United States · Illinois statutory procedure
When must an Illinois administrative review complaint and summons be completed?
Section 3-103 requires filing the complaint and issuance of summons within 35 days after effective service of the final administrative decision. Establish service under the agency’s governing Act. The July 24, 2026 amendment changes the statutory fallback for service.
- Period
- 35 calendar days for complaint filing and summons issuance
- Trigger
- Established effective service of the final administrative decision
- Rule
- 735 ILCS 5/3-103
P.A. 104-639 became effective July 24, 2026. Its enrolled Public Act and current Sections 3-103 and 10-50 are retained. Historical mailed-decision service language is not the current fallback.
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Which service date starts administrative review?
Confirm that the decision is final and that the governing law adopts Article III review.
Establish service under the Act governing the agency’s procedure.
If that Act supplies no method, apply the Section 10-50 fallback incorporated by the July 24, 2026 amendment. Preserve the decision, party service evidence and attorney delivery evidence.
735 ILCS 5/3-103How do I count the thirty-five days after decision service?
- Confirm that the decision is final and that the governing law adopts Article III review.
- Exclude the independently established effective service day and count 35 calendar days under Section 1.11. Do not apply ordinary court-paper mailing adjustments to establish agency decision service.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Complete complaint filing and obtain issuance of summons within the applicable Section 3-103 period. Preserve both records. A complaint file mark alone does not prove summons issuance.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use an independently established service date for a final decision reviewable under Article III. Both complaint filing and summons issuance matter. Do not substitute the decision’s issue date. Fictitious established event. No extension, tolling, competing deadline or special order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established effective service of the final administrative decision | August 3, 2027 |
| Applicable statutory period | 35 calendar days for complaint filing and summons issuance | September 7, 2027 |
Fictitious facts. The event and statutory classification are independently established. The calculator does not determine accrual, legal disability, fraudulent concealment, effective agency service or an actual court extension.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- Both complaint filing and summons issuance are specified
- Section 3-103 states both acts. Check each actual completion record rather than treating a drafted or merely requested summons as issued.
- The governing agency Act controls its service method
- Use the service method provided in the Act governing procedure before the agency. The calculator cannot infer effective service from a decision issue date.
- The current fallback refers to Section 10-50
- P.A. 104-639 replaces the former personal-delivery or postal-deposit fallback with service under Section 10-50 of the Illinois Administrative Procedure Act. The decision must also be sent to the party’s attorney as that section provides.
- Finality and reconsideration must be established
- Section 10-50(b) requires agency orders to specify finality, Administrative Review Law review and any agency-rule reconsideration requirement. Review the actual final order and governing agency law.
- A narrow municipal-party amendment is separate
- Section 3-103 permits the stated later addition of a police chief or fire chief in covered discipline cases in municipalities of 500,000 or fewer. It does not replace the initial timely complaint requirement.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/3-103
When must an Illinois administrative review complaint and summons be completed?
Can I start the count from the decision’s date?
Use the independently established effective service date. Section 3-103 measures from service, not merely the decision’s issue date.
735 ILCS 5/3-103Does filing the complaint prove I completed both statutory acts?
No. Section 3-103 also specifies summons issuance. Preserve its actual issuance record separately.
735 ILCS 5/3-103Does the former postal-deposit fallback still describe the current statute?
P.A. 104-639 changed the fallback effective July 24, 2026. Where the governing agency Act supplies no method, current Section 3-103 refers to Section 10-50.
P.A. 104-639, Sections 10 and 99Official statutory sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/3-103 | The specific statutory actor, triggering event, period and qualifications |
| P.A. 104-639, Sections 10 and 99 | The service amendment and July 24, 2026 effective date |
| 5 ILCS 100/10-50 | Incorporated service provision and final-order information |
| Illinois Supreme Court Rule 335 | Distinct direct appellate review procedure |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |