Administrative Hearing Request Packet - Illinois

ADMINISTRATIVE HEARING REQUEST PACKET — ILLINOIS

Comprehensive Hearing Request, Cover Letter, and Practice Guide

Pursuant to the Illinois Administrative Procedure Act (5 ILCS 100)

TABLE OF CONTENTS

1. Filing Overview and Preliminary Information
2. Hearing Request Cover Letter
3. Formal Request for Administrative Hearing
4. Statement of Issues / Grounds for Hearing
5. Agency Identification and Forum Determination
6. Filing Instructions
7. Deadlines and Timeline
8. Discovery and Evidence Rules in Administrative Proceedings
9. Pre-Hearing Conference Procedures
10. Hearing Procedures and Rules of Evidence
11. Post-Hearing Briefs and Procedures
12. Appeal Rights from Administrative Decision
13. Stay of Agency Action
14. Document Checklist
15. Practice Tips for Illinois Administrative Hearings
16. Sources and References

1. FILING OVERVIEW AND PRELIMINARY INFORMATION

Petitioner / Requester Information:

Agency Action Being Challenged:

Hearing Request Summary:

2. HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[Agency Hearing Office / Division]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP]

RE: Request for Administrative Hearing
Petitioner: [________________________________]
Agency Docket/Reference No.: [________________________________]
Agency Action Dated: [__/__/____]

Dear [Hearing Officer / Administrative Law Judge / Agency Secretary]:

Pursuant to the Illinois Administrative Procedure Act, 5 ILCS 100/10-25, and applicable agency regulations, the undersigned hereby requests a formal administrative hearing to contest the [type of agency action — e.g., denial, revocation, suspension, penalty assessment, order] issued by [Agency Name] on [__/__/____].

Nature of the Dispute:
The Petitioner challenges the agency's [decision/action/order] on the following grounds: [________________________________]

Timeliness of Request:
Notice of the adverse agency action was received on [__/__/____]. This request is filed within the [____]-day statutory deadline established by [cite specific statute or agency rule governing the deadline].

Hearing Format:
The Petitioner requests a [☐ formal evidentiary hearing / ☐ hearing on the record / ☐ informal hearing] pursuant to [applicable statute/regulation].

Stay Request:
[If applicable] The Petitioner respectfully requests a stay of enforcement of the agency action pending the outcome of this hearing. Grounds for the stay are set forth in the accompanying Stay Request (Section 13 of this Packet).

Language Access Services:
[If applicable] Pursuant to 5 ILCS 100/10-50, the Petitioner requests language access services in [________________________________] for the hearing.

Accommodations:
[If applicable] The Petitioner requests reasonable accommodations under the Americans with Disabilities Act, specifically: [________________________________].

Enclosed with this letter please find: (1) the Formal Request for Administrative Hearing; (2) Statement of Issues; (3) copies of the challenged agency action/notice; (4) supporting documentation; and (5) proof of service.

Respectfully submitted,

________________________________________
[Full Name / Attorney Name]
[Title]
[Address]
[Telephone]
[Email]
[ARDC Number, if applicable]

3. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________]

STATE OF ILLINOIS

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent Agency

Docket/Reference No.: [________________________________]

PETITION FOR ADMINISTRATIVE HEARING

NOW COMES Petitioner [________________________________], by and through [self / undersigned counsel], and pursuant to the Illinois Administrative Procedure Act, 5 ILCS 100/10-25 et seq., and [cite specific agency enabling statute], hereby requests a formal administrative hearing and states as follows:

I. PARTIES

1. Petitioner is [an individual / a business entity / an organization] located at [________________________________], with a direct interest in the agency action at issue.

2. Respondent is [________________________________], an agency of the State of Illinois, located at [________________________________].

II. JURISDICTION AND AUTHORITY

3. This proceeding constitutes a "contested case" as defined by 5 ILCS 100/1-30, in that it is an adjudicatory proceeding in which the individual legal rights, duties, or privileges of the Petitioner are required by law to be determined by the agency only after an opportunity for a hearing.

4. The agency has jurisdiction over this matter pursuant to [________________________________] [cite agency enabling statute].

5. This request is timely filed within [____] days of receipt of the agency's decision, as required by [________________________________].

III. FACTUAL BACKGROUND

6. On or about [__/__/____], the agency issued [describe action — notice of violation, license denial, order, determination, etc.].

