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Illinois Administrative Procedure Act

Illinois · General Provisions · §§ 5-100-1-1 to 5-100-1-90 · 19 sections

Overview

The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 5 ILCS 100/1-1Short title
  • 5 ILCS 100/1-10Definitions
  • 5 ILCS 100/1-15"Administrative law judge" means the presiding officer or officers at the initial hearing before each agency and each continuation of that hearing
  • 5 ILCS 100/1-20General Provisions › 5 ILCS 100 — Illinois Administrative Procedure Act › Article 1 — Title and General Provisions
  • 5 ILCS 100/1-25"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
  • 5 ILCS 100/1-30General Provisions › 5 ILCS 100 — Illinois Administrative Procedure Act › Article 1 — Title and General Provisions
  • 5 ILCS 100/1-35"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"Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license
  • 5 ILCS 100/1-45"Municipality" has the meaning ascribed to it in Section 1-1-2 of the Illinois Municipal Code
  • 5 ILCS 100/1-5Applicability
  • 5 ILCS 100/1-50"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
  • 5 ILCS 100/1-55"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
  • 5 ILCS 100/1-60"Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency
  • 5 ILCS 100/1-65"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 any business in this State
  • 5 ILCS 100/1-70General Provisions › 5 ILCS 100 — Illinois Administrative Procedure Act › Article 1 — Title and General Provisions
  • 5 ILCS 100/1-75"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 less than $4,000,000
  • 5 ILCS 100/1-80"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
  • 5 ILCS 100/1-85"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 of less than $4,000,000
  • 5 ILCS 100/1-90Rulemaking

Enacted in other states

Alaska, Alabama, Arkansas, California, Colorado, Florida, Hawaii, Iowa, Idaho, Louisiana, Maine, Minnesota, Montana, Nebraska, New Jersey, Nevada, Texas, Vermont, Wyoming

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