Petition for Reconsideration (Administrative Agency)

PETITION FOR REHEARING / MOTION FOR RECONSIDERATION

Before the [________________________________]

State of Illinois

In the Matter of:

[________________________________],
Petitioner/Respondent,

v.

[________________________________],
Respondent Agency/Complainant.

Docket No.: [________________________________]
Agency File No.: [________________________________]

PETITION FOR REHEARING AND RECONSIDERATION

Pursuant to 5 ILCS 100/10-35 and Applicable Agency Rules

Petitioner, [________________________________], by and through undersigned counsel [or pro se], respectfully petitions the [________________________________] (the "Agency") for rehearing and reconsideration of its Final Administrative Decision/Order dated [__/__/____].

I. PRELIMINARY STATEMENT

This Petition for Rehearing is filed pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1 et seq.) and the Agency's rules of practice and procedure. Under 5 ILCS 100/10-35, every final order issued by an Illinois administrative agency must state whether agency rules require any motion or request for reconsideration and cite the applicable rule. Illinois agencies may require exhaustion of reconsideration remedies before judicial review under the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq.

The Final Administrative Decision [describe: revoked Petitioner's license / denied Petitioner's application / imposed a penalty of $[____________] / upheld disciplinary action]. For the reasons set forth below, the Decision contains errors of law and/or fact and should be vacated, modified, or remanded.

Note on Deadlines: Unlike some states, the Illinois APA does not set a single uniform deadline for reconsideration petitions. The deadline is set by the specific agency's administrative rules — commonly 20 days, but this varies. Check the Final Order and the Agency's rules for the applicable deadline. Failure to file a timely petition for reconsideration may bar judicial review if reconsideration is required to exhaust administrative remedies.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

Authority for this petition is found in:

• 5 ILCS 100/10-35 (records in contested cases; requirement to state reconsideration rules)
• 5 ILCS 100/10-50 (administrative review)
• [Cite specific agency rule requiring/permitting reconsideration: ________________________________]
• [Cite applicable Illinois Administrative Code provision: Ill. Admin. Code tit. [____], § [____]]

B. Timeliness

☐ This Petition is timely. The Final Decision was issued/served on [__/__/____]. Under [cite agency rule: ________________________________], a petition for rehearing/reconsideration must be filed within [____] days of [issuance/service]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision issued/served: [__/__/____]
• Applicable deadline: [____] days
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Administrative Review Deadline

Under the Illinois Administrative Review Law (735 ILCS 5/3-103), an action for judicial review must be commenced within thirty-five (35) days from the date that a copy of the decision sought to be reviewed was served upon the party affected. Where the agency's rules require a petition for reconsideration as a prerequisite to judicial review, the administrative review deadline runs from the agency's decision on reconsideration. Consult with Illinois counsel regarding tolling and exhaustion requirements.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Registration No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Illinois ARDC No. (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Director/Secretary/Chair: [________________________________]
Agency Address: [________________________________]
City, State, Zip: [________________________________]

C. Other Parties (Complainant, Interveners, etc.)

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE DECISION CHALLENGED

A. The Final Administrative Decision

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Date Served on Petitioner: [__/__/____]
4. Decision/Order Number: [________________________________]
5. Administrative Law Judge/Hearing Officer: [________________________________]

B. Summary of the Final Decision

The Final Decision found/concluded: [________________________________]

The Final Decision directed/imposed: [________________________________]

A copy of the Final Decision is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe initiating action, e.g., "the Agency filed a Complaint/Notice against Petitioner alleging [charges]"].

2. On [__/__/____], Petitioner [describe response, e.g., "filed an Answer denying the allegations"].

3. The matter was assigned to Administrative Law Judge (ALJ) [________________________________] / Hearing Officer [________________________________].

4. A hearing was held on [date(s): ________________________________] at [________________________________].

5. Witnesses who testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. Exhibits admitted into evidence:
   - [________________________________]
   - [________________________________]

7. Post-hearing briefs were submitted on [__/__/____].

8. The ALJ/Hearing Officer issued a Recommended Decision on [__/__/____] [if applicable].

9. Petitioner filed exceptions to the Recommended Decision on [__/__/____] [if applicable].

10. The Agency Director/Board issued the Final Administrative Decision on [__/__/____].

VI. GROUNDS FOR REHEARING AND RECONSIDERATION

Petitioner asserts the following grounds. Check all that apply:

☐ Ground 1: Error of Law
The Final Decision contains errors in the interpretation or application of [cite statute/rule: ________________________________].

