2008 Articles

Administrative review bills that have been approved by the 95th General Assembly By William A. Price September 2008 Senate Bill 2111 amends the Illinois Administrative Procedure Act in regard to procedures for naming parties and for serving summons and decisions.

Agency Procedures and Administrative Rules 1: Information Sources By William A. Price August 2008 Agency rules of practice, like the rules of court, often determine who wins and loses in administrative proceedings. These rules get rewritten from time to time.

Are employment contracts a matter of record and available under FOIA? By Marc Christopher Loro June 2008 This article examines the applicable FOIA provisions, and the appellate court’s reasoning and holding that the contracts must be disclosed.

Briefly Noted: Australian Administrative Law By William A. Price August 2008 It is likely that an Australian court, faced with an arbitrary or capricious (or purely political, without legal basis) administrative agency decision, and presented with appropriate precedents by competent counsel, would reach a result not-too-dissimilar to one that could be expected in Illinois.

A conversation with Justice Ruth Bader Ginsburg By Hon. Ann Breen-Greco October 2008 The National Association of Women Judges’ Midwestern Regional Leadership Conference brought Justice Ruth Bader Ginsburg to Chicago for two memorable events on August 27 and 28.

Court confusion regarding challenges to municipal land use decisions By Mark A. Austill January 2008 On September 24, 2007, the First District Appellate Court rendered its opinion in Chicago Title Land Trust Co. v. Board of Trustees of Village of Barrington, 2007 WL 2769250 (App. Ct., 1st Dist. 2007).

Editor’s note By Paul E. Freehling May 2008 A message from Editor Paul Freehling.

Fines in Building Code cases—Mandatory By Patti Gregory-Chang May 2008 This article explores two lines of cases dealing with the imposition of fines in municipal code enforcement cases. It argues that the more compelling line requires courts and administrative bodies to rule within the mandates of ordinances which specify minimum and maximum fine ranges.

From State ALJ to Federal District Court Judge: Judge Rebecca R. Pallmeyer’s professional progression By J.A. Sebastian March 2008 On February 4, 2008, the Administrative Law Judges Committee of the Chicago Bar Association presented the Honorable Rebecca R. Pallmeyer as the guest speaker at its monthly lunch meeting.

ICE raids and regulations By Eileen Momblanco & Morgan Russell December 2008 In April 2006, the U.S. Immigration and Customs Enforcement (“ICE”) announced a more aggressive immigration enforcement campaign to hold employers more strictly accountable for employing undocumented workers.

Inside July 2008 An introduction to the issue from the newsletter's editor.

Inside June 2008 An introduction to the issue from the newsletter's editor.

Inside April 2008 An introduction to the issue from the newsletter's editor.

Inside March 2008 The Editor's introduction to the issue.

Inside January 2008 An introduction to the issue from Editor Paul Freehling.

Interpreting the rules By William A. Price December 2008 Client questions often call for careful parsing of language.

It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision.

The Local Records Act and Destruction of Public Records By Maryann Bullion April 2008 Have you ever deleted an e-mail or a computer file and thought nothing of it? Well, if one of your local government clients deletes an e-mail or throws away a file that contains information that should be considered a public record, they could be charged with a Class 4 felony.

Michele Jochner’s guidelines for writing effective ALJ opinions By Paul E. Freehling February 2008 Michele Jochner, law clerk to Illinois Supreme Court Justice Charles E. Freeman, spoke to the Chicago Bar Association Administrative Law Judges Committee on December 10, 2007 about how to write effective opinions.

Nuts and Bolts seminar—A big success By Jewel N. Klein December 2008 Giving up a bright warm and sunny Saturday in October, almost 50 lawyers attended our Section Council’s seminar in Springfield entitled “Nuts & Bolts: Representing Your Client in Drivers Licensing Issues at SOS – 2008.”

A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala & Stanley H. Jakala May 2008 In a significant and ground-breaking decision rendered on November 1, 2007, the Supreme Court ruled that there is no longer a requirement that three physicians selected by the board all certify that the applicant is disabled in order for a police officer to be awarded a disability pension.

Proposed Illinois Supreme Court Rules regarding municipal ordinance violations By Jewel N. Klein March 2008 The Administrative Law Section Council has received the text of a proposed series of Supreme Court Rules applicable to municipal ordinance violation prosecutions not punishable by a jail term and other than traffic offenses when such ordinance violations are prosecuted through the judicial system.

Provena Covenant Medical Center v. Department of Revenue By William A. Price October 2008 Hospitals and healthcare systems have changed significantly since the federal government and private insurance took over most patient payments.

Section Council news By William A. Price November 2008 News of interest to Administrative Law practitioners.

Seventh Circuit Court of Appeals judge explains principles applied to review of administrative decisions By Andrew Creighton April 2008 On March 10, 2008 Judge Diane P. Wood of the Seventh Circuit United States Court of Appeals addressed the Administrative Law Judges Committee of the Chicago Bar Association regarding appellate review of administrative law judges’ decisions.

Statutory Changes, 94th and 95th General Assemblies By William A. Price August 2008 This review notes revisions to the Administrative Procedure Act, Administrative Review Law, Freedom of Information Act, and Open Meetings Act in the 94th and 95th General Assemblies, based on keyword searches using the words of each of the above act’s titles in the Illinois General Assembly public acts database.

Summary of recent decisions By Hon. Edward J. Schoenbaum December 2008 Recent cases of interest to Administrative Law practitioners.

Summary of recent decisions By Hon. Edward J. Schoenbaum November 2008 Recent cases of interest to administrative lawyers.

Summary of recent decisions By Hon. Edward J. Schoenbaum October 2008 Recent cases of interest to administrative lawyers.

Summary of recent decisions By Hon. Edward J. Schoenbaum September 2008 Recent cases of interest to administrative law practitioners.