HB 5172

Abstract

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. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references to person in need of interpretive assistance to references to limited English proficient person. In a provision regarding rules establishing procedures for administrative hearings, provides that rules may include procedures for requesting and receiving language access services (rather than language assistance). Provides that notice for a hearing shall include an enclosure written in several specified languages which notifies the recipient of the ability for a party or their agent to request interpretive assistance to participate in or understand the hearing and to receive language access services for translating the contents of the notice (rather than 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). Defines "language access services" and "limited English proficient person". Removes a provision that any self-represented litigant, witness, or indigent person has the right to request interpretive assistance. Provides that a self-represented litigant, a witness, or a litigant who is an 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. Provides that an administrative law judge shall inquire if an individual is in need of interpretive assistance to participate in or understand the hearing if the judge reasonably believes the person is a limited English proficient person (rather than 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). Effective July 1, 2025. House Committee Amendment No. 2 In provisions regarding contested cases, notice requirements, and administrative hearings, provides that language access services and interpretive assistance shall be, at a minimum, in accordance with the Illinois Administrative Procedure Act, and as otherwise provided for in any law or rule governing an agency's contested hearings.