Ardt v. Illinois Department of Professional Regulation

607 N.E.2d 1226, 154 Ill. 2d 138, 180 Ill. Dec. 713, 1992 Ill. LEXIS 199
CourtIllinois Supreme Court
DecidedDecember 4, 1992
Docket72440
StatusPublished
Cited by62 cases

This text of 607 N.E.2d 1226 (Ardt v. Illinois Department of Professional Regulation) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ardt v. Illinois Department of Professional Regulation, 607 N.E.2d 1226, 154 Ill. 2d 138, 180 Ill. Dec. 713, 1992 Ill. LEXIS 199 (Ill. 1992).

Opinions

JUSTICE MORAN

delivered the opinion of the court:

On July 6, 1989, the Illinois Department of Professional Regulation (Department) filed a complaint against Edward Ardt, a practicing dentist, alleging that he had violated provisions of the Illinois Dental Practice Act (Act) (Ill. Rev. Stat. 1987, ch. 111, par. 2301 et seq.). Specifically, the Department charged that Ardt had violated sections 23 and 45 of the Act and the administrative regulations promulgated thereunder by using the terms “family dentistry,” “total comfort,” and “quality” in his advertising.

Following an administrative hearing on the charges, Ardt was found to have violated the Act. The Department placed him on probation for two years. During that time, Ardt was to submit copies of all his advertisements to the Department and to publicly display his license, which was stamped to indicate that Ardt was on probation. He was also fined $500.

Ardt filed a complaint in the circuit court of Cook County for administrative review of the Department’s decision. Among other things, Ardt challenged the validity of the advertising provisions under which he was charged, claiming that the provisions violated his first amendment right to free speech. Ardt also filed a petition for a stay of the Department’s sanctions pending review. The circuit court granted the stay, despite the Department’s argument that section 32 of the Act prohibits the suspension of any sanctions during the pendency of judicial review. The Department filed an interlocutory appeal seeking reversal of the stay order. That appeal was later consolidated with Ardt’s appeal from the trial court’s decision affirming the Department’s determination on the merits.

The appellate court affirmed as modified to reflect its ruling that the unamended section of the administrative regulations which had unqualifiedly prohibited use of the term “family dentistry” in advertising was overly broad and thus unconstitutional (218 Ill. App. 3d 61). This court granted the Department’s petition for leave to appeal (134 Ill. 2d Rules 315, 317).

The issues before us are whether: (1) the circuit court had the authority to enter a stay, and (2) certain advertising provisions of the Dental Practice Act are unconstitutional. We affirm.

Section 32 of the Dental Practice Act

The Illinois Constitution of 1970 grants “original jurisdiction of all justiciable matters” to the circuit courts, and further states that the courts “shall have such power to review administrative action as provided by law.” (Ill. Const. 1970, art. VI, §9.) Pursuant to this grant of authority, the General Assembly enacted the Administrative Review Law, a provision of which empowers the circuit court to stay decisions of the administrative agency pending final disposition of the case upon judicial review. (Ill. Rev. Stat. 1987, ch. 110, par. 3— lll(a)(l).) Section 32 of the Act provides that all administrative decisions of the Department are subject to judicial review according to provisions of the Administrative Review Law. (Ill. Rev. Stat. 1987, ch. 111, par. 2332.) However, section 32 makes the following exception:

“During the pendency and hearing of any and all judicial proceedings incident to such disciplinary action any sanctions imposed upon the accused by the Department shall remain in full force and effect.” Ill. Rev. Stat. 1987, ch. 111, par. 2332.

The circuit court found section 32 constitutional. Nevertheless, the court held that the section applies unconditionally only to situations where a dentist’s professional competence is in question. Finding that there was no potential harm to the public during the pendency of the appeal and that Dr. Ardt’s practice would suffer if he were forced to display his probationary license during that time, the court granted a stay of the sanctions.

Upon review, the appellate court determined that, despite the prohibition of section 32, the circuit court had the authority to grant a stay pending judicial review. The court reached its conclusion by reasoning that equity may be invoked to protect constitutionally guaranteed liberties, and Ardt had asserted a violation of his right to free speech. The court further concluded that, because section 32 restricts the equitable power of the court to issue a stay where appropriate, the statute improperly infringes on the power of the judiciary and consequently is unconstitutional.

The Department contends that the appellate court’s decision misapprehends the basic character of judicial authority in the context of judicial review of an administrative decision. According to the Department, a court exercising special statutory jurisdiction must comply strictly with provisions of the empowering statute. In defense of its position, the Department cites Fredman, in which this court held that a court exercising special statutory jurisdiction “is limited to the language of the act conferring it and the court has no powers from any other source.” (Fredman Brothers Furniture Co. v. Department of Revenue (1985), 109 Ill. 2d 202, 210.) The Fredman court was concerned with a jurisdictional requirement for judicial review set out in the Administrative Review Act (Ill. Rev. Stat. 1979, ch. 110, par. 265 (now Ill. Rev. Stat. 1991, ch. 110, par. 3 — 103)). Section 2 mandated that judicial review be sought within 35 days after service of the administrative agency’s decision. The Fredman court held that, unless the statutory mode of procedure is strictly pursued, no jurisdiction to review administrative decisions is conferred on a court. In the case before us, we are concerned not with a condition precedent to a court’s subject matter jurisdiction, but rather with the statutory prohibition of a court’s exercise of its power to grant injunctive relief once the court’s jurisdiction has attached. Thus, the decision in Fredman does not bear directly on the question before us.

The Department also cites Levy v. Industrial Comm’n (1931), 346 Ill. 49, for the proposition that the authority of a circuit court exercising special jurisdiction to make any order must be found in the empowering statute. The issue in Levy, however, was whether the court had the power to modify a statutory writ in order to gain personal jurisdiction over the litigants. Inasmuch as it concerned the exercise of a court’s powers prior to gaining jurisdiction, Levy is not applicable to the case at bar.

The Department also urges our consideration of People v. Byrnes (1975), 34 Ill. App. 3d 983. In Byrnes the appellate court found that the circuit court was without authority to dismiss criminal charges prior to trial. Instead, such authority rested at common law with the Attorney General until it passed by statute to the State’s Attorney. In the present case we are concerned not with a power which the court did not possess at common law, but rather with a traditional power of the court: that of granting injunctive relief. Consequently, we find Byrnes inapposite to the issue under consideration.

The Department further argues for the applicability of the holding in People ex rel. Illinois Department of Human Rights v. Arlington Park Race Track Corp. (1984), 122 Ill. App. 3d 517. Arlington Park Race Track was concerned with the court’s entry of a permanent injunction in a civil rights proceeding.

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Cite This Page — Counsel Stack

Bluebook (online)
607 N.E.2d 1226, 154 Ill. 2d 138, 180 Ill. Dec. 713, 1992 Ill. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardt-v-illinois-department-of-professional-regulation-ill-1992.