No. 20-1156

Alan H. Olefsky v. Illinois Department of Financial and Professional Regulation, et al.

Lower Court: Illinois
Docketed: 2021-02-23
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: abuse-of-discretion administrative-discretion administrative-law agency-review disciplinary-action due-process medical-license medical-license-suspension mitigating-circumstances past-discipline
Key Terms:
AdministrativeLaw ERISA DueProcess Privacy
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the IDFPR's Final Order indefinitely suspending Petitioner's medical license for two years pursuant to the first order on remand, or one year pursuant to the second order on remand, was an abuse of discretion when the discipline is overly harsh in light of mitigating circumstances and a violation of Petitioner's due process rights when compared to past discipline for similar facts?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the IDFPR’s Final Order indefinitely suspending Petitioner’s medical license for two years pursuant to the first order on remand, or one year pursuant to the second order on remand, was an abuse of discretion when the discipline is overly harsh in light of mitigating circumstances and a violation of Petitioner’s due process rights when compared to past discipline for similar facts? 2. Whether federal and state courts reviewing administrative decisions should be allowed to reference and consider past administrative decisions from the agency being reviewed if the past decisions were not part of the administrative record? i

Docket Entries

2021-06-21
Rehearing DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-20
2021-04-26
Petition DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-01
Waiver of right of respondent IL Dept. of Financial and Professional Regulation to respond filed.
2021-02-16
Petition for a writ of certiorari filed. (Response due March 25, 2021)

Attorneys

Alan H. Olefsky
Michael Kevin GoldbergGoldberg Law Group, Petitioner
Michael Kevin GoldbergGoldberg Law Group, Petitioner
IL Dept. of Financial and Professional Regulation
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent
Frank Henry BieszczatOffice of the Illinois Attorney General, Respondent