2002 Articles

An annual survey of administrative law 2001 By William A. Price & Kelley Beehner March 2002 "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 By J.A. Sebastian April 2002 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).

Chair’s Column By Hon. Edward J. Schoenbaum July 2002 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.

Chair’s Column By Edward J. Schoenbaum March 2002 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.

Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall April 2002 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.

Daniels v. Industrial Commission July 2002 The Illinois Supreme Court has ruled that an Industrial Commission decision is void because the panel that rendered it was not legally constituted

Editor’s note December 2002 There was a large turnout for the November 20 joint CBA/ISBA program on the DOJ/FTC's extensive hearings and study of the interface between antitrust law and intellectual property rights.

Editor’s note By John L. Conlon May 2002 A corporation may be genuinely shocked to discover that some of its employees responsible for a division or a product line have been engaged in bid rigging or some other criminal antitrust conduct.

House Bill 3098—Certification of closed meetings—dies By Pat Lord June 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.

How do I climb the ladder to success in SSA adjudications By David R. Bryant April 2002 The five rungs of administrative procedure involved in getting benefits for your client can kill you.

Inside October 2002 In June 2002, several members of the Administrative Law Section Council met with representatives of several state agencies to discuss matters of mutual concern.

Inside September 2002 This issue of the newsletter begins with an article by Section Council member Terry Shafer.

Inside July 2002 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.

It’s a matter of respect—Civility, competency, quality and professionalism in Illinois administrative hearings and Illinois courts of review By Terry Shafer September 2002 As a member of the Illinois State Bar Association, I am aware of the Association's strong desire to maintain and, in some circumstances, attain civility and integrity in the Illinois justice system.

Letter to Gov. George H. Ryan July 2002 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 By Kristine Neal September 2002 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.

Minutes of recent meetings of the section council July 2002 A report was given on HB 1829 regarding increased filing fees. The Council voted unanimously to oppose it.

Recent case October 2002 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.

Recent section council activities October 2002 A brief presentation was made by Gilda Hudson Winfield on behalf of the Illinois Bar Foundation.

Roundtable discussions with Illinois agencies October 2002 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.

Statutory developments By Kelley Beehner March 2002 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 By Joy A. Roberts & Vickie Gillio October 2002 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.

Unauthorized practice of law in administrative proceedings By Claire A. Manning April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.