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IL HB2839
Bill
Status
2/14/2019
Primary Sponsor
Jennifer Gong-Gershowitz
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AI Summary
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Adds Section 3-101.5 to the Code of Civil Procedure establishing a right to judicial review of final administrative decisions for persons suffering legal wrong or adversely affected by those decisions.
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Restricts judicial review eligibility to persons who either did not have a prior public hearing opportunity or presented their position at such a hearing; those who failed to present their position at a prior public hearing are not entitled to relief.
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Permits courts to accept new or additional evidence solely for demonstrating legal wrong or adverse effects resulting from the final administrative decision.
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Limits the right to judicial review to final administrative permitting decisions by the Department of Agriculture, Environmental Protection Agency, Department of Natural Resources, Department of Public Health, or Department of Transportation that impact public trust in state waters and lands, state parks, endangered species, water/air quality, or the right to a healthful environment under the Illinois Constitution.
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Amends Section 3-110 to allow new evidence in judicial review cases as provided in Section 3-101.5, creating an exception to the general prohibition on new evidence in administrative review actions.
Legislative Description
CIV PRO-ADMINISTRATIVE REVIEW
Last Action
Added Co-Sponsor Rep. Jonathan "Yoni" Pizer
5/21/2020