Current through Register Vol. 48, No. 38, September 20, 2024
a) Formal Hearing Required to Contest
Suspension. The implied consent hearings conducted pursuant to Section 11-501.8
of the Code (to contest the suspension) shall be conducted as formal hearings
pursuant to Subpart A of this Part.
1) A
request for an implied consent hearing conducted pursuant to Section 11-501.8
must be sent to one of the following four (4) locations:
A) Office of the Secretary of State, Dept. of
Administrative Hearings, 17 North State Street, Suite 1200, Chicago, Illinois
60602, 312/793-3722.
B) Office of
the Secretary of State, Dept. of Administrative Hearings, 54 North Ottawa
Street, Joliet, Illinois 60432, 815/740-7171.
C) Office of the Secretary of State, Dept. of
Administrative Hearings, Michael J. Howlett Bldg., Rm. 207, Springfield,
Illinois 62756, 217/524-0124.
D)
Office of the Secretary of State, Dept. of Administrative Hearings, 218 South
12th Street, Mount Vernon, Illinois 62864, 618/242-8986.
2) The request must be in writing, preferably
on a form supplied by the Secretary. In any event, it must contain, at a
minimum, the petitioner's name, address, driver's license number, which of the
above four locations would be preferred by the petitioner, and specify which
issues the petitioner will raise at the hearing.
3) The hearing shall be held at a location
designated by the Department. The factors that will be considered are, but not
limited to: the venue of the citation issued; the location preferred by the
petitioner; the location of the witnesses, including the police officer who
issued the citation which led to the request to submit to the chemical test and
the police officer who administered the test; the availability of a hearing
location.
b) Petitions
for Restricted Driving Permits. The hearings on petitions for restricted
driving permits conducted pursuant to Section 11-501.8 of the Code may be
conducted as formal hearings, pursuant to Subpart A of this Part, or as
informal hearings, pursuant to Subpart C of this Part, according to the
preference of the petitioner.
1) Petitioners
are encouraged, however, to begin the hearing process with an informal
hearing.
2) If the petitioner
requests a formal hearing to obtain a restricted driving permit, said formal
hearing shall be held at one of the four locations set forth in subsection
(a)(1) of this Section as designated by the petitioner.
3) Such a hearing may only be held within 45
days after the date that the Secretary may issue a permit as provided in
Section 6-208.2 of the Code.
4)
Every petitioner is required to bring a copy of his/her sworn report evidencing
the suspension to any informal hearing.
c) Hearings Conducted Separately. The implied
consent hearings will be conducted separately from the hearings for restricted
driving permits.
