Publications

Rodriquez v. The Department of Financial and Professional Regulation

Illinois Supreme Court
Civil Court
Administrative Law
Citation
Case Number: 
2012 IL 113706
Decision Date: 
Thursday, November 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
GARMAN
Statutory fees available for invalidating an administrative rule must be requested while the court invalidating the rule retains jurisdiction over the underlying issue. Thus, fee petition per Section 10-55(c) of Illinois Administrative Procedure Act must be filed with the initial complaint or brought while the circuit or appellate court retains jurisdiction. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)