Articles on Administrative Law | Illinois State Bar Association

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, April 2010 Recent decisions affecting Administrative Law.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2010 Case summaries of recent Administrative Law decisions.

Summary of Williams v. Board of Trustees of the Morton Grove Firefighters’ Pension Fund and the Village of Morton Grove (1st Dist. 2009) By Marc R. Poulos & Melissa Binetti Administrative Law, March 2010 The First District Appellate Court recently determined that a firefighter/paramedic was denied a fair and impartial hearing on his application for a disability pension, when a corporate attorney for the Village sitting on the Board acted as an advocate rather than as a disinterested decisionmaker

Around the agencies By William A. Price Administrative Law, February 2010 Illinois administrative agencies, boards, and commissions make many of the most important decisions affecting the lives and property of the state’s citizens. Read more about these groups and their powers here.

Model State Administrative Procedure Act revision active at the National Conference of Commissioners on Uniform State Laws By William A. Price Administrative Law, February 2010 The National Conference of Commissioners on Uniform State Laws has an active Drafting Committee to Revise Model State Administrative Procedure Act.

Nonlawyer advocates in administrative proceedings By Jeffrey A. Parness Civil Practice and Procedure, February 2010 In Grafner v. Department of Employment Security, 914 N.E.2d 520 (1st Dist. 2009), the court considered whether a nonlawyer hired from an employer services company could represent a former employer in an administrative proceeding before the Department of Employment Security (DES) in a case involving disputed employment compensation benefits allegedly owed a former employee.

1 comment (Most recent February 18, 2010)

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, February 2010 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. These have been downloaded and reorganized according to topic by Ed Schoenbaum for members of the Administrative Law Section, with permission.

Comment: Voluntary dismissal By J.A. Sebastian Administrative Law, January 2010 In a December 2009 decision of the appellate court, the Court reminds us to consider the statutory provisions of the Administrative Review Law and to comply with those requirements. Failure to strictly adhere to those requirements deprives a court of subject matter jurisdiction over an administrative review action.

Editorial comment By J.A. Sebastian Administrative Law, January 2010 Discussed at length in the December Illinois Bar Journal (vol. 97 at page 636) (“Yes” to Nonlawyers in Illinois Administrative Adjudications, by Jeffrey A. Parness) is an Illinois Appellate Court, First District, Fourth Division, case, Grafner v. Department of Employment Security, found at the court’s Web site as No. 1-08-1858 (released August 6, 2009); 2009 WL 242420 (1st D 2009).

The Illinois State Bar Association’s Amicus Curiae Brief in support of Petitioner-Appellant Administrative Law, January 2010 Illinois Courts Have Found that Nonlawyers Appearing and Participating at Administrative Hearings on Behalf of Others Constitutes the Practice of Law.

ISBA Administrative Law Section Council goes to school By Hon. Ann Breen-Greco Administrative Law, January 2010 On October 15, ISBA Administrative Law Section Council members Jewel Klein, Sheila Harrell, and Ann Breen-Greco gave a presentation to Judge Paul Lillios’ administrative law class at John Marshall Law School. Bios of the presenters were prepared and distributed to the students and the presenters also gave the students handouts.

Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2010 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. These have been downloaded and reorganized according to topic by Ed Schoenbaum for members of the Administrative Law Section, with permission.

Administrative law case summaries By Hon. Edward J. Schoenbaum Administrative Law, December 2009 Ill Supreme Court and 7th Circuit Cases

Doing it on the square By J.A. Sebastian Administrative Law, December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics.

Fifteen pages impracticable limit on administrative review By Jewel N. Klein Administrative Law, December 2009 Most of the judges in the Circuit Court of Cook County have a 15-page limit on briefs. When one challenges an administrative agency decision, the 15-page limit is impracticable.

October 2009 Administrative Law decisions, with analysis and commentary By William A. Price Administrative Law, December 2009 Supreme Court and Appellate Courts

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 Hon. Ann Breen-Greco Administrative Law, October 2009 The 7th Circuit noted that in most cases District Courts will not need to go beyond the four corners of the IEP to decide which services are covered by the stay-put umbrella.

Administrative Law Case Summaries By Hon. Edward J. Schoenbaum, J.A. Sebastian, & William A. Price Administrative Law, October 2009 A list of recent cases of interest to Administrative Law practitioners.

Section Council Profiles By William A. Price Administrative Law, October 2009 We’re planning to provide information on the various members of the Administrative Law Section Council over the course of this newsletter year. Here are the first two biographical summaries.

Web Committee By Patti Gregory-Chang Administrative Law, October 2009 Our Web committee has been working to update our ISBA Administrative Law Web page. We want this to be an essential tool for practitioners. Toward that end we hope to add links to useful Web pages and forms. We are soliciting members’ assistance. If you have an administrative law link or link to a form that is helpful please send it. Forms or agency rules which are up-to-date and not published elsewhere on the Web are also solicited.

Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, September 2009 Recent cases of interest to administrative law practitioners.

“It ain’t over ‘til it’s over”: Circuit court jurisdiction after remand to an administrative agency By William A. Price Administrative Law, September 2009 Post-judgment proceedings can be decisive in any case, and they may be difficult to obtain promptly where state agency proceedings are at issue.

Regulatory agendas, lists, and other compliance aids By William A. Price Administrative Law, September 2009 The Illinois Administrative Procedure Act allows counsel some insight into what rules are coming down the pike by requiring all agencies to publish regulatory agendas in the January 1 and July 1 editions of the Illinois Register.

The right to an agency decision, and 35 days to appeal, including some weekend days By William A. Price Administrative Law, September 2009 If your client gets a state agency decision, he or she is entitled to a clear and simple explanation of what standard the agency applied, and why the decision was made.

Thoughts about future CLE programs—your ideas are important Administrative Law, September 2009 On May 15th, 2009, the ISBA Administrative Law Section Council presented a CLE program entitled State and Municipal Administrative Hearings and Appeals in Springfield.

When is 35 days not 35 days under the Administrative Review Law? By J.A. Sebastian Administrative Law, September 2009 Section 3-103 of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 113) provides that “[e]very action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.”

Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, August 2009 Recent cases of interest to administrative law practitioners.

Morgan II By Jewel N. Klein Administrative Law, August 2009 If Morgan I was a primer on administrative law, Morgan II presents a primer on how even the best of defenses will be unsuccessful against an agency determined to get rid of a bad actor.

Administrative law decision summaries By Edward J. Schoenbaum Administrative Law, June 2009 Recent cases of interest to administrative law practitioners.

Administrative Law Section Seminar and Section Council Meeting in Springfield, May 15th and 16th By William A. Price Administrative Law, June 2009 The Section sponsored a well-received seminar on administrative hearings and appeals this May 15th, and the Section Council met the day afterward at the Abraham Lincoln hotel in Springfield, Illinois.

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