In any action to review any final decision of any administrative agency, the agency shall appear by filing an answer consisting of a record of the proceedings had before it, or a written motion in the cause or a written appearance. All other defendants desiring to appear shall appear by filing a written appearance. Every appearance shall be filed within the time fixed by rule of the Supreme Court, and shall state with particularity an address where service of notices or papers may be made upon the defendant so appearing, or his or her attorney.
3-106.Appearance of defendants.
Article III. Administrative Review · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 3-106 lets the agency appear by filing its answer, a motion, or a written appearance, while every other defendant who wants to participate must file a written appearance stating an address for service, within the time set by Supreme Court rule.
Full Text of 735 ILCS 5/3-106
Plain-English Summary
Section 3-106 gives the administrative agency three ways to appear in a review action: filing an answer consisting of the record of proceedings held before it, filing a written motion in the case, or filing a written appearance. Every other defendant who wants to appear has only one option — a written appearance.
Every appearance, whichever form it takes, has to be filed within the time fixed by Supreme Court rule, and it has to state with particularity an address where notices or papers may be served on the appearing defendant, or on that defendant's attorney.
The practical effect is that a defendant who doesn't intend to actively contest the review can still preserve a place in the case, and a reliable way to receive notice, by filing a simple written appearance rather than a full answer or motion.
Frequently Asked Questions
How does an administrative agency appear in a review action?
By filing an answer consisting of the record of proceedings held before it, a written motion in the case, or a written appearance.
What must other defendants do if they want to appear in the case?
File a written appearance. That's the only appearance method the section makes available to defendants other than the agency.
Is there a deadline for filing an appearance?
Yes. Every appearance has to be filed within the time fixed by rule of the Illinois Supreme Court.
What information must an appearance include?
An address where notices or papers may be served on the defendant appearing, or on that defendant's attorney, stated with particularity.
What happens if a defendant doesn't file an appearance at all?
The section doesn't itself address the consequence; it requires only that any defendant who does want to appear file a written appearance within the time the Supreme Court rules set.
Amendment History
(Source: P.A. 88-1.)
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 appearance of defendantsagency answer administrative review illinoiswritten appearance administrative review illinois