(a) Complaint. The complaint shall contain a statement of the decision or part of the decision sought to be reviewed. It shall specify whether the transcript of evidence, if any, or what portion thereof, shall be filed by the agency as part of the record. Upon motion of any defendant, or upon its own motion, the court may require of the plaintiff a specification of the errors relied upon for reversal.
3-108.Pleadings and record on review.
Article III. Administrative Review · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 3-108 spells out what a complaint for administrative review must contain, requires the agency to answer by filing the certified record of its proceedings, and explains what makes up the record when a case is remanded and then reviewed again.
Full Text of 735 ILCS 5/3-108
(b) Answer. Except as herein otherwise provided, the administrative agency shall file an answer which shall consist of the original or a certified copy of the entire record of proceedings under review, including such evidence as may have been heard by it and the findings and decisions made by it. By order of court or by stipulation of all parties to the review, the record may be shortened by the elimination of any portion thereof. If the complaint specifies that none or only a part of the transcript of evidence shall be filed as part of the answer and if the administrative agency or any other defendant objects thereto, the court shall hear the parties upon this question and make a finding as to whether all, or if less than all, what parts of the transcript shall be included in the answer. No pleadings other than as herein enumerated shall be filed by any party unless required by the court.
(c) Record after remandment. If the cause is remanded to the administrative agency and a review shall thereafter be sought of the administrative decision, the original and supplemental record, or so much thereof as shall be determined by court order or the stipulation of all the parties, shall constitute the record on review.
Plain-English Summary
Subsection (a) sets the complaint's contents: a statement of the decision, or the part of the decision, being reviewed, and a specification of whether the transcript of evidence (or what portion of it) should be filed by the agency as part of the record. On motion by any defendant, or on its own motion, the court may require the plaintiff to specify the errors relied on for reversal.
Subsection (b) sets the agency's answer: the original or a certified copy of the entire record of proceedings under review, including the evidence heard and the findings and decisions made. The record can be shortened by court order or by the parties' stipulation. If the complaint asks that none or only part of the transcript be filed, and the agency or another defendant objects, the court hears the parties and decides what parts of the transcript belong in the answer. No pleadings beyond what the section lists may be filed unless the court requires them.
Subsection (c) covers a case sent back to the agency and then brought up for review again: the original record plus the supplemental record — or as much of each as the court orders or the parties stipulate — makes up the record on that later review.
Frequently Asked Questions
What must a complaint for administrative review include?
A statement of the decision, or the part of it, being reviewed, and a specification of whether the transcript of evidence, or what portion of it, the agency should file as part of the record.
What does an administrative agency have to file as its answer?
The original or a certified copy of the entire record of proceedings under review, including the evidence heard and the findings and decisions made, unless the record is shortened by court order or stipulation.
Can the record be shortened instead of filing the entire proceeding transcript?
Yes. The court can order the record shortened, or all parties can stipulate to eliminating part of it.
What happens if the agency objects to leaving out part of the transcript?
The court hears the parties on the question and makes a finding as to whether all, or which parts, of the transcript should be included in the answer.
What record applies if the case was remanded to the agency and then reviewed again?
The original record plus the supplemental record generated after remand, or so much of each as the court orders or the parties stipulate, constitutes the record on that later review.
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: administrative review complaint requirements illinoisagency answer record of proceedings illinoisrecord on remand administrative review illinoistranscript administrative review illinois