HHS Launches New Web site on HIPAA Privacy Compliance and EnforcementGovernment Lawyers, September 2007To 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 legislationBy J.A. Sebastian & Paul E. FreehlingAdministrative Law, September 2007On August 21, 2007, Public Act 95-321 (SB29) became law.
The role of attorney-accountants in administrative state and local tax proceedingsBy Julie-April MontgomeryState and Local Taxation, September 2007Your 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 decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, September 2007These 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. SebastianAdministrative Law, August 2007In 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 caseBy Paul E. FreehlingAdministrative Law, August 2007An 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 JudiciaryBy Hon. Ann Breen-GrecoAdministrative Law, July 2007The 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 decisionsBy Hon. Edward J. Schoenbaum, Jr.Administrative Law, July 2007Recent cases of interest to administrative law practitioners.
Amendments to administrative practice: Is a central core panel a good idea?By J.A. SebastianAdministrative Law, June 2007A 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 decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, June 2007These 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-ChangAdministrative Law, May 2007The 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 issuesBy Bernard Z. PaulAdministrative Law, May 2007The 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 decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, May 2007These 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 citationBy Marc Christopher LoroAdministrative 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 judgesBy William A. PriceAdministrative Law, March 2007Due 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 LawBy J.A. SebastianAdministrative Law, March 2007For 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 decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, March 2007These 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 IllinoisBy Jewel N. KleinAdministrative Law, February 2007If 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 minefieldBy J.A. SebastianAdministrative Law, January 2007When 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?
Summary of recent decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, January 2007These 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.
Summary of recent decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, November 2006These 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.
Feret v. Schillerstrom: Second DistrictBy Phillip B. LenziniAdministrative Law, October 2006In what might be the first exhibit of the proof that the Appellate Court has too much time on its hands, or improvidently issues unpublished orders under Supreme Court Rule 23, which then lead to subsequent appeals and published opinions, the Appellate Court, Second District, has recently decided the case of Feret v. Schillerstrom.
Special Education Hearing Officer: A “hybrid” federal/state Administrative Law JudgeBy Hon. Ann Breen-GrecoAdministrative Law, October 2006The role of a Special Education Hearing Officer/ALJ is unique: a “hybrid” ALJ—one who is part of a “national corps” of Special Education HO/ALJs, working under a federal statute, whose decisions are reviewed in federal court, and who is paid by federal funds but who works for a state board of education which administers the program.
Summary of recent decisionsBy Hon. Edward J. SchoenbaumAdministrative Law, October 2006These 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.
Necessary parties—Strict adherence againBy Patti Gregory-ChangAdministrative Law, September 2006On July 21st, 2006 the First District rendered its opinion in Catamount Cargo Serv. v. Illinois Dep’t of Employment Serv. This case relating to necessary parties follows a long line of cases strictly interpreting the Administrative Review Law.
Summary of recent decisionsAdministrative Law, September 2006These 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.
Proper exhaustion of administrative remedies?By Patti Gregory-ChangAdministrative Law, August 2006The majority of the Justices on the Supreme Court of the United States recently declared that an appellant must PROPERLY exhaust administrative remedies before pursuing a claim in Federal Court. Woodford v. Ngo, 126 U.S. 2378 (2006).
Summary of recent decisionsAdministrative Law, August 2006These 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.