Section Newsletters

Articles on Administrative Law

Inside Administrative Law, June 2001 This issue of the newsletter features three articles. Section council member Bernard Paul analyzes recent cases dealing with the vexing question of whether an administrative review action may be joined in one court proceeding with a non-administrative review claim.
A primer for appeals to the Property Tax Appeal Board By Terry Shafer Administrative Law, June 2001 The intent of this article is to give new attorneys or attorneys new to practice before a state agency a procedural path to follow in order to fully and knowledgeably represent a client in this particular agency's forum.
The role of the Illinois Department of Revenue in the property tax exemption process By George Logan Administrative Law, June 2001 The tax on real property is the largest single tax collected in Illinois, accounting for more than $20 billion in taxes assessed for 1997.
When is a joinder of additional causes of action with a complaint for administrative review permissible under Illinois law? By Bernard Z. Paul Administrative Law, June 2001 Two recent reviewing courts addressed this issue of what causes of action may be joined with a complaint for Administrative Review.
Exhaustion of issues in agency hearings By Leon Fox Administrative Law, March 2001 We are all familiar with the doctrine of exhaustion of administrative remedies before judicial review is permitted.
Insurers can intervene in FOIA request for loss data by zip code: Chicago Lawyers’ Committee for Civil Rights under Law, Inc. v. Illinois Dep’t of Ins. By Laura Kotelman Administrative Law, March 2001 This litigation involves a public record request from the Chicago Lawyers' Committee for Civil Rights under Law, Inc.
Minutes of recent section council meetings Administrative Law, March 2001 Guest speaker Fred Dickson of the Trust and Estates Section spoke in favor of the proposal for a certification program with respect to estate planning, trust and probate lawyers.
Second District Appellate Court rules local zoning boards not required to engage in environmental consultation with IDNR By Robert T. Lawley Administrative Law, March 2001 In December, 1998 the Second District Appellate Court decided Pierce Downer's Heritage Alliance v. Village of Downers Grove.
Sovereign immunity bars nursing homes from raising counterclaims against overpayments made to the state By Leon Fox Administrative Law, March 2001 A recent Illinois Appellate Court case has dealt a fatal blow to healthcare vendors seeking a set off of underpayments against overpayments made to the Illinois Department of Public Aid. In Alden Nursing Center-Lakeland, Inc. v. Patla, 317 Ill. App. 3d 1 (1st Dist. 2000), the court concluded that the Court of Claims has exclusive jurisdiction over counterclaims for money damages against the State of Illinois.
Upcoming administrative law seminar Administrative Law, March 2001 On May 4, 2001, a comprehensive, all day seminar will be presented at the ISBA's Chicago Regional Office. The program tentatively will include the following important subjects and knowledgeable speakers:
An annual survey of administrative law 2000 By William A. Price & Kelley Beehner Administrative Law, January 2001 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Case law developments Administrative Law, January 2001 In January of 1998, the Cook County Collector, Maria Pappas, conducted the annual tax sale of properties which were tax delinquent for 1996.
Coming soon: Annotated Illinois Administrative Code Administrative Law, January 2001 Professor Laura Wendt, Southern Illinois School of Law, has digested over 1000 cases interpreting Illinois administrative rules for construction of an electronic research system.
Statutory developments By Kelley Beehner Administrative Law, January 2001 The Open Meetings Act (5 ILCS 120) was amended by two Public Acts. Section 1.02 concerning the definition of "meeting" was revised to clarify that a "public body" consists of "members" rather than "commissioners," as well as to include the "Health Facilities Planning Board" as part of a public body. (P.A. 91-782, effective June 9, 2000). [www.ilga.gov/publicacts/pubact91/acts/91-0782.html]
Administrative law on the Net 2000 By Jean M. Wegner Administrative Law, October 2000 This article highlights a selection of free, web-based resources for the administrative law practitioner.
Recent decision—an appeal or not an appeal: that is the question By Amy M. Watroba Administrative Law, October 2000 The last issue of this newsletter included a discussion of AT & T Communications of the Southwest, Inc. v. Southwestern Bell Tel. Co., 86 F. Supp. 932 (W.D. Mo. 1999), where a Federal District court reviewed de novo a state administrative agency decision.
