PETITION FOR ADMINISTRATIVE REVIEW

(735 Ill. Comp. Stat. 5/Art. III)

[// GUIDANCE: Use this template to commence judicial review of a final Illinois state-agency decision under the Administrative Review Law (“ARL”). Customize all bracketed items and confirm agency-specific rules before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Jurisdiction, Venue & Governing Law
   3.2 Timeliness & Procedural Compliance
   3.3 Standard of Review
   3.4 Exhaustion of Administrative Remedies
   3.5 Statement of Facts
   3.6 Grounds for Relief (Counts I-__)
   3.7 Prayer for Relief
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Verification
12. Certificate of Service

1. DOCUMENT HEADER

IN THE CIRCUIT COURT OF THE [COUNTY] COUNTY, STATE OF ILLINOIS
[PETITIONER FULL LEGAL NAME],
  Petitioner,
    v.
[AGENCY LEGAL NAME], an administrative agency of the State of Illinois,
  Respondent.

Case No.: _____

PETITION FOR ADMINISTRATIVE REVIEW OF FINAL AGENCY DECISION DATED [MM/DD/YYYY]

[Recitals]
A. On [Decision Date], Respondent issued a Final Administrative Decision adverse to Petitioner.
B. Petitioner seeks judicial review pursuant to the Illinois Administrative Review Law, 735 Ill. Comp. Stat. 5/3-101 et seq. (“ARL”).

Effective Date of Petition: Upon filing with the Clerk of the Circuit Court of [County] County, Illinois.

Jurisdiction: State of Illinois; venue lies exclusively in [County] County pursuant to 735 Ill. Comp. Stat. 5/3-104.

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below. Defined terms apply equally to the singular and plural forms.

“Administrative Record” – The complete record of proceedings before Respondent compiled under 735 Ill. Comp. Stat. 5/3-108.

“Agency” – [AGENCY LEGAL NAME], including all subdivisions, boards, and officers thereof.

“Final Administrative Decision” – The written decision issued by Respondent on [Decision Date], a copy of which is attached hereto as Exhibit A.

“Petitioner” – [PETITIONER FULL LEGAL NAME], including its successors and assigns.

“Respondent” – Collectively, the Agency and each official required to be named under 735 Ill. Comp. Stat. 5/3-107.

3. OPERATIVE PROVISIONS

3.1 Jurisdiction, Venue & Governing Law

a. This Court has subject-matter jurisdiction under the ARL, 735 Ill. Comp. Stat. 5/3-102.
b. Venue is proper in [County] County because (i) the principal place of business of Petitioner is located in this county or (ii) the contested administrative hearing was held here.
c. Illinois law governs all matters herein.

3.2 Timeliness & Procedural Compliance

a. Petitioner was served with the Final Administrative Decision on [Service Date].
b. This Petition (complaint for administrative review) is filed within thirty-five (35) days after service as required by 735 Ill. Comp. Stat. 5/3-103.
c. Summons will issue contemporaneously herewith to all statutorily required parties.
[// GUIDANCE: Attach draft summons as Exhibit B and update service list.]

3.3 Standard of Review

a. Questions of law are reviewed de novo.
b. Findings of fact are upheld unless against the manifest weight of the evidence; the Agency’s findings are prima facie true and correct. 735 Ill. Comp. Stat. 5/3-110.
c. Mixed questions of law and fact are reviewed for clear error.

3.4 Exhaustion of Administrative Remedies

a. Petitioner pursued and exhausted every administrative remedy available, culminating in the Final Administrative Decision.
b. No further intra-agency review is available.
[// GUIDANCE: If any remedies remain, explain why exhaustion is excused (e.g., futility, irreparable harm).]

3.5 Statement of Facts

1. Petitioner is a [Entity Type] organized under the laws of [State] with its principal place of business at [Address].
2. On [Date(s)], Agency initiated administrative proceedings alleging [Brief Description].
3. After a hearing on [Hearing Date(s)], the Agency entered the Final Administrative Decision, which (a) imposed administrative penalties totaling $[Amount]; (b) ordered [Other Sanctions]; and (c) became final on [Decision Date].
4. The Agency’s decision is unsupported by substantial evidence and is contrary to law for the reasons set forth below.

