Section Newsletters

Articles on Administrative Law

Upcoming electronic resources seminar By Helen Gunnarsson Administrative Law, September 2004 As this edition of the Administrative Law Section newsletter goes to press, we are putting together a CLE program that promises to be informative, helpful, and even fun.
Administrative Law Judge’s responsibility to create a full record and to explain the reasoning for the decision By Andrew Creighton Administrative Law, June 2004 The issue of what is an adequate record for administrative review was discussed at length in Niam v. Ashcroft.
DCFS violates due process of teacher accused of sexual abuse By Leon Fox Administrative Law, June 2004 We are all familiar from our law school days with the procedural due process rights required under Mathews v. Eldridge, 424 U.S. 319 (1976), where a liberty interest is involved.
Service by certified mail: Who has the burden of proof when the respondent claims he was never notified of the administrative proceeding (or what do you do when the Green card doesn’t come back)? By Andrew Creighton Administrative Law, June 2004 Many statutes governing administrative proceedings permit personal jurisdiction on the respondent by certified or registered mail service of process.
Summary of recent decisions Administrative Law, June 2004 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 Reporters of Decision’s Web sites.
Analysis of some recent decisions By Paul E. Freehling Administrative Law, May 2004 In Lyon v. DCFS, 2004 Ill. LEXIS 361 (Ill. Sup. Court, No. 95643, Mar. 18, 2004), affirming 335 Ill.App.3d 376, 780 N.E.2d 748 (4th Dist. 2002), the Illinois Supreme Court addressed complex due process issues arising in the course of administrative proceedings involving alleged abuse of two school children by Lyon, one of their teachers.
Brief report on recommendations voted on by the ABA House of Delegates at the Midyear Meeting in San Antonio, Texas on February 9, 2004 of interest to administrative law practitioners By Hon. Edward J. Schoenbaum Administrative Law, May 2004 Administrative Judiciary [113B] Judicial Division, Encourages Congress to establish a retirement plan for federal administrative law judges that is appropriate to their judicial status and functions and that is separate from retirement plans of other career civil servants. Approved.
Summary of recent decisions Administrative Law, May 2004 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 Reporters of Decision's Web sites.
The City of Chicago Department of Administrative Hearings Administrative Law, April 2004 On January 27, 2004, James M. Reilly, Director of the City of Chicago's Department of Administrative Hearings, spoke to the Chicago Bar Association's Administrative Law Judges Committee.
Report of the mayor’s Special Committee on City Code Enforcement Administrative Law, April 2004 On October 11, 1995, Mayor Richard M. Daley appointed this Committee to review city ordinances that currently are enforced in the Circuit Court of Cook County or by administrative adjudications.
Twenty questions about Public Act 93-0523: Recording closed session meetings By Stewart H. Diamond & Keri-Lyn J. Krafthefer Administrative Law, April 2004 Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts, to audio or video record their closed sessions.
Recent decision By Terry Shafer Administrative Law, March 2004 Address for service of summons to Defendant's designated agent in administrative proceeding may be sufficient in a subsequent appeal to the court where timely filed, Defendant had actual notice, no prejudice was suffered and good faith was found.
Administrative review of City of Chicago hearing decisions Administrative Law, February 2004 Remarks of Judge Sandra Tristano, Circuit Judge, Cook County, Given before the CBA Administrative Law Judges Committee, November 25, 2003
Fees related to unemployment insurance claims By Joseph P. Mueller Administrative Law, February 2004 Recently enacted legislation and a pending administrative change will combine to mitigate potential pitfalls for attorneys who represent individuals in their claims for unemployment benefits.
A review of recent cases that address the relationship between ALJs and agencies By Rebecca R. Pallmeyer Administrative Law, February 2004 Thanks so much for inviting me to be your breakfast speaker this morning. I haven't been a breakfast speaker very often-in fact, I must tell you I haven't been an after-dinner speaker very often! That may be because, unfortunately for my audience (and that includes all of you), I am not terribly funny.
Summary of recent decisions Administrative Law, February 2004 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.
2003 legislative overview update Administrative Law, November 2003 Since the legislative summary that appeared in the September edition of this newsletter, the Governor has acted on all of the bills reported in that article.
Action may not be taken at a regular meeting of a public body unless the subject of the action is specifically set forth in the agenda for the meeting By Bernard Z. Paul Administrative Law, November 2003 Early last year, the appellate court ruled that action may not be taken at a regular meeting of a public body unless the subject matter of the action was explicitly provided for in the agenda for the meeting.
Department of Insurance adopts privacy rules By Laura Kotelman Administrative Law, November 2003 The Illinois Department of Insurance has adopted rules, effective July 7, 2003, dealing with standards for developing and implementing safeguards to protect the security and confidentiality of customer information.
It’s in the mail: The clock is ticking! By J.A. Sebastian General Practice, Solo, and Small Firm, November 2003 The Illinois Supreme Court has clarified Section 3-103 of the Illinois Administrative Review Law (“ARL”) (735 ILCS 5/3-101 through 3-113), holding that the 35-day period for filing a complaint of an administrative agency decision starts when the decision is mailed, not when the decision is received in Nudell v. Forest Preserve Dist. of Cook County.
Recent cases By Paul E. Freehling Administrative Law, November 2003 Documents submitted by Illinois administrative agencies to the Illinois Attorney General pertaining to requests for Attorney General opinions are not necessarily exempt from disclosure under the Illinois Freedom Of Information Act (FOIA)
Summary of recent decisions Administrative Law, November 2003 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.
2003 Legislative overview By James W. Chipman Administrative Law, September 2003 Although the deficit-ridden state budget took center stage in the 2003 spring legislative session, there were other important measures considered by the General Assembly.
NAALJ/ABA-NCALJ mid-year a resounding success By Ann Breen-Greco Administrative Law, September 2003 The National Association of Administrative Law Judges and the American Bar Association National Conference of Administrative Law Judges Mid Year Education Program, "Administrative Law Judges and Agencies Working to Enhance Public Confidence In Administrative Adjudication," was a very successful event, both in terms of content and turnout.
Summary of recent decisions Administrative Law, September 2003 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.
Administrative subpoena powers: They’ve got ‘em—do they use ‘em? By Nicole Poirier Administrative Law, August 2003 Not all administrative agencies have the authority to issue subpoenas in conducting investigations. However, those that do seem not to need to formally issue a subpoena for it to be effective.
Case law update By Lee Ann Schoeffel General Practice, Solo, and Small Firm, August 2003 Recent cases of interest.
Petition for review filed on 42nd day held timely under Illinois Administrative Review Law By J.A. Sebastian Administrative Law, August 2003 The appellate court recently reconsidered and reversed its earlier dismissal of a direct review of an administrative order in Moren v. Illinois Dep't of Human Rights, No. 1-01-2080, slip op.
Administrative law and agencies: An introduction By Kirk R. Chrzanowski Administrative Law, July 2003 This article provides a brief overview of the administrative law process. This article also discusses the rise, creation, powers, and limits of administrative agencies.
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, May 2003 In Part One of this article, I noted that the General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device ("interlock" or "BAIID").

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