reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.440 - Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Documents/Evidence Required. Except as provided in subsection (a)(1), in any
				application for reinstatement, an RDP, or the termination of an order of
				cancellation at a show cause hearing, all petitioners must submit an alcohol
				and drug evaluation and, where required, evidence of successful completion of
				an alcohol and drug-related driver risk education course and/or evidence of
				successful completion of early intervention, treatment or proof of adequate
				rehabilitative progress. These requirements apply to MDDP offenders whose
				permits are cancelled and who apply for an RDP pursuant to IVC Section
				6-206.1(l) and Section
				1001.444(a)
				of this Part.
1) An alcohol and drug
				evaluation and the evidence of successful completion of early intervention or
				treatment submitted by a resident of Illinois must have been conducted by an
				individual or an agency licensed by DSUPR. An alcohol or drug-related driver
				risk education course completed by an Illinois resident must have been provided
				by an individual or agency licensed by DSUPR. (See 77 Ill. Adm. Code
				2060.201.)
				Exceptions to these requirements will be allowed in the following cases:
A) If the petitioner is currently and has
				been temporarily residing outside the State of Illinois, then the updated
				evaluation, early intervention, treatment, and driver risk education course may
				be provided by an individual or agency accredited by the state in which the
				individual or agency operates;
B)
				If the petitioner currently resides in Illinois but received treatment for
				alcohol or drug abuse or dependence from a treatment program located outside
				the State of Illinois that has been appropriately accredited by the state in
				which it operates, then the petitioner may document the successful completion
				of that treatment in the manner provided by subsection (m). However, the
				petitioner's evaluation and driver risk education course must be provided by an
				individual or agency licensed by DSUPR; or
C) If the petitioner successfully completed,
				after the most recent arrest for DUI, a High Risk treatment program provided by
				an individual or agency licensed by DSUPR.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.441 - Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs

Current through Register Vol. 48, No. 28, July 12, 2024
a) BAIID Required
				for RDP; Fee Required
1) The issuance of RDPs
				to a BAIID petitioner shall be conditioned upon the use of a Breath Alcohol
				Ignition Interlock Device (BAIID), as required by IVC Sections 6-205, 6-206
				and/or 11-501.01. As provided in these Sections, a BAIID petitioner must pay a
				non-refundable fee of $30 per month on an annual basis, for a total annual
				payment of $360. This total annual payment must be paid in advance and prior to
				the issuance of any permit. Payment must be submitted in the form of a money
				order, check, or a credit card charge (with a pre-approved card), made payable
				to the Secretary of State.
2) A
				BAIID petitioner who is renewing an RDP and who also is eligible for the
				reinstatement of driving privileges less than 12 months from the date of the
				expiration of the current RDP at the time the petitioner renews the permit
				shall not be required to make an annual payment. If the petitioner has been
				scheduled for a formal hearing on a petition for reinstatement at the time of
				renewal, then petitioner shall pay the above-referenced fee in an amount equal
				to the number of months between the date of renewal and date of the hearing,
				plus an additional 3 months (not to exceed 12 months), times $30. If the
				petitioner does not have a formal hearing on a petition for reinstatement
				scheduled at the time of renewal, then the fee shall be paid for 9 months. If,
				however, the petitioner is denied reinstatement, then the petitioner must
				resume payment on an annual basis.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.443 - Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Ownership Defined. For the purposes of this Section, a person "owns" a vehicle
				when it is registered in the person's name, regardless of whether it is
				registered solely in the person's name or jointly with another person or
				persons, except as follows:
1) When the
				offender is able to demonstrate that the offender's name is on the joint title
				solely for the purpose of allowing a third party to obtain financing to
				purchase the vehicle, and the vehicle is not available for use by the
				offender;
2) A vehicle is not
				considered to be owned by the person when:
A)
				that person owns and operates a business as a sole proprietorship or as a
				partnership with 3 or fewer partners;
B) the business has been in existence for at
				least 2 years prior to the date of the application for an RDP;
C) the person identifies 4 or more vehicles
				registered in the person's name that are used exclusively in the operation of
				the business;
D) the person does
				not operate any of the identified vehicles at any time; and
E) the person is able to provide the name,
				address and driver's license number of the business employees who operate the
				identified vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.450 - New Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Relief Denied. If a petitioner is denied relief after a formal hearing
				conducted pursuant to Subpart A, either for cause (including the failure to
				satisfy the requirements to obtain a restricted driving permit within the time
				allowed) or upon default, another formal hearing will not be held regarding the
				same relief requested at the last hearing until at least 90 calendar days have
				elapsed since the date of the hearing. Furthermore, a request for another
				formal hearing will not be accepted for 30 days from the date of the last
				hearing. A petitioner who is denied relief after a formal hearing must wait 30
				calendar days before presenting himself or herself for an informal hearing on a
				petition for the same relief requested at the formal hearing.
