Publications

Section Newsletter Articles on Administrative Law

Solutions to procedural issues in administrative hearings By Ryan A. Biller Administrative Law, October 2005 Many things can and oftentimes will go wrong. In order to combat the inefficiency created by problems that arise during administrative law hearings, the National Conference of the Administrative Law Judiciary (NCALJ) sponsored a mock hearing at the Chicago-Kent College of Law on August 4, 2005.
Attorney General issues opinions By Cynthia I. Ervin Administrative Law, September 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Inside Administrative Law, September 2005 This issue of the newsletter begins with a preview by Andy Creighton of an important case pending before the Illinois Supreme Court.
Public Information and Privacy Rights Seminar scheduled By Cynthia I. Ervin Administrative Law, September 2005 The Committee on Government lawyers of the ISBA has scheduled a seminar entitled “Public Information and Privacy Rights—Issues Under the Open Meetings Act and the Freedom of Information Act.”
Recent case By Paul E. Freehling Administrative Law, September 2005 The recent Fourth District opinion in Henry v. Anderson, No. 04-04-0867 (Apr. 18, 2005), is a rare example of an appellate court ruling that Section 2a of the Illinois Open Meetings Act, 5 ILCS 120/2a, was violated. 
Supreme Court to review administrative procedure case By Andrew Creighton Administrative Law, September 2005 The Illinois Supreme Court has granted a petition for leave to appeal in a recent administrative law case, Rodriguez v. Sheriff’s Merit Commission of Kane County, 355 Ill. App.3d 676, 823 N.E.2d 243 (2nd Dist. 2005).
Promulgation of “emergency rules” requires a true emergency By James J. Powers Administrative Law, August 2005 In a recently issued decision, the Second District Appellate Court invalidated a set of emergency rules promulgated by the Illinois Labor Relations Board in September 2003.
Attorney General issues opinions By Cynthia I. Ervin Administrative Law, June 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Legislative update for Administrative Law Section Council By Cynthia I. Ervin and Marc Christopher Loro Administrative Law, March 2005 The 93rd General Assembly adjourned its spring session on July 24, 2004, following an overtime session that lasted for weeks in order to pass a State budget.
Irrational application of otherwise valid administrative regulation violates substantive due process By Andrew Creighton Administrative Law, October 2004 Many public and private employers, especially those involved in law enforcement, have a zero-tolerance drug-free workplace policy.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, September 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Administrative Law Judge’s responsibility to create a full record and to explain the reasoning for the decision By Andrew Creighton Administrative Law, June 2004 The issue of what is an adequate record for administrative review was discussed at length in Niam v. Ashcroft.
Service by certified mail: Who has the burden of proof when the respondent claims he was never notified of the administrative proceeding (or what do you do when the Green card doesn’t come back)? By Andrew Creighton Administrative Law, June 2004 Many statutes governing administrative proceedings permit personal jurisdiction on the respondent by certified or registered mail service of process.
Brief report on recommendations voted on by the ABA House of Delegates at the Midyear Meeting in San Antonio, Texas on February 9, 2004 of interest to administrative law practitioners By Hon. Edward J. Schoenbaum Administrative Law, May 2004 Administrative Judiciary [113B] Judicial Division, Encourages Congress to establish a retirement plan for federal administrative law judges that is appropriate to their judicial status and functions and that is separate from retirement plans of other career civil servants. Approved.
Recent decision By Terry Shafer Administrative Law, March 2004 Address for service of summons to Defendant's designated agent in administrative proceeding may be sufficient in a subsequent appeal to the court where timely filed, Defendant had actual notice, no prejudice was suffered and good faith was found.
It’s in the mail: The clock is ticking! By J.A. Sebastian General Practice, Solo, and Small Firm, November 2003 The Illinois Supreme Court has clarified Section 3-103 of the Illinois Administrative Review Law (“ARL”) (735 ILCS 5/3-101 through 3-113), holding that the 35-day period for filing a complaint of an administrative agency decision starts when the decision is mailed, not when the decision is received in Nudell v. Forest Preserve Dist. of Cook County.
Petition for review filed on 42nd day held timely under Illinois Administrative Review Law By J.A. Sebastian Administrative Law, August 2003 The appellate court recently reconsidered and reversed its earlier dismissal of a direct review of an administrative order in Moren v. Illinois Dep't of Human Rights, No. 1-01-2080, slip op.
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, May 2003 In Part One of this article, I noted that the General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device ("interlock" or "BAIID").
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, April 2003 The General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device (interlock or BAIID).
Unauthorized practice of law in administrative proceedings By Claire A. Manning and Richard R. McGill Environmental Law, April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
Illinois’ continuum between the manifest weight standard and de novo review continues … By J.A. Sebastian Administrative Law, November 2001 This article summarizes five of the recent Illinois decisions that consider the judicial review continuum.
Administrative Law section newsletter celebrates its 30th birthday: the first year By Paul E. Freehling Administrative Law, October 2001 The first issue of the ISBA Administrative Law Section Newsletter was published in November 1971, 30 years ago.
November 16 Law Ed SeriesProgram On Illinois Administrative Law By Hon. Edward J. Schoenbaum, Jr. Administrative Law, October 2001 The Administrative Law Section Council of the Illinois State Bar Association in cooperation with the Government Bar Association and the ISBA Committee on Government Lawyers will conduct an ISBA Law Ed SeriesSERIES on "Illinois Administrative Law" at the Hilton Hotel in Springfield, Illinois on Friday, November 16, 2001.
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000 By J.A. Sebastian Administrative Law, July 2000 In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.
Applicability of Fourth Amendment to administrative hearing evidence By Paul E. Freehling Environmental Law, May 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Finnerty v. Personnel Board of the City of Chicago, et al. By J.A. Sebastian Administrative Law, August 1999 The facts, in sum, concern an employee who was absent without leave. The legal issue relates to the quantum of evidence necessary for the manifest weight of the evidence standard.
Harry Virden v. Board of Trustees of the Firefighters Pension Fund of the City of Pekin, et al.. By Terry Shafer Administrative Law, August 1999 This case involves an administrative order regarding a fireman's request for a line-of-duty disability pension.
John Hohnsbehn, Jr. v. Board of Trustees of the Police Pension Fund of the City of East Alton, Illinois By Terry Shafer Administrative Law, August 1999 The plaintiff was required to undergo a physical examination to continue receipt of his disability pension.
The Lockett “minefield” By J.A. Sebastian Administrative Law, May 1999 Three cases are reviewed below. Each case addresses an aspect of the Administrative Review Law (ARL) of interest to practitioners.
Statutory developments By Robert John Kane Administrative Law, January 1999 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by three Public Acts.