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Friday, October 27, 2017

IL Supreme Court Will Hear Two FOIA Appeals

In more FOIA news, the Illinois Supreme Court recently granted Petitions for Leave to Appeal (PLA) in two FOIA cases. The Court will hear Institute for Justice v. Ill. Dept. of Financial and Professional Regulation, and Perry v. Illinois Dept. of Financial and Professional RegulationBoth cases deal with disclosure of documents and the retroactive application of statutes.  

The issue in Institute for Justice is whether complaints regarding licensed cosmetologists and hair braiders are exempt retroactively under Section 4-24 of the Barber, Cosmetology, Esthetics, Hair Braiding and Nail Technology Act. The trial court found that no exemptions applied to the case, while the appellate court found that the Act applied retroactively to prevent disclosure of the complaints.  

The issue in Perry is whether the Civil Administrative Code of Illinois applies retroactively to prohibit disclosure of a complaint against plaintiff’s structural engineer’s license. The appellate court similarly found that the Code could be applied retroactively to prevent release of the records under FOIA.

We will monitor the status of these appeals - check the blog for updates! 

Post Authored by Erin Pell, Ancel Glink


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