Current through Register Vol. 48, No. 38, September 20, 2024
a) The
Board shall make a record, electronically or by other reliable means, of the
final votes cast by each individual member upon their review of the request for
relief record or at the conclusion of the hearing, if one is
requested.
b) The Board shall issue
an order either granting or denying the request for relief based upon the
majority vote. If the Board denies relief, the Board shall detail the
circumstances warranting denial.
c)
The Board shall issue a decision within 45 days of receiving all
completed appeal documents from the Department and petitioner, unless:
1) the petition is for expedited relief from
an eligible active law enforcement officer pursuant to Section 10(c-5) of the
Act and must be acted on within 30 business days after receipt of that
petition;
2) the plea is from an
individual determined to be developmentally or intellectually disabled pursuant
to Section 10(c-5) of the Act and must be acted on within 60 days after receipt
of the required certification unless the timeline is tolled for a fact-finding
conference;
3)
the Board
requests information from the petitioner, including, but not limited to,
electronic fingerprints to be submitted to the Illinois State Police, in
accordance with Section 10(a-5)(5) of the Act, in which case
the Board shall make a decision within 30 days of receipt of the required
information from the petitioner;
4) the petitioner requests a hearing and
agrees, in writing, to allow the Board additional time to consider an
appeal; or
5)
the
Board notifies the petitioner, and the Department, it needs an additional 30
days to issue a decision, which may be requested no more than two times and
shall include an explanation for the extension. (Section 10(a-5)(6) of
the Act)
d) For matters
transferred to the Board by the Department, the Board shall issue a decision
within 45 days after receiving all completed appeal documents from the
Department, unless extended in accordance with subsection (c).
e) The Board shall provide notice of its
decision to the petitioner and Department by providing a copy of its order to
the petitioner and the Department.
1) Where
the Department determines it is appropriate, the Department will reinstate the
petitioner's firearms rights, issue a FOID Card, and update, correct,
modify, or remove the person's record in any database that the Illinois State
Police makes available to the National Instant Criminal Background Check
System to reflect that the basis for the firearms prohibitor for which
relief has been granted no longer applies within 15 business days after the
Board's decision. (Section 10(f) of the Act)
2) Out-of-state residents who petition the
Board pursuant to Section 10(c) of the Act and are granted relief by the Board
shall not be issued a FOID Card but rather shall only have their record
corrected. (Section 4(a)(2) of the Act)
f) An order of the Board is a final
administrative decision and subject to judicial review pursuant to Section 11
of the Act.
