Bill Text: IL HB5172 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through 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 nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-04-26 - House Committee Amendment No. 1 Referred to Rules Committee [HB5172 Detail]

Download: Illinois-2023-HB5172-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5172 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
5 ILCS 100/10-10 from Ch. 127, par. 1010-10
5 ILCS 100/10-25 from Ch. 127, par. 1010-25
5 ILCS 100/10-25.1 new
5 ILCS 100/10-70 from Ch. 127, par. 1010-70
Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through 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 nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.
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A BILL FOR
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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 assistance, 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)

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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

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Vietnamese, which notifies the recipient of the ability to
request interpretive assistance for the hearing and to
receive language assistance in 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.
(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 assistance.
(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

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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 assistance" means a written translation from a
translator or a sight translation or interpretive assistance
from a foreign language interpreter.
"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.

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"Written translation" means a conversion of written text
from one language into written text in another language.
(b) An administrative law judge has the duty to inquire
and determine if a self-represented litigant or witness in a
hearing needs 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 administrative law judge shall examine each individual
believed to be in need of interpretive assistance, and the
conclusion of the administrative law judge regarding the need
for interpretive assistance must be stated in the record.
(c) Any self-represented litigant, witness, or 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. An agency may adopt rules for
determining whether a person is an indigent person.
(d) If interpretive assistance is requested by a
self-represented litigant, a witness, or 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

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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.
(e) 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.
(f) All persons appointed to provide interpretive
assistance in substantive and nonsubstantive hearings must
swear or affirm that they:
(1) will make a true interpretation in an
understandable manner to the person for whom the
interpreter has been appointed;
(2) will repeat the statements of the person in need
of interpretive assistance, in the English language, to
the best of the interpreter's ability;

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(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.
(g) If an appointed interpreter is not accurately
interpreting communications, the party or witness in need of
interpretive assistance, 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.
(h) Nothing in this Section precludes an agency from
providing language assistance to a person that is not
self-represented or indigent or from establishing rules for
those persons to request and receive language assistance,
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
assistance 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

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