Specifically: [________________________________]

☐ Ground 2: Findings of Fact Against the Manifest Weight of Evidence
One or more material findings of fact are contrary to the manifest weight of the evidence in the record.

Unsupported/erroneous findings:

• The Decision found: [________________________________]; Record shows: [________________________________]
• The Decision found: [________________________________]; Record shows: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Evidence that was not available at the time of the hearing, and which could not have been discovered through the exercise of reasonable diligence, has been discovered.

Description: [________________________________]
Why not available at hearing: [________________________________]
Materiality: [________________________________]

☐ Ground 4: Agency Exceeded Statutory Authority
The Agency's action exceeds its statutory authority or jurisdiction under the Illinois APA or the Agency's enabling act.

Specifically: [________________________________]
Statutory provision violated: [________________________________]

☐ Ground 5: Decision is Arbitrary, Capricious, or Unreasonable
The Final Decision is arbitrary, capricious, or represents an unreasonable exercise of agency discretion.

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Decision violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Ill. Const. art. I, § 2)
☐ Equal protection
☐ Freedom from unreasonable search and seizure
☐ Other: [________________________________]

☐ Ground 7: Inadequate Findings or Conclusions
The Final Decision fails to make adequate findings of fact or conclusions of law as required by 5 ILCS 100/10-45.

Specifically: [________________________________]

☐ Ground 8: Procedural Error
A procedural error deprived Petitioner of a fair hearing:
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded
☐ Denial of right to present witnesses or cross-examine
☐ Hearing officer bias or conflict of interest
☐ Failure to provide proposed findings of fact and conclusions of law
☐ Other: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a clear, numbered narrative of the relevant facts:]

1. Petitioner [________________________________] is a [describe: licensed professional / business entity / regulated party] who [describe relevant background, e.g., has held [license type] No. [____] issued by the Agency since [__/__/____]].

2. On [__/__/____], [describe key event that initiated the proceeding].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially as needed.]

B. Disputed Findings

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration Under Illinois Law

Illinois courts and agencies apply the following principles to petitions for rehearing:

• An agency may correct errors of law, modify findings not supported by the evidence, or address newly discovered evidence.
• Under 735 ILCS 5/3-110, a court reviewing an agency decision shall set aside the decision if it is against the manifest weight of evidence, if it involves an error of law, if the agency exceeded its authority, or if the decision deprives the petitioner of constitutional rights.
• These same principles guide agency reconsideration before resort to judicial review.

B. Illinois APA Requirements

Under 5 ILCS 100/10-45, every final agency decision must include findings of fact and conclusions of law, and must specify the evidence relied upon. A failure to make required findings constitutes independent grounds for reversal or remand.

Under 5 ILCS 100/10-35(c), every final order must state whether agency rules require any motion or request for reconsideration, cite the applicable rule, and specify the time within which such motion must be filed.

C. Argument on Ground 1: [State Ground Title]

[Provide detailed legal argument:]

The Final Decision erred as a matter of law in [________________________________]. [Cite statute, e.g., 225 ILCS [____]/[section]] expressly provides that [________________________________]. The Agency's application of this provision is incorrect because [________________________________].

In [case name], [____] Ill. [2d/App. 3d] [____] ([year]), the Illinois [Supreme Court / Appellate Court] held that [________________________________]. Under this controlling authority, [________________________________].

D. Argument on Ground 2: [Against Manifest Weight of Evidence]

The following findings are contrary to the manifest weight of the evidence:

Finding [____]: The Agency found that [________________________________]. However, the evidence admitted at hearing demonstrates the contrary. [Describe evidence: Exhibit [____] / Testimony of [____] (Tr. p. [____])]. The Agency's finding ignores this evidence and therefore is against the manifest weight.

E. [Additional Grounds as Applicable]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Rehearing and Reconsideration.

☐ 2. Vacate the Final Administrative Decision in its entirety.

