Case Dealing With Disputes Between Grain Producers and Grain Dealers
In Kaufman Grain Co. v. Director of the Department of Agriculture, 179 Ill. App. 3d 1040, 534 N.E.2d 1259, 128 Ill. Dec. 654 (1988), the Department argued that it had the right to settle disputes between grain producers and grain dealers under various statutes and that it had done so in the past.
This court held that the statutes cited did not provide a basis for such adjudication by the Department, although the Department might have such authority if it had enacted administrative rules under those statutes specifically providing for such adjudication. Kaufman, 179 Ill. App. 3d at 1049, 534 N.E.2d at 1265.
The Court held that the Department's practice amounted to the promulgation of an administrative rule, without complying with the Administrative Procedure Act, and that plaintiff was entitled to attorney fees under section 14.1(b), for "'the agency's failure to follow statutory procedures in the adoption of the rule.'" Kaufman, 179 Ill. App. 3d at 1048, 534 N.E.2d at 1265, quoting Ill. Rev. Stat. 1985, ch. 127, par. 1014.1(b) (now 5 ILCS 100/10-55(c) (West 1992)).