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(735 ILCS 5/3-113)
Sec. 3-113. Direct review of administrative orders by the appellate court.
(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. (Source: P.A. 95-831, eff. 8-14-08.)
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