b) Decision Pending. The Department will not
				accept a request for a hearing from a petitioner or a party requesting a
				hearing to contest an action taken by a department of the Secretary of State
				while a decision is pending on a hearing regarding the same issue or
				issues.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.460 - Requests for Modification of Revocations and Suspensions

Current through Register Vol. 48, No. 28, July 12, 2024
a) No Rescission. Revocations and suspensions
				will not be rescinded, except as provided by law or rule. Mandatory revocations
				and suspensions cannot be reduced or modified in any way, except as provided in
				subsections (e) and (g).
b)
				Modification Limited. Suspension periods are set by Department of Driver
				Services rule (see 92 Ill. Adm. Code 1040) to apply equally to all
				persons.
c) Modification Defined;
				Disqualifying Factors. For purposes of this Section, modification means that a
				discretionary revocation may be reduced to a 12 month suspension, a reduction
				in the length of a suspension, or the termination of a suspension on or by a
				specific date, or as soon as the termination can be processed by the Secretary
				of State. The following factors disqualify a petitioner from being considered
				for modification:
1) Prior fatal or Type A
				injury collisions with a disposition (either court supervision or conviction)
				for a citation issued in conjunction with or as a result of the collisions,
				within 2 years prior to the date of the hearing. For purposes of this
				subsection (c)(1), a "Type A Injury" is as defined in IVC Section
				11-501.6(g);
2) A prior suspension
				under the Illinois Safety Responsibility Law [625 ILCS 5 /Ch. 7] within 2 years
				prior to the date of the hearing;
3) A disposition for any moving violations
				within 6 months prior to the date of the hearing;
4) A revocation or suspension of driving
				privileges for any moving violations within 5 years prior to the date of the
				hearing;
5) The record of the
				proceeding contains credible evidence that the petitioner's conduct, for which
				his or her driving privileges are suspended or revoked, resulted in the
				petitioner being charged with a felony.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.465 - Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) 14 Day Notice of
				Cancellation or Denial. The Secretary of State reserves the discretion to enter
				an order cancelling or denying the driving privileges of any person or
				petitioner, pursuant to IVC Sections 6-103, 6-108, 6-207 and/or 6-201(a), if
				the Secretary obtains specific, credible evidence that gives reasonable grounds
				to believe that the person or petitioner presents an imminent threat to the
				public safety and welfare or is a user of alcohol or any other drug to a degree
				that renders the person incapable of safely driving a motor vehicle (see
				Section 6-103.4), or is otherwise not in compliance with the rules of the
				Secretary. The cancellation or denial will be effective 14 days after a letter
				of notification and the Order of Cancellation or Denial is sent to the
				petitioner or person whose driving privileges are being cancelled. The Order of
				Cancellation or Denial will state the grounds for the cancellation and inform
				the petitioner or person of the right to contest the Order.
1) If a petition to contest is received or
				postmarked prior to the effective date of the Order of Cancellation or Denial,
				the cancellation shall be stayed pending the outcome of the hearing to
				contest.
2) If a petition is
				received and filed within 60 days after the effective date of the Order of
				Cancellation or Denial, the cancellation shall remain in effect pending the
				outcome of the hearing.
