Cotovsky v. Department of Registration & Education

PRESIDING JUSTICE JOHNSON

delivered the opinion of the court:

The Department of Registration and Education appeals an order of the trial court setting aside the Department’s decision to revoke the pharmacy practice licenses held by Irving Cotovsky, Joseph Schreier and Edward Jung. The Department presents the following issues for review: (1) whether the trial court can set aside the decision of an administrative agency based on a factual argument which was never raised before the agency; (2) whether the finding that Joseph Schreier and Edward Jung dispensed excessive quantities of controlled…