ILCS » Chapter 5 · Act 100
Illinois Compiled Statutes

5 ILCS 100/5-10 (2026)

Adoption and availability of rules

✓ current as of May 2026
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(5 ILCS 100/5-10) (from Ch. 127, par. 1005-10)
    Sec. 5-10. Adoption and availability of rules.
    (a) In addition to other rulemaking requirements imposed by law, each agency shall (i) adopt rules of practice setting forth the nature and requirements of all formal hearings and (ii) make available for public inspection all rules adopted by the agency in the discharge of its functions.
    (b) Each agency shall make available for public inspection all final orders, decisions, and opinions, except those deemed confidential by State or federal statute and any trade secrets.
    (c) No agency rule is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection and filed with the Secretary of State as required by this Act. No agency, however, shall assert the invalidity of a rule that it has adopted under this Act when an opposing party has relied upon the rule.
    (d) Rulemaking that creates or expands a State mandate on units of local government, school districts, or community college districts is subject to the State Mandates Act. The required Statement of Statewide Policy Objectives shall be published in the Illinois Register at the same time that the first notice under Section 5-40 is published or when the rule is published under Section 5-45 or 5-50.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2004–2022 · leading case: Dep't of Revenue v. Civil Serv. Comm'n, 827 N.E.2d 960 (Ill. App. Ct. 2005).
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Dep't of Revenue v. Civil Serv. Comm'n, 827 N.E.2d 960 (Ill. App. Ct. 2005). “) 5 ILCS 100/5-10(c) (West 2000). Defendants distinguish the administrative rulemaking principles in the previous sections of this opinion by contending that the amendments were proposed, adopted and utilized by CMS and that CMS therefore is estopped from denying their validity.”
Nyhammer v. Basta, 2022 IL App (2d) 200460 (Ill. App. Ct. 2022). “” 5 ILCS 100/5-10(a) (West 2018). Section 10-5 of the Procedure Act states, “[a]ll agencies shall adopt rules establishing procedures for contested case hearings.”
Doxsie v. Illinois Gaming Bd., 2021 IL App (1st) 191875 (Ill. App. Ct. 2021). “5 ILCS 100/5-10(a) (West 2018). The rules that the Board adopted relating to hearings are set forth in section 1800.”
Doxsie v. Illinois Gaming Bd., 2021 IL App (1st) 191875 (Ill. App. Ct. 2021). “5 ILCS 100/5-10(a) (West 2016). The rules that the Board adopted relating to hearings are set forth in section 1800.”
Nyhammer v. Basta, 2022 IL App (2d) 200460-U (Ill. App. Ct. 2022). “” 5 ILCS 100/5-10 (West 2018). Section 10-5 of the Act states, “[a]ll agencies shall adopt rules establishing procedures for contested case hearings.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “2d 169, 181 (1984) (holding that “[s]ince we believe that the amended procedure was a rule within the meaning of the Illinois Administrative Procedure Act and since the agency did not, and does not contend that it did, follow the proper procedure for adoption of a rule, the rule…”
Cage v. Harper (N.D. Ill. 2021). “”); 5 ILCS 100/5-10(c) (“No agency rule is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection and filed with the Secretary of State as required by this Act.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “2d 169, 181 (1984) (holding that “[s]ince we believe that the amended procedure was a rule within the meaning of the Illinois Administrative Procedure Act and since the agency did not, and does not contend that it did, follow the proper procedure for adoption of a rule, the rule…”
Cannon v. Quinley (Ill. App. Ct. 2004). “Cannon correctly points out that section 5-10(c) of the Illinois Administrative Procedure Act (Act) provides that "[n]o agency rule is valid or effective against any person or party *** until it has been made available for public inspection and filed with the Secretary of State…”
Walk v. Illinois Dep't of Child. & Fam. Servs. (Ill. App. Ct. 2010). “DCFS responds the policy guide "merely implements [DCFS's existing] policy regarding close confinement" and does not constitute an independent rule.”
Filliung v. Adams (Ill. App. Ct. 2008). “5 ILCS 100/1-20 (West 2006) (agency defined); 5 ILCS 100/5-10 (West 2006) (provisions for promulgating rules).”
— 5 ILCS 100/5-10(a) — 3 cases
Nyhammer v. Basta, 2022 IL App (2d) 200460 (Ill. App. Ct. 2022). “” 5 ILCS 100/5-10(a) (West 2018). Section 10-5 of the Procedure Act states, “[a]ll agencies shall adopt rules establishing procedures for contested case hearings.”
Doxsie v. Illinois Gaming Bd., 2021 IL App (1st) 191875 (Ill. App. Ct. 2021). “5 ILCS 100/5-10(a) (West 2018). The rules that the Board adopted relating to hearings are set forth in section 1800.”
Doxsie v. Illinois Gaming Bd., 2021 IL App (1st) 191875 (Ill. App. Ct. 2021). “5 ILCS 100/5-10(a) (West 2016). The rules that the Board adopted relating to hearings are set forth in section 1800.”
— 5 ILCS 100/5-10(c) — 5 cases
Dep't of Revenue v. Civil Serv. Comm'n, 827 N.E.2d 960 (Ill. App. Ct. 2005). “) 5 ILCS 100/5-10(c) (West 2000). Defendants distinguish the administrative rulemaking principles in the previous sections of this opinion by contending that the amendments were proposed, adopted and utilized by CMS and that CMS therefore is estopped from denying their validity.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “2d 169, 181 (1984) (holding that “[s]ince we believe that the amended procedure was a rule within the meaning of the Illinois Administrative Procedure Act and since the agency did not, and does not contend that it did, follow the proper procedure for adoption of a rule, the rule…”
Cage v. Harper (N.D. Ill. 2021). “”); 5 ILCS 100/5-10(c) (“No agency rule is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection and filed with the Secretary of State as required by this Act.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “2d 169, 181 (1984) (holding that “[s]ince we believe that the amended procedure was a rule within the meaning of the Illinois Administrative Procedure Act and since the agency did not, and does not contend that it did, follow the proper procedure for adoption of a rule, the rule…”
Cannon v. Quinley (Ill. App. Ct. 2004). “Cannon correctly points out that section 5-10(c) of the Illinois Administrative Procedure Act (Act) provides that "[n]o agency rule is valid or effective against any person or party *** until it has been made available for public inspection and filed with the Secretary of State…”
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