Illinois Compiled Statutes

5 ILCS 100/1-70 (2026)

"Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) informal advisory rulings issued under Section 5-150, (iii) intra-agency memoranda, (iv) the prescription of standardized forms, (v) documents prepared or filed or actions taken by the Legislative Reference Bureau under Section 5

✓ current as of May 2026
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(5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
    Sec. 1-70. "Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) informal advisory rulings issued under Section 5-150, (iii) intra-agency memoranda, (iv) the prescription of standardized forms, (v) documents prepared or filed or actions taken by the Legislative Reference Bureau under Section 5.04 of the Legislative Reference Bureau Act, or (vi) guidance documents prepared by the Illinois Environmental Protection Agency under Section 39.5 or subsection (s) of Section 39 of the Environmental Protection Act.
(Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)

    
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1997–2026 · leading case: Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022).
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). · cites it 6× “” 5 ILCS 100/1-70 (West 2020). However, the term does not include “statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency,” “informal advisory rulings,” “intra-agency…”
Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005). · cites it 2× “" 5 ILCS 100/1-70 (West 2002). AFI has failed to demonstrate that the Agency's interpretation of "discarded material" as "any material which is not being utilized for its intended purpose" is "a statement of general applicability.”
Denton v. Civil Serv. Com'n of State, 679 N.E.2d 1234 (Ill. 1997). “The Commission argues that these procedures satisfy section 8b.”
Applegate v. State of Ill. Dept. of Transp., 783 N.E.2d 96 (Ill. App. Ct. 2003). “Therefore, the Administrative Procedure Act did not require the Department to make a record of Applegate's grievance hearing.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “" And even if we interpreted the publication of prevailing wage rates as a "rule" under the Administrative Procedure Act (see 5 ILCS 100/1-70 (West 2016) ), an issue we need not decide, the whole point of the mandamus count was that the Department hadn't published those rates…”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “” And even if we interpreted the publication of prevailing wage rates as a “rule” under the Administrative Procedure Act (see 5 ILCS 100/1-70 (West 2016)), an issue we need not decide, the whole point of the mandamus count was that the Department had not published those rates…”
N. Illinois Gas Co. v. The Illinois Com. Comm'n, 2025 IL App (3d) 240093 (Ill. App. Ct. 2025). · cites it 2× “See 5 ILCS 100/1-70 (West 2022) (defining the term “rule” in the context of administrative agencies).”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 2× “) 5 ILCS 100/1-70 (West 2014). “An interpretive rule is any rule an agency issues without exercising delegated legislative power to make law through rules.”
Applegate v. State of Illinois Dep't of Transp., 335 Ill. App. 3d 1056 (Ill. App. Ct. 2002). “2d 1330, 1335 (1995) (agency is not bound by statements in internal manual not adopted in compliance with the Administrative Procedure Act); 5 ILCS 100/1-70 (West 1998) (defining "rule" for purposes of Administrative Procedure Act to exclude agency statements concerning only the…”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). “See also 5 ILCS 100/1-70(ii) (West 2012) (a "rule" does not include "informal advisory rulings issued under Section 5-150" of the Administrative Procedure Act).”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 3× “) 5 ILCS 100/1-70 (West 2014). “An interpretive rule is any rule an agency issues without exercising delegated legislative power to make law through rules.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). · cites it 3× “) 5 ILCS 100/1-70 (West 2014). “An interpretive rule is any rule an agency issues without exercising delegated legislative power to make law through rules.”
— 5 ILCS 100/1-70(i) — 1 case
Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005). “" 5 ILCS 100/1-70 (West 2002). AFI has failed to demonstrate that the Agency's interpretation of "discarded material" as "any material which is not being utilized for its intended purpose" is "a statement of general applicability.”
— 5 ILCS 100/1-70(ii) — 3 cases
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). “See also 5 ILCS 100/1-70(ii) (West 2012) (a "rule" does not include "informal advisory rulings issued under Section 5-150" of the Administrative Procedure Act).”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014).
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014).
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