Chapter 5 — GENERAL PROVISIONS

(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20) Sec. 1-20. "Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, departm…

(5 ILCS 100/1-25) (from Ch. 127, par. 1001-25) Sec. 1-25. "Agency head" means an individual or group of individuals in whom the ultimate legal authority of an agency is vested by any provision of law. (Source: P.A. 87-823.)

(5 ILCS 100/1-30) (from Ch. 127, par. 1001-30) Sec. 1-30. "Contested case" means an adjudicatory proceeding (not including ratemaking, rulemaking, or quasi-legislative, informational, or similar proceedings) in which the individual legal rights, duties, or privileges of a party a…

(5 ILCS 100/1-35) (from Ch. 127, par. 1001-35) Sec. 1-35. "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes…

(5 ILCS 100/1-40) (from Ch. 127, par. 1001-40) Sec. 1-40. "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (Source: P.A. 87-823.)

(5 ILCS 100/1-45) (from Ch. 127, par. 1001-45) Sec. 1-45. "Municipality" has the meaning ascribed to it in Section 1-1-2 of the Illinois Municipal Code. (Source: P.A. 87-823.)

(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5) Sec. 1-5. Applicability. (a) This Act applies to every agency as defined in this Act. Beginning January 1, 1978, in case of conflict between the provisions of this Act and the Act creating or conferring power on an agency, this Act sha…

(5 ILCS 100/1-50) (from Ch. 127, par. 1001-50) Sec. 1-50. "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. (Source: P.A. 87-823.)

(5 ILCS 100/1-55) (from Ch. 127, par. 1001-55) Sec. 1-55. "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. (Source: P.A. 87-823.)

(5 ILCS 100/1-60) (from Ch. 127, par. 1001-60) Sec. 1-60. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (Source: P.A. 87-823.)

(5 ILCS 100/1-65) (from Ch. 127, par. 1001-65) Sec. 1-65. "Ratemaking" or "ratemaking activities" means the establishment or review of or other exercise of control over the rates or charges for the products or services of any person, firm, or corporation operating or transacting …

(5 ILCS 100/1-70) (from Ch. 127, par. 1001-70) Sec. 1-70. "Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and no…

(5 ILCS 100/1-75) (from Ch. 127, par. 1001-75) Sec. 1-75. "Small business" means a corporation or a concern, including its affiliates, that is independently owned and operated, not dominant in its field, and employs fewer than 50 full-time employees or has gross annual sales of l…

(5 ILCS 100/1-80) (from Ch. 127, par. 1001-80) Sec. 1-80. "Small municipality" means any municipality of 5,000 or fewer inhabitants and any municipality of more than 5,000 inhabitants that employs fewer than 50 persons full-time. For purposes of a specific rule, an agency may def…

(5 ILCS 100/1-85) (from Ch. 127, par. 1001-85) Sec. 1-85. "Not for profit corporation" means a corporation organized under the General Not For Profit Corporation Act of 1986 that is not dominant in its field and employs fewer than 50 full-time employees or has gross annual sales …

(5 ILCS 100/1-90) Sec. 1-90. Rulemaking. (a) "Rulemaking" means the process and required documentation for the adoption of Illinois Administrative Code text. (b) Required documentation. (1) At the time of original proposal, rulemaking documentation must consist of a notice page a…

(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 …

(5 ILCS 100/10-15) (from Ch. 127, par. 1010-15) Sec. 10-15. Standard of proof. Unless otherwise provided by law or stated in the agency's rules, the standard of proof in any contested case hearing conducted under this Act by an agency shall be the preponderance of the evidence. (…

(5 ILCS 100/10-20) (from Ch. 127, par. 1010-20) Sec. 10-20. Qualifications of administrative law judges. All agencies shall adopt rules concerning the minimum qualifications of administrative law judges for contested case hearings. The agency head or an attorney licensed to pract…

(5 ILCS 100/10-25) (from Ch. 127, par. 1010-25) 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 em…

(5 ILCS 100/10-25.1) Sec. 10-25.1. Language access services. (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 …

(5 ILCS 100/10-30) (from Ch. 127, par. 1010-30) Sec. 10-30. Disqualification of administrative law judge. (a) The agency head, one or more members of the agency head, or any other person meeting the qualifications set forth by rule under Section 10-20 may be the administrative la…

(5 ILCS 100/10-35) (from Ch. 127, par. 1010-35) Sec. 10-35. Record in contested cases. (a) The record in a contested case shall include the following: (1) All pleadings (including all notices and responses thereto), motions, and rulings. (2) All evidence received. (3) A statement…

(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40) Sec. 10-40. Rules of evidence; official notice. In contested cases: (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of…

(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45) Sec. 10-45. Proposal for decision. Except where otherwise expressly provided by law, when in a contested case a majority of the officials of the agency who are to render the final decision has not heard the case or read the record, …

(5 ILCS 100/10-5) (from Ch. 127, par. 1010-5) Sec. 10-5. Rules required for hearings. All agencies shall adopt rules establishing procedures for contested case hearings. (Source: P.A. 87-823.)