☐ 3. Enter a new decision in Petitioner's favor: [________________________________]

☐ 4. Modify the Final Decision as follows: [________________________________]

☐ 5. Remand for further hearing on the following issues: [________________________________]

☐ 6. Stay enforcement of the Final Decision pending resolution of this Petition and any administrative review proceedings.

☐ 7. Reinstate Petitioner's [license/permit/registration]: [________________________________]

☐ 8. Reduce the [penalty/fine/sanction] to: [________________________________]

☐ 9. Grant such other and further relief as the Agency deems just and proper.

X. LIST OF EXHIBITS

XI. ILLINOIS-SPECIFIC AGENCY NOTES

This template may be used in proceedings before various Illinois state agencies, including:

• Illinois Department of Professional Regulation / Division of Professional Regulation (IDFPR) — professional license discipline (physicians, attorneys, real estate, etc.)
• Illinois Department of Revenue — tax assessments and penalties
• Illinois Environmental Protection Agency (IEPA) — environmental permits and enforcement
• Illinois Department of Human Services (IDHS) — public assistance and benefit denials
• Illinois Department of Employment Security (IDES) — unemployment insurance
• Illinois Commerce Commission (ICC) — utility and transportation regulation
• Illinois Department of Children and Family Services (DCFS) — child welfare and licensing
• Illinois Department of Financial and Professional Regulation (IDFPR) — financial services, real estate, and professional licensing
• Illinois Office of Administrative Hearings (IOAH) — centralized hearing body for many agencies
• Illinois Department of Agriculture — agribusiness licensing and enforcement

Agency-Specific Rules: Under 5 ILCS 100/10-35, each Final Order must specify whether reconsideration is required. Always check the specific agency's Illinois Administrative Code rules for the applicable deadline, format, and service requirements before filing.

Illinois Administrative Review Law: If reconsideration is required by agency rules, the 35-day administrative review deadline under 735 ILCS 5/3-103 does not begin to run until the Agency rules on reconsideration. If reconsideration is not required, the 35-day period runs from the original Final Decision.

XII. VERIFICATION

I, [________________________________], state under oath that I am the Petitioner [or authorized representative of Petitioner] in the above-captioned matter; that I have read the foregoing Petition for Rehearing and Reconsideration; and that the statements made herein are true and correct to the best of my knowledge, information, and belief.

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, State of Illinois

My commission expires: [__/__/____]

— OR —

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, I certify that the statements set forth in this instrument are true and correct.

[________________________________]
Signature of Petitioner/Authorized Representative

Date: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Rehearing and Reconsideration and all exhibits upon the following by the method indicated:

Agency (Director/Secretary):
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Agency Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Complainant/Other Parties:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Illinois, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Illinois ARDC No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

If the Petition is Denied or No Ruling is Issued:

1. Administrative Review — Illinois Circuit Court: Under the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.), judicial review is filed in the Circuit Court of the county in which the party resides or has its principal place of business. The action must be filed within 35 days from the date a copy of the final decision on reconsideration is served.

2. Record on Review: Under 735 ILCS 5/3-108, the agency must file a certified copy of the record of proceedings within 35 days after service of summons.

3. Stay Pending Review: Under 735 ILCS 5/3-111, the court may stay enforcement of an agency decision pending administrative review.

4. Standard of Review: The circuit court reviews the agency decision on the record; findings are reversed only if against the manifest weight of evidence or erroneous as a matter of law.

5. Further Appeals: Appellate review proceeds to the Illinois Appellate Court and, discretionarily, the Illinois Supreme Court.

Important: The 35-day administrative review deadline is jurisdictional and strictly enforced. Consult a qualified Illinois attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• Illinois Administrative Procedure Act (5 ILCS 100): https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=83
• Illinois Administrative Review Law (735 ILCS 5/3-101): https://law.justia.com/codes/illinois/chapter-735/act-735-ilcs-5/article-iii/
• Illinois Office of Administrative Hearings: https://www2.illinois.gov/sites/oah/Pages/default.aspx
• Illinois Administrative Code: https://www.ilga.gov/commission/jcar/admincode/titles.html