Illinois Bar Journal

Articles on Administrative Law

Is Moren unmoorin’ administrative agencies from statutory limits?

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
According to one informed observer, a recent appellate case gives administrative agencies powers the legislature didn't intend to confer.

State police amend procedures under Firearm Owner’s Identification Card Act

September
2003
Illinois Law Update
Page 436
The Department of Illinois State Police has adopted amendments that affect the issuance of firearm owner's identification cards and clarify the definition of an "antique firearm."

Department of Natural Resources amends classifications

August
2003
Illinois Law Update
Page 384
The Illinois Department of Natural Resources recently adopted amendments to 17 Ill Adm Code 110 and 17 Ill Adm Code 2030.

Enforcement in place for Uniform Disposition of Unclaimed Property Act

August
2003
Illinois Law Update
Page 384
The Illinois State Treasurer and the Office of Banks and Real Estate have promulgated joint regulations related to the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025).

Organ donor leave implemented

August
2003
Illinois Law Update
Page 384
The Illinois Department of Central Management Services recently adopted amendments to implement the mandates of the Organ Donor Leave Act (5 ILCS 327).

Changes adopted for motor vehicle advertising

July
2003
Illinois Law Update
Page 332
The Illinois Office of the Attorney General recently implemented changes to 14 Ill Adm Code 475, concerning motor vehicle advertising.

Changes in place for teacher and administrator certification

July
2003
Illinois Law Update
Page 332
The Illinois State Board of Education recently amended 23 Ill Adm Code 25, related to administrator and teacher certification. The amendments, effective April 28, 2003, are designed to implement two major components of P.A. 92-796.

Recent Rulings Could Make Illinois Zoning Hearings More Contentious and Costly

By John J. Lawlor
July
2003
Article
Page 340
Zoning for special uses and planned developments could become harder than ever; find out why.

Tobacco Product Manufacturers’ Escrow Enforcement Act implemented

July
2003
Illinois Law Update
Page 332
The Illinois Office of the Attorney General recently adopted new administrative regulations related to the enforcement of the Tobacco Product Manufacturers' Escrow Act, 30 ILCS 168, and Tobacco Product Manufacturers' Escrow Enforcement Act, 30 ILCS 169.

Child support hearings streamlined

June
2003
Illinois Law Update
Page 280
On March 24, 2003, the Department of Public Aid (department) adopted amendments to title 89 of the Illinois Administrative Code relating to the rules and practices in administrative hearings regarding child support. 89 Ill Adm Code 104.

Department of Agriculture prepares to combat West Nile

June
2003
Illinois Law Update
Page 280
The Illinois Department of Agriculture, anticipating the renewed threat posed by the West Nile Virus, has amended 8 Ill Adm Code 250.

Plaintiff inmate must exhaust all administrative remedies before petitioning court for declaratory judgment

June
2003
Illinois Law Update
Page 280
On April 3, 2003, the Illinois Supreme Court held that an inmate did not exhaust his administrative remedies and was therefore not entitled to a preliminary injunction after Illinois Department of Corrections (IDOC) officials confiscated the inmate's art supplies.

Secretary of state tightens vehicle interlock regulations

June
2003
Illinois Law Update
Page 280
The Illinois Secretary of State's Office recently adopted amendments to 92 Ill Adm Code 1001.

Amendments adopted for Department of Corrections

May
2003
Illinois Law Update
Page 226
The Illinois Department of Corrections (department) recently adopted amendments to 20 Ill Adm Code 110. Effective March 1, 2003, the changes affect the procedure for reimbursement of expenses incurred by incarcerated offenders

Medical payments adopted under Public Aid

May
2003
Illinois Law Update
Page 226
The Illinois Department of Public Aid recently amended 89 Ill Adm Code 140, relating to medical payments.

New payment programs for inpatient and outpatient services implemented

May
2003
Illinois Law Update
Page 226
On February 24, 2003, the Department of Public Aid (department) adopted amendments implementing several new payment programs affecting specified inpatient and outpatient services in title 89 of the Illinois Administrative Code.

Temporary registration plate program expanded

May
2003
Illinois Law Update
Page 226
On February 27, 2003, the Illinois Secretary of State's Office adopted amendments to its Temporary Registration Permit vehicle registration program in title 92 of the Illinois Administrative Code.

Amendments made to Early Intervention Program

April
2003
Illinois Law Update
Page 168
The Illinois Department of Human Services (department) recently adopted amendments to 89 Ill Adm Code 500, relating to the Early Intervention Program, a component of Early Childhood Services.

Rules for aiding alleged survivors of sexual assault amended

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Department of Public Health (department) adopted amendments, regarding new rules regulating emergency hospital service to be provided to all alleged sexual assault survivors.

Unconditional payment requirement of use tax claimants amended

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Department of Revenue (department) adopted new rules involving the unconditional repayment requirement of a claimant who files a claim for either credit or refund of the Use Tax in title 86 of the Illinois Administrative Code.

Changes adopted for Credit Union Act

March
2003
Illinois Law Update
Page 116
The Department of Financial Institutions adopted changes to the Illinois Credit Union Act. The amendments, dealing principally with fee adjustments, are found in 38 Ill Adm Code 190, and became effective on December 9, 2002.

Department of Insurance restricts access to public records

March
2003
Illinois Law Update
Page 116
The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.

Mediation procedures for telephone customers implemented

March
2003
Illinois Law Update
Page 116
On January 1, 2003, the Illinois Commerce Commission (commission) adopted new rules relating to the administration and implementation of its mediation program for solving the disputes of telephone customers in title 83 of the Illinois Administrative Code.

Rules adopted to prevent spread of chronic wasting disease

March
2003
Illinois Law Update
Page 116
On December 27, 2002, the Department of Natural Resources (department) adopted amendments adding new sections to its rules regulating wildlife conservation measures and practices and the spreading of disease. 17 Ill Adm Code 635.

The case of the inflexible filing deadline

By Helen W. Gunnarsson
February
2003
LawPulse
Page 58
The supreme court agrees to hear an administrative-law case which raises the question whether the strict, "jurisdictional" interpretation of a filing deadline is a denial of due process.

Medical payments under Public Aid amended

February
2003
Illinois Law Update
Page 62
The Illinois Department of Public Aid recently altered the rules governing payouts for medical services. The changes are codified in the Administrative Code.

Standards for nursing applicants and nursing curricula amended

February
2003
Illinois Law Update
Page 62
On November 18, 2002, the Department of Professional Regulation (department) amended its regulations relating to qualifications and application procedures for professional nurses and professional nursing curricula in title 68 of the Illinois Administrative Code.

Time periods and termination dates for regulatory innovation projects amended

February
2003
Illinois Law Update
Page 62
On November 27, 2002, the Illinois Environmental Protection Agency (EPA) amended rules relating to the administration and termination of regulatory innovation projects in section 35 of the Illinois Administrative Code.

When credible-evidence standard used to determine whether finding of abuse indicated under 325 ILCS 5/1 et seq., administrative appeal must be under preponderance-of-evidence standard

February
2003
Illinois Law Update
Page 62
On November 20, 2002, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County reversing the decision made on administrative appeal.

Adoption policies changed

January
2003
Illinois Law Update
Page 14
On October 23, 2002, the Department of Children and Family Services (department) amended rules relating to parental fitness and general adoption policies in title 89 of the Illinois Administrative Code.

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