Subject Index Administrative Law

The Illinois General Assembly amended the Illinois Administrative Procedure Act. Language access rights in administrative proceedings have been strengthened. Contested hearings before administrative bodies must provide “language access services,” which include interpretation, sight translation, written translation, and bilingual staff services.

The Pollution Control Board adopted amendments to the Parts titled Visible and Particulate Matter Emissions, Organic Material Emission Standards and Limitations, Carbon Monoxide Emissions, and Nitrogen Oxides Emissions.

The Illinois State Board of Education (ISBE) adopted amendments to the Part titled Public Schools Evaluation, Recognition, and Supervision. After initial implementation during the 2023-24 school year, additional updates were needed to align the Part with other regulations and state agencies.

The Department of Financial and Professional Regulation adopted amendments and new sections to the Cannabis Regulation and Tax Act, which establishes a regulatory framework for cannabis dispensaries.

The Department of Children and Family Services adopted amendments regarding appearances for administrative case reviews and court hearings to reflect current practice. Administrative case reviews can be conducted remotely through phone or video conferencing, but may be conducted in person if the reviewer finds it necessary.

On Feb. 6, 2024, the Fourth District of the Illinois Appellate Court held that a date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a final administrative decision under the Administrative Review Law.

The Illinois State Police adopted amendments to the Parts titled Firearm Owners’ Identification Card Act and the Firearm Concealed Carry Act. These amendments clarify the Firearm Owner’s Identification Card (FOID) and the Firearm Concealed Carry License (FCCL) process.

On Sept. 16, 2021, the Second District of the Illinois Appellate Court affirmed the circuit court’s reversal of a final administrative decision regarding Supplemental Nutrition Assistance Program (SNAP) benefits.

On Oct. 22, 2020, the Illinois Supreme Court held that plaintiffs challenging an administrative agency’s authority are excused from exhausting their administrative remedies.

Public Act 101-0639 amends the Regulatory Sunset Act and adds multiple entries to the list of acts that are repealed on Jan. 1, 2022.

The General Assembly established the Restore Illinois Collaborative Commission to address “the heightened need for collaboration between the legislative and executive branches” due to the economic impact from COVID-19.

The General Assembly passed an amendment directing the Illinois Department of Insurance to appoint a task force on business interruption insurance policies.

The Civil Administrative Code of Illinois was amended by adding section 5-725, which mandates that, unless otherwise provided by law, no department may deny an applicant an occupational or professional license based solely on the applicant’s citizenship or immigration status.

In July, the Department of Human Services (DHS) adopted amendments to the procedures the Office of Inspector General must follow when investigating alleged abuse or neglect occurring in state-operated facilities and community agencies

The Office of the Treasurer adopted a new Part titled Rules of Practice in Administrative Hearings (74 Ill. Adm. Code 730 (effective May 23, 2018)) providing guidance on administrative hearings conducted by the state treasurer that are not specifically provided for within the Illinois Administrative Code.

In an effort to ease fee collection, the Office of the State Treasurer adopted a new Part titled E-Pay Program, implementing Public Act 99- 856 (74 Ill. Adm. Code 735) (eff. Dec. 15, 2017).

A "third-party provider" is defined as an entity that provides house fulfillment services including warehousing, packaging, distributing, order processing, or shipment of wine-but does not sell wine.

The Illinois Supreme Court affirmed a circuit court's finding of jurisdiction over a case despite the plaintiff's failure to file her complaint for judicial review of the Department of Children and Family Services' ("DCFS") decision within 35 days of service of notice.

The Secretary of State adopted amendments that implement recent statutory changes by allowing investment in a new or existing business through crowdfunding or collecting funds on the internet.

On April 8, 2015, the Illinois Court of Appeals, Fourth District, held that a 2008 amendment to the Administrative Review Law does not save a complaint that named improper parties.

Under this amendatory act, the only transfers among line item appropriations to a State agency from the same State Treasury fund, starting in the state fiscal year 2015, must be ones that are made for an operational or lump sum expense only.

Pursuant to amendments to the Illinois Code of Civil Procedure, if a municipal code hearing officer's decision is reversed by a court in an administrative review action, the plaintiff is entitled to all reasonable costs (including court costs and attorney's fees), provided that:

On September 18, 2014, the Illinois Supreme Court held that circuit courts retain jurisdiction over administrative review complaints, even if they are filed in an improper venue. Mary Slepicka resided at Holy Family Villa, a nursing home in Cook County.

Recent amendments to the State Toll Highway Rules have increased the amount of time that individuals are given to pay tolls, fees, and fines after a final order is entered following a toll violation hearing. 92 Ill. Adm. Code 2520 (eff. Sept. 25, 2014).

The Illinois State Toll Highway Authority has increased the speed limits on non-urban portions of I-90 and I-88 to seventy miles per hour. 92 Ill. Adm. Code 2520 (eff. May 9, 2014).

The Nature Preserves Commission (the "Commission") recently developed policies that clarify the type of data inventoried and maintained by the Commission, assess fees on those accessing the data, and limit how natural heritage data may be used. 17 Ill. Adm. Code 4020 (eff. Jan. 10, 2014).