Demographics of the Administrative Law Section Administrative Law, August 2000 The section is composed of a geographically diverse group of attorneys. There were 482 section members as of May 2000, a 15% increase since the first of the year.
Ethics and professionalism for government attorneys and the administrative judiciary Administrative Law, August 2000 On June 1, 2000, the Government Bar Association and the Illinois Association of Administrative Law Judges sponsored a program with the above title. Co-sponsors were the Illinois Chapter of the American Judicature Society, the Administrative Law and Administrative Law Judges Committees of the Chicago Bar Association, the ISBA Administrative Law Section, and the ISBA Committee on Government Lawyers.
Federal court review of state administrative agency decisions Administrative Law, August 2000 In August 1999, the U.S. District Court for the Western District of Missouri issued a lengthy opinion in AT&T Communications of the Southwest, Inc. v. Southwestern Bell Tel. Co., 86 F. Supp. 932.
Meeting of the section council on February 18, 2000 Administrative Law, August 2000 Former section council member Stephen Rotello, an Assistant Illinois Attorney General, discussed with the council the results of an AG survey addressing compliance with the Freedom of Information Act.
Recent decisions By Meghan Hubbard Administrative Law, August 2000 An agency's unpublished interpretive opinions do not require notice and comment; an agency's erroneous decision in four cases does not estop the agency from making a different decision in a substantially similar fifth case.
Remand for presentation of new evidence Administrative Law, August 2000 Morelli, a Will County deputy sheriff, was terminated by the Sheriff's Office Merit Commission after he was charged with conduct unbecoming an officer and other offenses.
Administrative agency is without jurisdiction to determine the constitutionality of a statute Administrative Law, July 2000 A recent opinion of the First District Illinois Appellate Court, Board of Education of Rich Township High School District No. 227 v. Brown, 724 N.E.2d 956 (Ill. App. Ct., 1st Dist., Feb. 29, 2000), involves numerous interesting legal issues. Some are explored at length in the court's opinion, and others are barely mentioned.
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000 By J.A. Sebastian Administrative Law, July 2000 In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.
Citizens Organizing Project v. Department of Natural Resources: Supremes define reasonable litigation expense when administrative rule is invalidated By Robert T. Lawley Administrative Law, July 2000 In the recently decided case of Citizens Organizing Project v. Department of Natural Resources, 189 Ill. 2d 593, __N.E. 2d __, __ Ill. Dec. __, 2000 WL 46033 (Jan. 21, 2000) (No. 86878), rehearing denied (Apr. 3, 2000), the Illinois Supreme Court broadly interpreted section 10-55(c) of the Administrative Procedure Act, ruling that a party who causes an administrative rule to be invalidated by a court is entitled to all of the party's reasonable litigation expenses incurred throughout the action.
Inside Administrative Law, July 2000 This issue commences with Bob Lawley's interesting article concerning a recent Illinois Supreme Court case which liberalizes the rules applicable to a petition for reimbursement of litigation expenses filed by a private party whose lawsuit results in invalidation of an administrative rule.
Pollution control board proposes new procedural rules By Claire A. Manning Administrative Law, July 2000 The Illinois Pollution Control Board (Board) adjudicates environmental cases and adopts environmental standards and regulations for the State of Illinois.
Timeliness of an appeal from an administrative review decision Administrative Law, July 2000 In most cases, there is no question as to whether a particular order issued by an administrative agency is final and appealable.
Applicability of Fourth Amendment to administrative hearing evidence By Paul E. Freehling Environmental and Natural Resources Law, May 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Courts must liberally construe statutes granting a right to appeal Administrative Law, May 2000 Less than six months after Carver, a four to three supreme court held that an administrative review proceeding could not be dismissed merely because of a technical error in seeking the issuance of summons.

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