Article III. Administrative Review · Last amended 2008 · Last verified July 20, 2026
In one sentenceSection 3-103 requires filing a complaint and getting a summons issued within 35 days after the agency's decision was served, with a special allowance in smaller municipalities to later add a police or fire chief as a party in officer-discipline cases.
Full Text of 735 ILCS 5/3-103
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Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision, except that in municipalities with a population of 500,000 or less a complaint filed within the time limit established by this Section may be subsequently amended to add a police chief or a fire chief in cases brought under the Illinois Municipal Code's provisions providing for the discipline of fire fighters and police officers. The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business.
The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
This amendatory Act of 1993 applies to all cases involving discipline of fire fighters and police officers pending on its effective date and to all cases filed on or after its effective date.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly.
Plain-English Summary
Section 3-103 fixes the deadline for starting a review action: a complaint has to be filed and a summons issued within 35 days from the date a copy of the decision being reviewed was served on the party affected. In municipalities with a population of 500,000 or less, a complaint filed within that window may later be amended to add a police chief or fire chief in cases brought under the Illinois Municipal Code's provisions for disciplining fire fighters and police officers.
Where the act governing the agency's own procedure specifies a method of serving the decision, that method controls. If it doesn't, the decision is deemed served either when a copy is personally delivered, or when a copy is deposited in the mail, in a sealed, postage-prepaid envelope or package, addressed to the affected party's last known residence or place of business. The summons itself, and any alias summons, follow the form set by Supreme Court rule.
Two amendment-history notes close out the section: the 1993 amendatory act applies to fire fighter and police officer discipline cases pending on its effective date, as well as to cases filed after that date, and the changes made by the 95th General Assembly apply to actions filed on or after that amendatory act's effective date.
Frequently Asked Questions
How long do I have to file for administrative review after receiving an agency's decision?
35 days from the date a copy of the decision was served on the party affected by it.
What counts as proper filing to commence an administrative review action?
Filing a complaint and having a summons issued within the 35-day window; the form of the summons and any alias summons follow Illinois Supreme Court rules.
How is "service" of the agency's decision determined if the statute doesn't specify a method?
The decision is deemed served either when a copy is personally delivered, or when a copy is deposited in the mail, in a sealed, postage-prepaid envelope, addressed to the affected party's last known residence or place of business.
Can a police or fire chief be added to a case after the 35-day deadline?
In municipalities with a population of 500,000 or less, a complaint timely filed under this section may later be amended to add a police chief or fire chief in cases brought under the Municipal Code's discipline provisions for fire fighters and police officers.
Does the 35-day deadline apply the same way in every Illinois municipality?
The 35-day filing deadline applies generally, but the later amendment allowance to add a police or fire chief is limited to municipalities with a population of 500,000 or less.
Amendment History
(Source: P.A. 95-831, eff. 8-14-08.)
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
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