Full question:
What should be the form and content of a proposed order requested by a circuit court judge after an Administrative Review? The Review dealt with an Administrative Hearing which resulted in the suspension of driving privileges. I want this suspension to be removed.
- Category: Courts
- Subcategory: Pleadings
- Date:
- State: Illinois
Answer:
The answer will depend on all the facts and circumstances involved, such as the basis for the suspension and the reasoning for the administrative ruling. Generally, a court order will contain a caption at the top, with the parties' names, case number, court name, assigned judge, and title of the pleaading (i.e. Order). The order may state the authority for the court's jurisdiction over the matter, the facts involved in the matter, and the decision of the court. A signature and date block will be at the bottom. Local court rules regarding format vary by court. I suggest contacting the clerk of courts to obtain a copy of the local rules. You may also inquire about conducting a search of the court docket for a similar order, as they are a matter of public record. We are prohibited from giving legal advice, as this service provides information of a general legal nature. If you need further assistance, I suggest contacting a local attorney who can review all the facts and documents in the case.
Typically, appeals to the courts are heard from administrative agencies under the substantial evidence rule. Under this standard of review, the agency’s findings of facts will not be second-guessed by the reviewing court if supported by “substantial evidence,” and the agency’s applications of law and policy will not be overturned unless the court concludes that the agency acted in an “arbitrary” or “capricious” manner, erred in applying the law to the facts, or “abused its discretion.” Therefore, an order overturning an administrative ruling may find that the agency abused its discretion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
