Subject Index Administrative Law

DCFS administrative case reviews can be conducted virtually; notices of case reviews must be mailed to all relevant parties

November
2024
Illinois Law Update
, Page 18
The Department of Children and Family Services adopted amendments regarding appearances for administrative case reviews and court hearings to reflect current practice. Administrative case reviews can be conducted remotely through phone or video conferencing, but may be conducted in person if the reviewer finds it necessary.

Date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a decision under Administrative Review Law

May
2024
Illinois Law Update
, Page 16
On Feb. 6, 2024, the Fourth District of the Illinois Appellate Court held that a date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a final administrative decision under the Administrative Review Law.

Illinois State Police provide clarifying updates on FOID cards and FCCLs

April
2022
Illinois Law Update
, Page 14
The Illinois State Police adopted amendments to the Parts titled Firearm Owners’ Identification Card Act and the Firearm Concealed Carry Act. These amendments clarify the Firearm Owner’s Identification Card (FOID) and the Firearm Concealed Carry License (FCCL) process.

Court can address argument forfeited in administrative proceeding

December
2021
Illinois Law Update
, Page 14
On Sept. 16, 2021, the Second District of the Illinois Appellate Court affirmed the circuit court’s reversal of a final administrative decision regarding Supplemental Nutrition Assistance Program (SNAP) benefits.

Challenges to an administrative agency’s authority excuse exhaustion of administrative remedies

January
2021
Illinois Law Update
, Page 14
On Oct. 22, 2020, the Illinois Supreme Court held that plaintiffs challenging an administrative agency’s authority are excused from exhausting their administrative remedies.

Regulatory Sunset Act expanded

September
2020
Illinois Law Update
, Page 18
Public Act 101-0639 amends the Regulatory Sunset Act and adds multiple entries to the list of acts that are repealed on Jan. 1, 2022.

Restore Illinois Commission established to revive economy after COVID-19 crisis

August
2020
Illinois Law Update
, Page 14
The General Assembly established the Restore Illinois Collaborative Commission to address “the heightened need for collaboration between the legislative and executive branches” due to the economic impact from COVID-19.

Task force on business interruption insurance policies established

August
2020
Illinois Law Update
, Page 14
The General Assembly passed an amendment directing the Illinois Department of Insurance to appoint a task force on business interruption insurance policies.

Occupational and professional licenses may no longer be denied based solely on an applicant’s citizenship or immigration status

June
2020
Illinois Law Update
, Page 14
The Civil Administrative Code of Illinois was amended by adding section 5-725, which mandates that, unless otherwise provided by law, no department may deny an applicant an occupational or professional license based solely on the applicant’s citizenship or immigration status.

Office of Inspector General required to forward investigative reports to facility or agency where abuse or neglect occurred

October
2018
Illinois Law Update
, Page 18
In July, the Department of Human Services (DHS) adopted amendments to the procedures the Office of Inspector General must follow when investigating alleged abuse or neglect occurring in state-operated facilities and community agencies

New guidelines for administrative hearings conducted by the Office of the Treasurer

August
2018
Illinois Law Update
, Page 16
The Office of the Treasurer adopted a new Part titled Rules of Practice in Administrative Hearings (74 Ill. Adm. Code 730 (effective May 23, 2018)) providing guidance on administrative hearings conducted by the state treasurer that are not specifically provided for within the Illinois Administrative Code.

State Treasurer adopts electronic payment program

March
2018
Illinois Law Update
, Page 24
In an effort to ease fee collection, the Office of the State Treasurer adopted a new Part titled E-Pay Program, implementing Public Act 99- 856 (74 Ill. Adm. Code 735) (eff. Dec. 15, 2017).

‘Third-party provider’ of wine defined to include new record keeping requirements

October
2017
Illinois Law Update
, Page 18
A "third-party provider" is defined as an entity that provides house fulfillment services including warehousing, packaging, distributing, order processing, or shipment of wine-but does not sell wine.

Administrative agencies should clarify the meaning of service date in notice provisions

May
2017
Illinois Law Update
, Page 16
The Illinois Supreme Court affirmed a circuit court's finding of jurisdiction over a case despite the plaintiff's failure to file her complaint for judicial review of the Department of Children and Family Services' ("DCFS") decision within 35 days of service of notice.

New regulations address crowdfunding

April
2017
Illinois Law Update
, Page 22
The Secretary of State adopted amendments that implement recent statutory changes by allowing investment in a new or existing business through crowdfunding or collecting funds on the internet.

