(735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
Sec. 3-101.
Definitions.
For the purpose of this Act:
"Administrative agency" means a person, body of persons, group, officer,
board, bureau, commission or department (other than a court or judge) of the
State, or of any political subdivision of the State or municipal corporation in
the State, having power under law to make administrative
decisions.
"Administrative decision" or "decision" means any decision, order or
determination of any administrative agency rendered in a particular
case, which affects the legal rights, duties or privileges of parties
and which terminates the proceedings before the administrative agency.
In all cases in which a statute or a rule of the administrative agency
requires or permits an application for a rehearing or other method of
administrative review to be filed within a specified time (as
distinguished from a statute which permits the application for rehearing
or administrative review to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), and an application for such rehearing
or review is made, no administrative decision of such agency shall be
final as to the party applying therefor until such rehearing or review
is had or denied. However, if the particular statute permits an
application for rehearing or other method of administrative review to be
filed with the administrative agency for an indefinite period of time
after the administrative decision has been rendered (such as permitting
such application to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), then the authorization for the filing
of such application for rehearing or review shall not postpone the time
when the administrative decision as to which such application shall be
filed would otherwise become final, but the filing of the application
for rehearing or review with the administrative agency in this type of
case shall constitute the commencement of a new proceeding before such
agency, and the decision rendered in order to dispose of such rehearing
or other review proceeding shall constitute a new and independent
administrative decision. If such new and independent decision consists
merely of the denial of the application for rehearing or other method of
administrative review, the record upon judicial review of such decision
shall be limited to the application for rehearing or other review and
the order or decision denying such application and shall not include the
record of proceedings had before the rendering of the administrative
decision as to which the application for rehearing or other
administrative review shall have been filed unless the suit for judicial
review is commenced within the time in which it would be authorized by
this Act to have been commenced if no application for rehearing or other
method of administrative review had been filed. On the other hand, if
the rehearing or other administrative review is granted by the
administrative agency, then the record on judicial review of the
resulting administrative decision rendered pursuant to the rehearing or
other administrative review may consist not only of the record of
proceedings had before the administrative agency in such rehearing or
other administrative review proceeding, but also of the record of
proceedings had before such administrative agency prior to its rendering
of the administrative decision as to which the rehearing or other
administrative review shall have been granted. The term "administrative
decision" or "decision" does not mean or include rules, regulations,
standards, or statements of policy of general application issued by an
administrative agency to implement, interpret, or make specific the
legislation enforced or administered by it unless such a rule,
regulation, standard or statement of policy is involved in a proceeding
before the agency and its applicability or validity is in issue in such
proceeding, nor does it mean or include regulations concerning the
internal management of the agency not affecting private rights or
interests.
(Source: P.A. 92-651, eff. 7-11-02.)
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