Section Newsletters

Articles on Administrative Law

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").
Illinois Attorney General’s office’s informal opinion indicating that an administrative hearing officer lacks authority to permit an attorney who is not licensed in Illinois to appear and represent a client in administrative proceedingsin this state Administrative Law, May 2003 Editors' note: The April 2002 issue of this newsletter included an article entitled "Unauthorized practice of law in administrative hearings" by Claire Manning and Richard R. McGill, Jr.
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, April 2003 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).
Recent case Administrative Law, April 2003 A dispute regarding an agency's informal or advisory opinion letter may or may not be a regulatory conflict constituting a case or controversy
Annual survey of administrative law 2002 Administrative Law, March 2003 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Municipality’s or county’s denial of a conditional use permit is an administrative act, not a legislative act Administrative Law, March 2003 Until recently, the effort to determine whether denial of a special use permit by a municipal or county board was administrative--and, therefore, subject to the Administrative Review Act--or legislative (subject to review via a declaratory judgment action) was mind numbing.
Premature filing of complaint for administrative review deprives court of jurisdiction Administrative Law, March 2003 Regular readers of this newsletter know that if a complaint for administrative review is filed late, which usually means more than 35 days after the agency decision is issued, the circuit court lacks jurisdiction to adjudicate.
Recent decisions Administrative Law, March 2003 Lockett again defeats an effort to obtain administrative review, even though the absence of a party to the administrative proceedings was not raised as a defense in the circuit court
Attorney General’s office issues opinion regarding appearance of attorneys licensed in other states in Illinois administrative proceedings Government Lawyers, February 2003 In the August 2002 issue of the Committee on Government Lawyer newsletter, we published an article addressing the appearance of non-attorneys in hearings before State administrative bodies.
Filing deadlines in administrative review: Nudell v. Forest Preserve District of Cook Co. No. 1-00-3220 By Laura Kotelman Administrative Law, January 2003 The circuit court lacked subject-matter jurisdiction because the plaintiff's complaint for administrative review was not timely.
Medical staff disciplinary hearings By Michael K. Goldberg Administrative Law, January 2003 Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Government Lawyers, December 2002 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
Inside Administrative Law, October 2002 In June 2002, several members of the Administrative Law Section Council met with representatives of several state agencies to discuss matters of mutual concern.
Recent case Administrative Law, October 2002 The D.C. Circuit Court of Appeals recently issued a per curiam 27-page slip opinion dealing with confusing questions relating to the permissible retroactivity of administrative regulations.
Recent section council activities Administrative Law, October 2002 A brief presentation was made by Gilda Hudson Winfield on behalf of the Illinois Bar Foundation.
Roundtable discussions with Illinois agencies Administrative Law, October 2002 On June 4, 2002 in Springfield, and on June 6 in Chicago, members of the ISBA Administrative Law Section Council met with representatives of various Illinois agencies.
Inside Administrative Law, September 2002 This issue of the newsletter begins with an article by Section Council member Terry Shafer.
It’s a matter of respect—Civility, competency, quality and professionalism in Illinois administrative hearings and Illinois courts of review By Terry Shafer Administrative Law, September 2002 As a member of the Illinois State Bar Association, I am aware of the Association's strong desire to maintain and, in some circumstances, attain civility and integrity in the Illinois justice system.

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