3) If a
				petition to contest is received more than 60 days after the effective date of
				the Order of Cancellation or Denial, then the Order of Cancellation or Denial
				shall remain in effect and a hearing to contest shall not be granted.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.470 - Renewal, Correction and Cancellation of RDPs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The holder of an RDP that was granted as a
				result of a formal hearing decision, excluding BMO RDPs, if still valid or
				expired for 30 days or less, may apply to renew a RDP through an informal
				hearing, using the procedures set forth in Subpart C and providing all
				documentation required in Subpart D in cases which are alcohol/drug related. To
				avoid any lapse in holding a valid BMO RDP a hearing to renew the BMO RDP,
				either formal or informal, must take place prior to the expiration date of the
				BMO RDP. A BMO RDP may not be renewed at an informal hearing if a monitor
				report indicated there were BAIID violations while driving on the RDP for which
				an explanation was not provided to the BAIID Division that reasonably assured
				the Division that a violation did not occur. A lapse in holding a valid BMO RDP
				shall not result in the restart of the BAIID 1,826 day period, if the BMO
				permittee keeps the BAIID installed, but the BMO permittee must remain on a RDP
				until the petitioner has completed five full years on a BMO RDP.
b) Petitioners who are required to apply for
				relief at a formal hearing, or who choose to apply for relief at a formal
				hearing and who are issued an RDP, may apply for additional RDPs for different
				purposes at informal hearings. Additionally, petitioners who are issued one
				type of RDP but denied another type of RDP at a formal hearing may apply for
				the denied type of RDP at an informal hearing upon a showing of a relevant
				change of circumstances.
c)
				Corrected RDPs will be issued to make necessary changes to the information on
				an RDP if the changes are documented and verified. Corrected RDPs will expire
				on the same date as the original permit.
d) RDPs will be cancelled or invalidated
				pursuant to Sections 6-103, 6-113, 6-201, 6-205(a), and 6-206(a) of the Code.
				The Secretary of State reserves the authority to cancel any restricted driving
				permits previously issued to a petitioner when the preponderance of the
				evidence taken at a subsequent hearing demonstrates that the petitioner can no
				longer be considered a low risk to repeat the past abusive behavior and be a
				safe and responsible driver, has regressed in the recovery from an alcohol/drug
				problem, or otherwise in any way is no longer in compliance with the standards
				specified in this Subpart D.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.480 - Unsatisfied Judgment Suspensions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A hearing is not necessary where the
				judgment has been satisfied, or stayed by court order, or become unenforceable
				under Sections 12-108, 2-1601, and 13-218 of the Code of Civil Procedure [735
				ILCS 5/2-1601, 12 -108, and 12-218]. A certified or file stamped copy of the
				release, stay order, or half-sheet or docket sheet shall be filed with the
				Safety and Financial Responsibility Division of the Department of Driver
				Services, 2701 S. Dirksen Parkway, Springfield, Illinois.
b) If the judgment has not been satisfied or
				stayed by court order, nor become unenforceable, no relief will be granted by
				the Secretary of State's Office.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.485 - Reinstatement Application Based Upon Issuance of Drivers License in a State Which is a Member of the Driver License Compact

Current through Register Vol. 48, No. 28, July 12, 2024
a) A petitioner whose license is revoked in
				Illinois, is issued full driving privileges by a state that is a member of the
				Driver License Compact, and who requests reinstatement based upon that fact
				must request a hearing to apply for reinstatement to determine whether the
				license was properly issued.
b) In
				determining whether the license was properly issued by the member state, the
				following factors shall be in issue:
1)
				whether one year has passed from the effective date of the
				revocation;
2) whether the
				petitioner disclosed to the issuing state that the individual's privileges were
				withdrawn by the State of Illinois at the time of the application for the
				license in the other state;
3)
				whether the issuing state verified eligibility with the National Driver
				Register;
4) whether Illinois
				issued a clearance authorization indicating that the petitioner is eligible for
				full driving privileges in Illinois;
5) whether the issuing state complied with
				all other requirements of the Driver License Compact;
6) such other issues as may be deemed
				relevant at the hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.490 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any portion of this Subpart shall be held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining portions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart E - FORMAL MEDICAL HEARINGS › Section 1001.500 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to all formal hearings conducted
				  pursuant to the Illinois Vehicle Code relating to the cancellation, denial, or
				  restriction of driving privileges of the Petitioner as the result of a
				  determination by the medical review panel as provided in 92 Ill. Adm. Code
				  1030.16.
				  Prior to a determination by a medical review panel, no person shall have a
				  right to a formal medical hearing with the Secretary of
				  State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart E - FORMAL MEDICAL HEARINGS › Section 1001.510 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Board" means the Illinois Medical Advisory Board appointed
				  by the Secretary pursuant to Section 6-902 of the Driver License Medical Review
				  Law of 1992 (625
				  ILCS 5/6-902 ).
