Publications

Articles on Administrative Law

‘Third-party provider’ of wine defined to include new record keeping requirements

October
2017
Illinois Law Update
Page 18
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.

Administrative agencies should clarify the meaning of service date in notice provisions

May
2017
Illinois Law Update
Page 16
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.

New regulations address crowdfunding

April
2017
Illinois Law Update
Page 22
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.

From the Newsletters - Do you read the Flinn Report? Here’s why you should.

August
2016
Article
Page 29
If you want to watch the regulatory sausage being made - and even weigh in during the process - you need to be in with Flinn.

Pilot program aims to improve the administrative hearings process

By Matthew Hector
June
2016
LawPulse
Page 12
It will take more than a one-year pilot program to make a dent in the big backlog of administrative hearings, an ISBA lawyer says.

Federal Administrative Law: New and Updated Resources

By Tom Gaylord
March
2016
Column
Page 58
A fresh look at the many free resources available for researching federal regulations and agencies.

Removing hypertechnicality from administrative review

By Matthew Hector
February
2016
LawPulse
Page 12
Proposed amendments to administrative law would allow lawyers to correct their minor procedural missteps and avoid costly damage to their clients.

Pleading deficiencies not cured by 2008 Administrative Review Law amendment

July
2015
Illinois Law Update
Page 18
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.

Transfers among line item appropriations in state fiscal year 2015

June
2015
Illinois Law Update
Page 16
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.

Recovering court costs and attorney’s fees in administrative appeals

January
2015
Illinois Law Update
Page 16
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:

Circuit courts retain jurisdiction to hear administrative review actions when filed in improper venues

December
2014
Illinois Law Update
Page 572
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.

Extra time to pay toll way fees and fines

December
2014
Illinois Law Update
Page 572
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).

Speed limit increased on I-90 and I-88

August
2014
Illinois Law Update
Page 372
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).

Modified procedures for inventorying and accessing natural heritage data

April
2014
Illinois Law Update
Page 168
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).

Photographs now required for fingerprint-based background investigations

January
2014
Illinois Law Update
Page 16
As of January 1, 2014, fingerprint-based background investigations conducted by non-criminal justice entities must include the individual's fingerprint images and also a photograph of the individual. 20 Ill. Adm. Code 1265.30.

New reporting requirements to transport gas and operate gas pipeline facilities

December
2013
Illinois Law Update
Page 612
Effective September 10, 2013, the Illinois Commerce Commission adopted Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities. 83 Ill. Adm. Code 590.

Amendments to Consultation Procedures

October
2013
Illinois Law Update
Page 504
The Illinois Department of Natural Resources (the "Department") amended its consultation procedures effective as of July 5, 2013. 17 Ill. Adm. Code 1075.

Enforcing night speed limits on the Fox Chain O’Lakes

October
2013
Illinois Law Update
Page 504
Effective July 5, 2013, the Illinois Department of Natural Resources adopted an amendment which allows Conservation Police Officers and local law enforcement officers to enforce the night speed limits designated by the Fox Waterway Agency on the Fox Chain O'Lakes. 17 Ill. Adm. Code 2030.30(g)(2).

Amendments to Illinois Gaming Board policies

September
2013
Illinois Law Update
Page 452
As of May 23, 2013, the Illinois Gaming Board (the "Board") made significant changes to the Illinois Gaming Board policies. See 11 Ill. Adm. Code 1800.

Department of Aging to participate in electronic data-sharing agreements among public service departments. PA 098-0008

August
2013
Illinois Law Update
Page 392
The Department of Aging will now have the power to share and request information about income, identification, and other applicable program and service eligibility information electronically through the use of data-sharing agreements with the Social Security Administration, the Department of Employment Security, the Department of Health and Human Services, and "any other governmental entity." 20 ILCS 105/4.01.

Fracking Comes to Illinois

By Leonard S. Kurfirst and Colin P. O’Donovan
August
2013
Article
Page 404
What exactly is fracking? How big an impact might it have in Illinois? This article reviews the process and the new state law.

Implementation of the Appraisal Management Company Registration Act

May
2013
Illinois Law Update
Page 228
Newly enacted section 1452 of Title 68 of the Illinois Administrative Code, promulgated by the Department of Financial and Professional Regulation (the "Department"), is directed towards appraisal services and specifies rules implementing provisions of the Appraisal Management Company Registration Act, 225 ILCS 459. 68 Ill. Adm. Code 1452.

Amendments to sewer discharge criteria

April
2013
Illinois Law Update
Page 176
The Illinois Pollution Control Board (the "Board") recently adopted amendments to regulations governing wastewater pretreatment regulations. 35 Ill. Adm. Code 307.

Procedures implementing limitations on licensing health care workers upon criminal charges or conviction

April
2013
Illinois Law Update
Page 176
Recently adopted administrative rules issued by the Department of Financial and Professional Regulation (the "Department") establish procedures implementing amendments to the Civil Administrative Code of Illinois (the "Code"), 20 ILCS 2105/2105-15(i), barring licensing of health care workers who have been convicted of enumerated offenses. See 68 Ill. Adm. Code 1130.

Amendments to Payday Loan Reform Act affect military members

March
2013
Illinois Law Update
Page 124
The Illinois Department of Financial and Professional Regulation (the "Department") recently adopted amendments to regulations governing payday loans. 38 Ill. Adm. Code 210.

New rules regulate marketing, consumer contracts by retail electric suppliers

March
2013
Illinois Law Update
Page 124
Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.

Procurement of Domestic Products Act shall apply to the Public Community College Act. PA 097-1105

March
2013
Illinois Law Update
Page 124
The Public Community College Act is amended to alter the list of state laws and related administrative rules that apply to the Act. 110 ILCS 805/1-3.

Amendments to radiation installations requirements

February
2013
Illinois Law Update
Page 72
The Illinois Emergency Management Agency (the "Agency") recently adopted amendments to registration and operator requirements for radiation installations. 32 Ill. Adm. Code 320.

Implementation of the Uniform Disposition of Unclaimed Property Act

October
2012
Illinois Law Update
Page 520
The Uniform Disposition of Unclaimed Property Act (765 ILCS 1025) regulates and establishes parameters for the disposition of abandoned and unclaimed property.

Approval of new units of instruction, research, and public service at public institutions

July
2012
Illinois Law Update
Page 352
The Board of Higher Education (“the Board”) recently adopted amendments to the regulations governing public colleges and universities. 23 Ill. Adm. Code 1050.

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