Administrative Procedure Act – Illinois
The Illinois Administrative Procedure Act (“Act”) is found in Chapter 5, Article 1, 5, 10 and 15 (5 ILCS 100/1-1 – 5 ILCS 100/15-10) of the Illinois Compiled Statutes Annotated. According to the Act, the presiding officer or officers at the initial hearing before each agency and each continuation of that hearing is known as the administrative law judge (“ALJ”). The ALJ also includes hearing examiners, hearing officers, referees, and arbitrators. The Act also provides for agency head who is an individual or group of individuals with whom the legal authority of an agency is vested with as per any provision of law.
The agencies must adopt their entire rules in accordance with the rule-making procedures under this Act. According to 5 ILCS 100/5-10, all agencies must adopt rules of practice setting forth the necessities of all formal hearings and make available for public inspection all rules adopted by the agency in the discharge of its functions. Further according to 5 ILCS 100/5-10, an agency must maintain the rules of the following:
- Current description of the agency’s organization and rule making procedures with charts;
- Procedures by which public can obtain information and make submissions;
- Table of contents and references which helps people to find current rules in force;
According to 5 ILCS 100/5-40, each agency must give at least 45 days’ notice of its intended action to the general public. The first notice period will start on the first day the notice appear on the Illinois register. The notice will contain the text of the proposed rules, specific statutory citation on which the proposed rule is based and authorized, complete details of the subjects and issues involved, time, place and manner which the interested persons can submit their views and comments on the proposed rule.
Further, according to 5 ILCS 100/5-45, administrative agency can resort to emergency rule-making if there is a situation which constitutes a threat to public health, safety and welfare. Emergency rule can be adopted by giving a notice to the secretary of state and which contains the text of the emergency rule. This notice must be published in the Illinois register.
5 ILCS 100/5-50 provides for peremptory rule making. According to this section ‘peremptory rule-making’ means rule-making required as a result of federal law, federal rules and regulations, an order of the court or collective bargaining agreement.
5 ILCS 100/5-90 provides for the establishment of Joint Committee on Administrative Rules (“joint committee”). The joint committee is established as a legislative support services agency subject to the Legislative Commission Reorganization Act of 1984. The joint committee undertakes studies and investigations concerning rule-making. It will conduct a systematic and continuing study of the rules and rulemaking process of all state agencies and will review the statutory authority on which an administrative rule is based. It will also evaluate the rules of every agency at least once in every five years.
According to 5 ILCS 100/5-145, any interested person can request the administrative agency to adopt, amend or repeal a rule. The agency will take an action within 30 days after receiving the request. If the agency has not initiated rule-making within these 30 days then the request is deemed to be denied.
5 ILCS 100/10-15 provides that the standard of proof in every contested case hearing conducted by an agency under this Act will be the preponderance of the evidence. Further according to 5 ILCS 100/10-25, all parties to a contested case must be provided with reasonable notice and opportunity for hearing. The notice must be served personally or by registered or certified mail or through any method prescribed by law. The notice must prescribe the following:
- Statement of time, place and nature of hearing;
- Statement of legal authority and jurisdiction under which the hearing will be held;
- Reference to sections of substantive and procedural statutes and rules involved.
According to 5 ILCS 100/10-35, records in contested case must include the following:
- All pleadings, motions and rulings including their notices and responses;
- All staff memoranda or data submitted to the administrative law judge or members of the agency in connection with the consideration of the concerned case;
- Any decision, opinion, or report by the administrative law judge;
- Any prohibited communications;
- All evidence received;
- Any offers of proof, objections, and rulings thereon;
- Any proposed findings and exceptions;
- A statement of matters officially noticed;
According to 5 ILCS 100/10-40, rules of evidence applied in civil cases in the circuit courts of Illinois is applicable to this Act. All irrelevant and immaterial evidence will be excluded. If full and fair disclosure of facts is required, a party can conduct cross-examination.
According to 5 ILCS 100/10-50, all administrative orders must state that if it is final and subject o administrative review law. If a final order is against a party then it must be in writing or stated in the record. The final order or decision must contain findings of fact and conclusions of law, separately stated.
5 ILCS 100/10-65 provides that an agency cannot revoke, suspend, amend or refuse to renew a license of a continuing nature, if the licensee has made sufficient and timely application for renewal.
Furthermore, according to 5 ILCS 100/15-5, if the application of any provision of this Act to any person or circumstance is invalid, it does not mean that other provisions are also invalid. Other provisions are not affected by the invalidity and can be given effect. Therefore, the provisions of this Act are severable.