"Board Member" means an Illinois Medical Advisory Board
				  member.
"Chairperson" means the chairperson of the Illinois Medical
				  Advisory Board.
"Medical Review Panel" means a panel of three board members
				  selected by the chairperson who, at the request of a Petitioner, review a board
				  member's initial determination regarding the issuance of driving privileges.
				  See 92 Ill. Adm. Code
				  1030.16.
				  This review is required prior to the Petitioner being eligible to apply for a
				  formal medical hearing under this Subpart E.
"Secretary" means the Illinois Secretary of
				  State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart E - FORMAL MEDICAL HEARINGS › Section 1001.520 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings held under this Subpart shall be conducted in
				  accordance with all of the rights, privileges, and procedures as set forth in
				  Subpart A of this Part (92 Ill. Adm. Code 1001.Subpart A), except as otherwise
				  provided for in this Subpart E.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart E - FORMAL MEDICAL HEARINGS › Section 1001.530 - Conduct of Medical Formal Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Due to the confidentiality of the evidence
				involved in these hearings, they are not open to the public and the evidence
				obtained and any order entered shall not be available to the public.
b) These hearings shall be conducted in
				Chicago or Springfield, depending upon the convenience of the hearing committee
				members and the Petitioner.
c) No
				board member shall be subject to depositions, interrogatories, or subpoena. All
				documents used by any board member in making a determination shall be made
				available, however, upon request by the Petitioner, if it is relevant to the
				issues to be decided at the formal medical hearing.
d) No prehearing conference will be allowed
				prior to the date of the hearing.
e) The burden of proof rests with the
				Petitioner to show by clear and convincing evidence that driving privileges
				should be granted.
f) Every hearing
				shall be conducted by a hearing committee which shall consist of:
1) A hearing officer who will preside over
				the hearing and perform the following duties:
A) Inform the Petitioner of the purpose of
				the hearing.
B) Inform the
				Petitioner of the scope of relevant medical issues which were determined by the
				medical review panel.
C) Read into
				the record the entries contained in the Petitioner's driving
				abstract.
D) Rule on motions, the
				admissibility of evidence, and determine all other nonmedical related issues
				pending before the hearing committee.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart E - FORMAL MEDICAL HEARINGS › Section 1001.540 - Subsequent Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
If a petitioner is denied the relief requested at a formal
				  medical hearing, another such hearing will not be granted unless the
				  petitioner's case is again reviewed by the medical review panel after the
				  submission of new evidence.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.600 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The hearings referred to in this Subpart F are conducted
				  pursuant to Section 2-118 of the Illinois Vehicle Code, the authority granted
				  to the Secretary of State in Section 11-501.8(e) of the Code, and this
				  Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.610 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All of the definitions contained in Subparts A, C, and D
				  shall apply where applicable.
"Drugs" means drugs as defined in Section 3 of the Pharmacy
				  Practice Act of 1987 [225
				  ILCS 85/3 ].
"Independent source" means a parent, legal guardian, person
				  in loco parentis, spouse, roommate of the petitioner, or member of the clergy
				  or the religious organization in question, all of whom must have firsthand
				  knowledge of the matters verified.
"Medical or pharmacological expert" means a person licensed
				  under the Medical Practice Act of 1987 [225 ILCS 60 ], or similar law of
				  another jurisdiction, to practice medicine in all of its branches, or a person
				  licensed under Section 3 of the Pharmacy Practice Act of 1987 [225 ILCS 85/3],
				  or similar law of another jurisdiction, or any laboratory certified by the
				  Illinois Department of Public Health pursuant to 77 Ill. Adm. Code
				  510.120, or
				  any person certified by either the American Board of Forensic Toxicology or the
				  American Board of Toxicology.
"Medicine" means and includes all drugs intended for human
				  use approved by the United States Food and Drug Administration.
"Recommended dosage" means the strength, quantity and
				  frequency of use of the medicine as recommended by a medical or pharmacological
				  expert, or as set forth by the label directions or other packaging information
				  for over-the-counter medicines.
