3-104.Jurisdiction and venue.
Article III. Administrative Review · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/3-104
Plain-English Summary
Section 3-104 vests jurisdiction to review final administrative decisions in the Circuit Courts, with one exception: a final order of the Illinois Educational Labor Relations Board is reviewed instead in the Appellate Court of the judicial district where the Board maintains an office.
Venue follows a two-tier rule. If the particular statute under which the agency's decision was made expressly prescribes venue, that provision controls. If it doesn't, an action to review a final administrative decision may be brought in the Circuit Court of any county where any part of the hearing or proceeding leading to the decision was held, any part of the subject matter involved is situated, or any part of the transaction that gave rise to the agency proceeding occurred.
Once a court acquires jurisdiction over a review action, the section gives it exclusive, continuing authority: the court first acquiring jurisdiction retains it until the action is finally disposed of, which forecloses competing proceedings over the same decision in a different court.
Frequently Asked Questions
Which Illinois court reviews most final agency decisions?
The Circuit Court, as a general rule.
Is there an exception to circuit court review for any specific agency?
Yes. A final order of the Illinois Educational Labor Relations Board is reviewed in the Appellate Court of the judicial district where the Board maintains an office, rather than in circuit court.
Which county's circuit court can hear my administrative review action?
If the particular statute under which the decision was made prescribes venue, that controls. Otherwise, venue lies in any county where part of the hearing was held, part of the subject matter is situated, or part of the underlying transaction occurred.
What if two counties both seem like proper venue?
The section allows venue in any qualifying county under its three-part test, so more than one county can be proper; the court that first acquires jurisdiction then retains it.
What happens if I file in more than one circuit court by mistake?
The section says the court first acquiring jurisdiction of the review action retains jurisdiction until the action is finally disposed of, which is designed to prevent competing proceedings in multiple courts.
Amendment History
(Source: P.A. 88-1.)