Publications

Section Newsletter Articles on Administrative Law

Feret v. Schillerstrom: Second District By Phillip B. Lenzini Administrative Law, October 2006 In what might be the first exhibit of the proof that the Appellate Court has too much time on its hands, or improvidently issues unpublished orders under Supreme Court Rule 23, which then lead to subsequent appeals and published opinions, the Appellate Court, Second District, has recently decided the case of Feret v. Schillerstrom.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, October 2006 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.
Necessary parties—Strict adherence again By Patti Gregory-Chang Administrative Law, September 2006 On July 21st, 2006 the First District rendered its opinion in Catamount Cargo Serv. v. Illinois Dep’t of Employment Serv. This case relating to necessary parties follows a long line of cases strictly interpreting the Administrative Review Law.
Proper exhaustion of administrative remedies? By Patti Gregory-Chang Administrative Law, August 2006 The majority of the Justices on the Supreme Court of the United States recently declared that an appellant must PROPERLY exhaust administrative remedies before pursuing a claim in Federal Court. Woodford v. Ngo, 126 U.S. 2378 (2006).
Hearsay in Administrative Hearings—Follow Up By Marc Christopher Loro Administrative Law, July 2006 This is a follow up to an article which appeared in the April 2006 edition of this newsletter titled “The Use of Hearsay in Contested Cases: To be or not to be?”
Unintended consequences of administrative review law amendments snare the unwary By J.A. Sebastian Bench and Bar, June 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.
Adding necessary parties to administrative review actions—A practical approach By Carl R. Draper Administrative Law, March 2006 A case that should have been under the watchful eye of all administrative law attorneys has now been resolved by the Illinois Supreme Court.
Appellate court analyzes procedures regarding the City of Chicago Department of Administrative Hearings By Andrew Creighton Administrative Law, March 2006 The appellate court recently reviewed administrative procedures used by the City of Chicago in its Department of Administrative Hearings. Dombrowski v. City of Chicago, No. 1-05-0321, 1st Dist. 4th Div. 2005.
City of Chicago adjudication withstands challenge again By Patti Gregory-Chang Administrative Law, February 2006 Once again, the City of Chicago's scheme for adjudication of Municipal violations has been upheld after a challenge in Dombrowski v. City of Chicago.
Rodriguez reiterates the 35-day rule of the administrative review law By J.A. Sebastian Administrative Law, February 2006 The time has come to speak of rules, and slips, and who's been lax. In Rodriguez v. Sheriff's Merit Commission of Kane County, No. 100165, the court considered whether the circuit court should have granted a section 2-0619 motion to dismiss a complaint filed pursuant to the Illinois Administrative Review Law (735 ILCS 5/3-101 though 3-113 (West 2002)) (“ARL”) on the basis of subject matter jurisdiction. 
Administrative review: Unintended consequences of ARL amendments snares the unwary. Strict compliance with statutes are required to obtain administrative review By J.A. Sebastian General Practice, Solo, and Small Firm, January 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.
Drafting committee for the Model State APA is seeking input Administrative Law, January 2006 Those interested in the Model State APA have been asked to submit their ideas to Professor John Gedid, reporter for the drafting committee.
Medical reform bill’s effect on the statute of limitations clause pursuant to the Medical Practice Act By James Goldberg Administrative Law, January 2006 The Illinois Department of Professional Regulation, in fulfilling its obligation to protect the health, safety, and welfare of the people of the State of Illinois, administers the State statutes that govern licensure and discipline of professional and occupational groups.
7th Circuit opinion explains administrative law judge’s obligation to build a full record, with complete evidentiary support, and to adequately discuss issues By Andrew Creighton Administrative Law, December 2005 The Seventh Circuit U.S. Court of Appeals has affirmed the reversal of an administrative law judge's denial of social security disability benefits based on the failure of the administrative law judge (ALJ) to build a full record containing evidentiary support, and to adequately discuss the issues.
Appellate Court explains basis for reversal under the “clearly erroneous” standard and also finds Section 3-115 of the Illinois Pension Code unconstitutional By Andrew Creighton Administrative Law, December 2005 The Illinois Appellate Court, First District, recently addressed several important substantive issues of administrative law and declared 40 ILCS 5/3-115 (part of the Illinois Pension Code) unconstitutional for lack of due process.
Politics and Plan B By Avni Patel Administrative Law, November 2005 On August 26, 2005, the Federal Food and Drug Administration (FDA) Commissioner, Dr. Lester M. Crawford, announced the postponement of a final decision regarding an application by Barr Laboratories on whether to allow nonprescription sales of its controversial emergency contraceptive pill, Plan B, for women over the age of 17.
Exhaustion revisited By Patti Gregory-Chang Administrative Law, October 2005 The First District recently ruled in a series of appeals from administrative review actions under the caption Illinois Health Maintenance Org. Guarantee Ass'n v. Shapo.
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.