Articles on Administrative Law | Illinois State Bar Association

Illinois Association of Administrative Law Judges Administrative Law, December 2007 A shared interest in heightening awareness of the administrative law judiciary has long connected Judges Ann Breen-Greco and Berta Requena, who first met at a meeting of the Illinois Judicial Council.

Judge Sophia Hall speaks to ALJs on how to gain and keep respect By Paul E. Freehling Administrative Law, December 2007 On November 5, 2007, Cook County Circuit Court Judge Sophia H. Hall spoke to the Chicago Bar Association Administrative Law Judges Committee on the important and challenging subject of ALJs gaining and keeping the respect of litigants and attorneys appearing before ALJs in administrative law proceedings.

An example of amendments that create new problems in Administrative Law By J.A. Sebastian Bench and Bar, November 2007 The following is a brief summary of attempts by the General Assembly to address a civil practice-pleading problem that, by piecemeal amendments, has actually generated more problems than the original legislation was enacted to address.

ISBA Board of Governors approves proposed legislation concerning Lockett decision problems By Carl R. Draper Administrative Law, November 2007 A final decision or order adverse to a party (other than the agency) in a contested case shall be in writing or stated in the record.

Plaintiff guesses wrong on naming right defendant for review case By Steven P. Garmisa Administrative Law, November 2007 Providing an unfavorable comparison to Illinois law, a wonderful Wisconsin statute says administrative agencies must inform people exactly who should be named as respondents in a petition for administrative review.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery Administrative Law, November 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, November 2007 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.

7th Circuit finds that “Stay-put” does not encompass Individuals with Disabilities Education Act (IDEA) services provided outside of the Student’s Individual Education Plan (IEP) By Judge Ann Breen-Greco Administrative Law, October 2007 Determining that the IDEA’s stay-put (a student’s current placement) provision does not apply to services provided outside of an IEP, the 7th Circuit reversed a District Court’s injunction and remanded the case for further proceedings, noted Amy E. Slater, Esq. who covers special education legal issues for LRP Publications.

City’s Department of Administrative Hearings to Launch Pilot Legal Help Desk Administrative Law, October 2007 By mid-September a new legal aid help desk will be open and operating at the Chicago Department of Administrative Hearings.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, October 2007 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.

City of Chicago attains another victory in ordinance violation enforcement By Patti Gregory-Chang Administrative Law, September 2007 The Appellate Court for the First District recently handed down a ruling with far-reaching implications for municipal administrative law in Illinois.

HHS Launches New Web site on HIPAA Privacy Compliance and Enforcement Government Lawyers, September 2007 To coincide with the fourth anniversary of the enforcement of the HIPAA Privacy Rule, the Department of Health and Human Services (HHS) announced the launch of an enhanced Web site that will make it easier for consumers, health care providers and others to get information about how the Department enforces health information privacy rights and standards.

Recent legislation By J.A. Sebastian & Paul E. Freehling Administrative Law, September 2007 On August 21, 2007, Public Act 95-321 (SB29) became law.

The role of attorney-accountants in administrative state and local tax proceedings By Julie-April Montgomery State and Local Taxation, September 2007 Your company just received a sales tax notice of tax liability from the Illinois Department of Revenue for hardware sold to a Chicago company along with the lease of various software packages that are both customized and canned.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, September 2007 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.

Can a corporation file a complaint for administrative review? Siakpere says no. By J.A. Sebastian Administrative Law, August 2007 In a recent appellate court decision, Siakpere v. City of Chicago, the Illinois appellate court reminds practitioners that a complaint filed by a non-lawyer on behalf of a corporation is null and void from the beginning.

Recent case By Paul E. Freehling Administrative Law, August 2007 An exemption in The Open Meetings Act applies to tapes and minutes of the entirety of an executive session during which the sublease of real estate, including how the space was to be used by a sublessee, was discussed.

Ex Parte Communication—Guidelines for the Administrative Law Judiciary By Hon. Ann Breen-Greco Administrative Law, July 2007 The concept of ex parte communication is well grounded in principles of fundamental fairness which prohibit a judge/administrative law judge/impartial hearing officer or any neutral decision-maker from communicating with either party in a dispute before the decision-maker, without the participation of the other party. The concept is also generally understood to prohibit any communication from any source, outside the presence of any party that might confer an advantage on any of the parties.

Summary of recent decisions By Hon. Edward J. Schoenbaum, Jr. Administrative Law, July 2007 Recent cases of interest to administrative law practitioners.

Amendments to administrative practice: Is a central core panel a good idea? By J.A. Sebastian Administrative Law, June 2007 A central core panel is the heart of Illinois Senate Bill 58, introduced on January 31, 2007, by Senator Harmon, which would amend the Illinois Administrative Procedure Act and create the Office of Administrative Hearings under the jurisdiction of the Governor, at 5 ILCS 100/12-5.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, June 2007 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 of administrative remedies clarified? By Patti Gregory-Chang Administrative Law, May 2007 The Appellate Court in Illinois Health Maintenance Guar. Ass’n v. Department of Ins. left as many questions unanswered as it clarified regarding exhaustion of administrative remedies.

Illinois Health Maintenance Org. Guarantee Ass’n v. Department of Ins., additional issues By Bernard Z. Paul Administrative Law, May 2007 The recent Illinois Appellate Court case of Illinois Health Maintenance Org. Guarantee Ass’n v. Department of Insurance, consolidated with University of Chicago Hospitals v. Manna, was decided by a divided appellate court on March 5, rehearing denied March 30, 2007.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, May 2007 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.

JCAR insists on its own system of statutory citation By Marc Christopher Loro Administrative Law, April 2007 This article relates the frustrating journey of the author's disagreement with JCAR, examines (or speculates on) the legal basis for JCAR’s system of statutory citation, and suggests some solutions to this conflict.

Due process and ethical issues for administrative judges By William A. Price Administrative Law, March 2007 Due process requirements of the U.S. and Illinois Constitutions, and the requirements of both professional and judicial ethics, may apply to actions of ALJs.

Guidance on the Illinois Administrative Review Law By J.A. Sebastian Administrative Law, March 2007 For those members who do not regularly review the ISBA Web site electronically (www.isba.org), or link to the Administrative Law Section Council, here’s a quick screen-saver from that Section’s link that provides the mission of the ISBA Administrative Law Section.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2007 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, waiver and preemption: Poindexter v. State of Illinois By Jewel N. Klein Administrative Law, February 2007 If you are looking for a primer on exhaustion of administrative remedies, the necessity of making constitutional challenges at the agency level, and federal preemption of state law, the Fourth District’s opinion in Poindexter v. State of Illinois will come in handy.

McGaw Medical Center’s fall into the ARL’s dangerous minefield By J.A. Sebastian Administrative Law, January 2007 When relief is sought from an adverse decision involving a claim for unemployment compensation benefits, who are the necessary-party defendants in a complaint seeking administrative review of that decision?

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