Article III. Administrative Review · Last amended 2002 · Last verified July 20, 2026
In one sentenceSection 3-101 defines administrative agency and administrative decision for the Administrative Review Law, and spells out how a pending rehearing or review request before the agency affects when its decision becomes final for judicial review.
Full Text of 735 ILCS 5/3-101
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For the purpose of this Act: "Administrative agency" means a person, body of persons, group, officer, board, bureau, commission or department (other than a court or judge) of the State, or of any political subdivision of the State or municipal corporation in the State, having power under law to make administrative decisions.
"Administrative decision" or "decision" means any decision, order or determination of any administrative agency rendered in a particular case, which affects the legal rights, duties or privileges of parties and which terminates the proceedings before the administrative agency. In all cases in which a statute or a rule of the administrative agency requires or permits an application for a rehearing or other method of administrative review to be filed within a specified time (as distinguished from a statute which permits the application for rehearing or administrative review to be filed at any time before judgment by the administrative agency against the applicant or within a specified time after the entry of such judgment), and an application for such rehearing or review is made, no administrative decision of such agency shall be final as to the party applying therefor until such rehearing or review is had or denied. However, if the particular statute permits an application for rehearing or other method of administrative review to be filed with the administrative agency for an indefinite period of time after the administrative decision has been rendered (such as permitting such application to be filed at any time before judgment by the administrative agency against the applicant or within a specified time after the entry of such judgment), then the authorization for the filing of such application for rehearing or review shall not postpone the time when the administrative decision as to which such application shall be filed would otherwise become final, but the filing of the application for rehearing or review with the administrative agency in this type of case shall constitute the commencement of a new proceeding before such agency, and the decision rendered in order to dispose of such rehearing or other review proceeding shall constitute a new and independent administrative decision. If such new and independent decision consists merely of the denial of the application for rehearing or other method of administrative review, the record upon judicial review of such decision shall be limited to the application for rehearing or other review and the order or decision denying such application and shall not include the record of proceedings had before the rendering of the administrative decision as to which the application for rehearing or other administrative review shall have been filed unless the suit for judicial review is commenced within the time in which it would be authorized by this Act to have been commenced if no application for rehearing or other method of administrative review had been filed. On the other hand, if the rehearing or other administrative review is granted by the administrative agency, then the record on judicial review of the resulting administrative decision rendered pursuant to the rehearing or other administrative review may consist not only of the record of proceedings had before the administrative agency in such rehearing or other administrative review proceeding, but also of the record of proceedings had before such administrative agency prior to its rendering of the administrative decision as to which the rehearing or other administrative review shall have been granted. The term "administrative decision" or "decision" does not mean or include rules, regulations, standards, or statements of policy of general application issued by an administrative agency to implement, interpret, or make specific the legislation enforced or administered by it unless such a rule, regulation, standard or statement of policy is involved in a proceeding before the agency and its applicability or validity is in issue in such proceeding, nor does it mean or include regulations concerning the internal management of the agency not affecting private rights or interests.
Plain-English Summary
Section 3-101 defines "administrative agency" broadly: any person, body of persons, group, officer, board, bureau, commission, or department, other than a court or judge, of the State or one of its political subdivisions or municipal corporations, that has the power under law to make administrative decisions.
"Administrative decision" (or "decision") means a decision, order, or determination rendered in a particular case that affects the legal rights, duties, or privileges of parties and that terminates the proceeding before the agency. Much of the section works out how a rehearing or review request filed with the agency affects that finality. Where a statute or agency rule requires or permits a rehearing application within a specified time, no decision becomes final as to the applying party until that rehearing or review is had or denied. Where a statute instead allows a rehearing application for an indefinite period — for example, any time before the agency enters judgment against the applicant — the pending decision's finality isn't postponed on that account; instead, filing that later application starts a new proceeding, and the outcome of that proceeding is itself a new, independent administrative decision.
The record on review then depends on what happened with that later application: if it was denied outright, review of that denial is generally limited to the application and the denial order, unless the original suit for judicial review would still be timely as if no application had been filed. If the rehearing or review was granted, the record can include both the proceedings on rehearing and the earlier proceedings that led to the decision being reheard.
The definition of "administrative decision" excludes an agency's rules, regulations, standards, or statements of policy of general application used to implement or interpret the law it enforces, unless one of those is directly at issue and its applicability or validity is contested in a specific proceeding before the agency. It also excludes internal-management regulations that don't affect private rights or interests.
Frequently Asked Questions
What counts as an "administrative agency" under the Administrative Review Law?
Any person, body of persons, group, officer, board, bureau, commission, or department — other than a court or judge — of the State, or of a political subdivision or municipal corporation in the State, that has the legal power to make administrative decisions.
What makes something an "administrative decision" that can be judicially reviewed?
A decision, order, or determination rendered by the agency in a particular case that affects the legal rights, duties, or privileges of the parties and that terminates the proceeding before the agency.
How does filing a rehearing request affect when an agency decision becomes final?
If the governing statute or agency rule requires or permits the rehearing request within a specified time, the decision isn't final as to the applicant until the rehearing or review is had or denied.
What's the difference between a rehearing application with a set deadline and one that can be filed indefinitely?
A time-limited application postpones finality until it's resolved. An indefinite-period application doesn't postpone the original decision's finality; instead, filing it starts a new proceeding whose result is treated as a new, independent administrative decision.
Does the Administrative Review Law let someone challenge an agency's general rules or regulations?
Only in limited circumstances. General rules, regulations, standards, or policy statements aren't "administrative decisions" unless one is directly at issue and its applicability or validity is disputed in a specific proceeding before the agency.
Amendment History
(Source: P.A. 92-651, eff. 7-11-02.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois administrative review law definitionsadministrative decision definition illinoisadministrative agency definition illinoisfinal agency decision illinois judicial review