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Illinois Compiled Statutes

5 ILCS 100/10-40 (2026)

Rules of evidence; official notice

✓ current as of May 2026
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(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
    Sec. 10-40. Rules of evidence; official notice. In contested cases:
    (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.
    (b) Subject to the evidentiary requirements of subsection (a) of this Section, a party may conduct cross-examination required for a full and fair disclosure of the facts.
    (c) Notice may be taken of matters of which the circuit courts of this State may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
(Source: P.A. 99-78, eff. 7-20-15.)

    
Notes of Decisions
Cited in 29 cases (7 in the last 5 years), 1996–2026 · leading case: Cochrane's of Champaign, Inc. v. Illinois Liquor Control Comm'n, 673 N.E.2d 1176 (Ill. App. Ct. 1996).
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Cochrane's of Champaign, Inc. v. Illinois Liquor Control Comm'n, 673 N.E.2d 1176 (Ill. App. Ct. 1996). · cites it 3× “Rather, it argues section 10-40 of the Illinois Administrative Procedure Act (Procedure Act) (5 ILCS 100/10-40 (West 1992)) applies to these proceedings through section 3-13 of the Liquor Control Act of 1934 (Liquor Act) (235 ILCS 5/3-13 (West 1992)), and the former allows…”
Danigeles v. Illinois Dep't of Fin. & Prof'l Reg., 2015 IL App (1st) 142622 (Ill. App. Ct. 2015). “According to the Illinois Administrative Procedure Act (5 ILCS 100/10-40(a) (West 2012)), "Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.”
Save Our Illinois Land v. Illinois Com. Comm'n, 2022 IL App (4th) 210008 (Ill. App. Ct. 2022). “” 5 ILCS 100/10-40(a) (West 2020); 83 Ill. Adm.”
Montalbano v. Dep't of Child. & Fam. Servs., 797 N.E.2d 1078 (Ill. App. Ct. 2003). “" 5 ILCS 100/10-40(a) (West 2000). The Department's rules grant an ALJ the authority to "conduct a fair, impartial[,] and formal hearing in which the strict rules of evidence do not apply.”
Julie Q. v. Dep't of Child. & Fam. Servs., 2011 IL App (2d) 100643 (Ill. App. Ct. 2011). “” 5 ILCS 100/10-40(a) (West 2008). Evidence inadmissible under those rules is admissible only “if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.”
Perez v. The Illinois Concealed Carry Licensing Review Bd., 2016 IL App (1st) 152087 (Ill. App. Ct. 2016). “” 5 ILCS 100/10-40(a) (West 2014). The language of the Act establishes the intent to permit the admission of hearsay evidence before the Board for considering a concealed carry license application.”
Perez v. Illinois Concealed Carry Licensing Review Bd., 2016 IL App (1st) 152087 (Ill. App. Ct. 2016). “” 5 ILCS 100/10-40(a) (West 2014). The language of the Act establishes the intent to permit the admission of hearsay evidence before the Board for considering a concealed carry license application.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). · cites it 2× “” 5 ILCS 100/10-40(c) (West 2012); 35 Ill. Adm.”
Jankovich v. Illinois State Police, 2017 IL App (1st) 160706 (Ill. App. Ct. 2017). “2d 76, 94 (1992); see also 5 ILCS 100/10-40(a) (West 2014) (in administrative proceedings, agencies should follow rules of evidence applicable in civil cases in circuit courts).”
Julie Q. v. Dep't of Fam. Servs., 963 N.E.2d 401 (Ill. App. Ct. 2011). “" 5 ILCS 100/10-40(a) (West 2008). Evidence inadmissible under those rules is admissible only "if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.”
Jankovich v. The Illinois State Police, 2017 IL App (1st) 160706 (Ill. App. Ct. 2017). “2d 76, 94 (1992); see also 5 ILCS 100/10-40(a) (West 2014) (in administrative proceedings, agencies should follow rules of evidence applicable in civil cases in circuit courts).”
Bd. of Educ. of Deerfield Pub. Schs. Dist. No. 109 v. Deerfield Educ. Ass'n, IEA-NEA, 2022 IL App (4th) 210359 (Ill. App. Ct. 2022). “”); 5 ILCS 100/10-40(a) (West 2018) (“The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed.”
Show all 29 citing cases →
— 5 ILCS 100/10-40(a) — 22 cases
Danigeles v. Illinois Dep't of Fin. & Prof'l Reg., 2015 IL App (1st) 142622 (Ill. App. Ct. 2015). “According to the Illinois Administrative Procedure Act (5 ILCS 100/10-40(a) (West 2012)), "Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.”
Save Our Illinois Land v. Illinois Com. Comm'n, 2022 IL App (4th) 210008 (Ill. App. Ct. 2022). “” 5 ILCS 100/10-40(a) (West 2020); 83 Ill. Adm.”
Cochrane's of Champaign, Inc. v. Illinois Liquor Control Comm'n, 673 N.E.2d 1176 (Ill. App. Ct. 1996). “Rather, it argues section 10-40 of the Illinois Administrative Procedure Act (Procedure Act) (5 ILCS 100/10-40 (West 1992)) applies to these proceedings through section 3-13 of the Liquor Control Act of 1934 (Liquor Act) (235 ILCS 5/3-13 (West 1992)), and the former allows…”
Montalbano v. Dep't of Child. & Fam. Servs., 797 N.E.2d 1078 (Ill. App. Ct. 2003). “" 5 ILCS 100/10-40(a) (West 2000). The Department's rules grant an ALJ the authority to "conduct a fair, impartial[,] and formal hearing in which the strict rules of evidence do not apply.”
Julie Q. v. Dep't of Child. & Fam. Servs., 2011 IL App (2d) 100643 (Ill. App. Ct. 2011). “” 5 ILCS 100/10-40(a) (West 2008). Evidence inadmissible under those rules is admissible only “if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.”
— 5 ILCS 100/10-40(c) — 4 cases
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “” 5 ILCS 100/10-40(c) (West 2012); 35 Ill. Adm.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016).
Siddiqui v. Dep't of Prof'l Reg. (Ill. App. Ct. 1999).
Dimensions Med. Ctr., Ltd. v. Elmhurst Outpatient Surgery Ctr., L.L.C. (Ill. App. Ct. 1999).
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