3-113.Direct review of administrative orders by the appellate court.
Article III. Administrative Review · Last amended 2008 · Last verified July 20, 2026
In one sentenceSection 3-113 lets a party seek direct review of a final agency decision in the appellate court, by filing a petition for review within 35 days of service, naming the agency and all other parties of record as respondents.
(a)Unless another time is provided specifically by the law
authorizing the review, an action for direct review of a final administrative decision of an administrative agency by the appellate court shall be commenced by the filing of a petition for review in the appellate court 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. 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.
(b)The petition for review shall be filed in the appellate court and shall specify the parties seeking review and shall designate the respondent and the order or part thereof to be reviewed. The administrative agency and all persons, other than the petitioner, who were parties of record to the proceedings before the administrative agency shall be made respondents. 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.
If, during the course of a review action, the court determines that an agency or a party of record to the administrative proceedings was not made a defendant as required by the preceding paragraph, then the court shall grant the plaintiff 35 days from the date of the determination in which to name and serve the unnamed agency or party as a defendant. The court shall permit the newly served defendant to participate in the proceedings to the extent the interests of justice may require.
(c)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
Subsection (a) sets the deadline for this alternate review track: unless another time is provided specifically by the law authorizing the review, an action for direct review of a final agency decision by the appellate court has to be commenced by filing a petition for review within 35 days from the date a copy of the decision was served on the affected party. Where the governing act doesn't specify a method of service, the decision is deemed served either on personal delivery or on deposit in the mail, in a sealed, postage-prepaid envelope, addressed to the party's last known residence or place of business.
Subsection (b) sets what the petition must do: specify the parties seeking review, and designate the respondent and the order or part of it being reviewed. The administrative agency and every other person who was a party of record before the agency, other than the petitioner, must be made respondents, with the same default service-of-decision rules and Supreme Court summons-form rules that apply elsewhere in this Article. If the court determines during the case that a required agency or party of record wasn't made a respondent, it grants 35 days from that determination to name and serve the missing party, who can then participate to the extent the interests of justice require.
Subsection (c) notes that the changes made by the 95th General Assembly's amendatory act apply to all actions filed on or after that act's effective date. This direct-review track exists alongside, not instead of, circuit court review under Sections 3-102 through 3-112 — it applies only where the law authorizing review for the particular agency provides for this appellate route.
Frequently Asked Questions
How does direct review in the appellate court differ from circuit court review?
Direct review under this section skips circuit court entirely and goes straight to the appellate court, by petition for review rather than a complaint filed in the circuit court under Section 3-103.
How long do I have to file a petition for direct appellate court review?
35 days from the date a copy of the decision was served on the affected party, unless another time is specifically provided by the law authorizing the review.
Who must be named as a respondent in a petition for direct review?
The administrative agency and every other person who was a party of record before the agency, other than the petitioner.
What happens if I forget to name a required respondent?
The court grants 35 days from the date it determines a required agency or party of record was omitted to name and serve that party, who can then participate to the extent the interests of justice require.
Is direct appellate court review always available for a final agency decision?
No. Section 3-113 applies to review "unless another time is provided specifically by the law authorizing the review," which signals that this direct-review track applies only where the statute governing the particular agency authorizes it; otherwise, review proceeds through the circuit court framework in Sections 3-101 through 3-112.
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
Also known as:direct appellate court review illinois administrativepetition for review appellate court illinois35 day appellate review illinois administrative agency