Northwestern Illinois Area Agency on Aging v. Basta

Plaintiff filed a complaint against the director of the Department of Aging alleging that the department had enacted administrative rules that were not adopted pursuant to the procedure mandated by the Illinois Procedure Act. Defendant moved to dismiss alleging that the matters were either exempt from the Act’s rulemaking provisions or not timely raised. The circuit court dismissed the complaint and an amended complaint and plaintiff appealed. The appellate court affirmed, finding that the trial court did not err in dismissing the complaint. (BRIDGES and HUTCHINSON, concurring)