Complaint for Administrative Review - Illinois

COMPLAINT FOR ADMINISTRATIVE REVIEW

Filing Gate

The Administrative Review Law applies only when the statute creating or empowering the agency expressly adopts Article III or its predecessor. 735 ILCS 5/3-102. Confirm the enabling statute before using this complaint.

Under 735 ILCS 5/3-103, the action must be commenced by filing the complaint and issuance of summons within 35 days after service of the final administrative decision.

Court Caption

IN THE CIRCUIT COURT OF THE [________] JUDICIAL CIRCUIT

[________________________________] COUNTY, ILLINOIS

Case No.: [________________________________]

COMPLAINT FOR ADMINISTRATIVE REVIEW

(735 ILCS 5/3-101 et seq.)

1. Parties and Final Decision

1. Plaintiff [________________________________] is a party affected by the final administrative decision.

2. Defendant [________________________________] is the administrative agency that issued the decision.

3. Additional defendants required by the governing statute or 735 ILCS 5/3-107 are: [________________________________].

4. The agency served the final decision on [__/__/____]. A copy is attached as Exhibit A.

2. Jurisdiction, Venue, Timeliness, and Exhaustion

5. The agency's enabling statute adopts the Administrative Review Law at [citation].

6. Jurisdiction lies in the circuit court under 735 ILCS 5/3-104.

7. Venue is proper because [a part of the hearing occurred / part of the subject matter is situated / part of the transaction occurred] in this county, unless the enabling statute prescribes different venue.

8. This action is timely because the complaint was filed and summons issued within 35 days after service.

9. Plaintiff exhausted the required administrative remedies by [________________________________].

3. Grounds for Review

The court decides the questions of law and fact presented by the administrative record. New evidence is not heard, and agency findings on fact are prima facie true and correct. 735 ILCS 5/3-110.

Plaintiff alleges:

☐ The agency committed an error of law: [________________________________].
☐ A factual finding is contrary to the applicable standard of review: [________________________________].
☐ The agency denied required procedure or due process: [________________________________].
☐ The agency exceeded its authority: [________________________________].

Record citations: [________________________________]

4. Stay and Relief

Plaintiff:

☐ Does not seek a stay.
☐ Seeks a stay under 735 ILCS 5/3-111(a)(1), with notice to the agency and a showing that an immediate stay is needed to preserve the status quo without endangering the public, is not contrary to public policy, and has a reasonable likelihood of success on the merits.

Plaintiff asks the Court to:

1. Affirm, reverse, or partially reverse the decision;
2. Remand for further proceedings when authorized;
3. Enter an appropriate stay;
4. Tax lawful costs; and
5. Grant other relief authorized by 735 ILCS 5/3-111.

Signature

Dated: [__/__/____]

Signature: ______________________________
[Attorney Name], ARDC No. [________]
[Law Firm / Address / Telephone / Email]
Attorney for Plaintiff

Summons and Service Checklist

735 ILCS 5/3-105 requires the clerk to serve summons by registered or certified mail on the agency and the other defendants, subject to statutory exceptions.

☐ Complaint filed within 35 days
☐ Summons issued within 35 days
☐ Affidavit lists each defendant's last known address
☐ Agency and required defendants identified
☐ Clerk-service requirements confirmed
☐ Final decision attached
☐ Enabling statute and any agency-specific procedure checked

Sources and References

• 735 ILCS 5/3-102: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-102.htm
• 735 ILCS 5/3-103: https://ilga.gov/documents/legislation/ilcs/documents/073500050K3-103.htm
• 735 ILCS 5/3-104: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-104.htm
• 735 ILCS 5/3-105: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-105.htm
• 735 ILCS 5/3-107: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-107.htm
• 735 ILCS 5/3-110: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-110.htm
• 735 ILCS 5/3-111: https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K3-111.htm