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Illinois Compiled Statutes

5 ILCS 100/5-35 (2026)

Procedure for rulemaking

✓ current as of May 2026
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(5 ILCS 100/5-35) (from Ch. 127, par. 1005-35)
    Sec. 5-35. Procedure for rulemaking.
    (a) Before the adoption, amendment, or repeal of any rule, each agency shall accomplish the actions required by Section 5-40, 5-45, or 5-50, whichever is applicable.
    (b) No action by any agency to adopt, amend, or repeal a rule after this Act has become applicable to the agency shall be valid unless taken in compliance with this Section. A proceeding to contest any rule on the ground of non-compliance with the procedural requirements of this Section must be commenced within 2 years from the effective date of the rule.
    (c) The rulemaking procedures of this Article 5 do not apply to a matter relating solely to agency management or personnel practices or to public property, loans, or contracts.
(Source: P.A. 87-823.)

    
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1997–2025 · leading case: Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022).
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Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). · cites it 11× “See 5 ILCS 100/5-35 (West 2020). Defendant argued that count III should be dismissed pursuant to section 2-619(a)(9) of the Code (735 ILCS 5/2-619(a)(9) (West 2020)), because the Transparency Policy is not part of the Manual and is not a policy or rule of the Department.”
Denton v. Civil Serv. Com'n of State, 679 N.E.2d 1234 (Ill. 1997). “See 5 ILCS 100/5-35(c) (West 1992). Giving veterans an absolute preference over nonveterans in all instances, as the majority does, conflicts with the underlying purposes of the civil service laws, and we should look for a more definite statement of intent by the legislature…”
Smith v. The Dep't of Nat. Resources, 2015 IL App (5th) 140583 (Ill. App. Ct. 2015). “The defendants acknowledge that the Administrative Procedure Act does expressly authorize challenges to the adoption of regulations under section 5-35(b) of the Administrative Procedure Act (5 ILCS 100/5-35(b) -6- (West 2012)), but argue that the provision does not expressly…”
Smith v. The Dep't of Nat. Resources, 2015 IL App (5th) 140583 (Ill. App. Ct. 2015). “The defendants acknowledge that the Administrative Procedure Act does expressly authorize challenges to the adoption of regulations under section 5-35(b) of the Administrative Procedure Act (5 ILCS 100/5-35(b) (West 2012)), but argue that the provision does not expressly…”
Filliung v. Adams (Ill. App. Ct. 2008). · cites it 2× “5 ILCS 100/5-35(b) (West 2006). The limitations period is measured from “the effective date of the rule.”
Cage v. Harper (N.D. Ill. 2021). “”); 5 ILCS 100/5-35 (entitled “Procedure for rulemaking”); 5 ILCS 100/5-80 (entitled “Publication of rules”); 5 ILCS 100/1-90 (defining “Rulemaking” and establishing requirements).”
Developmental Disability Servs. of Metro East v. Illinois Dep't of Human Servs., 2021 IL App (5th) 200239-U (Ill. App. Ct. 2021). “Relying on section 5-35(c) of the IAPA (5 ILCS 100/5-35(c) (West 2018)), the defendants next argued that they did not violate the IAPA because the IAPA’s rulemaking 7 procedures did not apply to matters relating to contracts, and the NOFO was a matter related to contracts.”
City of Oakbrook Terrace v. Illinois Dep't of Transp., 2025 IL App (3d) 230264-U (Ill. App. Ct. 2025). “5 ILCS 100/5-35(c) (West 2022) (stating “[t]he rulemaking procedures of this Article 5 do not apply to a matter relating solely to *** to public property, loans, or contracts”).”
South 51 Dev. Corp. v. Vega (Ill. App. Ct. 2002). “(5 ILCS 100/5-35(a) (West 2000). Compliance with section 5-115(c) is not referenced and, hence, not mandated.”
Romero v. O'Sullivan (Ill. App. Ct. 1999). “Petitioner argues the Department's Di­rec­tives are re­ quired to be adopted and made available to the public pur­suant to sections 5-35, 5-40 and 5-15 of the Illinois Adminis­tra­tive Pro­ ce­dure Act (Act) (5 ILCS 100/5-35, 5-40, 5-15 (West 1996)).”
— 5 ILCS 100/5-35(a) — 1 case
South 51 Dev. Corp. v. Vega (Ill. App. Ct. 2002). “(5 ILCS 100/5-35(a) (West 2000). Compliance with section 5-115(c) is not referenced and, hence, not mandated.”
— 5 ILCS 100/5-35(b) — 4 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “See 5 ILCS 100/5-35 (West 2020). Defendant argued that count III should be dismissed pursuant to section 2-619(a)(9) of the Code (735 ILCS 5/2-619(a)(9) (West 2020)), because the Transparency Policy is not part of the Manual and is not a policy or rule of the Department.”
Smith v. The Dep't of Nat. Resources, 2015 IL App (5th) 140583 (Ill. App. Ct. 2015). “The defendants acknowledge that the Administrative Procedure Act does expressly authorize challenges to the adoption of regulations under section 5-35(b) of the Administrative Procedure Act (5 ILCS 100/5-35(b) -6- (West 2012)), but argue that the provision does not expressly…”
Smith v. The Dep't of Nat. Resources, 2015 IL App (5th) 140583 (Ill. App. Ct. 2015). “The defendants acknowledge that the Administrative Procedure Act does expressly authorize challenges to the adoption of regulations under section 5-35(b) of the Administrative Procedure Act (5 ILCS 100/5-35(b) (West 2012)), but argue that the provision does not expressly…”
Filliung v. Adams (Ill. App. Ct. 2008). “5 ILCS 100/5-35(b) (West 2006). The limitations period is measured from “the effective date of the rule.”
— 5 ILCS 100/5-35(c) — 4 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “See 5 ILCS 100/5-35 (West 2020). Defendant argued that count III should be dismissed pursuant to section 2-619(a)(9) of the Code (735 ILCS 5/2-619(a)(9) (West 2020)), because the Transparency Policy is not part of the Manual and is not a policy or rule of the Department.”
Denton v. Civil Serv. Com'n of State, 679 N.E.2d 1234 (Ill. 1997). “See 5 ILCS 100/5-35(c) (West 1992). Giving veterans an absolute preference over nonveterans in all instances, as the majority does, conflicts with the underlying purposes of the civil service laws, and we should look for a more definite statement of intent by the legislature…”
Developmental Disability Servs. of Metro East v. Illinois Dep't of Human Servs., 2021 IL App (5th) 200239-U (Ill. App. Ct. 2021). “Relying on section 5-35(c) of the IAPA (5 ILCS 100/5-35(c) (West 2018)), the defendants next argued that they did not violate the IAPA because the IAPA’s rulemaking 7 procedures did not apply to matters relating to contracts, and the NOFO was a matter related to contracts.”
City of Oakbrook Terrace v. Illinois Dep't of Transp., 2025 IL App (3d) 230264-U (Ill. App. Ct. 2025). “5 ILCS 100/5-35(c) (West 2022) (stating “[t]he rulemaking procedures of this Article 5 do not apply to a matter relating solely to *** to public property, loans, or contracts”).”
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