Publications

Section Newsletter Articles on Administrative Law

Ex Parte Communication—Guidelines for the Administrative Law Judiciary By Hon. Ann Breen-Greco Administrative Law, July 2007 The concept of ex parte communication is well grounded in principles of fundamental fairness which prohibit a judge/administrative law judge/impartial hearing officer or any neutral decision-maker from communicating with either party in a dispute before the decision-maker, without the participation of the other party.
Summary of recent decisions By Hon. Edward J. Schoenbaum, Jr. Administrative Law, July 2007 Recent cases of interest to administrative law practitioners.
Amendments to administrative practice: Is a central core panel a good idea? By J.A. Sebastian Administrative Law, June 2007 A central core panel is the heart of Illinois Senate Bill 58, introduced on January 31, 2007, by Senator Harmon, which would amend the Illinois Administrative Procedure Act and create the Office of Administrative Hearings under the jurisdiction of the Governor, at 5 ILCS 100/12-5. 
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, June 2007 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.
Exhaustion of administrative remedies clarified? By Patti Gregory-Chang Administrative Law, May 2007 The Appellate Court in Illinois Health Maintenance Guar. Ass’n v. Department of Ins. left as many questions unanswered as it clarified regarding exhaustion of administrative remedies.
Illinois Health Maintenance Org. Guarantee Ass’n v. Department of Ins., additional issues By Bernard Z. Paul Administrative Law, May 2007 The recent Illinois Appellate Court case of Illinois Health Maintenance Org. Guarantee Ass’n v. Department of Insurance, consolidated with University of Chicago Hospitals v. Manna, was decided by a divided appellate court on March 5, rehearing denied March 30, 2007.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, May 2007 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.
JCAR insists on its own system of statutory citation By Marc Christopher Loro Administrative Law, April 2007   This article relates the frustrating journey of the author's disagreement with JCAR, examines (or speculates on) the legal basis for JCAR’s system of statutory citation, and suggests some solutions to this conflict.
Due process and ethical issues for administrative judges By William A. Price Administrative Law, March 2007 Due process requirements of the U.S. and Illinois Constitutions, and the requirements of both professional and judicial ethics, may apply to actions of ALJs.
Guidance on the Illinois Administrative Review Law By J.A. Sebastian Administrative Law, March 2007 For those members who do not regularly review the ISBA Web site electronically (www.isba.org), or link to the Administrative Law Section Council, here’s a quick screen-saver from that Section’s link that provides the mission of the ISBA Administrative Law Section.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2007 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.
Exhaustion, waiver and preemption: Poindexter v. State of Illinois By Jewel N. Klein Administrative Law, February 2007 If you are looking for a primer on exhaustion of administrative remedies, the necessity of making constitutional challenges at the agency level, and federal preemption of state law, the Fourth District’s opinion in Poindexter v. State of Illinois will come in handy.
McGaw Medical Center’s fall into the ARL’s dangerous minefield By J.A. Sebastian Administrative Law, January 2007 When relief is sought from an adverse decision involving a claim for unemployment compensation benefits, who are the necessary-party defendants in a complaint seeking administrative review of that decision?
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2007 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.
Supreme court overturns appellate court in Marconi v. Chicago Heights Police Pension Board, reinstates board’s denial of disability benefits, and leaves Section 3-115 of the Illinois Pension Code intact By Rita Novak Administrative Law, January 2007 Just a year ago an article appeared in this newsletter discussing the Appellate Court’s decision in Marconi v. Chicago Heights Police Pension Board.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, November 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.
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.
Special Education Hearing Officer: A “hybrid” federal/state Administrative Law Judge By Hon. Ann Breen-Greco Administrative Law, October 2006 The role of a Special Education Hearing Officer/ALJ is unique: a “hybrid” ALJ—one who is part of a “national corps” of Special Education HO/ALJs, working under a federal statute, whose decisions are reviewed in federal court, and who is paid by federal funds but who works for a state board of education which administers the program.
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.
Summary of recent decisions Administrative Law, September 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.
Illinois Association of Administrative Law Judges (IAALJ) holds first MCLE educational program By Judge Ann Breen-Greco Administrative Law, August 2006 On June 9, 2006, the Illinois Association of Administrative Law Judges (IAALJ) held its first MCLE Educational Program, “Judicial Training for the Administrative Law Judiciary,” featuring judges, law professors, and attorneys.
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).
Summary of recent decisions Administrative Law, August 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.
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?”
Summary of recent decisions Administrative Law, July 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.
Two Memorandum Orders by Judge Julia Nowicki Administrative Law, July 2006 This matter comes before the Court on Petition of the Plaintiff, Leslie Szklarczyk, for Administrative Review of the revocation of the plaintiff's Illinois Identification Card.
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.
Illinois Attorney General issues opinions By Cynthia I. Ervin Administrative Law, May 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Illinois 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.
Summary of recent decisions Administrative Law, May 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.