Section Newsletters

Articles on Administrative Law

Exceptions to the 35-day limit for issuance of administrative review summons Administrative Law, May 2000 Last July, the Illinois Supreme Court issued an important decision regarding administrative review.
The good faith exception to the requirement of timely issuance of summons Administrative Law, May 2000 Brazas v. Property Tax Appeal Board, 722 N.E.2d 1193 (Ill. App., 2d Dist., 1999), is a case also concerned with the timely issuance of summons. There, the petitioner challenged the real estate tax assessment of certain residential property.
Recent cases By Terry Shafer Administrative Law, May 2000 The Department denied plaintiffs' applications for private detective licenses for failure to meet statutory qualifications.
Timeliness of petition for administrative review Administrative Law, May 2000 Following the issuance of an arbitrator's decision denying Campbell-Peterson's workers' compensation claim, the employer moved to correct clerical errors that had resulted in the omission of certain information.
Administrative law judges and the ARDC Administrative Law, April 2000 ISBA Administrative Law Section Council member Ros Kaplan, an attorney with the Illinois Attorney Registration and Disciplinary Committee, spoke recently to the CBA Administrative Law Judges Committee about the ARDC and its impact on ALJs.
Applicability of Fourth Amendment to administrative hearing evidence Administrative Law, April 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.
Inside Administrative Law, April 2000 This issue of the newsletter features articles on the applicability to administrative hearings of the Fourth and Fifth Amendments to the U.S. Constitution.
Recent cases By Terry Shafer Administrative Law, April 2000 In a published opinion, the Second District reversed the circuit court and remanded for further proceedings Christopher Brazas' appeal from a Property Tax Appeal Board decision (PTAB).
Recent Law Review article Administrative Law, April 2000 The federal government owns in excess of two trillion dollars in assets. The public lands constitutes the largest portion of such assets, with the federal government owning approximately fifty percent of the land in eleven Western states, including almost ninety percent of Nevada and Alaska.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Administrative Law, April 2000 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.
An annual survey of administrative law of 1999 By Terry Shafer Administrative Law, March 2000 "Administrative law" concerns the policy making, rate making, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies, units of local government, and other public bodies.
Case law developments By William A. Price Administrative Law, March 2000 Note: Material summarized also includes information from case summaries prepared for the ISBA Illinois Courts Bulletin by Helen Gunnarson, from ISBA Administrative Law newsletter articles prepared by Julie Ann Sebastian and Terry Shafer, and uploads to the ISBA Administrative Law Section Council website by Edward Schoenbaum.
Statutory developments By Robert John Kane Administrative Law, March 2000 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by two public acts.
Administrative Law Section home page Administrative Law, February 2000 Every Administrative Law Section member receives the section newsletter, written by leading practitioners. Beginning with 1999 issues, you can read and search the full text online.
False denial of guilt in an administrative hearing may be considered as a factor in determining the sanction upon a finding against the respondent By Bernard Z. Paul Administrative Law, February 2000 An administrative agency is entitled in determining a sanction to consider lack of truthfulness by the respondent, not only in testimony before the agency during a hearing, but also during the course of an agency's investigation.
ISBA Administrative Law Section Internet offerings By Hon. Edward J. Schoenbaum Administrative Law, February 2000 This article is to assist members of our section to maximize the benefits of being a member of the Administrative Law Section and the Illinois State Bar Association.
ISBA home page items Administrative Law, February 2000 It's here! The 1999 Legislation Checklist summarizes the '99 session laws--many of which take effect this January--and organizes them by topic so you can quickly see how they affect your practice.
Recent section council meetings Administrative Law, February 2000 The Chair, Claire Manning, presented an award to outgoing Chair Lance Jones. She and guest Robert John Kane reported on developments regarding administrative rules legislation considered at the spring session of the General Assembly.
Continued expansion of administrative adjudication authority By David W. McArdle Administrative Law, September 1999 Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.
Recent section council meeting Administrative Law, September 1999 At its May 12, 1999, meeting, the Administrative Law Section Council was advised by Claire Manning and Steve Rotello that several bills relating to administrative law, including proposed amendments to the Illinois Administrative Procedure Act, have been held until the General Assembly's fall veto session.
The “active” ALJ By Ann Breen-Greco Administrative Law, August 1999 Allen Schoenberger, Professor of Law, Loyola University Chicago, addressed the March 23, 1999, meeting of the Chicago Bar Association's Administrative Law Judges Committee.
Chicago conference a success! By Ann Breen-Greco Administrative Law, August 1999 If you did not attend NAALJ's recent midyear conference, which was held in Chicago May 6-8, you missed a program which was, in many ways, unique among legal programs.
Finnerty v. Personnel Board of the City of Chicago, et al. By J.A. Sebastian Administrative Law, August 1999 The facts, in sum, concern an employee who was absent without leave. The legal issue relates to the quantum of evidence necessary for the manifest weight of the evidence standard.
Harry Virden v. Board of Trustees of the Firefighters Pension Fund of the City of Pekin, et al.. By Terry Shafer Administrative Law, August 1999 This case involves an administrative order regarding a fireman's request for a line-of-duty disability pension.
An introduction to administrative law in a civil law system By Alexander P. White Administrative Law, August 1999 Civil law is the dominant legal system in most of Europe, all of Central and South America, parts of Asia and Africa, and even some areas of the common law world (e.g., Louisiana, Quebec, and Puerto Rico).
John Hohnsbehn, Jr. v. Board of Trustees of the Police Pension Fund of the City of East Alton, Illinois By Terry Shafer Administrative Law, August 1999 The plaintiff was required to undergo a physical examination to continue receipt of his disability pension.
Inside Administrative Law, May 1999 Four judicial decisions of considerable importance are highlighted in this issue. Section council member, Julie Ann Sebastian, describes three Illinois Appellate Court opinions.
The Lockett “minefield” By J.A. Sebastian Administrative Law, May 1999 Three cases are reviewed below. Each case addresses an aspect of the Administrative Review Law (ARL) of interest to practitioners.
Minutes of recent section council meetings Administrative Law, May 1999 The court gave short shrift to the defendants' final two arguments. First, Harrison sought injunctive relief (reinstatement), and the defendants claimed that the 11th Amendment to the U.S.
New publication Administrative Law, May 1999 An experienced Chicago administrative law practitioner has gone into the publishing business.

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