Illinois Appellate Court
Civil Court
Physician Licensing
Plaintiff appealed from a circuit court order upholding the final administrative decision by the Department of Financial and Professional Regulation denying plaintiff’s petitioner to restore his medical license after a period of suspension. The appellate court reversed and remanded for a new administrative hearing, finding that the department violated plaintiff’s due process rights when it held that plaintiff had failed to demonstrate clinical competency as required by section 1285.130 of the Administrative Code even thought that issue was not raised by either party prior to the department’s decision. (FITZGERALD SMITH and ELLIS, concurring)