(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50) Sec. 10-50. Decisions and orders. (a) A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusi…

(5 ILCS 100/10-55) (from Ch. 127, par. 1010-55) Sec. 10-55. Expenses and attorney's fees. (a) In any contested case initiated by any agency that does not proceed to court for judicial review and on any issue where a court does not have jurisdiction to make an award of litigation …

(5 ILCS 100/10-60) (from Ch. 127, par. 1010-60) Sec. 10-60. Ex parte communications. (a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis, agency heads, agency employees, and administrative law judges shall n…

(5 ILCS 100/10-63) Sec. 10-63. Stay of contested case hearings; military. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor o…

(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) Sec. 10-65. Licenses. (a) When any licensing is required by law to be preceded by notice and an opportunity for a hearing, the provisions of this Act concerning contested cases shall apply. (b) When a licensee has made timely and su…

(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 access services…

(5 ILCS 100/10-75) Sec. 10-75. Service by email. (a) The following requirements shall apply for consenting to accept service by email: (1) At any time either before or after its issuance of a hearing notice as described in Section 10-25, an agency may require any attorney represe…

(5 ILCS 100/15-10) (from Ch. 127, par. 1015-10) Sec. 15-10. Effective date. This Act takes effect upon becoming law. (Source: P.A. 87-823.)

(5 ILCS 100/15-5) (from Ch. 127, par. 1015-5) Sec. 15-5. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can b…

(5 ILCS 100/5-10) (from Ch. 127, par. 1005-10) Sec. 5-10. Adoption and availability of rules. (a) In addition to other rulemaking requirements imposed by law, each agency shall (i) adopt rules of practice setting forth the nature and requirements of all formal hearings and (ii) m…

(5 ILCS 100/5-100) (from Ch. 127, par. 1005-100) Sec. 5-100. Powers of the Joint Committee. The Joint Committee shall have the following powers under this Act: (a) The function of the Joint Committee shall be the promotion of adequate and proper rules by agencies and an understan…

(5 ILCS 100/5-105) (from Ch. 127, par. 1005-105) Sec. 5-105. Responsibilities of the Joint Committee. The Joint Committee shall have the following responsibilities under this Act: (a) The Joint Committee shall conduct a systematic and continuing study of the rules and rulemaking …

(5 ILCS 100/5-110) (from Ch. 127, par. 1005-110) Sec. 5-110. Responsibilities of the Joint Committee with respect to proposed rules, amendments, or repealers. (a) The Joint Committee shall examine any proposed rule, amendment to a rule, and repeal of a rule to determine whether t…

(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115) Sec. 5-115. Other action by the Joint Committee. (a) If the Joint Committee determines that the adoption and effectiveness of a proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer by an agenc…

(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120) Sec. 5-120. Responsibilities of the Joint Committee with respect to emergency, peremptory, and other existing rules. (a) The Joint Committee may examine any rule to determine whether the rule is within the statutory authority upon …

(5 ILCS 100/5-125) (from Ch. 127, par. 1005-125) Sec. 5-125. Other Joint Committee action with respect to emergency or peremptory rulemaking. (a) If the Joint Committee determines that a rule or portion of a rule adopted under Section 5-45 or 5-50 is objectionable under any of th…

(5 ILCS 100/5-130) (from Ch. 127, par. 1005-130) Sec. 5-130. Periodic review of existing rules. (a) The Joint Committee shall evaluate the rules of each agency at least once every 5 years. The Joint Committee by rule shall develop a schedule for this periodic evaluation. In devel…

(5 ILCS 100/5-135) (from Ch. 127, par. 1005-135) Sec. 5-135. Administration of Act. The Joint Committee may adopt rules to administer the provisions of this Act relating to the Joint Committee's responsibilities, powers, and duties under this Article 5. (Source: P.A. 87-823.)

(5 ILCS 100/5-140) (from Ch. 127, par. 1005-140) Sec. 5-140. Reports to the General Assembly. The Joint Committee shall report its findings, conclusions, and recommendations, including suggested legislation, to the General Assembly by February 1 of each year. The requirement for …

(5 ILCS 100/5-145) (from Ch. 127, par. 1005-145) Sec. 5-145. Request for adoption of rules. (a) An agency shall, in accordance with Section 5-35, adopt rules that implement recently enacted legislation of the General Assembly in a timely and expeditious manner. (b) Any interested…

(5 ILCS 100/5-146) Sec. 5-146. Rule change; intellectual disability. Any State agency with a rule that contains a reference to a mentally retarded person or similar reference shall amend the text of the rule to contain a reference to a person with an intellectual disability. Any …

(5 ILCS 100/5-147) Sec. 5-147. Rule change; physical disability. Any State agency with a rule that contains a reference to a crippled person or similar reference shall amend the text of the rule to contain a reference to a person with a physical disability. Any State agency with …

(5 ILCS 100/5-148) Sec. 5-148. Rule change; persons with a disability. Any State agency with a rule that contains the term "the physically handicapped" or "the handicapped" or "handicapped persons" or "handicapped individuals" or "handicapping condition" shall amend the text of t…

(5 ILCS 100/5-15) (from Ch. 127, par. 1005-15) Sec. 5-15. Required rules. (a) Each agency shall maintain as rules the following: (1) (Blank). (2) The current procedures by which the public can obtain information or make submissions or requests on subjects, programs, and activitie…