Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 1001 - PROCEDURES AND STANDARDS
Subpart A - FORMAL ADMINISTRATIVE HEARINGS
Section 1001.90 - Form of Papers - Original Documents Required
Universal Citation: 92 IL Admin Code ยง 1001.90
Current through Register Vol. 48, No. 38, September 20, 2024
a) Form of Papers. All papers filed in any proceeding shall be clearly written or typewritten. They shall contain a caption showing the title of the proceeding with a case number. All papers must be signed or verified by the party filing the papers or his/her authorized representative or attorney, and shall contain his or her address, telephone number, website and electronic mail address, if available. An original and one copy shall be filed by each party, except as provided in subsection (b).
b) Original Documents Required. In regard to documents that are submitted pursuant to the requirements of Subpart D and that have not been previously submitted to the Department, the Department will accept, or admit into evidence, only the original document, except as specified in this subsection. By original document is meant a document that bears the original signature of the petitioner and/or author of the document, as applicable.
1)
Uniform Reports; Original Required. The requirement of the submission of an
original document that must also be submitted to a court of venue can be met in
one of two ways:
A) Service providers can
print multiple "originals", all of which are signed and dated by the provider
and the petitioner; or
B) The
provider can make a photocopy of the original and the provider and petitioner
can sign and date (or re-sign and re-date a second time) both the original and
the copy.
2) Update
Evaluations; Original Required. The first time that an update evaluation is
submitted to the Secretary of State, it must be submitted as an original
document. See Sections
1001.410 and
.440(a)(6). At subsequent submissions of the same document, such as when
renewing a restricted driving permit at an informal hearing, the petitioner may
submit a copy of the update evaluation.
3) Treatment Verification; Original Required.
The rules of the Secretary of State require petitioners to submit proof of the
successful completion of alcohol or drug related treatment in a "narrative
summary" or a similar report that shall provide the information listed at
Section
1001.440(m)(1).
The Department has composed, published, and distributed a "Treatment
Verification Form", which it prefers and strongly encourages that treatment
providers use and replicate for this purpose. The first time that this
document, or a narrative summary composed on a treatment provider's letterhead,
is submitted, it must be submitted to the Secretary of State as an original.
A) As specified in Section
1001.440(m)(2),
the Department will accept a copy of the petitioner's Individualized Treatment
Plan and Discharge Summary.
B) As
specified in Section
1001.440(m)(3),
the Department will accept a copy of the Continuing Care Plan. The other
Continuing Care documents that must be submitted to the Secretary of State
(periodic status reports and the final summary report, or the waiver of
continuing care) must be submitted as originals, on the provider's letterhead
stationery.
4) Driver
Risk Education; Original Not Required. The Department will accept a copy of the
form used by service providers to record and verify successful completion of a
Driver Risk Education course. See Section
1001.440(a).
5) Exceptions; Verification Form Allowed.
Exceptions to the requirement that the original document be submitted will be
considered only if the petitioner is able to demonstrate that the original
document is no longer available from the agency that composed the document. In
these cases, the petitioner must submit a "Verification Form" that the
Department has composed, published and distributed to service providers. On the
Verification form the service provider shall verify that the copy of the
document is a true and correct/identical copy of the original or of the
document that was received from another agency and is contained in its file,
and/or inform the Secretary of State of the reason that the original of a
document is not available.
6) Other
Documents; Original Preferred. All other documents that are composed or created
solely for the purpose of being submitted to the Secretary of State at a formal
or informal hearing should be submitted as originals. (For example: the
Secretary of State medical report forms; reports/evaluations from
psychiatrists, clinical psychologists, or other counselors; letters from
probation officers or physicians; letters of reference; verification of
employment.
7) Documents Sent by
Facsimile or Electronic Transmission. Documents recited in this Section that
must be submitted as an original but are, instead, sent by facsimile or
electronic transmission will be accepted at the time of the hearing; however,
the originals of the documents must be submitted at a later date. Leave to
submit the originals will be granted within no more than 14 calendar days after
the hearing. The presiding hearing officer will determine the specific number
of days within which the petitioner is allowed to submit the original, based
upon the circumstances of each individual case.
8) The failure of the petitioner to submit an
original document as required in this Section shall not, in and of itself,
constitute, under any circumstance, the sole basis of denying driving
relief.
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