3.6 Grounds for Relief (Counts)

[// GUIDANCE: Add or delete counts to fit case-specific claims.]

Count I – Error of Law
1. The Agency incorrectly interpreted [Statute/Regulation].
2. Proper interpretation mandates reversal/modification.

Count II – Findings Against Manifest Weight of Evidence
1. The Agency’s factual findings lack support in the Administrative Record.
2. Key evidence ignored or misconstrued includes [Citations to Record].

Count III – Due Process Violation
1. Agency failed to provide fair notice and an opportunity to be heard, violating U.S. Const. amend. XIV and Ill. Const. art. I, § 2.

3.7 Prayer for Relief

Wherefore, Petitioner respectfully requests that this Court:
a. Reverse the Final Administrative Decision or, in the alternative, remand for further proceedings consistent with this Court’s opinion;
b. Vacate or reduce any administrative penalties;
c. Award injunctive relief staying enforcement pending review;
d. Tax costs against Respondent as allowed by law; and
e. Grant such other and further relief as equity and justice require.

4. REPRESENTATIONS & WARRANTIES

1. Petitioner represents that the statements of fact herein are true and correct to the best of its knowledge, information, and belief, formed after reasonable inquiry.
2. Petitioner warrants that it has complied with all prerequisites to judicial review under the ARL.
3. These representations survive the dismissal or disposition of this action.

5. COVENANTS & RESTRICTIONS

1. Petitioner covenants to:
   a. Pay record-preparation costs upon invoice;
   b. Supplement this Petition if additional administrative transcript pages are filed; and
   c. Notify the Court and Respondent of any bankruptcy or receivership affecting Petitioner.
2. Petitioner shall not transfer any interest intended to evade the jurisdiction of this Court.

6. DEFAULT & REMEDIES

If Petitioner fails to pay record fees or otherwise prosecute this action, Respondent may move for dismissal with prejudice and for costs. Nothing herein limits statutory remedies available to either party.

7. RISK ALLOCATION

[Indemnification intentionally omitted—administrative review is non-contractual.]
Limitation of Liability: Petitioner’s exposure is limited to statutorily authorized administrative penalties, court costs, and fees expressly ordered by the Court.

8. DISPUTE RESOLUTION

Further appellate review shall be taken to the Illinois Appellate Court, [District] District, pursuant to Supreme Court Rule 335 and the ARL.

9. GENERAL PROVISIONS

1. Severability: If any provision of this Petition is held unenforceable, the remainder shall remain in full force.
2. Amendment: Petitioner may amend this Petition as of right within the time limits of 735 Ill. Comp. Stat. 5/2-616.
3. Integration: This Petition, together with attached exhibits, constitutes the entire pleading for purposes of commencing administrative review.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[NAME OF ATTORNEY], ARDC No. ____
[LAW FIRM NAME]
[Address]
[Telephone] | [E-mail]
Attorney for Petitioner

11. VERIFICATION

STATE OF ILLINOIS )
: ss. )
COUNTY OF [COUNTY] )

I, [Petitioner Representative Name], being first duly sworn on oath, depose and state that I am the [Title] of Petitioner, that I have read the foregoing Petition for Administrative Review, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[Name], [Title]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

12. CERTIFICATE OF SERVICE

I, [Attorney Name], certify that on [Date], I caused a true and correct copy of the foregoing Petition for Administrative Review, together with Summons and all exhibits, to be served upon:

1. General Counsel, [Agency Name & Address]
2. Illinois Attorney General, 100 W. Randolph St., Chicago, IL 60601
3. [Additional Required Parties]

by [hand delivery / certified mail, return receipt requested / e-mail pursuant to Supreme Court Rule 11], in compliance with 735 Ill. Comp. Stat. 5/3-105.

[Attorney Name]

[// GUIDANCE:
1. Attach as exhibits: (A) Final Administrative Decision; (B) Draft Summons; (C) Proof of Service of Agency Decision (if available).
2. Confirm county-specific filing fees and e-filing requirements.
3. Consider filing a motion to stay enforcement under 735 Ill. Comp. Stat. 5/3-111 pending review.
4. Re-check computation of the 35-day filing deadline—weekends and holidays count.
]