Rodriquez v. The Department of Financial and Professional Regulation

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113706
Decision Date: 
November 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
GARMAN
Holding: 
Appellate court reversed; circuit court affirmed.
Statutory fees available for invalidating an administrative rule must be requested while the court invalidating the rule retains jurisdiction over the underlying issue. Thus, fee petition per Section 10-55(c) of Illinois Administrative Procedure Act must be filed with the initial complaint or brought while the circuit or appellate court retains jurisdiction. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)