 37128 b appropriate to carry out the provisions of the particular statute.
(9) when the particular statute under authority of which the administrative decision was entered requires the plaintiff to file a satisfactory bond and provides for the dismissal of the action for the plaintiff's failure to comply with this requirement unless the court is authorized by the particular statute to enter, and does enter, an order imposing a lien upon the plaintiff's property, to take such proofs and to enter such orders as may be appropriate to carry out the provisions of the particular statute.
However, the court shall not approve the bond, nor enter an order for the lien, in any amount which is less than that prescribed by the particular statute under authority of which the administrative decision was entered if the statute provides what the minimum amount of the bond or lien shall be or provides how said minimum amount shall be determined.
However, the court shall not approve the bond, nor enter an order for the lien, in any amount which is less HB4372 Engrossed - 12 - LRB099 13225 HEP 37128 b than that prescribed by the particular statute under authority of which the administrative decision was entered if the statute provides what the minimum amount of the bond or lien shall be or provides how said minimum amount shall be determined.
HB4372 - 14 - LRB099 13225 HEP 37128 b (d) The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly.
(d) The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th HB4372 Engrossed - 13 - LRB099 13225 HEP 37128 b General Assembly.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Placed on Calendar Order of 3rd Reading - Short Debate

  4. House Floor Amendment No. 2 Adopted

  5. Second Reading - Short Debate

  6. House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 010-000-000

  7. House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee

  8. House Floor Amendment No. 2 Referred to Rules Committee

  9. House Floor Amendment No. 2 Filed with Clerk by Rep. Steven A. Andersson

  10. Added Chief Co-Sponsor Rep. Dwight Kay

  11. Placed on Calendar 2nd Reading - Short Debate

  12. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  13. Do Pass / Short Debate Judiciary - Civil Committee; 007-002-000

  14. House Committee Amendment No. 1 Referred to Rules Committee

  15. House Committee Amendment No. 1 Filed with Clerk by Rep. Steven A. Andersson

  16. Assigned to Judiciary - Civil Committee

  17. Referred to Rules Committee

  18. First Reading

  19. Filed with the Clerk by Rep. Steven A. Andersson

Sponsors

  • Steven A. Andersson · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Steven A. Andersson

Not signed on (182)

182 members have not signed on to this bill.

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Frequently asked questions

What does HB 4372 do?
Amends the Illinois Administrative Procedure Act. Provides that every final order under the Act 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. Provides that every final order shall also state whether the rules of the agency require any motion or request for reconsideration to make the decision reviewable under the Administrative Review Law and shall cite the rule for such requirement. Amends the Administrative Review Law of the Code of Civil Procedure. Provides that the Administrative Review Law shall be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions. Provides that service that is delivered to the official mailing address of the agency, board, or commission shall be deemed as proper service upon the agency, board, or commission even if the agency, board, or commission, or head of the agency, board, or commission, is misnamed. Makes corresponding changes. Provides that the changes apply to all actions filed under the Administrative Review Law on and after the effective date. Effective immediately.
Who sponsors HB 4372?
HB 4372 is sponsored by Steven A. Andersson.
What is the current status of HB 4372?
This bill died with 99th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4372?
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