Administrative law judges and the ARDC
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.
Administrative Law Section home page
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.
An annual survey of administrative law of 1999
"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.
The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 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.
Case law developments
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.
In the last newsletter I noted the apparent demise of antitrust considerations in mega-mergers with the green light given to the Exxon-Mobil merger.
Ethics and professionalism for government attorneys and the administrative judiciary
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.
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.
This issue of the newsletter features articles on the applicability to administrative hearings of the Fourth and Fifth Amendments to the U.S. Constitution.
ISBA home page items
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.
Meeting of the section council on February 18, 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.
Paperless Illinois administrative code no more
Beginning in January 1997, the Secretary of State ceased publication of all paper copies of the Illinois Administrative Code and converted exclusively to publishing the IAC on CD ROM. For the first few years, the CD ROM mirrored the WEST Group CD ROM.
The Department denied plaintiffs' applications for private detective licenses for failure to meet statutory qualifications.
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).
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.
Recent decision—an appeal or not an appeal: that is the question
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.
Recent Law Review article
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.
Recent section council activities
Administrative rules recodification legislation passed but has been put on hold. The section council approved a motion to establish a committee to effectuate Web publication by 2002 or sooner after problems are solved.