ILCS » Chapter 20 · Act 105
Illinois Compiled Statutes

20 ILCS 105/5.02 (2026)

The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion

✓ current as of May 2026
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(20 ILCS 105/5.02) (from Ch. 23, par. 6105.02)
    Sec. 5.02. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.
(Source: P.A. 88-45.)

    
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2022 · leading case: Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022).
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Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). · cites it 7× “Moreover, while the Act requires administrative agencies to comply with its rulemaking provisions “[b]efore the adoption, amendment, or repeal of any rule” (5 ILCS 100/5- 35(a) (West 2020)), the Act’s rulemaking provisions do not apply to (1) “a matter relating solely to agency…”
Nyhammer v. Basta, 2022 IL App (2d) 200460 (Ill. App. Ct. 2022). “20 ILCS 105/5.02 (West 2018) (“The provisions of the Illinois Administrative Procedure Act [(5 ILCS 100/1-1 et seq.”
Nyhammer v. Basta, 2022 IL App (2d) 200460-U (Ill. App. Ct. 2022). “20 ILCS 105/5.02 (West 2018) (“The Provisions of the Illinois Administrative Procedure Act [5 ILCS 100/1-1 et seq.”
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