2003 Articles

2003 Legislative overview By James W. Chipman September 2003 Although the deficit-ridden state budget took center stage in the 2003 spring legislative session, there were other important measures considered by the General Assembly.

2003 legislative overview update November 2003 Since the legislative summary that appeared in the September edition of this newsletter, the Governor has acted on all of the bills reported in that article.

Action may not be taken at a regular meeting of a public body unless the subject of the action is specifically set forth in the agenda for the meeting By Bernard Z. Paul November 2003 Early last year, the appellate court ruled that action may not be taken at a regular meeting of a public body unless the subject matter of the action was explicitly provided for in the agenda for the meeting.

Administrative law and agencies: An introduction By Kirk R. Chrzanowski July 2003 This article provides a brief overview of the administrative law process. This article also discusses the rise, creation, powers, and limits of administrative agencies.

Administrative subpoena powers: They’ve got ‘em—do they use ‘em? By Nicole Poirier August 2003 Not all administrative agencies have the authority to issue subpoenas in conducting investigations. However, those that do seem not to need to formally issue a subpoena for it to be effective.

Annual survey of administrative law 2002 March 2003 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.

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 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").

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 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).

Beyond Klaeren—The even newer world of zoning By John H. Brechin September 2003 The March 2003 edition of the Local Government Law newsletter included two articles on the recent decisions by the Supreme Court in Klaeren1 and the Second District Appellate Court in Gallik.2

Chairman’s column By Thomas M. Battista November 2003 For many years this Section has formally supported legislation that would create a new Illinois Department of Administrative Hearings.

Chairman’s column By Thomas M. Battista July 2003 I write as the new Chairman of the Administrative Law Section Council.

Department of Insurance adopts privacy rules By Laura Kotelman November 2003 The Illinois Department of Insurance has adopted rules, effective July 7, 2003, dealing with standards for developing and implementing safeguards to protect the security and confidentiality of customer information.

Filing deadlines in administrative review: Nudell v. Forest Preserve District of Cook Co. No. 1-00-3220 By Laura Kotelman January 2003 The circuit court lacked subject-matter jurisdiction because the plaintiff's complaint for administrative review was not timely.

A flash in the pan: The brief existence of the Anti-Monopoly Party By Spencer Weber Waller & Joshua Fink June 2003 While antitrust began in the United States as part of the politics of the nineteenth century populist movement, it has become in modern times a highly specialized conversation among experts that has lost much of its political punch and, indeed the attention or interest of the general public.

FOIA and technology—When will they converge? By David J. Silverman January 2003 Recently, the Houston Chronicle requested a computerized copy of records on Texas' 12 million drivers.

Foreign plaintiffs and U.S. Antitrust Law: Who can sue under the FTAIA? By Michael Boffa June 2003 Whether a foreign plaintiff must demonstrate that a U.S. market effect gives rise to their claim under the Federal Trade Antitrust Improvements Act (FTAIA) before suing under U.S. trade laws has been the subject of much debate

FTC holds healthcare hearings in effort to broaden enforcement framework By Leatrice Berman Sandler March 2003 The Federal Trade Commission, in collaboration with the Department of Justice, is about to embark on 25 days of hearings beginning in late February and extending through October 2003 on the subject of "Health Care and Competition Law and Policy."

FTC intervening to limit fees in private class actions By David A. O’Toole March 2003 Can anyone tell me where I can get a good deal on carbon paper?

High-tech hits home: Can local government officials use electronic communication tools without violating the sunshine laws? By Alfred M. Swanson, Jr. & Sharon L. Eiseman July 2003 It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business

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 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.

Illinois revises its antitrust statute By Blake L. Harrop & Livia S. West June 2003 On April 4, 2003, the Illinois House of Representatives voted 117-0 to adopt HB 3468, a bill to amend certain procedural aspects of the Illinois Antitrust Act, 740 ILCS 10/1 et seq.

In this issue March 2003 First, an apology: The January 2003 issue of this newsletter included David Silverman's article entitled "FOIA and Technology--When Will They Converge?" Although that article was published in the October 2002 issue of the ISBA Local Government Law newsletter, and was republished in the Administrative Law newsletter with the author's consent, no mention was made of the earlier publication.

In this issue January 2003 This issue begins with an article by Section Council member Laura Kotelman reporting on an important subject: the timeliness of an administrative review proceeding.

Inside November 2003 This issue of the newsletter contains a myriad of articles. Following the Chair’s column, Section Council member Laura Kotelman reviews new Insurance Department rules relating to the Department’s written information security program.

Inside September 2003 The place to be on Friday, September 5, 2003 is the ISBA's Chicago Regional Office where a large group of speakers will educate us on the law of administrative agencies and discrimination claims.

Inside August 2003 This issue of the newsletter features two articles.

Inside July 2003 This issue of the newsletter begins with incoming Section Council Chair Tom Battista's column, setting forth his agenda for the year and his plans regarding the newsletter.

Inside May 2003 This issue of the Administrative Law newsletter begins with Part Two of Marc Loro's article concerning breath alcohol ignition interlock rulemaking by the Illinois Secretary of State.

Inside April 2003 This issue begins with Part One of a two-part article by Section Council member Marc Loro, an employee of the Illinois Secretary of State's Office.

Maker of George Foreman™ contact grill settles complaint with attorneys general of 45 states By Robert E. Draba March 2003 Section 1 of the Sherman Act provides that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal."