Section Newsletters

Articles on Administrative Law

Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, May 2003 In Part One of this article, I noted that the General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device ("interlock" or "BAIID").
Illinois Attorney General’s office’s informal opinion indicating that an administrative hearing officer lacks authority to permit an attorney who is not licensed in Illinois to appear and represent a client in administrative proceedingsin this state Administrative Law, May 2003 Editors' note: The April 2002 issue of this newsletter included an article entitled "Unauthorized practice of law in administrative hearings" by Claire Manning and Richard R. McGill, Jr.
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, April 2003 The General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device (interlock or BAIID).
Recent case Administrative Law, April 2003 A dispute regarding an agency's informal or advisory opinion letter may or may not be a regulatory conflict constituting a case or controversy
Annual survey of administrative law 2002 Administrative Law, March 2003 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Municipality’s or county’s denial of a conditional use permit is an administrative act, not a legislative act Administrative Law, March 2003 Until recently, the effort to determine whether denial of a special use permit by a municipal or county board was administrative--and, therefore, subject to the Administrative Review Act--or legislative (subject to review via a declaratory judgment action) was mind numbing.
Recent decisions Administrative Law, March 2003 Lockett again defeats an effort to obtain administrative review, even though the absence of a party to the administrative proceedings was not raised as a defense in the circuit court
Attorney General’s office issues opinion regarding appearance of attorneys licensed in other states in Illinois administrative proceedings Government Lawyers, February 2003 In the August 2002 issue of the Committee on Government Lawyer newsletter, we published an article addressing the appearance of non-attorneys in hearings before State administrative bodies.
Filing deadlines in administrative review: Nudell v. Forest Preserve District of Cook Co. No. 1-00-3220 By Laura Kotelman Administrative Law, January 2003 The circuit court lacked subject-matter jurisdiction because the plaintiff's complaint for administrative review was not timely.
Medical staff disciplinary hearings By Michael K. Goldberg Administrative Law, January 2003 Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Government Lawyers, December 2002 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.
Inside Administrative Law, October 2002 In June 2002, several members of the Administrative Law Section Council met with representatives of several state agencies to discuss matters of mutual concern.
Recent case Administrative Law, October 2002 The D.C. Circuit Court of Appeals recently issued a per curiam 27-page slip opinion dealing with confusing questions relating to the permissible retroactivity of administrative regulations.
Recent section council activities Administrative Law, October 2002 A brief presentation was made by Gilda Hudson Winfield on behalf of the Illinois Bar Foundation.
Roundtable discussions with Illinois agencies Administrative Law, October 2002 On June 4, 2002 in Springfield, and on June 6 in Chicago, members of the ISBA Administrative Law Section Council met with representatives of various Illinois agencies.
Inside Administrative Law, September 2002 This issue of the newsletter begins with an article by Section Council member Terry Shafer.
It’s a matter of respect—Civility, competency, quality and professionalism in Illinois administrative hearings and Illinois courts of review By Terry Shafer Administrative Law, September 2002 As a member of the Illinois State Bar Association, I am aware of the Association's strong desire to maintain and, in some circumstances, attain civility and integrity in the Illinois justice system.
Limitations of judicial review of administrative dismissal of complaint By Kristine Neal Administrative Law, September 2002 The Court of Appeals for the District of Columbia recently held that the Federal Aviation Administration (FAA) did not violate its statutory responsibility in finding that Delta Airlines, when processing a flight attendant's drug test, neither violated FAA regulations nor breached a regulatory obligation by refusing to disclose information pertinent to that determination.
Daniels v. Industrial Commission Administrative Law, July 2002 The Illinois Supreme Court has ruled that an Industrial Commission decision is void because the panel that rendered it was not legally constituted
Inside Administrative Law, July 2002 Immediately following the Chair's article and a letter referred to in that article, this issue of the newsletter includes a summary by Section Council member Laura Kotelman of an important new decision by the Illinois Supreme Court.
Letter to Gov. George H. Ryan Administrative Law, July 2002 As you are aware, Public Act 90-666 requires that the Illinois Administrative Code be available on-line by the end of the 92nd General Assembly, December 31, 2002.
Minutes of recent meetings of the section council Administrative Law, July 2002 A report was given on HB 1829 regarding increased filing fees. The Council voted unanimously to oppose it.
House Bill 3098—Certification of closed meetings—dies By Pat Lord Administrative Law, June 2002 On February 8, 2002, Governor Ryan issued an amendatory veto to House Bill 3098.
Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall Administrative Law, April 2002 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.
How do I climb the ladder to success in SSA adjudications By David R. Bryant Administrative Law, April 2002 The five rungs of administrative procedure involved in getting benefits for your client can kill you.
Unauthorized practice of law in administrative proceedings By Claire A. Manning Administrative Law, April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
Unauthorized practice of law in administrative proceedings By Claire A. Manning & Richard R. McGill Environmental and Natural Resources Law, April 2002 Administrative agencies deciding contested cases need to be aware that the parties before them may have to be represented by an attorney.
An annual survey of administrative law 2001 By William A. Price & Kelley Beehner Administrative Law, March 2002 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Chair’s Column By Edward J. Schoenbaum Administrative Law, March 2002 I am still trying to track down more of our past chairs to ask them to write articles in this our 30th year of having a newsletters.
Statutory developments By Kelley Beehner Administrative Law, March 2002 The Illinois Administrative Procedure Act (5 ILCS 100) was amended by three Public Acts.

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