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Illinois Compiled Statutes

735 ILCS 5/3-103 (2026)

Commencement of action

✓ current as of May 2026
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(735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
    Sec. 3-103. Commencement of action. Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision, except that in municipalities with a population of 500,000 or less a complaint filed within the time limit established by this Section may be subsequently amended to add a police chief or a fire chief in cases brought under the Illinois Municipal Code's provisions providing for the discipline of fire fighters and police officers.
    The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business.
    The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
    This amendatory Act of 1993 applies to all cases involving discipline of fire fighters and police officers pending on its effective date and to all cases filed on or after its effective date.
    The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-831, eff. 8-14-08.)

    
Notes of Decisions
Cited in 171 cases (42 in the last 5 years), 1994–2026 · leading case: Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007).
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Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007). · cites it 26× “Section 3-103 mandates: "Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the…”
Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. of Sch. Trs., 843 N.E.2d 273 (Ill. 2006). · cites it 5× “Within the statutory 35-day period (see 735 ILCS 5/3-103 (West 2000)), Collinsville filed a complaint for administrative review in the circuit court of St.”
Grimm v. Calica, 2017 IL 120105 (Ill. 2018). · cites it 7× “” 735 ILCS 5/3-103 (West 2012). Here, plaintiff Christine Grimm filed such a complaint in Lake County circuit court 36 days after the date of a decision against her by the Department of Children and Family Services (Department).”
Est. of Smida v. Illinois Mun. Ret. Fund, 820 N.E.2d 475 (Ill. App. Ct. 2004). · cites it 7× “Defendants moved to dismiss the complaint pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2002)), arguing that plaintiff failed to comply with section 3-107(a) of the Review Law by not naming a party of record, the Board, as a defendant.”
Nudell v. Forest Preserve Dist. of Cook, 799 N.E.2d 260 (Ill. 2003). · cites it 5× “The circuit court concluded that discharge was too harsh a penalty for the offense of insubordination, and held that plaintiff's punishment should be no more than the 29-day suspension that plaintiff already had served.”
Aleckson v. Vill. of Round Lake Park, 679 N.E.2d 1224 (Ill. 1997). · cites it 2× “735 ILCS 5/3-103 (West 1992). Defendants, therefore, asserted that plaintiffs' complaint, filed one year after the promotional decisions were made, was untimely.”
Mercury Sightseeing Boats, Inc. v. Cnty. of Cook, 2019 IL App (1st) 180439 (Ill. App. Ct. 2019). · cites it 2× “¶ 7; see 735 ILCS 5/3-103 (West 2012) (“a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail”).”
Howe v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2013 IL App (1st) 122446 (Ill. App. Ct. 2013). · cites it 2× “, 735 ILCS 5/3-103 (West 2010) (“a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail”).”
Grimm v. Calica, 2017 IL 120105 (Ill. 2017). · cites it 6× “” 735 ILCS 5/3-103 (West 2012). Here, plaintiff Christine Grimm filed such a complaint in Lake County circuit court 36 days after the date of a decision against her by the Department of Children and Family Services (Department).”
Carver v. Nall, 714 N.E.2d 486 (Ill. 1999). · cites it 2× “See 735 ILCS 5/3-103 (West 1996). The appellate court affirmed.”
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 2012 IL 111286 (Ill. 2012). “” 735 ILCS 5/3-103 (West 2008). Section 3-102 of the Administrative Review Law provides that “[u]nless review is sought of an administrative decision within the time and in the manner herein provided, the parties to the proceeding before the administrative agency shall be barred…”
Rivera v. City of Chicago Electoral Bd., 2011 IL App (1st) 110283 (Ill. App. Ct. 2011). · cites it 2× “He further insists that the section violates due process and equal protection, and cites the Administrative Review Law (735 ILCS 5/3-103 (West 2010)) and Chin v.”
Show all 171 citing cases →
— 735 ILCS 5/3-103(2) — 4 cases
Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007). “Section 3-103 mandates: "Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the…”
Est. of Smida v. Illinois Mun. Ret. Fund, 820 N.E.2d 475 (Ill. App. Ct. 2004). “Defendants moved to dismiss the complaint pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2002)), arguing that plaintiff failed to comply with section 3-107(a) of the Review Law by not naming a party of record, the Board, as a defendant.”
Van Milligen v. Dept. of Emp. SEC., 868 N.E.2d 1083 (Ill. App. Ct. 2007).
McGaw Med. Ctr. of Nw. Univ. v. Dep't of Emp. Sec. (Ill. App. Ct. 2006).
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