ILCS » Chapter 5 · Act 100
Illinois Compiled Statutes

5 ILCS 100/5-150 (2026)

Declaratory rulings

✓ current as of May 2026
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(5 ILCS 100/5-150) (from Ch. 127, par. 1005-150)
    Sec. 5-150. Declaratory rulings.
    (a) Requests for rulings. Each agency may in its discretion provide by rule for the filing and prompt disposition of petitions or requests for declaratory rulings as to the applicability to the person presenting the petition or request of any statutory provision enforced by the agency or of any rule of the agency. Declaratory rulings shall not be appealable. The agency shall maintain as a public record in the agency's principal office and make available for public inspection and copying any such rulings. The agency shall delete trade secrets or other confidential information from the ruling before making it available.
    (b) Overlapping regulations.
        (1) Any persons subject to a rule imposed by a State
    
agency and to a similar rule imposed by the federal government may petition the agency administering the State rule for a declaratory ruling as to whether compliance with the federal rule will be accepted as compliance with the State rule.
        (2) If the agency determines that compliance with the
    
federal rule would not satisfy the purposes or relevant provisions of the State law involved, the agency shall so inform the petitioner in writing, stating the reasons for the determination, and may issue a declaratory ruling to that effect.
        (3) If the agency determines that compliance with the
    
federal rule would satisfy the purposes and relevant provisions of the State law involved but that it would not satisfy the relevant provisions of the State rule involved, the agency shall so inform the petitioner and the Joint Committee on Administrative Rules, and the agency may initiate a rulemaking proceeding in accordance with Section 5-35 to consider revising the rule to accept compliance with the federal rule in a manner that is consistent with the purposes and relevant provisions of the State law.
        (4) If the agency determines that compliance with the
    
federal rule would satisfy the purposes and relevant provisions of the State law and the State rule involved, the agency shall issue a declaratory ruling indicating its intention to accept compliance with the federal rule as compliance with the State rule and the terms and conditions under which it intends to do so.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2023 · leading case: Resource Tech. Corp. v. Commonwealth Edison Co., 795 N.E.2d 936 (Ill. App. Ct. 2003).
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Resource Tech. Corp. v. Commonwealth Edison Co., 795 N.E.2d 936 (Ill. App. Ct. 2003). · cites it 3× “5 ILCS 100/5-150(a) (West 2000); 83 Ill. Adm.”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). · cites it 2× “On July 3, 2012, Consolidated filed a verified petition for declaratory ruling from the Commission, pursuant to section 5-150 of the Illinois Administrative Procedure Act (5 ILCS 100/5-150 (West 2012)) and section 200.”
Resource Tech. Corp. v. Commonwealth Edison Co. (Ill. App. Ct. 2003). · cites it 3× “5 ILCS 100/5-150(a) (West 2000); 83 Ill. Adm.”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). · cites it 2× “On July 3, 2012, Consolidated filed a verified petition for declaratory ruling from the Commission, pursuant to section 5-150 of the Illinois Administrative Procedure Act (5 ILCS 100/5-150 (West 2012)) and section 200.”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). · cites it 2× “On July 3, 2012, Consolidated filed a verified petition for declaratory ruling from the Commission, pursuant to section 5-150 of the Illinois Administrative Procedure Act (5 ILCS 100/5-150 (West 2012)) and section 200.”
Chi Arome, LLC v. Illinois Dep't of Fin. & Prof'l Reg., 2023 IL App (1st) 220899-U (Ill. App. Ct. 2023). “They further rely on section 5-150(a) of the Administrative Procedure Act (5 ILCS 100/5-150(a) (West 2020)), which authorizes agencies to provide by rule for declaratory judgment rulings.”
— 5 ILCS 100/5-150(a) — 6 cases
Resource Tech. Corp. v. Commonwealth Edison Co., 795 N.E.2d 936 (Ill. App. Ct. 2003). “5 ILCS 100/5-150(a) (West 2000); 83 Ill. Adm.”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). “On July 3, 2012, Consolidated filed a verified petition for declaratory ruling from the Commission, pursuant to section 5-150 of the Illinois Administrative Procedure Act (5 ILCS 100/5-150 (West 2012)) and section 200.”
Resource Tech. Corp. v. Commonwealth Edison Co. (Ill. App. Ct. 2003). “5 ILCS 100/5-150(a) (West 2000); 83 Ill. Adm.”
Chi Arome, LLC v. Illinois Dep't of Fin. & Prof'l Reg., 2023 IL App (1st) 220899-U (Ill. App. Ct. 2023). “They further rely on section 5-150(a) of the Administrative Procedure Act (5 ILCS 100/5-150(a) (West 2020)), which authorizes agencies to provide by rule for declaratory judgment rulings.”
Securus Tech., Inc. v. Illinois Com. Comm'n, 2014 IL App (1st) 131716 (Ill. App. Ct. 2014). “On July 3, 2012, Consolidated filed a verified petition for declaratory ruling from the Commission, pursuant to section 5-150 of the Illinois Administrative Procedure Act (5 ILCS 100/5-150 (West 2012)) and section 200.”
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