§ 5/3-103 Commencement of action

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article III > 5/3-103 Commencement

§ 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.

    VALIDITY

    The Appellate Court of Illinois, First District, has held that a population classification concerning a plaintiff's right to
amend an administrative review complaint by adding a defendant constitutes special legislation in violation of Section 13 of Article IV of the Illinois Constitution in the case of Lacny v. Police Bd. of the City of Chicago, App. 1 Dist.1997, 225
Ill.Dec. 602, 291 Ill.App.3d 397, 683 N.E.2d 1265.>