Illinois Compiled Statutes
5 ILCS 100/10-15 (2026)
Standard of proof
✓ current as of May 2026
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(5 ILCS 100/10-15)
(from Ch. 127, par. 1010-15)
Sec. 10-15.
Standard of proof.
Unless otherwise provided by law or
stated in the agency's rules, the standard of proof in any contested case
hearing conducted under this Act by an agency shall be the preponderance of
the evidence.
(Source: P.A. 87-823.)
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 2005–2022 · leading case: Van Dyke v. White, 2016 IL App (4th) 141109 (Ill. App. Ct. 2016).
Van Dyke v. White, 2016 IL App (4th) 141109 (Ill. App. Ct. 2016). “Findings of Fraud ¶ 33 Van Dyke argues the Department failed to prove fraud and it acted arbitrarily or, in the alternative, any findings of fraud are against the manifest weight of the evidence.”
Van Dyke v. White, 2016 IL App (4th) 141109 (Ill. App. Ct. 2016). “Findings of Fraud ¶ 33 Van Dyke argues the Department failed to prove fraud and it acted arbitrarily or, in the alternative, any findings of fraud are against the manifest weight of the evidence.”
Citizens Util. Bd. v. Illinois Com. Comm'n, 2018 IL App (1st) 170527 (Ill. App. Ct. 2018). “5 ILCS 100/10-15 (West 2016) (stating under the Illinois Administrative Procedure Act that "[u]nless otherwise provided by law or stated in the agency's rules, the standard of proof in any contested case hearing conducted under this Act by an agency shall be the preponderance of…”
The Bd. of Educ. of Du Page High Sch. Dist. 88 v. Pollastrini, 2013 IL App (2d) 120460 (Ill. App. Ct. 2013). “See 5 ILCS 100/10-15 (West 2010). The party bearing the burden of proof retains throughout the proceedings the -8- burden of persuasion as to the facts underlying its claim.”
Citizens Util. Bd. v. Illinois Com. Comm'n, 2015 IL App (2d) 130817 (Ill. App. Ct. 2015). “CUB contends that section 10-15 of the Illinois Administrative Procedure Act (5 ILCS 100/10-15 (West 2012)) defines the standard of proof to be applied to hearings under the Act.”
Citizens Util. Bd. v. Illinois Com. Comm'n, 2018 IL App (1st) 170527 (Ill. App. Ct. 2019). “5 ILCS 100/10-15 (West 2016) (stating under the Illinois Administrative Procedure Act that “[u]nless otherwise provided by law or stated in the agency’s rules, the standard of proof in any contested case hearing conducted under this Act by an agency shall be the preponderance of…”
Vill. of Northbrook v. The Bd. of Trs. of the Vill. of Northbrook Firefighter Pension Fund, 2022 IL App (1st) 220277-U (Ill. App. Ct. 2022). “5 ILCS 100/10-15 (West 2016); Slocum v. Board of Trustees of State Universities Retirement System, 2013 IL App (4th) 130182 , ¶ 26; see also Olson v.”
Bd. of Educ. v. Bd. of Sch. Trs., 969 N.E.2d 431 (Ill. App. Ct. 2012). “See 5 ILCS 100/10-15 (West 2008). The party bearing the burden of proof retains throughout the proceedings the burden of persuasion as to the facts underlying its claim.”
Burle v. Reg'l Bd. of Sch. Trs. of Educ. No. 35 LaSalle, Marshall &anp Putnam Counties, 2021 IL App (3d) 200306 (Ill. App. Ct. 2021). “See 5 ILCS 100/10-15 (West 2018). “ ‘A prima facie case is established by evidence that would enable the trier of fact to find each element of the cause of action more probably true than not’ .”
Maplewood Care, Inc. v. Arnold, 2013 IL App (1st) 120602 (Ill. App. Ct. 2013). “”); 5 ILCS 100/10-15 (West 2008) (“Unless otherwise provided by law or stated in the agency’s rules, the standard of proof in any contested case hearing conducted under this Act by an agency shall be the preponderance of 1 This finding is not at issue in this appeal.”
Slocum v. The Bd. of Trs. of the State Universities Ret. Sys., 2013 IL App (1st) 130182 (Ill. App. Ct. 2014). “5 ILCS 100/10-15 (West 2012). “With administrative cases, this court reviews the administrative agency’s decision, not the circuit court’s.”
Citizens Util. Bd. v. Illinois Com. Comm'n, 2015 IL App (2d) 130817 (Ill. App. Ct. 2015). “CUB contends that section 10-15 of the Illinois Administrative Procedure Act (5 ILCS 100/10-15 (West 2012)) defines the standard of proof to be applied to hearings under the Act.”
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