Administrative Hearing Request Packet - Illinois

ILLINOIS ADMINISTRATIVE HEARING REQUEST CONTROL PACKET

Purpose and Use Limit

This packet helps counsel convert an Illinois agency notice and the governing program law into a hearing request. It is not a universal petition and does not create a hearing right.

Under 5 ILCS 100/1-30, a matter is a contested case only when another source of law requires the agency to determine a party's rights, duties, or privileges after an opportunity for a hearing. Complete the route-control worksheet before using the request form.

Do not infer any deadline, recipient, filing method, service method, fee, stay standard, discovery right, or review route from this packet. Enter each item from the current adverse notice, agency-specific statute, agency rule, or controlling order.

1. Matter Identification

Attach a complete copy of the notice, including every page, enclosure, mailing cover, and electronic-transmission record.

2. Hearing-Right and Route Control

A. Independent Source of the Hearing Right

If no current authority requires an opportunity for a hearing, stop and identify the correct reconsideration, informal review, declaratory, or judicial route before filing.

B. Agency Rules of Practice

5 ILCS 100/5-10(a) requires each agency to adopt publicly available rules of practice describing the nature and requirements of formal hearings. Record the current agency rules rather than relying on generic IAPA labels.

C. Deadline Control

Do not substitute a deadline from a different Illinois agency or program.

D. Recipient, Filing, and Service Control

3. Hearing Request Cover Letter

[__/__/____]

[REQUIRED RECIPIENT NAME OR TITLE]

[AGENCY AND DIVISION]

[FILING ADDRESS]

Re: Hearing Request — [PARTY] — [AGENCY NUMBER]

Dear [________________________________]:

Enclosed is [REQUESTING PARTY]'s request for a hearing concerning [IDENTIFY THE NOTICE OR ACTION], dated [__/__/____] and received on [__/__/____].

The agency-specific authority for this request is [STATUTE/RULE AND SUBSECTION]. That authority requires filing by [DEADLINE] with [RECIPIENT] using [AUTHORIZED METHOD]. This submission is made by that method on [__/__/____].

Please send docketing and scheduling communications to:

[NAME]

[ADDRESS]

[EMAIL]

[TELEPHONE]

Enclosures: [________________________________]

Respectfully submitted,

________________________________________

[NAME AND CAPACITY]

4. Request for Administrative Hearing

BEFORE [AGENCY / AUTHORIZED HEARING BODY]

Agency No.: [________________________________]

REQUEST FOR HEARING

1. [REQUESTING PARTY] is [identify the person or entity and interest affected].

2. On [__/__/____], [AGENCY] issued [identify the notice, determination, order, denial, suspension, assessment, or other action]. A complete copy is attached as Exhibit [____].

3. The action was received on [__/__/____] by [method].

4. [CITE THE ENABLING STATUTE OR PROGRAM RULE] provides the applicable right to request a hearing concerning this action.

5. [CITE THE DEADLINE PROVISION] requires the request to be filed by [__/__/____]. This request is filed on [__/__/____] by [authorized method].

6. The issues to be heard are:

a. [________________________________]

b. [________________________________]

c. [________________________________]

7. The requesting party disputes the action because:

a. [Identify the factual dispute and supporting record]

b. [Identify the legal or rule-based dispute]

c. [Identify the requested correction or relief authorized by the program law]

8. The requesting party asks the agency to docket the matter and provide the procedure required by [AGENCY-SPECIFIC AUTHORITY].

9. Requested accommodations or language services are stated in the attached request, if any.

10. Any request for interim relief is omitted unless a separate, current agency-specific source authorizes it and counsel attaches a separately verified motion.

Date: [__/__/____]

________________________________________

[REQUESTING PARTY OR COUNSEL]

[ADDRESS]

[EMAIL]

[TELEPHONE]

[ARDC NUMBER, IF APPLICABLE]

5. Optional Language-Access Request

5 ILCS 100/10-25.1(c) requires a no-cost foreign-language interpreter for a substantive hearing when interpretive assistance is requested by a self-represented litigant, a witness, or an indigent litigant, or when the administrative law judge determines assistance is necessary.

Person needing assistance: [________________________________]

Role: ☐ Self-represented litigant ☐ Witness ☐ Indigent litigant ☐ Other basis under agency rule: [________________________________]

Primary language: [________________________________]

Requested service: ☐ In-person interpreter ☐ Remote interpreter ☐ Other: [________________________________]

Hearing date, if known: [__/__/____]

Agency case number: [________________________________]

I request interpretive assistance for the substantive hearing and related communications as provided by current law and applicable agency rules.

Date: [__/__/____]

________________________________________

[SIGNATURE]

6. Certificate of Filing and Service

Use this certificate only after confirming that the selected methods and recipients comply with the governing notice and agency rules.

I certify that on [__/__/____] at [____], I filed the foregoing request with [REQUIRED RECIPIENT] by [AUTHORIZED METHOD] and served the following required persons by the methods shown:

________________________________________

[SIGNATURE]

7. Post-Filing Control Sheet

Under 5 ILCS 100/10-50(b), an agency order must say whether it is final and subject to the Administrative Review Law, and a final order must state whether agency rules require reconsideration and cite the governing rule. Use the actual final order and program law to determine the next route; this packet states no universal judicial-review deadline or venue.

8. Final Quality-Control Checklist

☐ Complete adverse notice attached

☐ Independent hearing-right authority quoted and current

☐ Agency procedural rules and required form checked

☐ Deadline independently calculated and reviewed

☐ Correct recipient and filing method confirmed

☐ Required parties and service methods confirmed

☐ Requested relief is within the agency's authority

☐ No generic stay, discovery, fee, or review rule imported

☐ Confidential information handled under the agency's current rules

☐ Filing and service proof retained

☐ Calendar updated from the filed request and later agency orders

☐ Illinois counsel completed final legal review

Sources and References

• Illinois Administrative Procedure Act — full text
• Illinois Administrative Procedure Act — Article 10

This packet is a drafting and route-control aid. The adverse notice, program law, current agency rules, and controlling orders determine whether and how a hearing may be requested.