7. [________________________________]
   [Provide additional relevant facts, numbered sequentially]

8. [________________________________]

9. [________________________________]

10. [________________________________]

IV. STATEMENT OF ISSUES

11. The following issues are presented for hearing:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

V. LEGAL BASIS FOR CHALLENGE

12. The agency action is [erroneous / arbitrary / capricious / contrary to law / unsupported by substantial evidence / in violation of constitutional provisions / in excess of statutory authority] for the following reasons:

a. [________________________________]

b. [________________________________]

c. [________________________________]

VI. RELIEF REQUESTED

13. WHEREFORE, Petitioner respectfully requests that this [Agency / Administrative Law Judge]:

a. Schedule and conduct a full evidentiary hearing on the merits;

b. Reverse, vacate, or modify the agency action dated [__/__/____];

c. [________________________________] [specify other relief sought];

d. Grant such other and further relief as may be just and proper.

VII. CERTIFICATION

I hereby certify that the statements made herein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

________________________________________
[Petitioner / Attorney for Petitioner]
[Printed Name]
[Address]
[Telephone]
[Email]

4. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Detailed Statement of Contested Issues

Issue No. 1:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 2:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 3:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Additional Issues: [Attach additional sheets as necessary]

5. AGENCY IDENTIFICATION AND FORUM DETERMINATION

Identifying the Correct Hearing Forum in Illinois

Illinois does not have a single centralized Office of Administrative Hearings. Instead, administrative hearings are conducted by individual state agencies or by Administrative Law Judges (ALJs) employed by or assigned to specific agencies. The forum depends on the agency and the nature of the action.

Common Illinois Agencies Conducting Administrative Hearings:

Forum Determination Checklist:

☐ Identify the agency that issued the adverse action
☐ Determine whether the agency has its own hearing division
☐ Review the agency's specific enabling statute for hearing procedures
☐ Confirm whether agency-specific rules supplement the IAPA (5 ILCS 100)
☐ Determine whether the hearing will be before an ALJ or agency panel
☐ Identify any mandatory mediation or informal resolution requirements
☐ Verify whether the Illinois Independent Tax Tribunal has jurisdiction (for tax matters)

6. FILING INSTRUCTIONS

Where and How to File in Illinois

Step 1: Identify the Correct Filing Location

Filing is directed to the specific agency that issued the adverse action. There is no single statewide filing address.

Step 2: Accepted Filing Methods

☐ U.S. Mail (certified mail recommended for proof of filing date)
☐ Personal delivery / hand filing
☐ Electronic filing (where permitted by agency rules)
☐ Email filing (where permitted by agency rules — see 5 ILCS 100/10-75)
☐ Facsimile (where permitted by agency rules)

Step 3: Filing Fees

Note: Most Illinois administrative hearing requests do not require a filing fee, but certain agencies (e.g., the Illinois Independent Tax Tribunal) may impose fees. Verify with the specific agency.

Step 4: Service Requirements

☐ Serve a copy of the hearing request on the agency's legal counsel
☐ Serve a copy on any other parties to the action
☐ File proof of service (certificate of service) with the hearing request
☐ Service may be made personally, by certified mail, or by email (per 5 ILCS 100/10-25)

7. DEADLINES AND TIMELINE

Critical Deadlines Under Illinois Law

Filing Deadline for Hearing Request:

The deadline to request an administrative hearing varies by agency and by the type of action. Common deadlines include:

CRITICAL: Failure to file within the statutory deadline may result in waiver of the right to a hearing and render the agency's decision final.

General Hearing Timeline:

8. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Discovery in Illinois Administrative Hearings

Under 5 ILCS 100/10-50, agency rules may include discovery and protective order procedures. Discovery in Illinois administrative proceedings is generally more limited than in civil litigation, but the scope depends on the specific agency's rules.

Available Discovery Methods (where permitted by agency rules):

☐ Interrogatories (written questions to opposing party)
☐ Requests for production of documents
☐ Requests for admission
☐ Depositions (where agency rules permit)
☐ Subpoenas for documents (subpoena duces tecum)
☐ Subpoenas for witness testimony

Subpoena Power:

Under 5 ILCS 100/10-50, agencies may establish subpoena request procedures. The power to issue subpoenas varies by agency:

• Some agencies issue subpoenas directly upon request of a party
• Other agencies require a motion to the ALJ demonstrating relevance and necessity
• The ALJ or agency head typically has authority to enforce subpoenas
• Non-compliance with a subpoena may be enforced through the circuit court

Pre-Hearing Document Exchange:

