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08/23/96 BONNIE ROSE MARTIN v. DEPARTMENT

August 23, 1996

BONNIE ROSE MARTIN, PLAINTIFF-APPELLANT,
v.
THE DEPARTMENT OF PROFESSIONAL REGULATION, DEFENDANT-APPELLEE.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. No. 93 CH 8243. THE HONORABLE MARGARET STANTON McBRIDE, JUDGE PRESIDING.

The Honorable Justice Cousins delivered the opinion of the court. Gordon and Hourihane, JJ., concur.

The opinion of the court was delivered by: Cousins

JUSTICE COUSINS delivered the opinion of the court:

Plaintiff, Dr. Bonnie Rose Martin, filed a complaint for administrative review against defendant, the Department of Professional Regulation, alleging that defendant acted arbitrarily and beyond its statutory authority by denying permission for plaintiff to take her licensure examination as a clinical psychologist. Defendant filed a motion to dismiss pursuant to section 2-619(a)(1) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(1) (West 1994)), claiming that plaintiff had failed to name a necessary party and party of record, defendant's Director, Nikki Zollar, in violation of section 3-107(a) of the Administrative Review Law (Review Law) (735 ILCS 5/3-107(a) (West 1992)). The trial court granted the motion, agreeing that Director Zollar was a necessary party and concluding that a 1994 amendment to section 3-107(a) could not apply retroactively to allow plaintiff to name and serve Director Zollar.

We reverse and remand.

BACKGROUND

On September 8, 1993, defendant sent plaintiff a letter that stated:

"Your application for registration as a clinical psychologist in the State of Illinois on the basis of examination was reviewed by the Clinical Psychologists Licensing and Disciplinary Committee at the August 27, 1993, meeting.

The Committee recommended that your application be denied, due to the fact that you still have not completed a practicum and internship. You have been credited with 2 years of satisfactory work experience.

Director Zollar has accepted the Committee's recommendation.

This denial of your application constitutes the final decision of the Department. You have a right, under the Administrative Review Act ***.

If you wish to submit new material or information not previously presented to the Department, the material must be submitted within 35 days of the date of this letter."

The letter was signed by Mary Wright, manager of the Health Services Section.

On September 10, 1993, plaintiff filed a complaint for administrative review against defendant. Plaintiff alleged that she met all statutory qualifications for licensure exam eligibility by completing her doctorate degree in psychology from an approved program in 1988. Plaintiff also claimed that defendant acted arbitrarily, capriciously, and contrary to law in subjecting her to retroactive application of requirements under the 1989 ...


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