ILCS » Chapter 225 · Act 60
Illinois Compiled Statutes

225 ILCS 60/41 (2026)

Administrative review; certification of record

✓ current as of May 2026
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(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 41. Administrative review; certification of record.
    (a) All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of this State, the venue shall be in Sangamon County.
    (c) The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action the sanctions imposed upon the accused by the Department because of acts or omissions related to the delivery of direct patient care as specified in the Department's final administrative decision, shall as a matter of public policy remain in full force and effect in order to protect the public pending final resolution of any of the proceedings.
(Source: P.A. 102-20, eff. 1-1-22.)

    
Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 1994–2025 · leading case: Anderson v. Dep't of Prof'l Reg., 810 N.E.2d 228 (Ill. App. Ct. 2004).
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Anderson v. Dep't of Prof'l Reg., 810 N.E.2d 228 (Ill. App. Ct. 2004). “The court also found that the Department had failed to present proof as to the standard of care and whether Dr. Anderson deviated from it in a manner that would constitute gross negligence.”
Obasi v. Dep't of Prof'l Reg., 639 N.E.2d 1318 (Ill. App. Ct. 1994). “Finally, the Act provides that all final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law (Ill.”
Kafin v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2012 IL App (1st) 111875 (Ill. App. Ct. 2012). “225 ILCS 60/41 (West 2008). Pursuant to administrative review law, we review the administrative agency’s decision, not the circuit court’s determination.”
Sharma v. Div. of Prof'l Reg. of the Illinois Dep't of Fin. & Prof'l Reg., 2023 IL App (3d) 220095 (Ill. App. Ct. 2023). “225 ILCS 60/41 (West 2020). Such review shall extend to all questions of law and fact presented by the entire record before the court, and thus, no new or additional evidence shall be heard.”
Nwaokocha v. Illinois Dep't of Fin. & Prof'l Reg., 2018 IL App (1st) 162614 (Ill. App. Ct. 2018). “225 ILCS 60/41 (West 2014). The Administrative Review Law provides that this court may review “all questions of law and fact presented by the entire record,” but may not consider new or additional evidence in making its determination.”
People v. Cully, 675 N.E.2d 1017 (Ill. App. Ct. 1997). “Section 41 of the Act (225 ILCS 60/41 (West 1994)) specifically provides for judicial review of all final administrative decisions pursuant to the Administrative Review Law (735 ILCS 5/3—101 et seq.”
Nwaokocha v. Illinois Dep't of Fin. & Prof'l Reg., 2018 IL App (1st) 162614 (Ill. App. Ct. 2018). “¶ 51 Final administrative decisions made by the Department pursuant to the Act are subject to judicial review under the provisions of the Administrative Review Law ( 735 ILCS 5/3-101 et seq.”
Vasanwala v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (4th) 220933 (Ill. App. Ct. 2024). “” 225 ILCS 60/41(a) (West 2022). “Under the Administrative Review Law, courts may only -5- judicially review an administrative decision that both (1) ‘affects the legal rights, duties or privileges of parties,’ and (2) ‘terminates the proceedings before the administrative agency.”
Leone v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (4th) 220753 (Ill. App. Ct. 2024). “Division of Professional Regulation of Department of Financial & Professional Regulation, 2023 IL App (3d) 220095, ¶ 16 (citing 225 ILCS 60/41 (West 2020)). “Review extends to all questions of law and fact presented by the record.”
Vasanwala v. The Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2023 IL App (4th) 220933-U (Ill. App. Ct. 2023). “” 225 ILCS 60/41 (West 2022). “Under the Administrative Review Law, courts may only judicially review an administrative decision that both (1) ‘affects the legal rights, duties or privileges of parties,’ and (2) ‘terminates the proceedings before the administrative agency.”
Olefsky v. Illinois Dep't of Fin. & Prof'l Reg., 2020 IL App (1st) 191059-U (Ill. App. Ct. 2020). “(West 2014); 225 ILCS 60/41(a) (West 2014). While our review extends to all questions of law and fact presented by the record (735 ILCS 5/3-110 (West 2014)), “[i]n administrative cases, our role is to review the decision of the administrative agency, not the determination of the…”
Khungar v. Dep't of Fin. & Prof'l Reg., 2021 IL App (1st) 200077-U (Ill. App. Ct. 2021). “225 ILCS 60/41(a) (West 2018); 735 ILCS 5/3-101 et seq.”
Show all 15 citing cases →
— 225 ILCS 60/41(a) — 4 cases
Vasanwala v. Div. of Prof'l Reg. of the Dep't of Fin. & Prof'l Reg., 2024 IL App (4th) 220933 (Ill. App. Ct. 2024). “” 225 ILCS 60/41(a) (West 2022). “Under the Administrative Review Law, courts may only -5- judicially review an administrative decision that both (1) ‘affects the legal rights, duties or privileges of parties,’ and (2) ‘terminates the proceedings before the administrative agency.”
Olefsky v. Illinois Dep't of Fin. & Prof'l Reg., 2020 IL App (1st) 191059-U (Ill. App. Ct. 2020). “(West 2014); 225 ILCS 60/41(a) (West 2014). While our review extends to all questions of law and fact presented by the record (735 ILCS 5/3-110 (West 2014)), “[i]n administrative cases, our role is to review the decision of the administrative agency, not the determination of the…”
Khungar v. Dep't of Fin. & Prof'l Reg., 2021 IL App (1st) 200077-U (Ill. App. Ct. 2021). “225 ILCS 60/41(a) (West 2018); 735 ILCS 5/3-101 et seq.”
Issa v. Illinois Dep't of Prof'l Reg., 2025 IL App (1st) 241014-U (Ill. App. Ct. 2025).
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