Many Illinois agencies require pre-hearing exchange of:
☐ Witness lists (names and expected testimony summaries)
☐ Exhibit lists with copies of all documentary exhibits
☐ Pre-hearing memoranda or position statements
☐ Stipulations of undisputed facts

Protective Orders:

Parties may seek protective orders under 5 ILCS 100/10-50 to protect:

• Trade secrets and confidential business information
• Personal identifying information
• Privileged communications
• Information subject to statutory confidentiality protections

9. PRE-HEARING CONFERENCE PROCEDURES

Pre-Hearing Conferences Under the Illinois APA

Under 5 ILCS 100/10-50, agency procedural rules may include pre-hearing conference provisions. The scope and requirements vary by agency.

Purposes of the Pre-Hearing Conference:

☐ Identify and narrow the contested issues
☐ Exchange witness and exhibit lists
☐ Establish a hearing schedule
☐ Discuss stipulations and undisputed facts
☐ Address discovery disputes
☐ Explore settlement or informal resolution
☐ Rule on preliminary motions (motions to dismiss, motions to compel)
☐ Address procedural accommodations (interpreter, ADA needs)
☐ Set deadlines for pre-hearing filings

Pre-Hearing Conference Preparation Checklist:

☐ Review all relevant agency rules and regulations
☐ Prepare a concise statement of the issues
☐ Prepare preliminary witness and exhibit lists
☐ Identify any discovery needs
☐ Prepare any motions (e.g., motion to continue, motion to consolidate)
☐ Research potential settlement terms
☐ Review the specific agency's pre-hearing conference procedures
☐ Prepare a proposed hearing schedule

Pre-Hearing Orders:

Following a pre-hearing conference, the ALJ may issue a pre-hearing order that:

• Defines the issues for hearing
• Sets deadlines for discovery and pre-hearing submissions
• Establishes the hearing date, time, and location
• Memorializes any stipulations reached
• Addresses any pending motions

10. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Hearings Under the Illinois APA

Right to Hearing (5 ILCS 100/10-25):

In a contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice. The notice must include:

• A statement of the time, place, and nature of the hearing
• A statement of the legal authority and jurisdiction under which the hearing is held
• A short and plain statement of the matters asserted

Representation:

☐ Parties may appear pro se (self-represented)
☐ Parties may be represented by an attorney licensed in Illinois
☐ Certain agencies permit representation by non-attorney advocates in limited circumstances

Standard of Proof (5 ILCS 100/10-15):

Unless otherwise provided by law or stated in the agency's rules, the standard of proof is preponderance of the evidence.

Evidence Rules (5 ILCS 100/10-40):

• Evidence may be admitted if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs
• Irrelevant, immaterial, or unduly repetitious evidence shall be excluded
• The formal rules of evidence applicable in civil cases do not strictly apply
• Hearsay evidence may be admissible but may not be the sole basis for a finding of fact unless it would be admissible over objection in civil court
• Any part of the evidence may be received in written form when the hearing will be expedited and the interests of the parties will not be prejudiced
• Parties have the right to conduct cross-examination required for a full and fair disclosure of the facts

Judicial Notice (5 ILCS 100/10-40):

• The ALJ may take judicial notice of matters of which the circuit courts of Illinois may take judicial notice
• The ALJ may also take notice of generally recognized technical or scientific facts within the agency's specialized knowledge
• Parties must be notified of material noticed and afforded an opportunity to contest noticed facts

Record of Proceedings (5 ILCS 100/10-35):

The record in a contested case shall include:
☐ All pleadings, notices, and responses
☐ All motions and rulings
☐ All evidence received or considered
☐ A statement of matters officially noticed
☐ Questions and offers of proof, objections, and rulings thereon
☐ Proposed findings and exceptions
☐ Any decision, opinion, or report by the ALJ presiding at the hearing
☐ All staff memoranda or data submitted to the ALJ

Hearing Procedures:

☐ Opening statements (typically permitted but not required)
☐ Presentation of evidence by the moving party / agency
☐ Presentation of evidence by the respondent / petitioner
☐ Cross-examination of witnesses
☐ Redirect examination
☐ Introduction of documentary exhibits
☐ Closing arguments / summation
☐ Post-hearing briefing schedule (if applicable)

11. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Process Under the Illinois APA

Post-Hearing Briefs:

The ALJ may permit or require post-hearing briefs. Requirements include:

Proposal for Decision (5 ILCS 100/10-45):

