ILCS » Chapter 5 · Act 100
Illinois Compiled Statutes

5 ILCS 100/10-5 (2026)

Rules required for hearings

✓ current as of May 2026
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(5 ILCS 100/10-5) (from Ch. 127, par. 1010-5)
    Sec. 10-5. Rules required for hearings. All agencies shall adopt rules establishing procedures for contested case hearings.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2003–2024 · leading case: Nyhammer v. Basta, 2022 IL 128354 (Ill. 2022).
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Nyhammer v. Basta, 2022 IL 128354 (Ill. 2022). · cites it 4× “See 5 ILCS 100/10-5 (West 2018). In this case, this court is asked to consider whether two agency decisions, both of which are committed to the agency’s discretion, require hearings under these provisions of the Illinois Administrative Procedure Act (Procedure Act) (5 ILCS…”
In Re Abandonment of Wells Located in Illinois, 796 N.E.2d 623 (Ill. App. Ct. 2003). “Section 10-25 of the Act states that in contested cases, the notice of the hearing shall be served "personally or by certified or registered mail or as otherwise provided by law".”
Callahan v. Sledge, 2012 IL App (4th) 110819 (Ill. App. Ct. 2012). “” 5 ILCS 100/10-5 (West -9- 2010). A “contested case” is defined to mean “an adjudicatory proceeding *** in which the individual legal rights, duties, or privileges of a party are required by law to be determined by an agency only after an opportunity for a hearing.”
Rochester Buckhart Action Grp. v. Young, 887 N.E.2d 49 (Ill. App. Ct. 2008). “See 5 ILCS 100/10-5 through 10-70 (West 2006) (Illinois Administrative Procedure Act regarding rules for contested-case proceedings).”
Nyhammer v. Basta, 2022 IL App (2d) 200460 (Ill. App. Ct. 2022). · cites it 4× “¶ 11 The nine-count petition alleged that (1) the Department failed to enact administrative rules that comply with article 10 of the Procedure Act (5 ILCS 100/10-5 through 10-75 (West 2018)); (2) the Department violated the Older Americans Act of 2006 by withholding funds from…”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “On July 29, 2013, the Department issued a notice that it would convene a hearing regarding the Operators’ objections, in accordance with article 10 of the Illinois -3- Administrative Procedure Act (5 ILCS 100/10-5 et seq. (West 2012)) and the procedures stated in the…”
Nyhammer v. Basta, 2022 IL App (2d) 200460-U (Ill. App. Ct. 2022). “” See 5 ILCS 100/10-5 (West 2018). Defendant notes that a contested case is defined as “an adjudicatory proceeding *** in which the individual legal rights, duties, or privileges of a party are required as law to be determined by an agency only after an opportunity for a hearing.”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “On July 29, 2013, the Department issued a notice that it would convene a hearing regarding the Operators’ objections, in accordance with article 10 of the Illinois Administrative Procedure Act (5 ILCS 100/10-5 et seq. (West 2012)) and the procedures stated in the Department’s…”
Todd v. Chaviano, 2019 IL App (5th) 170081 (Ill. App. Ct. 2019). “On July 29, 2013, the Department issued a notice that it would convene a hearing regarding the Operators' objections, in accordance with article 10 of the Illinois Administrative Procedure Act ( 5 ILCS 100/10-5 et seq. (West 2012) ) and the procedures stated in the Department's…”
J&J Ventures Gaming, LLC v. Illinois Gaming Bd., 2024 IL App (5th) 230255 (Ill. App. Ct. 2024). “Under the Administrative Procedure Act, a “contested case” is “an adjudicatory proceeding (not including ratemaking, rulemaking, or quasi- legislative, informational, or similar proceedings) in which the individual legal rights, duties, or privileges of a party are required by…”
Rochester Buckhart Action Grp. v. Young (Ill. App. Ct. 2008). “See 5 ILCS 100/10-5 through 10-70 (West 2006) (Illinois Administrative Procedure Act regard- ing rules for contested-case proceedings).”
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