3-102.Scope of Article.
Article III. Administrative Review · Last amended 2016 · Last verified July 20, 2026
Full Text of 735 ILCS 5/3-102
Plain-English Summary
Section 3-102 governs every action to judicially review a final agency decision where the statute creating or empowering the agency expressly adopts Article III or its predecessor, the Administrative Review Act. Once adopted, this Article — known as the "Administrative Review Law" — becomes the only route: any other statutory, equitable, or common law mode of reviewing that agency's decisions that was previously available can no longer be used.
The time limit carries real weight. Unless review is sought within the time and in the manner the Article provides, the parties to the agency proceeding are barred from obtaining judicial review of that decision at all.
The section also limits refiling after certain outcomes: if a judgment is reversed or entered against the plaintiff, or the action is voluntarily dismissed, dismissed for want of prosecution, or dismissed by a federal district court for lack of jurisdiction, neither the plaintiff nor his or her heirs, executors, or administrators may start a new action within one year, or within the remaining limitations period if that's longer. All proceedings for revising the agency's decision terminate once a court enters an order under Section 2-1009 or Section 13-217, and that order makes the agency's final decision immediately enforceable. And if a decision became final because a party failed to file objections, protests, a hearing petition, or an administrative review application within the time the agency's own act allowed, that decision isn't subject to judicial review under this Article at all, except to question the agency's jurisdiction over the person or the subject matter.
Frequently Asked Questions
When does the Administrative Review Law apply to a case?
Only when the statute that creates or empowers the particular agency expressly adopts Article III or its predecessor, the Administrative Review Act. Absent that adoption, this Article doesn't govern review of that agency's decisions.
Can I use a different method to challenge an agency decision if the Administrative Review Law applies?
No. Once adopted for a given agency, any other statutory, equitable, or common law mode of review previously available can no longer be used; the Administrative Review Law becomes the exclusive path.
What happens if I miss the deadline to seek judicial review?
The parties to the administrative proceeding are barred from obtaining judicial review of that decision, since review has to be sought within the time and in the manner the Article provides.
Can I refile after my administrative review action is dismissed for want of prosecution?
Only within one year of the dismissal, or within the remaining limitations period if that's longer — the same refiling limit that applies after a reversal, a voluntary dismissal, or a federal-court dismissal for lack of jurisdiction.
Can I still challenge an agency's jurisdiction even after missing the filing deadline?
Yes, in one specific circumstance: if a decision became final because a party missed the deadline for filing objections, protests, or an administrative review application, the decision still isn't shielded from a challenge to the agency's jurisdiction over the person or subject matter.
Amendment History
(Source: P.A. 99-642, eff. 7-28-16.)