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Illinois Compiled Statutes

5 ILCS 100/10-35 (2026)

Record in contested cases

✓ current as of May 2026
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(5 ILCS 100/10-35) (from Ch. 127, par. 1010-35)
    Sec. 10-35. Record in contested cases.
    (a) The record in a contested case shall include the following:
        (1) All pleadings (including all notices and
    
responses thereto), motions, and rulings.
        (2) All evidence received.
        (3) A statement of matters officially noticed.
        (4) Any offers of proof, objections, and rulings
    
thereon.
        (5) Any proposed findings and exceptions.
        (6) Any decision, opinion, or report by the
    
administrative law judge.
        (7) All staff memoranda or data submitted to the
    
administrative law judge or members of the agency in connection with their consideration of the case that are inconsistent with Section 10-60.
        (8) Any communication prohibited by Section 10-60.
    
No such communication shall form the basis for any finding of fact.
    (b) Oral proceedings or any part thereof shall be recorded stenographically or by other means that will adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on the request of any party.
    (c) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1993–2026 · leading case: Apple Canyon Lake Prop. Owners' Ass'n v. Illinois Com. Comm'n, 2013 IL App (3d) 100832 (Ill. App. Ct. 2013).
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Apple Canyon Lake Prop. Owners' Ass'n v. Illinois Com. Comm'n, 2013 IL App (3d) 100832 (Ill. App. Ct. 2013). · cites it 5× “¶ 40 It is true that the Commission must base its factual findings on the evidence and on matters officially noticed (5 ILCS 100/10-35 (West 2008)) and that nothing can be treated as evidence unless it is introduced as evidence and satisfies the threshold evidentiary…”
Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024). · cites it 4× “Way, 2017 IL 120023, ¶ 33 ; see 5 ILCS 100/10-35(a)(4) (West 2022) (“The record in a contested case shall include *** [a]ny offers of proof, objections, and rulings thereon.”
Morgan v. Dep't of Fin. & Prof'l Reg., 903 N.E.2d 799 (Ill. App. Ct. 2009). · cites it 2× “its contention that the ALJ was entitled to a transcript to use in preparing his report, the Department cites section 19 of the Clinical Psychologist Licensing Act (225 ILCS 15/19 (West 2004)), which states that the Department, at its expense, shall preserve a record of all…”
Applegate v. State of Ill. Dept. of Transp., 783 N.E.2d 96 (Ill. App. Ct. 2003). “Administrative Procedure Act As a ground for affirming the circuit court's order and reversing the Department's decision, Applegate cites the Department's failure to follow section 10-35(b) of the Administrative Procedure Act (5 ILCS 100/10-35(b) (West 1998)). Applegate argues a…”
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). “See 5 ILCS 100/10-35 (West 2020). Dr. Sharma references specific language in section 22(A)(12) that provides “a certified copy of the record of the action taken by the other state or jurisdiction being prima facie evidence thereof.”
Vill. of Montgomery v. Illinois Com. Comm'n, 618 N.E.2d 1295 (Ill. App. Ct. 1993). “1011 (now codified, as amended, at 5 ILCS 100/ 10-35 (West 1992)). The ex parte rules of the Procedure Act expressly proscribe direct and indirect communications between agency members, employees or hearing examiners and any person or party, following notice of hearing in a…”
Sharp v. The Bd. of Trs. of the State Employees' Ret. Sys., 2014 IL App (4th) 130125 (Ill. App. Ct. 2014). “270(d)(10)(B) (2008)) in direct conflict with the Illinois Administrative Procedure Act (5 ILCS 100/10-35(b) (West 2010)), i.e., requiring a bystander's report of its hearings in lieu of a verbatim transcript.”
Applegate v. State of Illinois Dep't of Transp., 335 Ill. App. 3d 1056 (Ill. App. Ct. 2002). “Administrative Procedure Act As a ground for affirming the circuit court's order and reversing the Department's decision, Applegate cites the Department's failure to follow section 10-35(b) of the Administrative Procedure Act (5 ILCS 100/10-35(b) (West 1998)). Applegate argues a…”
Sharp v. The Bd. of Trs. of the State Employees' Ret. Sys., 2014 IL App (4th) 130125 (Ill. App. Ct. 2014). “270(d)(10)(B) (2008)) in direct conflict with the Illinois Administrative Procedure Act (5 ILCS 100/10-35(b) (West 2010)), i.e., requiring a bystander’s report of its hearings in lieu of a verbatim transcript.”
