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Illinois Bar Journal

 

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Articles on Administrative Law

Judicial Review of Administrative Decisions: A Step-by-Step Guide By Thomas M. Battista October 2008 Article, Page 516 An agency rules against your client and you want a court to review the decision. What's the next step? This article explains.
New law attempts to simplify zoning hearings By Helen W. Gunnarsson October 2008 LawPulse, Page 498  A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.
Training for Individuals who use Radionuclides for Medical Purposes September 2008 Illinois Law Update, Page 444 The Illinois Emergency Management Agency amended the rules governing medical use of radioactive material.
Amendments made to rules governing Illinois elevator safety August 2008 Illinois Law Update, Page 390 The Elevator Safety Review Board made several amendments to Title 41, Fire Protection, Part 1000, Illinois Elevator Safety Rules. 41 Ill Adm Code 1000. 
Implementation of the Green Government Illinois Act August 2008 Illinois Law Update, Page 390 In an effort to demonstrate Illinois' commitment to conserving natural resources, reducing negative environmental impacts, and decreasing green house gas emissions, the Illinois Green Governments Coordinating Council adopted the Green Governments Illinois Act. 
Agency Energy Efficiency Act passed. PA 095-0559 July 2008 Illinois Law Update, Page 340 The Illinois General Assembly has passed the Agency Energy Efficiency Act to address the energy use of state agencies. PA 095-0559.
New restrictions on the availability of confidential information to caregivers July 2008 Illinois Law Update, Page 340 The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 
New rules for licensed facilities that ship and possess radioactive material July 2008 Illinois Law Update, Page 340 The Illinois Emergency Management Agency made several amendments and added two new sections to 32 Ill Adm Code 330, governing the tracking of radioactive material. 
New rules governing reporting requirements of private biodiesel producers July 2008 Illinois Law Update, Page 340 The Department of Revenue amended 86 Ill Adm Code 500, in an effort to impose reporting and payment requirements on those who produce biodiesel fuel or biodiesel fuel blends for self-use. 86 Ill. Adm. Code 500. 
Easing restrictions on who may order medication and treatment June 2008 Illinois Law Update, Page 284 Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 
The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427 June 2008 Illinois Law Update, Page 284 Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 
New licensing requirements for fire equipment distributors June 2008 Illinois Law Update, Page 284 The Office of the State Fire Marshall made changes to 41 Ill Adm Code 280. The changes apply to companies and their employees that service, hydro-test, recharge, install, maintain, replace, repair or inspect all types of fire extinguishers, suppression devices or systems.
Rules protect people whose insurance carriers fail to provide proof of coverage June 2008 Illinois Law Update, Page 284 The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.
ADA grievance procedures clarified May 2008 Illinois Law Update, Page 236 The Illinois Council on Developmental Disabilities has amended Part 800 of the Illinois Administrative Code to clarify the procedure that complainants must follow when they file grievances with the Council regarding alleged violations of the Americans with Disabilities Act (42 USC §12101 et seq). 4 Ill Adm Code 800.
Amendments made to Teacher Certification Criteria and a new Master Principal Program May 2008 Illinois Law Update, Page 236 The State Board of Education added two new sections to 23 Ill Adm Code 25 and made changes to several sections. 23 Ill Adm Code 25. 
Tapping Agency Expertise: The Doctrine of Primary Jurisdiction By James W. Hilliard May 2008 Article, Page 256 Courts use the doctrine to refer an issue to an administrative agency for expert determination. Here's how it works in Illinois.
New Rules governing Tax Shelters, Listed Transactions, and Credits for Business Assets April 2008 Illinois Law Update, Page 180 The Department of Revenue made several amendments and added two new sections governing tax shelters to the Income Tax part of Title 86 of the Illinois Administrative Code. 86 Ill Adm Code 100. 
New rules governing the Illinois Graduated Driver’s License Program March 2008 Illinois Law Update, Page 124 The Secretary of State made a number of changes and added two new sections to Part 1040, Cancellation, Revocation or Suspension of Licenses or Permits. 92 Ill Adm Code 1040. 
New rules prescribe public comment at Illinois Commerce Commission meetings March 2008 Illinois Law Update, Page 124 The Illinois Commerce Commission has created a new part, "Public Information, Rulemaking and Organization." 2 Ill Adm Code 1700. 
Rules implement new exceptions to “pollution control facility” definition March 2008 Illinois Law Update, Page 124 The Pollution Control Board has added more exceptions to the definition of "pollution control facility" in response to changes made to the Environmental Protection Act, 415 ILCS 5/1 et seq. 35 Ill Adm Code 101. 
Alterations made to the laws governing Commercial Driver Training Schools February 2008 Illinois Law Update, Page 72 The Secretary of State made several amendments to Title 92, Transportation: Commercial Driver Training Schools. 92 Ill Adm Code 1060.
Rules require disclosure of compliance with Islamic laws and customs in food preparation February 2008 Illinois Law Update, Page 72 A new Part was added to the Department of Agriculture's rules on Animals and Animal Products. 8 Ill Adm Code 190. 
New procedures for selection of design-build firms for Capital Development Board Projects January 2008 Illinois Law Update, Page 16 The Capital Development Board (CDB) has added a new part with sixteen new sections to Title 44, Government Contracts, Procurement and Property Management. 44 Ill Adm Code 1030.
Protection of Military Personnel from False, Misleading, or Deceptive Insurance Practices January 2008 Illinois Law Update, Page 16 Effective January 1, 2008, the Department of Financial and Professional Regulation has issued new regulations affecting what methods and practices insurance companies can employ when they sell or attempt to sell life insurance to military personnel. 50 Ill Adm Code 2605.
Administrative decisions: smoothing the path to review By Helen W. Gunnarsson December 2007 LawPulse, Page 622 The law should be amended to remove impediments to seeking review of agency rulings, ISBA leaders say.
Licensing of physicians tied to maintenance of profiles December 2007 Illinois Law Update, Page 632 The Department of Financial and Professional Regulation, which regulates the licensing of physicians, has created rules to implement the Medical Practice Act of 1987, 225 ILCS 60 et seq, which required that the department make publicly available profiles of all physicians licensed in Illinois. 68 Ill Adm Code 1285. 
Mandated cystic fibrosis testing for all infants born in Illinois December 2007 Illinois Law Update, Page 632 The Newborn Metabolic Screening and Treatment Code now mandates that all infants born in Illinois be tested for cystic fibrosis. 77 Ill Adm Code 661. 
Mentor program for new principals established December 2007 Illinois Law Update, Page 632 The State Board of Education has implemented Section 2-3.53a of the School Code, 105 ILCS 5/2-3.53a, which calls for a mentoring program between first-year principals and experienced principals. 23 Ill Adm Code   
Changes to rules governing advertising of life insurance and annuities November 2007 Illinois Law Update, Page 576 Several sections of Title 50, Section 909 of the Illinois Administrative Code have been amended and a new section added. 
New rules create grievance procedures required by Americans with Disabilities Act November 2007 Illinois Law Update, Page 576 The State Board of Elections (Board) has created Part 1800 of Title 4 and has titled it "Americans with Disabilities Act Grievance Procedure."