Current through Register Vol. 48, No. 38, September 20, 2024
a) Lower Level
Hearing; No Right to Appeal. This Subpart applies to informal hearings
conducted by driver license hearing officers in the Department of
Administrative Hearings of the Office of the Secretary of State in various
locations throughout Illinois. They are a lower level hearing than the formal
hearings conducted pursuant to Subpart A of this Part. There is no appeal from
an informal hearing to a formal hearing because the formal hearing is a de novo
proceeding. These informal hearings are limited to the consideration of and the
making of recommendations on driver's license suspension and revocation matters
and the recommendations may include any recommendation able to be made by a
formal hearing, except as provided in subsection (b).
b) Petitions Not Subject of Informal
Hearings. An informal hearing shall not, however, consider petitions for
driving relief in the following cases:
1) the
current suspension, revocation or cancellation resulted from an offense, the
facts of which involved a death;
2)
for the rescission or modification of suspensions or revocations;
3) the petitioner has 2 or more DUI
dispositions during the petitioner's lifetime, at least one of which resulted
in the current open revocation or suspension of driving privileges;
4) an open revocation entered pursuant to
Section 6-206(a)1 of the Code and 92 Ill. Adm. Code
1040.35;
5) for a restricted driving permit after an
extension or reimposition of a summary suspension entered pursuant to Section
6-206.1(l) of the Code;
6) a
renewal of any restricted driving permit if there were BAIID violations while
driving on the restricted driving permit which were not satisfactorily
explained to the BAIID Division.
7)
any hearing for reinstatement of driving privileges for which a formal hearing
was required for issuance of the restricted driving permit;
8) a person subject to a life-time
prohibition from making an application for a driver's license under Section
6-208(b)4 of the Code regardless of the nature of the current loss of driving
privileges.
c)
Jurisdiction of Informal Hearings - Renewal of Permits. An informal hearing
may, however, consider, after initial approval or issuance at a formal hearing,
a petition for the continuation/renewal of restricted driving permits in the
above cases if:
1) a restricted driving permit
was granted from a formal hearing;
2) a permit is still in effect or has expired
no more than 30 days from the date of the informal hearing;
3) the petitioner has not been subsequently
convicted or received court supervision for any of the following offenses:
driving under the influence or aggravated driving under the influence, leaving
the scene of a fatal or personal injury collision, drag racing, reckless
driving, driving while suspended or revoked, fleeing or attempting to elude a
peace officer, or any of the felony offenses listed in Section 6-206(a)28 of
the Code;
4) the petitioner has
driven on the current permit for at least 75% of the length of the permit;
and
5) the petitioner is now
eligible for and requests the continuation of the previously issued
permits.
