2018 IL App (1st) 170285
Ill. App. Ct.2018Background
- Batu Shakari (formerly David Beverly) pleaded guilty to attempted murder in 1975, completed probation, and later became a licensed practical nurse (LPN) in 1982 and a registered nurse (RN) in 1989; he disclosed the conviction to licensing authorities and faced no disciplinary actions thereafter.
- In 2011 the Illinois Legislature enacted 20 ILCS 2105/2105-165, which mandates automatic, permanent revocation—"by operation of law" and without hearing—of a health care license when the licensee "has been convicted" of certain offenses, including forcible felonies; the statute took effect July 31, 2012.
- Attempted murder is classified as a forcible felony; the Department renewed Shakari’s RN license in 2012 (after passage but before effect) and again in 2014 (after effect), though the 2014 renewal was delayed and later characterized as tied to his renewal answers.
- In August–September 2015 the Illinois Department of Financial and Professional Regulation (Department) concluded section 2105-165 required revocation of Shakari’s RN license and permanently revoked it; Shakari sought administrative review in Cook County circuit court, which affirmed.
- Shakari argued on review and appeal that (1) the statute should not apply to convictions that predate licensure and (2) the Department’s post-enactment renewals estopped it from revoking his license; the courts rejected both arguments and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 20 ILCS 2105/2105-165 applies to convictions that predate licensure | Shakari: statute should not reach convictions that occurred before one became a health care worker | Department: statute’s "has been convicted" language applies regardless of when conviction occurred; bound by Hayashi | Court: statute unambiguous; Hayashi controls; applies to convictions predating licensure |
| Whether Department is estopped (equitable or collateral) from revoking after renewing license post-enactment | Shakari: renewals in 2012 and 2014 bar revocation (collateral or equitable estoppel) | Department: renewals were unauthorized as to the 2014 renewal and statute revokes by operation of law; government not estopped by agent’s unauthorized act | Court: estoppel unavailable against the State for unauthorized agency acts; renewals do not bar revocation; estoppel fails |
Key Cases Cited
- Hayashi v. Illinois Department of Financial & Professional Regulation, 2014 IL 116023 (Illinois Supreme Court) (statute’s "has been convicted" language applies regardless of conviction date; not impermissibly retroactive)
- City of Chicago v. Fair Employment Practices Comm’n, 65 Ill.2d 108 (Illinois Supreme Court) (administrative agencies are statutory creatures and lack common-law powers)
- Superior Coal Co. v. Department of Revenue, 4 Ill.2d 459 (Illinois Supreme Court) (agency misinterpretation of statute cannot create collateral estoppel)
- Rippinger v. Niederst, 317 Ill. 264 (Illinois Supreme Court) (government cannot be estopped by acts of its agent beyond conferred authority)