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Newsletter articles from 2002
An annual survey of administrative law 2001
"Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Appeal strikes out: Veazey v. Doherty
Whether construed as a jurisdictional defect, or viewed as nonjurisdictional, dismissal of an action to review a final decision of an administrative agency may result unless the complaint for review complies with the procedural requirements of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 3-113).
This is my last chair's column. It has been an honor and a pleasure for me to serve the interests of administrative law in Illinois the past eleven months.
I am still trying to track down more of our past chairs to ask them to write articles in this our 30th year of having a newsletters.
Daniels v. Industrial Commission
The Illinois Supreme Court has ruled that an Industrial Commission decision is void because the panel that rendered it was not legally constituted
In June 2002, several members of the Administrative Law Section Council met with representatives of several state agencies to discuss matters of mutual concern.
This issue of the newsletter begins with an article by Section Council member Terry Shafer.
Immediately following the Chair's article and a letter referred to in that article, this issue of the newsletter includes a summary by Section Council member Laura Kotelman of an important new decision by the Illinois Supreme Court.
Letter to Gov. George H. Ryan
As you are aware, Public Act 90-666 requires that the Illinois Administrative Code be available on-line by the end of the 92nd General Assembly, December 31, 2002.
Limitations of judicial review of administrative dismissal of complaint
The Court of Appeals for the District of Columbia recently held that the Federal Aviation Administration (FAA) did not violate its statutory responsibility in finding that Delta Airlines, when processing a flight attendant's drug test, neither violated FAA regulations nor breached a regulatory obligation by refusing to disclose information pertinent to that determination.
The D.C. Circuit Court of Appeals recently issued a per curiam 27-page slip opinion dealing with confusing questions relating to the permissible retroactivity of administrative regulations.
Roundtable discussions with Illinois agencies
On June 4, 2002 in Springfield, and on June 6 in Chicago, members of the ISBA Administrative Law Section Council met with representatives of various Illinois agencies.
The Illinois Administrative Procedure Act (5 ILCS 100) was amended by three Public Acts.
Supreme Court limits rights of illegal aliens in U.S. workplace
In a recent precedent-setting case, the U.S. Supreme Court held the National Labor Relations Board (NLRB) does not have discretion to award backpay to an illegal alien who was never legally authorized to work in the United States, as it would unduly infringe upon explicit statutory prohibitions critical to federal immigration policy, as expressed in the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a.