Current through Register Vol. 48, No. 38, September 20, 2024
a) Petition; Notice of Hearing
1) A contested case is commenced by the
Office, either after the written request of the petitioner or on the Office's
initiative, by service of a Notice of Hearing in accordance with Section 2-114,
within the time limitation contained in Sections 2-118(a) and (b) and
3-402.B(7)(a) and (b), as applicable, of the Illinois Vehicle Code [625 ILCS
5/2-114, 2 -218(a) and (b), and 3-402.B(7)(a) and (b)] upon the respondent. By
"written request" it is meant that the petitioner may send the Office a
petition via facsimile, electronic transmission, or regular mail. The Notice of
Hearing may be sent by electronic transmission, if the petitioner agrees to
receiving the Notice of Hearing and Decision and/or Order via electronic
transmission.
2) Any petition for
reinstatement of driving privileges will also be considered a petition for a
restricted driving permit, unless the petitioner specifically waives any
consideration for alternative relief.
b) Filing Fee
1) A petition for a hearing will not be
accepted for filing unless it is accompanied by a fee of $50, as provided in
Sections 2-118 and 3-402.B(7)(a) of the Illinois Vehicle Code. This filing fee
must be submitted in the form of a money order, a check, or a credit card
charge (with a pre-approved card), made payable to the Secretary of
State.
2) This filing fee will not
be refunded to the party requesting a hearing if the hearing proceeds, the
party submits multiple petitions for a hearing to different hearing locations
simultaneously, the party withdraws from the hearing or an order of default is
entered. The party will be required to submit another filing fee before another
hearing will be scheduled.
3) In
cases where a hearing is continued, the party requesting the hearing will not
be required to submit another filing fee.
4) In cases where the party requesting a
hearing withdraws or defaults, the party will be required to submit another
filing fee before another hearing will be scheduled.
c) The Notice of Hearing shall include:
1) The names and addresses of all known
parties, petitioner and respondent, including the department initiating the
hearing;
2) Whether the hearing is
at the request of the petitioner or the Department;
3) The time, date and place of hearing. The
Department will endeavor to accommodate a party's request regarding the
location of a hearing, but reserves the discretion to schedule a hearing at a
site that is mutually convenient for all parties involved, including witnesses,
and subject to the constraints imposed by budgetary and personnel
considerations;
4) A short and
concise statement of facts (as distinguished from conclusions of law or a mere
recitation in the words of the statute) alleging the act or acts done by each
petitioner or, where appropriate, respondent; the time, date, and place each
such act was done or a short and concise statement of the matters asserted; and
the rule, statute, or constitutional provision, if any, alleged to have been
violated, or otherwise involved in the proceeding; and the relief sought by the
petitioner party;
5) A statement to
each party that:
A) Such party may be
represented by legal counsel; may present evidence; may cross-examine witnesses
and otherwise participate in the hearing.
B) Failure to so appear shall constitute a
default, unless such party has, upon due notice to other parties, moved for and
obtained a continuance from the hearing officer.
C) Delivery of notice to the designated
representative of a party constitutes service upon the party.
d) Requirements for
Felony Convictions Involving a Fatality. A petitioner who has an open
revocation for reckless homicide or aggravated driving under the influence that
involved a fatality must submit, with his or her petition for driving relief,
either a copy of the Order of the circuit court that states the sentence
received upon conviction, certified by the Clerk of the Court, or a document
from the Department of Corrections that reflects: the offense for which the
petitioner was imprisoned; the date of release from imprisonment; and the terms
of release or parole. For the purpose of determining a petitioner's eligibility
for reinstatement pursuant to Section 6-208(b)1 of the Code, and for the
issuance of a restricted driving permit pursuant to Sections 6-205(c) and
6-206(c)3 of the Code, the date of release from imprisonment refers to the
imprisonment on the conviction for the offense and does not include release
from imprisonment for a violation of parole or probation. It is the
responsibility of the petitioner to provide documentation that clearly reflects
the date of his/her release from imprisonment.