From the Newsletters - Do you read the Flinn Report? Here’s why you should.

August
2016
Article
, Page 29
If you want to watch the regulatory sausage being made - and even weigh in during the process - you need to be in with Flinn.

Pilot program aims to improve the administrative hearings process

By Matthew Hector
June
2016
LawPulse
, Page 12
It will take more than a one-year pilot program to make a dent in the big backlog of administrative hearings, an ISBA lawyer says.

Federal Administrative Law: New and Updated Resources

By Tom Gaylord
March
2016
Column
, Page 58
A fresh look at the many free resources available for researching federal regulations and agencies.

Removing hypertechnicality from administrative review

By Matthew Hector
February
2016
LawPulse
, Page 12
Proposed amendments to administrative law would allow lawyers to correct their minor procedural missteps and avoid costly damage to their clients.
1 comment (Most recent February 3, 2016)

Pleading deficiencies not cured by 2008 Administrative Review Law amendment

July
2015
Illinois Law Update
, Page 18
On April 8, 2015, the Illinois Court of Appeals, Fourth District, held that a 2008 amendment to the Administrative Review Law does not save a complaint that named improper parties.

Transfers among line item appropriations in state fiscal year 2015

June
2015
Illinois Law Update
, Page 16
Under this amendatory act, the only transfers among line item appropriations to a State agency from the same State Treasury fund, starting in the state fiscal year 2015, must be ones that are made for an operational or lump sum expense only.

Recovering court costs and attorney’s fees in administrative appeals

January
2015
Illinois Law Update
, Page 16
Pursuant to amendments to the Illinois Code of Civil Procedure, if a municipal code hearing officer's decision is reversed by a court in an administrative review action, the plaintiff is entitled to all reasonable costs (including court costs and attorney's fees), provided that:

Circuit courts retain jurisdiction to hear administrative review actions when filed in improper venues

December
2014
Illinois Law Update
, Page 572
On September 18, 2014, the Illinois Supreme Court held that circuit courts retain jurisdiction over administrative review complaints, even if they are filed in an improper venue. Mary Slepicka resided at Holy Family Villa, a nursing home in Cook County.

Extra time to pay toll way fees and fines

December
2014
Illinois Law Update
, Page 572
Recent amendments to the State Toll Highway Rules have increased the amount of time that individuals are given to pay tolls, fees, and fines after a final order is entered following a toll violation hearing. 92 Ill. Adm. Code 2520 (eff. Sept. 25, 2014).

Speed limit increased on I-90 and I-88

August
2014
Illinois Law Update
, Page 372
The Illinois State Toll Highway Authority has increased the speed limits on non-urban portions of I-90 and I-88 to seventy miles per hour. 92 Ill. Adm. Code 2520 (eff. May 9, 2014).

Modified procedures for inventorying and accessing natural heritage data

April
2014
Illinois Law Update
, Page 168
The Nature Preserves Commission (the "Commission") recently developed policies that clarify the type of data inventoried and maintained by the Commission, assess fees on those accessing the data, and limit how natural heritage data may be used. 17 Ill. Adm. Code 4020 (eff. Jan. 10, 2014).

Photographs now required for fingerprint-based background investigations

January
2014
Illinois Law Update
, Page 16
As of January 1, 2014, fingerprint-based background investigations conducted by non-criminal justice entities must include the individual's fingerprint images and also a photograph of the individual. 20 Ill. Adm. Code 1265.30.

New reporting requirements to transport gas and operate gas pipeline facilities

December
2013
Illinois Law Update
, Page 612
Effective September 10, 2013, the Illinois Commerce Commission adopted Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities. 83 Ill. Adm. Code 590.

Amendments to Consultation Procedures

October
2013
Illinois Law Update
, Page 504
The Illinois Department of Natural Resources (the "Department") amended its consultation procedures effective as of July 5, 2013. 17 Ill. Adm. Code 1075.

Enforcing night speed limits on the Fox Chain O’Lakes

October
2013
Illinois Law Update
, Page 504
Effective July 5, 2013, the Illinois Department of Natural Resources adopted an amendment which allows Conservation Police Officers and local law enforcement officers to enforce the night speed limits designated by the Fox Waterway Agency on the Fox Chain O'Lakes. 17 Ill. Adm. Code 2030.30(g)(2).

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