ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/3-107 (2026)

Defendants

✓ current as of May 2026
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
    Sec. 3-107. Defendants.
    (a) Except as provided in subsection (b), (b-1), or (c), in any action to review any final decision of an administrative agency, the administrative agency and all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency shall be made defendants. 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.
    No action for administrative review shall be dismissed for lack of jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action within the applicable time limits; or (2) for a failure to name an employee, agent, or member, who acted in his or her official capacity, of an administrative agency, board, committee, or government entity where a timely action for administrative review has been filed that identifies the final administrative decision under review and that makes a good faith effort to properly name the administrative agency, board, committee, or government entity. Naming the director or agency head, in his or her official capacity, shall be deemed to include as defendant the administrative agency, board, committee, or government entity that the named defendants direct or head. No action for administrative review shall be dismissed for lack of jurisdiction based upon the failure to name an administrative agency, board, committee, or government entity, where the director or agency head, in his or her official capacity, has been named as a defendant as provided in this Section.
    If, during the course of a review action, the court determines that an agency or a party of record to the administrative proceedings was not made a defendant as required by the preceding paragraph, then the court shall grant the plaintiff 35 days from the date of the determination in which to name and serve the unnamed agency or party as a defendant. The court shall permit the newly served defendant to participate in the proceedings to the extent the interests of justice may require.
    (b) With respect to actions to review decisions of a zoning board of appeals under Division 13 of Article 11 of the Illinois Municipal Code, "parties of record" means only the zoning board of appeals and applicants before the zoning board of appeals. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed from. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action is filed, and the names of the plaintiff in the action and the applicant to the zoning board of appeals. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed from shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice.
    (b-1) With respect to an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas under Section 11-48.2-4 of the Illinois Municipal Code or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures under item (12) of Section 11-13-1 of the Illinois Municipal Code, "parties of record" means only the administrative agency and applicants before the administrative agency. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action was filed, and the names of the plaintiff in the action and the applicant to the administrative agency. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice.
    (c) With respect to actions to review decisions of a hearing officer or a county zoning board of appeals under Division 5-12 of Article 5 of the Counties Code, "parties of record" means only the hearing officer or the zoning board of appeals and applicants before the hearing officer or the zoning board of appeals. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action is filed, and the name of the plaintiff in the action and the applicant to the hearing officer or the zoning board of appeals. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. This subsection (c) applies to zoning proceedings commenced on or after July 1, 2007 (the effective date of Public Act 95-321).
    (d) The changes to this Section made by Public Act 95-831 apply to all actions filed on or after August 21, 2007 (the effective date of Public Act 95-831). The changes made by Public Act 100-212 apply to all actions filed on or after August 18, 2017 (the effective date of Public Act 100-212).
(Source: P.A. 103-67, eff. 1-1-24.)

