625 ILCS 5/2-118
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 2 - The Secretary Of State

 (from Ch. 95 1/2, par. 2-118)Sec. 2-118. Hearings.(a) Upon the suspension, revocation or denial of  the issuance of a license, permit, registration or certificate of title  under this Code of any person the Secretary of State shall immediately  notify such person in writing and upon his written request shall, within 20  days after receipt thereof, set a date for a hearing to commence within 90  calendar days from the date of the written request for all requests related to  a suspension, revocation, or the denial of the issuance of a license, permit,  registration, or certificate of title occurring after July 1, 2002, in the  County of  Sangamon, the County of Jefferson, or the County of Cook, as such  person may specify, unless both  parties agree that such hearing may be held in some other county.  The Secretary may require the payment of a fee of not more than $50 for the  filing of any petition, motion, or request for hearing conducted pursuant to  this Section. These fees must be deposited into the Secretary of State DUI  Administration Fund, a special fund created in the State treasury, and, subject  to appropriation and as directed by the Secretary of State, shall be used for  operation of the Department of Administrative Hearings of the Office of the  Secretary of  State  and for no other purpose. The  Secretary shall establish by rule the amount and the procedures, terms, and  conditions relating to these fees.(b) At any time after the suspension, revocation or denial of a license,  permit, registration or certificate of title of any person as  hereinbefore referred to, the Secretary of State, in his or her discretion  and  without the necessity of a request by such person, may hold such a hearing,  upon not less than 10 days' notice in writing, in the Counties of Sangamon,  Jefferson,  or Cook or in any other county agreed to by the parties.(c) Upon any such hearing, the Secretary of State, or his authorized  agent may administer oaths and issue subpoenas for the attendance of  witnesses and the production of relevant books and records and may require  an examination of such person. Upon any such hearing, the Secretary of  State shall either rescind or, good cause appearing therefor, continue,  change or extend the Order of Revocation or Suspension, or upon petition  therefore and subject to the provisions of this Code, issue a restricted  driving permit or reinstate the license or permit of such person.(d) All hearings and hearing procedures shall comply with requirements  of the Constitution, so that no person is deprived of due process of law  nor denied equal protection of the laws. All hearings shall be held before  the Secretary of State or before such persons as may be designated by the  Secretary of State and appropriate records of such hearings shall be kept.  Where a transcript of the hearing is taken, the person requesting the  hearing shall have the opportunity to order a copy thereof at his  own  expense.  The Secretary of State shall enter an order upon any hearing conducted  under this Section, related to a suspension, revocation, or the denial of  the issuance of a license, permit, registration, or certificate of title  occurring after July 1, 2002, within 90 days of its conclusion and shall  immediately notify the person in writing of his or her action.(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports.  Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing.  The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate.  The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension.  Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate.  The decision whether to rescind shall be based upon the totality of the evidence.(e) The action of the  Secretary of State in suspending, revoking or denying any license, permit,  registration, or certificate of title shall be subject to judicial review  in the  Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,  or in the Circuit Court of Cook County, and the  provisions of the Administrative Review Law, and all amendments and  modifications thereto, and the rules adopted pursuant thereto, are hereby  adopted and shall apply to and govern every action for the judicial review of  final acts or decisions of the Secretary of State hereunder.  (Source: P.A. 99-697, eff. 7-29-16.)