5 ILCS 100/1-5
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 100/ - Illinois Administrative Procedure Act.|Article 1 - Title And General Provisions

 (from Ch. 127, par. 1001-5)Sec. 1-5. Applicability.(a) This Act applies to every agency as defined in this Act.  Beginning January 1, 1978, in case of conflict between the provisions of  this Act and the Act creating or conferring power on an agency, this Act  shall control.  If, however, an agency (or its predecessor in the case of  an agency that has been consolidated or reorganized) has existing procedures  on July 1, 1977, specifically for contested cases or licensing, those existing  provisions control, except that this exception respecting contested  cases and licensing does not apply if the Act creating or conferring  power on the agency adopts by express reference the provisions of this  Act.  Where the Act creating or conferring power on an agency  establishes administrative procedures not covered by this Act, those  procedures shall remain in effect.(b) The provisions of this Act do not apply to (i) preliminary  hearings, investigations, or practices where no final determinations  affecting State funding are made by the State Board of Education, (ii) legal  opinions issued under Section 2-3.7 of the School Code, (iii) as to State  colleges and universities, their disciplinary and grievance proceedings,  academic irregularity and capricious grading proceedings, and admission  standards and procedures, and (iv) the class specifications for positions  and individual position descriptions prepared and maintained under the  Personnel Code.  Those class specifications shall, however, be made  reasonably available to the public for inspection and copying.(c) Section 5-35 of this Act relating to procedures for rulemaking  does not apply to the following:(1) Rules adopted by the Pollution Control Board     that, in accordance with Section 7.2 of the Environmental Protection Act, are identical in substance to federal regulations or amendments to those regulations implementing the following: Sections 3001, 3002, 3003, 3004, 3005, and 9003 of the Solid Waste Disposal Act; Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; Sections 307(b), 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal Water Pollution Control Act; Sections 1412(b), 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking Water Act; and Section 109 of the Clean Air Act.(2) Rules adopted by the Pollution Control Board that     establish or amend standards for the emission of hydrocarbons and carbon monoxide from gasoline powered motor vehicles subject to inspection under the Vehicle Emissions Inspection Law of 2005 or its predecessor laws.(3) Procedural rules adopted by the Pollution Control     Board governing requests for exceptions under Section 14.2 of the Environmental Protection Act.(4) The Pollution Control Board's grant, pursuant to     an adjudicatory determination, of an adjusted standard for persons who can justify an adjustment consistent with subsection (a) of Section 27 of the Environmental Protection Act.(4.5) The Pollution Control Board's adoption of     time-limited water quality standards under Section 38.5 of the Environmental Protection Act.(5) Rules adopted by the Pollution Control Board that     are identical in substance to the regulations adopted by the Office of the State Fire Marshal under clause (ii) of paragraph (b) of subsection (3) of Section 2 of the Gasoline Storage Act.(d) Pay rates established under Section 8a of the Personnel Code  shall be amended or repealed pursuant to the process set forth in Section  5-50 within 30 days after it becomes necessary to do so due to a conflict  between the rates and the terms of a collective bargaining agreement  covering the compensation of an employee subject to that Code.(e) Section 10-45 of this Act shall not apply to any hearing, proceeding,  or investigation conducted under Section 13-515 of the Public Utilities Act.(f) Article 10 of this Act does not apply to any hearing, proceeding, or  investigation conducted by the State Council for the State of Illinois created  under Section 3-3-11.05 of the Unified Code of Corrections or by the Interstate  Commission for Adult Offender Supervision created under the  Interstate Compact for Adult Offender Supervision or by the Interstate Commission for Juveniles created under the Interstate Compact for Juveniles.(g) This Act is subject to the provisions of Article XXI of    the Public Utilities Act. To the extent that any provision of    this Act conflicts with the provisions of that Article XXI, the    provisions of that Article XXI control.  (Source: P.A. 99-937, eff. 2-24-17; 100-22, eff. 1-1-18.)