"Religious service or ceremony" means the coming together of
				  a group of persons with the same or similar religious beliefs for the purpose
				  of exercising those beliefs.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.620 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The petitioner carries the burden of proof at all proceedings
				  brought pursuant to Section 11-501.8 of the Code. The standard of proof is by
				  the preponderance of the evidence, except as set forth in Section
				  1001.650
				  of this Subpart F. The petitioner must carry this burden of proof on each and
				  every issue contested at the implied consent hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.630 - Implied Consent Hearings; Religious Exception

Current through Register Vol. 48, No. 28, July 12, 2024
A petitioner who asserts that his/her alcohol concentration
				  of more than 0.00 was the result of his/her consumption of alcohol in the
				  performance of a religious service or ceremony must prove at a minimum:
a) the attendance of, and the petitioner's
				use of alcohol at, a religious service or ceremony within a reasonably recent
				period of time before the issuance of the traffic citation which led to the
				request to submit to the chemical test; the type and amount of alcohol consumed
				by the petitioner at the religious service or ceremony; the time and location
				of the service or ceremony; and whether the petitioner consumed any other
				alcohol prior to or after the religious service or ceremony. The evidence on
				these matters must be submitted in the form of written verification or
				testimony from at least two (2) independent sources. The petitioner's
				self-report will not be considered dispositive; and
b) that alcohol is used in the regular course
				of the type of religious service or ceremony attended by the petitioner; the
				purpose of the alcohol in the religious ritual; the type and amount of alcohol
				regularly used at said service or ceremony.
The evidence on these matters must be submitted in the form
				  of written verification or testimony from a member of the clergy or the
				  governing body of the religious denomination whose service or ceremony the
				  petitioner claims he/she had attended before the issuance of the traffic
				  citation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.640 - Implied Consent Hearings; Medical Exception

Current through Register Vol. 48, No. 28, July 12, 2024
a) A petitioner who asserts that his/her
				alcohol concentration of more than 0.00 was the result of his/her ingestion of
				medicine that contained alcohol which was prescribed or recommended by a person
				licensed to prescribe or distribute medications must prove at a minimum:
1) that the medicine was ingested within a
				reasonably recent period of time before the issuance of the traffic citation
				which led to the request to submit to the chemical test and that the medicine
				was ingested according to the prescribed or recommended dosage. The evidence on
				these matters may be submitted in the form of the petitioner's self-report.
				However, if the medicine was prescribed or recommended to be ingested over an
				extended period of time, in other words, for more than two (2) days, then the
				evidence of the petitioner's ingestion of the medicine must be submitted in the
				form of written verification or testimony from at least one (1) independent
				source; and
2) that the medicine
				ingested by the petitioner was prescribed or recommended by a person properly
				licensed to prescribe medications; that the medicine was prescribed or
				recommended to the petitioner; that the medicine was prescribed or recommended
				to the petitioner at the time of the issuance of the traffic citation which led
				to the request to submit to the chemical test; the prescribed or recommended
				dosage for the petitioner; the alcohol content of the dosage; and the duration
				of the prescription and/or the time frame within which the medicine was
				prescribed or recommended. The evidence on these matters must be submitted in
				the form of written verification or testimony from the person who prescribed or
				recommended the medicine to the petitioner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.650 - Rebuttable Presumption

Current through Register Vol. 48, No. 28, July 12, 2024
a) It
				is presumed that any petitioner who registers a BAC which is 0.02 or more, at
				the time of the arrest in question, will not be considered as an exception
				under paragraph (e) of Section 11-501.8 of the Code. Any petitioner who claims
				the religious or medical exception under these circumstances must rebut the
				presumption with clear and convincing evidence.
b) Such evidence shall include, but not be
				limited to, the following:
1) the evidentiary
				requirements of Sections
				1001.630
				and
				1001.640
				of this Subpart F; and
2) written
				verification or testimony from a medical or pharmacological expert which must
				include, at a minimum, the following information:
A) what, if any, alcohol concentration the
				alcohol, used in a religious ceremony, or medicine, taken in its prescribed or
				recommended dosage, would produce in the petitioner's blood or breath within
				the time frame of first ingestion to the time of the taking of the BAC test,
				given the petitioner's body weight at the time of the issuance of the traffic
				citation; and
B) given the BAC
				reading of the petitioner following the arrest in question, what dosage or
				amount of alcohol/medicine would have to be ingested by the petitioner to
				achieve such a reading; and
C) how
				the expert determined or formulated the above opinions, i.e., what formulae,
				treatises, or other sources were used.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.660 - Alcohol and Drug Education and Awareness Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to consideration of the issuance of
				an RDP, any one whose driving privileges and driver's license are suspended
				under IVC Section 11-501.8 must complete the Secretary of State alcohol/drug
				education awareness program (program), and successfully complete a
				questionnaire prepared by the Secretary of State.
