Section Newsletters

Articles on Administrative Law

Medical reform bill’s effect on the statute of limitations clause pursuant to the Medical Practice Act By James Goldberg Administrative Law, January 2006 The Illinois Department of Professional Regulation, in fulfilling its obligation to protect the health, safety, and welfare of the people of the State of Illinois, administers the State statutes that govern licensure and discipline of professional and occupational groups.
Recent federal administrative law decision By Paul E. Freehling Administrative Law, January 2006 Applicability of state licensing rules to representation before a federal administrative agency—Representation of a party in federal administrative proceedings by an attorney unregistered in the state where the proceedings are held—Right to attorney fees for such representation
Summary of recent decisions Administrative Law, January 2006 This summary was prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
7th Circuit opinion explains administrative law judge’s obligation to build a full record, with complete evidentiary support, and to adequately discuss issues By Andrew Creighton Administrative Law, December 2005 The Seventh Circuit U.S. Court of Appeals has affirmed the reversal of an administrative law judge's denial of social security disability benefits based on the failure of the administrative law judge (ALJ) to build a full record containing evidentiary support, and to adequately discuss the issues.
Appellate Court explains basis for reversal under the “clearly erroneous” standard and also finds Section 3-115 of the Illinois Pension Code unconstitutional By Andrew Creighton Administrative Law, December 2005 The Illinois Appellate Court, First District, recently addressed several important substantive issues of administrative law and declared 40 ILCS 5/3-115 (part of the Illinois Pension Code) unconstitutional for lack of due process.
Summary of recent decision Administrative Law, December 2005 This summary was prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Administrative Law: A hearing with a predetermined outcome is no hearing at all By Bernard Wysocki General Practice, Solo, and Small Firm, November 2005 Policemen and Police Pension Boards are watching with great interest what the Illinois Supreme Court will decide concerning the two cases filed this fall from the First and Second District Appellate Courts.
Politics and Plan B By Avni Patel Administrative Law, November 2005 On August 26, 2005, the Federal Food and Drug Administration (FDA) Commissioner, Dr. Lester M. Crawford, announced the postponement of a final decision regarding an application by Barr Laboratories on whether to allow nonprescription sales of its controversial emergency contraceptive pill, Plan B, for women over the age of 17.
Summary of recent decisions Administrative Law, November 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Exhaustion revisited By Patti Gregory-Chang Administrative Law, October 2005 The First District recently ruled in a series of appeals from administrative review actions under the caption Illinois Health Maintenance Org. Guarantee Ass'n v. Shapo.
Solutions to procedural issues in administrative hearings By Ryan A. Biller Administrative Law, October 2005 Many things can and oftentimes will go wrong. In order to combat the inefficiency created by problems that arise during administrative law hearings, the National Conference of the Administrative Law Judiciary (NCALJ) sponsored a mock hearing at the Chicago-Kent College of Law on August 4, 2005.
Summary of recent decisions Administrative Law, October 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Attorney General issues opinions By Cynthia I. Ervin Administrative Law, September 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Inside Administrative Law, September 2005 This issue of the newsletter begins with a preview by Andy Creighton of an important case pending before the Illinois Supreme Court.
Public Information and Privacy Rights Seminar scheduled By Cynthia I. Ervin Administrative Law, September 2005 The Committee on Government lawyers of the ISBA has scheduled a seminar entitled “Public Information and Privacy Rights—Issues Under the Open Meetings Act and the Freedom of Information Act.”
Recent case By Paul E. Freehling Administrative Law, September 2005 The recent Fourth District opinion in Henry v. Anderson, No. 04-04-0867 (Apr. 18, 2005), is a rare example of an appellate court ruling that Section 2a of the Illinois Open Meetings Act, 5 ILCS 120/2a, was violated. 
Supreme Court to review administrative procedure case By Andrew Creighton Administrative Law, September 2005 The Illinois Supreme Court has granted a petition for leave to appeal in a recent administrative law case, Rodriguez v. Sheriff’s Merit Commission of Kane County, 355 Ill. App.3d 676, 823 N.E.2d 243 (2nd Dist. 2005).
Promulgation of “emergency rules” requires a true emergency By James J. Powers Administrative Law, August 2005 In a recently issued decision, the Second District Appellate Court invalidated a set of emergency rules promulgated by the Illinois Labor Relations Board in September 2003.
Summary of recent decisions Administrative Law, August 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Walters reiterates that not all administrative action is reviewable By J.A. Sebastian Administrative Law, August 2005 Although the Illinois Constitution grants an appeal as a matter of right from all final judgments of the circuit court (Ill. Const. 1970, art. VI, @ 6), there is no constitutional right to appeal administrative decisions.
Attorney General issues opinions By Cynthia I. Ervin Administrative Law, June 2005 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Summary of recent decisions Administrative Law, June 2005 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.
Suspension of driving privileges for the elderly: Can a doctor do it? By John W. Foltz Elder Law, June 2005 Who has a duty to make this type of report to the Secretary of State?
Emergency rule-making—Haste makes waste By Carl R. Draper Administrative Law, April 2005 Rule-making is a big task for most state agencies. It is tedious enough under normal circum- stances, but pressures sometimes make the headaches even worse.
Proposed unemployment changes could economically benefit lawyers By Glenn R. Gaffney Administrative Law, April 2005 As per the request of Ole Bly Pace III, the following is the “practical idea” which would help members of the Labor and Employment Law Section to improve their earning power as lawyers:
Legislative update for Administrative Law Section Council By Cynthia I. Ervin & Marc Christopher Loro Administrative Law, March 2005 The 93rd General Assembly adjourned its spring session on July 24, 2004, following an overtime session that lasted for weeks in order to pass a State budget.
Mean-its and their opinions By Jewel N. Klein Administrative Law, March 2005 Some people believe in Santa Claus and the Easter Bunny. I believe in “Mean-Its” and the fruits of their labors, the Mean-It Opinions.
Summary of recent decisions Administrative Law, March 2005 Recent cases of interest.
Administrative law judges/hearing officers are judicial officers and may not be deposed By Hon. Ann Breen-Greco Administrative Law, February 2005 The issue of immunity for Administrative Law Judges (“ALJs”) and Hearing Officers (“HOs”) was raised again recently when an Illinois Special Education Hearing Officer was allowed to be deposed.
Making money practicing administrative law By Jewel N. Klein Administrative Law, February 2005 In an administrative proceeding, there are two ways to recover attorney fees.

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