Cmty. Living Options, Inc. v. The Dep't of Pub. Health, 2013 IL App (4th) 121056 (Ill. App. Ct. 2013). “” 5 ILCS 100/10-35(a)(7), (8) (West 2008). See also 77 Ill.”
Citizens United for Responsible Energy Dev. NFP v. Illinois Com. Comm'n, 2026 IL App (5th) 250022 (Ill. App. Ct. 2026). · cites it 2× “Finally, CURED argues that the Commission decision finding that ATXI was “capable of financing the proposed construction without significant adverse financial consequences for the utility or its customers” relied on matters outside the record in violation of section 10-103 of…”
— 5 ILCS 100/10-35(a)(4) — 1 case
Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024). “Way, 2017 IL 120023, ¶ 33 ; see 5 ILCS 100/10-35(a)(4) (West 2022) (“The record in a contested case shall include *** [a]ny offers of proof, objections, and rulings thereon.”
— 5 ILCS 100/10-35(a)(7) — 2 cases
Apple Canyon Lake Prop. Owners' Ass'n v. Illinois Com. Comm'n, 2013 IL App (3d) 100832 (Ill. App. Ct. 2013). “¶ 40 It is true that the Commission must base its factual findings on the evidence and on matters officially noticed (5 ILCS 100/10-35 (West 2008)) and that nothing can be treated as evidence unless it is introduced as evidence and satisfies the threshold evidentiary…”
Cmty. Living Options, Inc. v. The Dep't of Pub. Health, 2013 IL App (4th) 121056 (Ill. App. Ct. 2013). “” 5 ILCS 100/10-35(a)(7), (8) (West 2008). See also 77 Ill.”
— 5 ILCS 100/10-35(a)(8) — 1 case
Apple Canyon Lake Prop. Owners' Ass'n v. Illinois Com. Comm'n, 2013 IL App (3d) 100832 (Ill. App. Ct. 2013). “¶ 40 It is true that the Commission must base its factual findings on the evidence and on matters officially noticed (5 ILCS 100/10-35 (West 2008)) and that nothing can be treated as evidence unless it is introduced as evidence and satisfies the threshold evidentiary…”
— 5 ILCS 100/10-35(b) — 4 cases
Applegate v. State of Ill. Dept. of Transp., 783 N.E.2d 96 (Ill. App. Ct. 2003). “Administrative Procedure Act As a ground for affirming the circuit court's order and reversing the Department's decision, Applegate cites the Department's failure to follow section 10-35(b) of the Administrative Procedure Act (5 ILCS 100/10-35(b) (West 1998)). Applegate argues a…”
Sharp v. The Bd. of Trs. of the State Employees' Ret. Sys., 2014 IL App (4th) 130125 (Ill. App. Ct. 2014). “270(d)(10)(B) (2008)) in direct conflict with the Illinois Administrative Procedure Act (5 ILCS 100/10-35(b) (West 2010)), i.e., requiring a bystander's report of its hearings in lieu of a verbatim transcript.”
Applegate v. State of Illinois Dep't of Transp., 335 Ill. App. 3d 1056 (Ill. App. Ct. 2002). “Administrative Procedure Act As a ground for affirming the circuit court's order and reversing the Department's decision, Applegate cites the Department's failure to follow section 10-35(b) of the Administrative Procedure Act (5 ILCS 100/10-35(b) (West 1998)). Applegate argues a…”
Sharp v. The Bd. of Trs. of the State Employees' Ret. Sys., 2014 IL App (4th) 130125 (Ill. App. Ct. 2014). “270(d)(10)(B) (2008)) in direct conflict with the Illinois Administrative Procedure Act (5 ILCS 100/10-35(b) (West 2010)), i.e., requiring a bystander’s report of its hearings in lieu of a verbatim transcript.”
— 5 ILCS 100/10-35(c) — 3 cases
Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024). “Way, 2017 IL 120023, ¶ 33 ; see 5 ILCS 100/10-35(a)(4) (West 2022) (“The record in a contested case shall include *** [a]ny offers of proof, objections, and rulings thereon.”
Apple Canyon Lake Prop. Owners' Ass'n v. Illinois Com. Comm'n, 2013 IL App (3d) 100832 (Ill. App. Ct. 2013). “¶ 40 It is true that the Commission must base its factual findings on the evidence and on matters officially noticed (5 ILCS 100/10-35 (West 2008)) and that nothing can be treated as evidence unless it is introduced as evidence and satisfies the threshold evidentiary…”
Citizens United for Responsible Energy Dev. NFP v. Illinois Com. Comm'n, 2026 IL App (5th) 250022 (Ill. App. Ct. 2026). “Finally, CURED argues that the Commission decision finding that ATXI was “capable of financing the proposed construction without significant adverse financial consequences for the utility or its customers” relied on matters outside the record in violation of section 10-103 of…”
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