Illinois Compiled Statutes
5 ILCS 100/10-55 (2026)
Expenses and attorney's fees
✓ current as of May 2026
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(5 ILCS 100/10-55)
(from Ch. 127, par. 1010-55)
Sec. 10-55.
Expenses and attorney's fees.
(a) In any contested case initiated by any agency that does
not proceed to court for judicial review and on any issue where a court
does not have jurisdiction to make an award of litigation expenses under
Section 2-611 of the Civil Practice Law, any allegation made by the agency
without reasonable cause and found to be untrue shall subject the agency
making the allegation to the payment of the reasonable expenses, including
reasonable attorney's fees, actually incurred in defending against that
allegation by the party against whom the case was initiated. A claimant may
not recover litigation expenses when the parties have executed a settlement
agreement that, while not stipulating liability or violation, requires the
claimant to take correction action or pay a monetary sum.
(b) The claimant shall make a demand for litigation expenses to the
agency. If the claimant is dissatisfied because of the agency's failure to
make any award or because of the insufficiency of the agency's award, the
claimant may petition the Court of Claims for the amount deemed owed. If
allowed any recovery by the Court of Claims, the claimant shall also be
entitled to reasonable attorney's fees and the reasonable expenses incurred
in making a claim for the expenses incurred in the administrative action.
The Court of Claims may reduce the amount of the litigation expenses to be
awarded under this Section, or deny an award, to the extent that the
claimant engaged in conduct during the course of the proceeding that unduly
and unreasonably protracted the final resolution of the matter in controversy.
(c) In any case in which a party has any administrative rule invalidated
by a court for any reason, including but not limited to the agency's exceeding
its statutory authority or the agency's failure to follow statutory procedures
in the adoption of the rule, the court shall award the party bringing the
action the reasonable expenses of the litigation, including reasonable
attorney's fees.
(Source: P.A. 87-823.)
Notes of Decisions
Cited in 34
cases (8 in the last 5 years), 1997–2025 · leading case: Cnty. of Du Page v. Illinois Labor Relations Bd., 900 N.E.2d 1095 (Ill. 2008).
Cnty. of Du Page v. Illinois Labor Relations Bd., 900 N.E.2d 1095 (Ill. 2008). “Shortly thereafter, the appellate court granted the fee petition. We allowed the Union, as an additional appellant in this court, to adopt the Board's briefs as its own.”
Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005). “Section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c) (West 2002)) provides, in pertinent part, as follows: "In any case in which a party has any administrative rule invalidated by a court for any reason, including but not limited to the agency's…”
Citizens Org. Proj. v. Dep't of Nat. Resources, 727 N.E.2d 195 (Ill. 2000). “) is entitled to an award of litigation expenses under section 10-55 of the Illinois Administrative Procedure Act (5 ILCS 100/10-55 (West 1998)) based on its success in having an administrative rule of the Department of Natural Resources invalidated.”
Goldberg v. Astor Plaza Condo. Ass'n, 2012 IL App (1st) 110620 (Ill. App. Ct. 2012). “In Citizens Organizing Project, the supreme court analyzed a similar fee-shifting statute that is part of the Illinois Administrative Procedure Act (5 ILCS 100/10-55 (West 1998)). Citizens Organizing Project, 189 Ill.”
Mattis v. State Universities Ret. Sys., 816 N.E.2d 303 (Ill. 2004). “The court based its decision on section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c) (West 2002)), which provides that reasonable expenses of litigation, including reasonable attorney fees, are to be awarded to a party bringing an action where the…”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “See 5 ILCS 100/10-55(c) (West 2016). In response, the Department argued both that the administrative-review claim was moot-as the Department had now published the new rates-and that the court lacked subject-matter jurisdiction over that claim, because the Department's refusal to…”
The Dep't of Fin. & Prof'l Reg. v. Rodriquez, 2012 IL 113706 (Ill. 2013). “Rodriquez, filed a petition with the circuit court of Cook County seeking reimbursement of litigation expenses pursuant to section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55 (West 2008)). The petition followed a proceeding where Rodriquez…”
Van Dyke v. White, 2019 IL 121452 (Ill. 2019). “This court has held that a request for attorney fees under section 10-55(c) of the Illinois Administrative Procedure Act (Procedure Act) (5 ILCS 100/10-55(c) (West 2012)) is preserved if it is made while the court invalidating the rule maintains jurisdiction.”
McLean v. Dep't of Revenue, 704 N.E.2d 352 (Ill. 1998). “In addition, the circuit court abated all penalties and interest assessed against plaintiff, including penalties and interest associated with the tax of $11,111 confirmed by the court.”
Applegate v. State of Ill. Dept. of Transp., 783 N.E.2d 96 (Ill. App. Ct. 2003). “The circuit court also denied Applegate's request for attorney fees under section 10-55(c) of the Illinois Administrative Procedure Act (Administrative Procedure Act) (5 ILCS 100/10-55(c) (West 1998)). Defendants appeal, and Applegate cross-appeals.”
Dotty's Cafe v. Illinois Gaming Bd., 2019 IL App (1st) 173207 (Ill. App. Ct. 2019). “” 5 ILCS 100/10-55(c) (West 2016); see also Balmoral, 151 Ill.”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “See 5 ILCS 100/10-55(c) (West 2016). That statute allows for attorney fees if an “administrative rule” is “invalidated by a court.”
— 5 ILCS 100/10-55(a) — 2 cases
Progressive Hous., Inc. v. Illinois Guardianship & Advocacy Comm'n, 2024 IL App (1st) 240519-U (Ill. App. Ct. 2024).
Ardt v. State of Illinois (Ill. App. Ct. 1997).
— 5 ILCS 100/10-55(c) — 30 cases
Cnty. of Du Page v. Illinois Labor Relations Bd., 900 N.E.2d 1095 (Ill. 2008). “Shortly thereafter, the appellate court granted the fee petition. We allowed the Union, as an additional appellant in this court, to adopt the Board's briefs as its own.”
Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005). “Section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c) (West 2002)) provides, in pertinent part, as follows: "In any case in which a party has any administrative rule invalidated by a court for any reason, including but not limited to the agency's…”
Mattis v. State Universities Ret. Sys., 816 N.E.2d 303 (Ill. 2004). “The court based its decision on section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c) (West 2002)), which provides that reasonable expenses of litigation, including reasonable attorney fees, are to be awarded to a party bringing an action where the…”
Shempf v. Chaviano, 2019 IL App (1st) 173146 (Ill. App. Ct. 2019). “See 5 ILCS 100/10-55(c) (West 2016). In response, the Department argued both that the administrative-review claim was moot-as the Department had now published the new rates-and that the court lacked subject-matter jurisdiction over that claim, because the Department's refusal to…”
Van Dyke v. White, 2019 IL 121452 (Ill. 2019). “This court has held that a request for attorney fees under section 10-55(c) of the Illinois Administrative Procedure Act (Procedure Act) (5 ILCS 100/10-55(c) (West 2012)) is preserved if it is made while the court invalidating the rule maintains jurisdiction.”
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