True and false for shit from essay lol Flashcards
Final decisions of administrative agencies subject to ARL (admin review law) MAY be judicially reviewed in accordance with the ARL OR by writ of certiorario at the discretion of the aggrieved party.
False. Where proceedings under the ARL are specified in the regulatory statute, they are exclusive remedy
Every action to review a final administrative decision must be commenced by filling of a complaint and the issuance of a summons within 35 days from the date that a copy of the decision was served upon the affected party
TRUUUU
The administrative agency involved must be made a defendant, as well as all other persons (other than P) who were parties of record b4 the administrative agency
TRUUU
Unless otherwise ordered by the court, only the administrative agency may file an answer
TRUUU
the record upon review MUST be procured and filed by the plaintiff
FALSE. The record upon review must be procured and filed by the AGENCY not the P
The findings and conclusions of the administrative agency on QUESTIONS OF FACT are to be held to be pima facie true and correct
TRUU. These factual findings will be upheld UNLESS they are against the manifest weight of the evidence
Th court may hear such additional evidence as it deems necessary to afford a just and full hearing
False. No additional evidence; review on the record
Any final decision, order, judgment, or decree of the court in an action to review a decision of an administrative agency may be reviewed by the Supreme Court of Illinois
TRUU
The court may remand for the purposes of taking additional evidence when from the state of the record of the administrative agency or otherwise it appears that such action is just
TRUUU