Van Milligen v. The Department of Employment Security

373 Ill. App. 3d 532
CourtAppellate Court of Illinois
DecidedMay 22, 2007
Docket2-06-0098 Rel
StatusPublished
Cited by13 cases

This text of 373 Ill. App. 3d 532 (Van Milligen v. The Department of Employment Security) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Milligen v. The Department of Employment Security, 373 Ill. App. 3d 532 (Ill. Ct. App. 2007).

Opinion

JUSTICE GILLERAN JOHNSON

delivered the opinion of the court:

The plaintiff, Frank Van Milligen, appeals, pro se, the trial court’s dismissal of his complaint seeking the review of a decision of the Board of Review (the Board) of the Illinois Department of Employment Security (IDES). The trial court dismissed the plaintiff’s complaint because he did not name the Board as a defendant in the complaint as required by section 3 — 107(a) of the Administrative Review Law (the Review Law) (735 ILCS 5/3 — 107(a) (West 2004)). On appeal, the plaintiff argues that the trial court erred by not allowing him leave to amend his complaint to name the Board as a defendant. We affirm.

In February 2005, the plaintiff was terminated from his employment with Bond Drug Company of Illinois (Bond Drug) and Walgreens Co. (Walgreens) for violating their policy against harassment and discrimination. The plaintiff applied for unemployment benefits, but on June 22, 2005, the Board issued a final decision finding him ineligible to receive benefits, for misconduct under section 602(A) of the Unemployment Insurance Act (the Act) (820 ILCS 405/602(A) (West 2004)). Section 1100 of the Act (820 ILCS 405/1100 (West 2004)) expressly adopts the Review Law (735 ILCS 5/3 — 101 et seq. (West 2004)) as the sole means to review any final decision of the Board.

On July 27, 2005, 35 days after the Board’s decision, the plaintiff filed a complaint for administrative review in which he named as defendants Bond Drug, Walgreens, the IDES, and Brenda Russell in her capacity as the Director of the IDES (the Director). The plaintiff did not name the Board as a defendant. Thereafter, the IDES and the Director moved to dismiss the plaintiffs action pursuant to section 2 — 619 of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 619 (West 2004)), because his complaint did not name the Board as a defendant as required by section 3 — 107(a) of the Review Law. In response to the motion, the plaintiff argued that due process mandated application of equitable tolling principles, and he requested leave to amend his complaint to add the Board as a defendant. The trial court found these principles inapplicable and dismissed the plaintiff’s complaint for lack of jurisdiction. The plaintiff filed a timely notice of appeal. On appeal, the plaintiff argues that he is entitled to amend his complaint pursuant to: (1) section 3 — 103 of the Review Law; (2) the “good faith” exception to the Review Law’s requirements; (3) equitable tolling principles; (4) due process requirements; and (5) section 2 — 616(d) of the Code and Rule 15 of the Federal Rules of Civil Procedure (Fed. R. Civ. E 15).

A motion to dismiss pursuant to section 2 — 619 of the Code admits the legal sufficiency of the plaintiff’s complaint, but asserts an affirmative defense or other matter that avoids or defeats the plaintiffs claim. DeLuna v. Burciaga, 223 Ill. 2d 49, 59 (2006). “Section 2 — 619 motions present a question of law, and we review rulings thereon de novo.” DeLuna, 223 Ill. 2d at 59.

“Under the Illinois Constitution, final judgments from the circuit courts are appealable as a ‘matter of right,’ but final administrative decisions are appealable only ‘as provided by law.’ Ill. Const. 1970, art. VI, §§6, 9. Because review of a final administrative decision may only be obtained as provided by statute, a court is said to exercise ‘special statutory jurisdiction’ when it reviews an administrative decision. [Citation.] 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, 109 Ill. 2d 202, 210 (1985). A party seeking to invoke a court’s special statutory jurisdiction must strictly comply with the procedures prescribed by statute.” Collinsville Community Unit School District No. 10 v. Regional Board of School Trustees, 218 Ill. 2d 175, 181-82 (2006).

Circuit courts are granted jurisdiction to review decisions by the Board through section 1100 of the Act (820 ILCS 405/1100 (West 2004)). That statute specifies that decisions by the Board are reviewable “only under and in accordance with” the Review Law. 820 ILCS 405/1100 (West 2004); McGaw Medical Center of Northwestern University v. Department of Employment Security, 369 Ill. App. 3d 37, 40 (2006). The Review Law is a departure from common law, and the procedures it establishes must be strictly followed. Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).

As to the time and manner of proceeding, the Review Law states that an action to review a final administrative decision “shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be x*eviewed was served upon the party affected by the decision.” 735 ILCS 5/3 — 103 (West 2004). The Review Law also specifies who must be made a defendant within the 35-day period: “the administrative agency and all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency, shall be made defendants.” 735 ILCS 5/3 — 107(a) (West 2004). “Noncompliance with the joinder provisions of the Review Law requires dismissal of the review proceeding.” Collinsville, 218 Ill. 2d at 183; see also Lockett, 133 Ill. 2d at 354 (the joinder requirements are mandatory and specific and admit of no modification). “Sections 3 — 103 and 3 — 107 have been interpreted by our supreme court to require dismissal of a cause of action for administrative review, without leave to amend, where a necessary party was not made a defendant within the 35-day limitation period.” McGaw, 369 Ill. App. 3d at 40; see Collinsville, 218 Ill. 2d at 183; Lockett, 133 Ill. 2d at 354-56.

In the present case, the plaintiff does not dispute that the Board is a necessary party in this case or that he failed to join the Board within the 35-day time period. Rather, the plaintiff argues only that he should have been allowed to amend his complaint to name the Board as a defendant. The plaintiff first contends, relying on section 3 — 107(a) of the Review Law, that he should be allowed to amend his complaint because he properly named the Director as a defendant. Section 3 — 107(a) states, in relevant part, as follows:

“Naming the director or agency head, in his or her official capacity, shall be deemed to include as defendant the administrative agency, board, committee, or government entity that the named defendants direct or head.

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Bluebook (online)
373 Ill. App. 3d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-milligen-v-the-department-of-employment-security-illappct-2007.