(Barickman, R-Bloomington) provides a means for correcting inadvertent failures to correctly name necessary parties in actions for administrative review, which are called misnomers.
(1) It amends the Administrative Procedure Act (APA) to mandate that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the rules citation.
(2) It amends the ARL to prohibit an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency.
(3) It amends the ARL to allow a court to correct misnomers for an erroneous identification of the administrative agency.
Senate Bill 584 passed out of Senate Judiciary Committee yesterday but will receive some tweaking amendments.