ILCS » Chapter 5 · Act 100

5 ILCS 100/1-70

"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

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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: Northwestern Illinois Area Agency on Aging v. Basta
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Northwestern Illinois Area Agency on Aging v. Basta (2022) illappct · 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. Director of Illinois Environmental Protection Agency (2005) ill · 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 SERVICE COM'N OF STATE (1997) ill “The Commission argues that these procedures satisfy section 8b.”
Applegate v. STATE OF ILL. DEPT. OF TRANSP. (2003) illappct “Therefore, the Administrative Procedure Act did not require the Department to make a record of Applegate's grievance hearing.”
Shempf v. Chaviano (2019) illappct “" 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) illappct “” 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…”
Northern Illinois Gas Co. v. The Illinois Commerce Commission (2025) illappct · 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 Board (2017) illappct · 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 Department of Transportation (2002) illappct “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 Technologies, Inc. v. Illinois Commerce Commission (2014) illappct “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 Board (2017) illappct · 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 Board (2017) illappct · 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.”
Show all 22 citing cases →
— 5 ILCS 100/1-70(i) — 1 case
Alternate Fuels, Inc. v. Director of Illinois Environmental Protection Agency (2005) ill “" 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 Technologies, Inc. v. Illinois Commerce Commission (2014) illappct “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 Technologies, Inc. v. Illinois Commerce Commission (2014) illappct
Securus Technologies, Inc. v. Illinois Commerce Commission (2014) illappct
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