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Illinois Compiled Statutes

5 ILCS 100/10-45 (2026)

Proposal for decision

✓ current as of May 2026
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(5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
    Sec. 10-45. Proposal for decision. Except where otherwise expressly provided by law, when in a contested case a majority of the officials of the agency who are to render the final decision has not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and to present a brief and, if the agency so permits, oral argument to the agency officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision and shall be prepared by the persons who conducted the hearing or one who has read the record.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 5 cases, 1999–2009 · leading case: Ress v. Off. of the State Comptroller, 768 N.E.2d 255 (Ill. App. Ct. 2002).
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Ress v. Off. of the State Comptroller, 768 N.E.2d 255 (Ill. App. Ct. 2002). “the issue, he cannot claim that he was denied notice and an opportunity to be heard when he received the hearing officer's proposal for decision, chose not to file an exception to the decision with the Commission, and then issued a letter that he objected to any further oral…”
City of Chicago v. Labor Relations Bd. Local Panel & Int'l Bhd. of Teamsters, Local 743 (Ill. App. Ct. 2009). · cites it 2× “The City lastly argues that the Board’s procedure allowing the Executive Director to certify the Teamsters as the exclusive representative of the petitioned-for unit without a hearing violated sections 10-45 and 10-50 of the Illinois Administrative Procedure Act (Procedure Act)…”
Ress v. Off. of the State Comptroller (Ill. App. Ct. 2002). “the issue, he cannot claim that he was denied notice and an opportunity to be heard when he received the hearing officer's proposal for decision, chose not to file an exception to the decision with the Commission, and then issued a letter that he objected to any further oral…”
USX Corp. v. White (Ill. App. Ct. 2004). “Third, whether, for purposes of determining franchise taxes, the Secretary's failure to apply the aggregation rule to USX's reverse triangular merger was a denial of equal protection and a violation of the uniformity clause under the United States and Illinois Constitutions.”
Siddiqui v. Dep't of Prof'l Reg. (Ill. App. Ct. 1999). “See 225 ILCS 60/40 (West 1992); 5 ILCS 100/10-45 (West 1992). For all of the above reasons, we affirm.”
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