no clear of legal right to to choose the time and place of their appeal hearings and finally the circuit court abused its discretion by ensuring judgement here without giving the mccoy asked for a continuance for receipt of medical records of this good rare zero asked that her representative be allowed to appear by phone or alternatively no your honor the department's regulations state with respect to postponements that if you do not receive a response granting your request then it is deemed denied and you need to  denied your honor the us statute the public aid code as well as the department's regulations state that the hearing officer may permit appearances by telephone and this statute the statu was amended after on number of appellate court cases that interpreted the previous version of the law to not allow a telephone appearance under any circumstances the statute was then amended to permit telephone appearance but this is discretionary the hearing officer has a great deal of discretion in deciding how to conduct the hearings but even before we get to to the merits of the mandamus complaint that the first and really their only issue that this court needs to reach is the problem that we have a mandamus complaint at all the administrative review law on the public a code are very the administrative review law and here plaintiffs did not file within thirty five days and administrative review action so they cannot come to the court with a mandamus petition and that's really all this court need to decide  yes that case is distinguishable your honor as you said first of all the argument that there cannot have the administrative review because there was no hearing is meritless this court rejected that same argument in the middle and enterprises case which my opponent has never addressed the fact that there is no hearing does not mean that there is no administrative record the administrative record would consist of the filings made by the plaintiffs as well as the department's notices and decisions this could then be reviewed by a court sitting in administrative review that court grants the relief that they seek the the problem in the case that their appeal to the department requests for hearing the department to notices scheduling the hearing their requests that the hearing be rescheduled or that their representative appear by phone the department's dismissal notices or in the case of ms guerrero there was and usually there was a hearing so her administrative record would include  so there would be an administrative record for a court to review and in ms mccoy's case it would not include any kind of hearing transcript but the administrative review law does not require a hearing transcript for administ problem with the court's judgment is that it was entered following simply our motion to dismiss there was no evidence submitted we in fact have evidence that would contest plain and we were not given how to do the check of the jurisdiction you're not necessarily objecting to the procedures that the trial courts exercise you were actually  if you're alleging of using this relief well it would seem that what you are saying is that you were denied the process because you never had a hearing of america's death because he supposedly rule not your honor the motion to reconsider was based again on the lack of jurisdiction because of the nature of the action not being an administrative review action is a workable it was not raised to and should be dismissed because it was not timely just to lay out the timeline for the court the the administrative decisions were issued in january of two thousand and seven the thirty five day began to run and the complete here was not file till may so it was beyond the thirty five day window so even if the corps were inclined to view the petition broadly it still could not be considered a your honor yes in administrative review the court would look at the the entirety of the requests that were made she the complaint is not complete let me say that the admin in his ministry to freeview this court would have the entire administrative record before it the allegations made in the claim about his mccoy i don't believe that the agency would deny a request as a sanction the agency gave this claimant a number of opportunities upon request by counsel to obtain medical records at a certain point at the department can say no no more extensions and if the under medicaid policy and to the dismissal of guerrero's appeal for failure to appear in person when her representative requested to appear by phone and when that request was not honored do you agree that  was initially commenced by telephone in june of two thousand and six there was another hearing that was scheduled i believe it was in october of two thousand and six and in that case the representative the issue that we have is just that you can request a postponement you current cost of phone hearing you never hear so what are you supposed to show up in all of these cases we're talking about you know i for instance mccoy she's a disabled woman she lives eighty four miles roundtrip from all the county asked is she supposed to show off that's a hearing just to check to see if her postponement was granted for purposes of obtaining additional medical when according to the department's policy handbook it something that keeps her sometimes her parents call the statement of facts and if it's a case involving medical there might be medical records on and it would be this hearing transcript and the final decision i so what you're saying is question to you is they talk about if you don't receive it you are to conclude that if it was did not well i want to send a case where somebody didn't get something but they claim they mailed it so under these procedures do they mail something but you didn't get it and give they mailed it do they put in the record a copy of the letter that mailing or if that they would have made it so my question to you is when you said it's not included in the records does a letter get sent but it is not included in the record or is it there is no letter ever sent the answer is that there they do have the power to remain and on that problem that i see as i don't know how you are reached the issue how do you ever reach the issue that they don't hold for hearings unless you go through the work that they don't hold for instance like phone hearings how would you reach that issue an admini is in the record that was set that you didn't proceed and i believe the case that i was referring to pointed out that administrative review law says that you can infect a man or have the records include things that were presented before the administrative agency or prepared by the administrative agency for purposes of a hearing or procedure what you cannot do is you cannot create things that didn't exist that prior to the time of the judge would be better by the agency and then quote unquote reconstruct something that didn't exist prior to so i believe based upon my knowledge of the law if in fact they have sent a letter that they didn't will give the record a trial court has the authority and a tissue or a party that has the right to ask that something that was part of the proceedings be included in the record despite the fact that the agency didn't do or explain why it is that in the records such as it's not in the record because it was never sent out we can't find the letter in one of t well for instance and the case of guerrero and they started the administrative hearing in june of two thousand and six and the hearing officer continued it because she wanted a policy reference so we could locate it quickly enough for her  case was rescheduled i believe in october of two thousand and six i requested on the phone hearing or in the alternative for a continuance i didn't show up for the hearing neither did my client in person at a local county d and according to their policy the case should have been dismissed at that point and it wasn't they issued a notice i think it's about a week later a week after the hearing stating that it would be reset to a later date so that's one example first request is an allegation that we have previous requests that would have been in an administrative record and so that should be treated by this court simply as an allegation that we would have hoped to disprove had we been given that opportunity secondly with respect to the record in this case as your honor noted the court sitting in administrative review would absolutely have the ability to read and to the department if the record in fact did not include the correspondence that counsel says would be necessary and in fact in our and if the record is insufficient the quarterly manson back for a hearing to be conducted so they can do this in fact counsel has done this in the past there's no reason why it couldn't have been administrative record should consist of all of the for seedings before the department and if there is an omission then that is something that should be added to the record all of the proceedings where the current is it's not irrational you expect ok they've been nice to me a couple times for you know why they stopped listening to the news and the certain point that the department certainly has the right to exercise its discretion and say no more and friendly counsel suggested that the disabled plaintiff here was required to haul herself off and get herself to the location gay to provide a hearing by phone for people who are disabled and are not able to move transport themselves that is not an issue in this case this is about whether a representative should be able to be heard by phone and