    
Notes of Decisions
Cited in 64 cases (6 in the last 5 years), 1993–2026 · 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 14× “" 735 ILCS 5/3-107(a) (West 2004). [1] We must determine whether these exceptions to the mandatory joinder requirements of the Administrative Review Law allowed plaintiff to amend her complaint to add the Board of Trustees as a defendant.”
Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. of Sch. Trs., 843 N.E.2d 273 (Ill. 2006). · cites it 20× “" 735 ILCS 5/3-107 (West 2000). Although some panels of the appellate court, including the panel in the present case, have described the joinder requirements of the Review Law as "jurisdictional," this court has not done so.”
Erickson v. Knox Cnty. Wind Farm LLC, 2024 IL App (4th) 230726 (Ill. App. Ct. 2024). · cites it 7× “” 735 ILCS 5/3-107(a) (West 2020). However, it also provides, “No action for administrative review shall be dismissed for lack of jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action…”
Grady v. Illinois Dep't of Healthcare & Fam. Servs., 2016 IL App (1st) 152402 (Ill. App. Ct. 2017). · cites it 8× “” 735 ILCS 5/3-107(a) (West 2014). ¶ 12 Section 3-101 of the Administrative Review Law sets forth the applicable definitions.”
Grady v. Illinois Dep't of Healthcare & Fam. Servs., 2016 IL App (1st) 152402 (Ill. App. Ct. 2016). · cites it 8× “” 735 ILCS 5/3-107(a) (West 2014). ¶ 12 Section 3-101 of the Administrative Review Law sets forth the applicable definitions.”
Beggs v. The Bd. of Educ. of Murphysboro Cmty. Unit Sch. Dist. No. 186, 2016 IL 120236 (Ill. 2016). · cites it 2× “The appellate court noted that failure to correctly name the Board president was not a proper ground for dismissal, as the Act expressly prohibits dismissal on that ground as long as the Board has been named (see 735 ILCS 5/3-107(a) (West 2012)). 2015 IL App (5th) 150018, ¶ 8 .”
Est. of Smida v. Illinois Mun. Ret. Fund, 820 N.E.2d 475 (Ill. App. Ct. 2004). · cites it 4× “The Wilson court held that, under section 3-107(a) of the Administrative Review Law (Review Law) (735 ILCS 5/3-107(a) (West 2002)), in an action to review an administrative decision, the administrative agency must be named as a defendant.”
Mannheim Sch. Dist. No. 83 v. Teachers' Ret. Sys. of Illinois, 2015 IL App (4th) 140531 (Ill. App. Ct. 2015). · cites it 8× “¶6 In response to the motion to dismiss, plaintiff claimed the issue of naming the incorrect parties was addressed in a 2008 amendment to section 3-107 of the Administrative Review Law (735 ILCS 5/3-107 (West 2012)) in response to the supreme court's decision in Ultsch v.”
Mannheim Sch. Dist. No. 83 v. Teachers' Ret. Sys. of Illinois, 2015 IL App (4th) 140531 (Ill. App. Ct. 2015). · cites it 9× “¶6 In response to the motion to dismiss, plaintiff claimed the issue of naming the incorrect parties was addressed in a 2008 amendment to section 3-107 of the Administrative Review Law (735 ILCS 5/3-107 (West 2012)) in response to the supreme court’s decision in Ultsch v.”
Bridgestone/Firestone, Inc. v. Aldridge, 688 N.E.2d 90 (Ill. 1997). “Bridgestone does not deny, nor, we surmise, could it deny, that claimants were proper parties in the circuit court.”
Beggs v. The Bd. of Educ. of Murphysboro Cmty. Unit Sch. Dist. No. 186, 2016 IL 120236 (Ill. 2017). “The appellate court noted that failure to correctly name the Board president was not a proper ground for dismissal, as the Act expressly prohibits dismissal on that ground as long as the Board has been named (see 735 ILCS 5/3-107(a) (West 2012)). 2015 IL App (5th) 150018, ¶ 8 .”
Bettis v. Marsaglia, 2014 IL 117050 (Ill. 2014). “Moreover, the Administrative Review Law’s naming requirement is expressly provided for in section 3-107 of that statute (see 735 ILCS 5/3-107 (West 2012)), and the legislature provided no similar requirement in section 10-10.”
Show all 64 citing cases →
— 735 ILCS 5/3-107(a) — 47 cases
Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007). “" 735 ILCS 5/3-107(a) (West 2004). [1] We must determine whether these exceptions to the mandatory joinder requirements of the Administrative Review Law allowed plaintiff to amend her complaint to add the Board of Trustees as a defendant.”
Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. of Sch. Trs., 843 N.E.2d 273 (Ill. 2006). “" 735 ILCS 5/3-107 (West 2000). Although some panels of the appellate court, including the panel in the present case, have described the joinder requirements of the Review Law as "jurisdictional," this court has not done so.”
Erickson v. Knox Cnty. Wind Farm LLC, 2024 IL App (4th) 230726 (Ill. App. Ct. 2024). “” 735 ILCS 5/3-107(a) (West 2020). However, it also provides, “No action for administrative review shall be dismissed for lack of jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action…”
Grady v. Illinois Dep't of Healthcare & Fam. Servs., 2016 IL App (1st) 152402 (Ill. App. Ct. 2017). “” 735 ILCS 5/3-107(a) (West 2014). ¶ 12 Section 3-101 of the Administrative Review Law sets forth the applicable definitions.”
Grady v. Illinois Dep't of Healthcare & Fam. Servs., 2016 IL App (1st) 152402 (Ill. App. Ct. 2016). “” 735 ILCS 5/3-107(a) (West 2014). ¶ 12 Section 3-101 of the Administrative Review Law sets forth the applicable definitions.”
— 735 ILCS 5/3-107(b) — 1 case
Lacny v. Police Bd. (Ill. App. Ct. 1997).
— 735 ILCS 5/3-107(c) — 2 cases
Erickson v. Knox Cnty. Wind Farm LLC, 2024 IL App (4th) 230726 (Ill. App. Ct. 2024). “” 735 ILCS 5/3-107(a) (West 2020). However, it also provides, “No action for administrative review shall be dismissed for lack of jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action…”
Irshad Learning Ctr. v. Cnty. of DuPage, 804 F. Supp. 2d 697 (N.D. Ill. 2011).
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