2005 Articles

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 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.

Administrative law judges/hearing officers are judicial officers and may not be deposed By Hon. Ann Breen-Greco February 2005 The issue of immunity for Administrative Law Judges (“ALJs”) and Hearing Officers (“HOs”) was raised again recently when an Illinois Special Education Hearing Officer was allowed to be deposed.

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 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.

Attorney General issues opinions By Cynthia I. Ervin 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.

Attorney General issues opinions By Cynthia I. Ervin 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.

Chair’s corner By Terry Shafer Hoffman June 2005 Learn more about member Ann Breen-Greco.

Chair’s corner By Terry Shafer Hoffman April 2005 Learn more about member Jewel Klein.

Chair’s corner By Terry Shafer Hoffman March 2005 Learn more about member Cindy Ervin.

Chair’s corner By Terry Shafer Hoffman February 2005 This is the third installment of the Chair’s Corner where I introduce all of you to one of our active section council members.

Chair’s corner By Terry Shafer Hoffman January 2005 This is the second installment of the Chair’s corner and is again devoted to introducing readers to an active member of the Section Council.

Emergency rule-making—Haste makes waste By Carl R. Draper April 2005 Rule-making is a big task for most state agencies. It is tedious enough under normal circum- stances, but pressures sometimes make the headaches even worse.

Exhaustion revisited By Patti Gregory-Chang 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.

Hot topics in education law By Paul E. Freehling February 2005 On Friday, February 25, 2005, at the ISBA’s Chicago Office from 9 AM to 4 PM, the ISBA Education Law Section will present a seminar on the subject of education law.

Inside December 2005 In this issue, Administrative Law Section member Andy Creighton provides us with two interesting articles.

Inside November 2005 In this issue we are pleased to publish the first article by one of our new student editors. Avni Patel attends Northern Illinois University College of Law where she is in her third year.

Inside October 2005 Following an announcement by Section Council Chair Vickie Gillio concerning an upcoming seminar dealing with mediation, Section Council member Patti Gregory-Chang describes a recent exhaustion of administrative remedies case where the failure to seek a rehearing proved fatal to an appeal.

Inside September 2005 This issue of the newsletter begins with a preview by Andy Creighton of an important case pending before the Illinois Supreme Court.

Inside August 2005 An introduction to the issue.

Inside June 2005 Section Council Chair begins this issue with a biography of Ann Breen-Greco. Ann is a respected Administrative Law Judge as well as a tireless volunteer and writer

Inside April 2005 As usual, this issue of the Newsletter begins with the Chair’s Corner. In her article this time, Terry Shafer Hoffman profiles Jewel Klein, a long-time member of the Section Council and contributor of many articles to the Newsletter.

Inside March 2005 Following Terry Hoffman’s “Chair’s Corner,” this issue con- tains a somewhat satirical, but very astute, article by Section Council member Jewel Klein concerning one possible explanation for judicial cita- tions of older—sometimes ancient— court opinions.

Inside February 2005 Following Section Council Chair Terry Hoffman’s column continuing her biographical series concerning Section Council members, you will find a short article about an upcoming seminar that is of potential interest to many lawyers and others who practice in the administrative law arena.

Inside January 2005 This issue’s four articles are on diverse subjects. The first, by Section Council Chair Terry Shafer Hoffman, introduces our readers to Marc Loro, a Section Council member and an employee of the Illinois Secretary of State’s office.

ISBA newsletter authors can receive CLE program September 2005 The ISBA announces its new newsletter article authors CLE discount program.

Lawyers lending a helping hand—Katrina relief By Ann Breen-Greco, J.A. Sebastian, & Vickie Gillio November 2005 Lawyers throughout the nation individually and through professional organizations have risen to the challenge of Hurricane Katrina and are giving a helping hand to address the many-faceted ramifications of the Katrina Disaster.

Legislative update for Administrative Law Section Council By Cynthia I. Ervin & Marc Christopher Loro 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.

Making money practicing administrative law By Jewel N. Klein February 2005 In an administrative proceeding, there are two ways to recover attorney fees.

Mean-its and their opinions By Jewel N. Klein March 2005 Some people believe in Santa Claus and the Easter Bunny. I believe in “Mean-Its” and the fruits of their labors, the Mean-It Opinions.

Politics and Plan B By Avni Patel 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.

A previous court ruling of invalidity of an agency’s rule does not necessarily bar attorney fees in a subsequent case By Bernard Z. Paul October 2005 The Appellate Court for the Second District recently heard, and decided in a supplemental opinion, a petition for attorney fees under the Expense and Attorney Fees Statute found in the Illinois Administrative Procedure Act.