DuPage County Administrative Hearings Attorneys
Administrative Hearings and Judicial Review Lawyers in Illinois
There are some legal disputes that are not adjudicated inside a courtroom. Administrative bodies have jurisdiction over certain areas of the law, using administrative hearings to decide cases. Administrative hearings are similar to courthouse trials. However, the proceedings tend to be less formal and the presiding official is the administrative law judge, who acts as both the judge and jury. If one party is not satisfied with the result of the hearing, that party may file for a judicial review.
At Momkus McCluskey LLC, our commercial and civil litigation team has in-depth experience representing individuals and employers in administrative hearings before administrative and regulatory bodies such as the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Employment Security (IDES), as well as handling judicial reviews. We work closely with our clients to understand their needs and craft the most practical and effective strategy to favorably resolve their legal matters. Whether before an administrative review board or court of law, we fight hard to protect your rights and work toward a successful outcome.
The Administrative Hearings Process
In an administrative hearing, the burden of proof is on the person who filed the complaint to persuade the administrative judge they are entitled to relief. The hearing has several components and the length may vary depending on the complexities of the case. The general steps of the hearing include:
- Pre-Hearing Conference: Before the hearing begins, the administrative judge may conduct a conference to clarify issues, discuss logistics and rule on any motions filed.
- Opening Statements: The parties are usually given a chance to provide an opening statement laying out what they intend to prove based on the evidence.
- Presenting of Evidence: Evidence to prove your case is presented in the form of documents, objects, photos, live witnesses, etc.
- Testimony of Witnesses: Witnesses who are approved by the administrative judge may be called, examined and cross-examined by the opposing party. Objections may be raised to questions asked of witnesses. The administrative judge has sole discretion to sustain or overrule an objection.
- Entering of Exhibits: Additional documents may be entered into the record as exhibits.
- Closing Arguments: The administrative judge may allow each party to give a closing statement summarizing their arguments and reviewing the evidence to support their arguments.
If you disagree with the decision of the administrative judge, you may file a petition for judicial review, which must be filed within the time frame and manner provided for under the Illinois Administrative Procedure Act. The success of the review depends on the strength of the argument made by you and/or your legal counsel.
Arguing your case in front of an administrative body is similar to a courtroom setting: In order to prevail, it is important to have a skilled civil litigation lawyer in your corner. If you require representation for an administrative hearing or judicial review in Illinois, contact us today at 630-434-0400 for a consultation. We provide counsel and advice from our team of experienced administrative hearings lawyers to communities in DuPage County, Chicago, Cook County, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.