When a majority of the agency officials who are to render the final decision have not heard the case or read the record, the decision shall not be made until:

1. A proposal for decision is served upon the parties
2. The proposal contains a statement of reasons and each issue of fact or law necessary to the proposed decision
3. Each party adversely affected is afforded the opportunity to:
   - File exceptions to the proposal
   - Present a brief
   - Present oral argument (if the agency permits)

Final Decision (5 ILCS 100/10-50):

• The final decision shall be in writing and shall include findings of fact and conclusions of law
• Findings of fact shall be based exclusively on the evidence in the record and on matters officially noticed
• The agency shall serve the final decision on all parties

Ex Parte Communications (5 ILCS 100/10-60):

Prohibited communications include:

• No ex parte communication regarding any contested case with the ALJ or agency decision-maker
• All communications regarding the merits must be on the record
• Violations may result in sanctions or disqualification

12. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under the Illinois Administrative Review Law

Governing Statute: 735 ILCS 5/3-101 et seq. (Administrative Review Law)

Exhaustion of Administrative Remedies:

Before seeking judicial review, the Petitioner must:
☐ Receive a final administrative decision
☐ Exhaust all available administrative appeals within the agency
☐ File any required petition for reconsideration or rehearing (if applicable)

Filing for Judicial Review:

Scope of Judicial Review:

The court's review is limited to the administrative record. The court shall:

• Review questions of law de novo
• Reverse agency findings of fact only if they are against the manifest weight of the evidence
• Reverse agency decisions only if they are arbitrary, capricious, or an abuse of discretion
• Determine whether the agency followed proper procedures

Further Appeals:

• From the circuit court: Appeal to the Illinois Appellate Court
• From the Appellate Court: Petition for Leave to Appeal to the Illinois Supreme Court

Special Jurisdictions:

For certain agencies (e.g., Illinois Educational Labor Relations Board, Illinois Commerce Commission), judicial review may be filed directly in the Appellate Court. Verify the specific statute governing the agency action.

13. STAY OF AGENCY ACTION

Request for Stay Pending Hearing

To: [________________________________] [Agency Name / ALJ]
From: [________________________________] [Petitioner]
Date: [__/__/____]
Re: Request for Stay — Docket No. [________________________________]

The Petitioner respectfully requests a stay of enforcement of the agency's [decision/order/action] dated [__/__/____] pending the resolution of this administrative hearing, and states the following grounds:

1. Likelihood of Success on the Merits:
[________________________________]

2. Irreparable Harm Absent a Stay:
[________________________________]

3. The Stay Will Not Substantially Harm Other Parties:
[________________________________]

4. The Public Interest Favors a Stay:
[________________________________]

Supporting Documentation:
☐ Affidavit or declaration of Petitioner
☐ Financial records demonstrating harm
☐ Other supporting evidence: [________________________________]

14. DOCUMENT CHECKLIST

Complete Filing Checklist for Illinois Administrative Hearing Request

Required Documents:

☐ Cover letter (signed and dated)
☐ Formal Request for Administrative Hearing / Petition
☐ Copy of the agency's adverse action / decision / notice
☐ Statement of Issues / Grounds for Hearing
☐ Proof of service on agency counsel and all parties
☐ Certificate of service
☐ Filing fee or fee waiver request (if applicable)

Recommended Documents:

☐ Stay request with supporting documentation (if applicable)
☐ Preliminary witness list
☐ Preliminary exhibit list
☐ Copies of key documentary exhibits
☐ Relevant statutory and regulatory provisions
☐ Chronological statement of facts
☐ Authorization for representative (if applicable)
☐ Interpreter / accommodation request form (if applicable)
☐ Agency-specific hearing request form (if the agency provides one)

Service Verification:

☐ Retained a copy of all filed documents for your records
☐ Sent copies to all parties via [certified mail / personal delivery / email]
☐ Obtained proof of delivery (certified mail receipt, delivery confirmation)
☐ Filed certificate of service with the agency

Post-Filing Tasks:

☐ Calendar the hearing request deadline and confirm timely filing
☐ Calendar 35-day judicial review deadline from date of final decision
☐ Monitor for acknowledgment of receipt from the agency
☐ Monitor for assignment of ALJ and scheduling notices
☐ Begin preparing witness and exhibit lists
☐ Begin discovery (if permitted by agency rules)
☐ Review agency-specific procedural rules thoroughly

15. PRACTICE TIPS FOR ILLINOIS ADMINISTRATIVE HEARINGS

Strategic Considerations for Illinois Practitioners

1. Know Your Agency's Rules
The IAPA (5 ILCS 100) provides the baseline framework, but each agency has its own procedural rules codified in the Illinois Administrative Code. Always review the specific agency's regulations in addition to the IAPA. The Joint Committee on Administrative Rules (JCAR) maintains the Illinois Administrative Code at www.ilga.gov.

