Administrative Law

The newsletter of ISBA’s Section on Administrative Law

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2003 Articles

Medical staff disciplinary hearings By Michael K. Goldberg January 2003 Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
Municipality’s or county’s denial of a conditional use permit is an administrative act, not a legislative act March 2003 Until recently, the effort to determine whether denial of a special use permit by a municipal or county board was administrative--and, therefore, subject to the Administrative Review Act--or legislative (subject to review via a declaratory judgment action) was mind numbing.
NAALJ/ABA-NCALJ mid-year a resounding success By Ann Breen-Greco September 2003 The National Association of Administrative Law Judges and the American Bar Association National Conference of Administrative Law Judges Mid Year Education Program, "Administrative Law Judges and Agencies Working to Enhance Public Confidence In Administrative Adjudication," was a very successful event, both in terms of content and turnout.
The next big thing in antitrust By Spencer Weber Waller March 2003 Although the Supreme Court has not taken many antitrust cases in recent years, this is about to change.
The NFR Letter- A potential property tax blessing in disguise By Kevin B. Hynes October 2003 For those redeveloping contaminated properties, the daunting task of obtaining a No Further Remediation Letter ("NFR Letter") is a major barrier to bringing a property back to productive use.
Petition for review filed on 42nd day held timely under Illinois Administrative Review Law By J.A. Sebastian 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.
Premature filing of complaint for administrative review deprives court of jurisdiction March 2003 Regular readers of this newsletter know that if a complaint for administrative review is filed late, which usually means more than 35 days after the agency decision is issued, the circuit court lacks jurisdiction to adjudicate.
Recent case April 2003 A dispute regarding an agency's informal or advisory opinion letter may or may not be a regulatory conflict constituting a case or controversy
Recent cases By Paul E. Freehling November 2003 Documents submitted by Illinois administrative agencies to the Illinois Attorney General pertaining to requests for Attorney General opinions are not necessarily exempt from disclosure under the Illinois Freedom Of Information Act (FOIA)
Recent cases of interest March 2003 In re: Public Offering Fee Antitrust Litigation, 2002 U.S. App. LEXIS 25717, 52 Fed. Appx. 548 (2d Cir., 2002).
Recent decisions March 2003 Lockett again defeats an effort to obtain administrative review, even though the absence of a party to the administrative proceedings was not raised as a defense in the circuit court
Summaries of recent decisions June 2003 Plaintiff alleged that defendant's exclusive contracts with retail stores for the placement of at-shelf coupon dispensers foreclosed competition in violation of the Sherman Act, the Illinois Antitrust Act, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1, et seq.) and common law.
Summary of recent decisions November 2003 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.
Summary of recent decisions September 2003 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.
Village may not increase the parking fines for offenders who request a trial before paying their tickets March 2003 In a landmark decision, the First District Illinois Appellate Court has held a village parking ordinance to be unconstitutional because it imposes an increased penalty on a ticket recipient who is found guilty after seeking a hearing on the merits.