If the statute under authority of which the administrative decision was entered provides or requires that the plaintiff in the review proceeding shall pay to the agency the costs of preparing and certifying the record of proceedings before the agency, the failure to make that payment shall relieve the agency of the necessity of filing the answer required in Section 3-108 of this Act and shall be authority for the entry of an order by the court, on motion therefor by the agency or any other defendant, dismissing the complaint and (in the case of an administrative decision which requires the payment of money) entering a judgment against the plaintiff and in favor of the administrative agency for the amount shown by the administrative decision that is involved to be due, and for costs.
3-109.Costs of preparing and certifying record of proceedings before agency.
Article III. Administrative Review · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 3-109 lets a court dismiss a review action and enter judgment against the plaintiff when the governing statute requires paying the agency's record-preparation costs and the plaintiff doesn't pay, relieving the agency of its duty to answer.
Full Text of 735 ILCS 5/3-109
Plain-English Summary
Section 3-109 applies when the statute under which the agency's decision was made requires or provides that the plaintiff pay the agency the costs of preparing and certifying the record of proceedings. If the plaintiff doesn't make that payment, the agency is relieved of the duty to file the answer that Section 3-108 otherwise requires.
That failure also authorizes the court, on motion by the agency or any other defendant, to enter an order dismissing the complaint. And where the administrative decision under review required the payment of money, the same order can enter judgment against the plaintiff and in favor of the agency for the amount the decision shows is due, plus costs.
Frequently Asked Questions
What happens if I don't pay for the agency's record when the statute requires it?
The agency is relieved of its duty to file the answer Section 3-108 requires, and the court may, on motion, dismiss the complaint.
Does the agency still have to answer if I don't pay the record costs?
No. The failure to pay relieves the agency of the answer obligation set out in Section 3-108.
Can a court enter a money judgment against me under this section?
Yes, where the administrative decision under review required the payment of money. In that situation, the same order that dismisses the complaint can enter judgment against the plaintiff for the amount shown due, plus costs.
Who decides whether the complaint gets dismissed for nonpayment?
The court, on motion by the agency or any other defendant.
Does this section apply to every administrative review action?
Only where the particular statute under which the administrative decision was entered provides or requires that the plaintiff pay the agency's costs of preparing and certifying the record.
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: record preparation costs administrative review illinoisdismissal for nonpayment administrative review illinoisjudgment against plaintiff administrative review illinois