2. Confirm the Hearing Forum
Illinois does not have a centralized Office of Administrative Hearings. Determine early whether the hearing will be before an agency employee, an ALJ from the agency's hearing division, or an independent hearing officer.

3. Preserve the Record
Under 5 ILCS 100/10-35, the record in a contested case must include all pleadings, evidence, and rulings. Ensure that all objections, offers of proof, and procedural challenges are made on the record to preserve them for judicial review.

4. Understand the Standard of Proof
The default standard is preponderance of the evidence (5 ILCS 100/10-15), but certain proceedings (e.g., professional discipline cases) may require clear and convincing evidence. Verify the applicable standard before the hearing.

5. Prepare for Relaxed Evidence Rules
Administrative hearings in Illinois follow relaxed evidence rules compared to court proceedings. Hearsay may be admitted, but it typically cannot serve as the sole basis for a finding of fact. Be prepared to present corroborating evidence for critical factual assertions.

6. Utilize the Proposal for Decision Process
Under 5 ILCS 100/10-45, when the agency officials rendering the final decision did not hear the case, they must issue a proposal for decision. This is a critical opportunity to file exceptions and present argument before the final decision is issued.

7. Mind the 35-Day Judicial Review Deadline
Under 735 ILCS 5/3-103, the complaint for administrative review must be filed within 35 days of service of the final decision. This deadline is strictly enforced and is jurisdictional. Calendar this deadline immediately upon receipt of the final decision.

8. Consider Informal Resolution
Many agencies encourage or require informal resolution efforts before or during the hearing process. Settlement discussions, mediation, and agreed orders can resolve cases more efficiently. However, do not waive statutory deadlines while pursuing informal resolution.

9. Request Language Access Services
Under 5 ILCS 100/10-50, parties may request language access services. Make this request as early as possible to avoid hearing delays.

10. Document Everything
Maintain detailed records of all communications with the agency, including dates of mailing, receipt of notices, telephone calls, and in-person meetings. This documentation is essential for establishing timeliness and preserving rights.

16. SOURCES AND REFERENCES

Illinois Administrative Hearing Authorities

Primary Statutes:

• Illinois Administrative Procedure Act: 5 ILCS 100/1-1 et seq.
• Article 1: General Provisions (5 ILCS 100/1-1 through 1-85)
• Article 10: Administrative Hearings (5 ILCS 100/10-5 through 10-75)
• Article 15: Rulemaking (5 ILCS 100/15-1 et seq.)
• Illinois Administrative Review Law: 735 ILCS 5/3-101 through 5/3-113
• Illinois State Bar Act: 705 ILCS 205/1 et seq.

Administrative Code:

• Joint Committee on Administrative Rules (JCAR): www.ilga.gov/commission/jcar/
• Agency-specific procedural regulations: Illinois Administrative Code (Ill. Admin. Code)

Key Agencies and Contact Information:

• Illinois Secretary of State, Hearing Division: www.ilsos.gov
• Illinois Department of Revenue: tax.illinois.gov
• Illinois Department of Employment Security: ides.illinois.gov
• Illinois Department of Financial and Professional Regulation: idfpr.illinois.gov
• Illinois Pollution Control Board: pcb.illinois.gov
• Illinois Department of Human Services, Bureau of Hearings: www.dhs.state.il.us
• Illinois Human Rights Commission: www2.illinois.gov/ihrc

Practice Resources:

• Illinois State Bar Association, Administrative Law Section
• Illinois Institute for Continuing Legal Education (IICLE)
• ISBA Checklist for Judicial Review of Administrative Decisions

This template is intended for use by licensed attorneys and qualified legal professionals. It does not constitute legal advice. The information contained herein reflects general provisions of Illinois law and must be adapted to the specific agency, proceeding, and facts of each case. Always verify current statutory requirements, agency-specific rules, and applicable deadlines before filing.

Document Version: 2026-03-07
Jurisdiction: Illinois
Governing Law: Illinois Administrative Procedure Act, 5 ILCS 100; Administrative Review Law, 735 ILCS 5/3-101 et seq.