2007 Articles

2007 Fellowship By Hon. Edward J. Schoenbaum, Jr. April 2007 The National Administrative Law Judge Foundation, the public interest arm of the National Association of Administrative Law Judiciary, http://www.naalj.org/, is requesting applications for the 2007 Fellowship.

7th Circuit finds that “Stay-put” does not encompass Individuals with Disabilities Education Act (IDEA) services provided outside of the Student’s Individual Education Plan (IEP) By Judge Ann Breen-Greco October 2007 Determining that the IDEA’s stay-put (a student’s current placement) provision does not apply to services provided outside of an IEP, the 7th Circuit reversed a District Court’s injunction and remanded the case for further proceedings, noted Amy E. Slater, Esq. who covers special education legal issues for LRP Publications.

Amendments to administrative practice: Is a central core panel a good idea? By J.A. Sebastian 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.

Ann Breen-Greco, Chicago Kent College of Law ’84, Administrative Law Judge December 2007 Learn more about Administrative Law Judge Ann Breen-Greco.

Can a corporation file a complaint for administrative review? Siakpere says no. By J.A. Sebastian August 2007 In a recent appellate court decision, Siakpere v. City of Chicago, the Illinois appellate court reminds practitioners that a complaint filed by a non-lawyer on behalf of a corporation is null and void from the beginning.

Chair’s column By Bernard Z. Paul August 2007 The Administrative Law Section Council held its organizational meeting on Thursday, June 21, 2007 in Fontana, Wisconsin.

Chair’s column By Bernard Z. Paul July 2007 A message from Chair Bernard Paul.

Chair’s Column: 2007 legislative update By James W. Chipman March 2007 The 2007 spring legislative session convened on January 10. After the installation of new members, the 95th General Assembly wasted no time in introducing an assortment of new legislation.

Chair’s Column: 2007 Spring Seminar update By James W. Chipman January 2007 A message from Section Chair Jim Chipman.

Chair’s column: A debt of gratitude By James W. Chipman June 2007 It was with a great sense of pride that I served these last 12 months as Chair of the Administrative Law Section Council.

Chair’s Column: Administrative Law Handbook revision update By James W. Chipman February 2007 The Handbook of Illinois Administrative Law was last published in April 2001. With any legal treatise, constant revisions are required in order to keep practitioners updated on the latest developments in their field.

Chair’s column: Seminar on driver’s license issues set for June 9 By James W. Chipman May 2007 Whether you are an experienced attorney, a new associate, or hanging out your own shingle, you are bound to come across a client or a friend with a driver’s license problem.

City of Chicago attains another victory in ordinance violation enforcement By Patti Gregory-Chang September 2007 The Appellate Court for the First District recently handed down a ruling with far-reaching implications for municipal administrative law in Illinois.

City’s Department of Administrative Hearings to Launch Pilot Legal Help Desk October 2007 By mid-September a new legal aid help desk will be open and operating at the Chicago Department of Administrative Hearings.

District conflict over interpretation of Illinois FOIA? By Peter Horst December 2007 The Illinois Freedom of Information Act requires public bodies to disclose public records upon request, unless the information requested falls within a limited number of statutory exemptions.

Due process and ethical issues for administrative judges By William A. Price 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.

E-Mail Retention Policies and the Local Records Act By Richard G. Flood & Jenette M. Schwemler July 2007 While many have leapt to the conclusion that the Local Records Act requires preservation of anything and everything dealing with public business that happens to enter or leave a municipally owned computer, reading the statute three times, as Supreme Court Justice John Roberts suggests, reveals a quite different intent.

E-mail use—When does it constitute a meeting? By John H. Brechin April 2007 Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the site of the meeting.

Ex Parte Communication—Guidelines for the Administrative Law Judiciary By Hon. Ann Breen-Greco 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. The concept is also generally understood to prohibit any communication from any source, outside the presence of any party that might confer an advantage on any of the parties.

Exhaustion of administrative remedies clarified? By Patti Gregory-Chang 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.

Exhaustion, waiver and preemption: Poindexter v. State of Illinois By Jewel N. Klein 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.

Failure to name the proper party in administrative agency appeals—Still a fatal flaw By Kathryn B. Richards October 2007 The Second District Illinois Appellate Court recently added another precedential decision to the growing line of cases that apply a particularly narrow interpretation of the Administrative Review Law.

The Fourth Amendment and drug testing in the public employment sector: A review of Krieg v. Seybold, 481 F.3D 512 (7TH CIR. 2007) By Seth L. Ellis December 2007 The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches conducted by the Government, including when the Government acts as an employer.

Guidance on the Illinois Administrative Review Law By J.A. Sebastian 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.

Illinois Association of Administrative Law Judges December 2007 A shared interest in heightening awareness of the administrative law judiciary has long connected Judges Ann Breen-Greco and Berta Requena, who first met at a meeting of the Illinois Judicial Council.

Illinois Health Maintenance Org. Guarantee Ass’n v. Department of Ins., additional issues By Bernard Z. Paul 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.

Illinois legal community and Department of Veterans’ Affairs come together to support veterans October 2007 Justice Thomas R. Fitzgerald of the Illinois Supreme Court, Director L. Tammy Duckworth of the Illinois Department of Veterans’ Affairs, officials of The John Marshall Law School and the Illinois State Bar Association announced Wednesday a joint initiative to support Illinois veterans in obtaining legal services and disability and educational benefits.

Inside December 2007 This is a very special issue of the Newsletter. As you can see, the first two articles concern ALJ, and very active Section Council member, Ann Breen-Greco.

Inside November 2007 The role of attorneys and accountants in administrative proceedings is not identical to their role in a court. Julie-April Montgomery wrote an article for the ISBA Tax Trends Newsletter about their role in state and local tax hearings.

Inside October 2007 This issue of the Newsletter contains a lot of interesting and useful information on diverse subjects.