b) The program content will be set out in a
				Secretary of State publication (publication) which shall include, but not be
				limited to, information regarding the following areas:
1) The Zero Tolerance law and its effect upon
				driving privileges;
2) The DUI law
				and its effect upon driving privileges;
3) Other laws relating to the use/possession
				of alcohol by those under the age of 21;
4) Alcohol as a drug;
5) Effects of alcohol and drugs on drivers,
				with emphasis on the youthful driver;
6) Social processes that influence
				drinking;
7) Physiological and
				pharmacological effects of alcohol and other drugs including their residual
				impairment on normal levels of driving performance;
8) Statistics regarding crashes involving
				alcohol/drugs;
9) Prevention of
				alcohol/drug related problems;
10)
				Other areas deemed appropriate.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.670 - Petitions for Restricted Driving Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investigative Evaluation Required.
				Notwithstanding other provisions of this Part, petitioners who apply for an RDP
				pursuant to IVC Section 11-501.8(e) of the Code must submit to an investigative
				alcohol/drug evaluation, as defined in Section
				1001.410 of this
				Part, as part of the Secretary's investigative process, when the evidence shows
				that:
1) the petitioner, on any occasion,
				submitted to a chemical test or preliminary breath test and registered an
				alcohol concentration between 0.04 and 0.08, or failed a test for the presence
				of other drugs; or
2) the
				petitioner may be a user of alcohol or any other drug to a degree which renders
				him/her incapable of safely driving a motor vehicle (see IVC Section 6-103.4);
				or
3) the petitioner has multiple
				zero tolerance suspensions on his or her driving record (regardless of whether
				the petitioner took or refused the tests); or
4) the petitioner has a previous DUI
				disposition on his or her driving record, including one reported by the
				PDPS.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.680 - Form and Location of Hearings

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart F - ZERO TOLERANCE SUSPENSION OF DRIVING PRIVILEGES; PERSONS UNDER THE AGE OF 21 YEARS; IMPLIED CONSENT HEARINGS; RESTRICTED DRIVING PERMITS › Section 1001.690 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Subpart is held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining portions hereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.700 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to the organization and implementation
				  of the Motor Vehicle Review Board and to any hearing conducted pursuant to
				  Section 12 of the Motor Vehicle Franchise Act, hereinafter referred to as the
				  Act (815 ILCS 710 ). The Secretary shall act as the repository for all
				  documents and records and as the clerk for the filing of all documents
				  necessary for the hearing process involving the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.710 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Motor Vehicle Franchise Act [815 ILCS
				  710 ].
"Board" means the Motor Vehicle Review Board.
"Complainant" means the dealer/franchise requesting the
				  hearing.
"Days" means, unless otherwise stated, calendar days when
				  referring to a filing deadline.
"Manufacturer/distributor" means any person who
				  manufacturers, assembles, distributes, or sells at wholesale under a franchise
				  agreement five or more new motor vehicles within Illinois during the calendar
				  year.
"Monitor" means a Board member, including the Chairperson,
				  assigned to a specific case by the Chairperson for the purpose of reviewing all
				  matters relevant to that case and making a recommendation to the Board as to
				  the final disposition of the case.
"Motor vehicle" means any motor driven vehicle
				  required to be registered under "The Illinois Vehicle Code". Beginning January
				  1, 2010, the term "motor vehicle" also includes any engine, transmission, or
				  rear axle, regardless of whether it is attached to a vehicle chassis, that is
				  manufactured for installation in any motor-driven vehicle with a gross vehicle
				  weight rating of more than 16,000 pounds that is required to be registered
				  under the Illinois Vehicle Code.
[815 ILCS
				  710/2(a) ].
"Party" means the Complainant or Respondent.
"Respondent" means the manufacturer/distributor allegedly
				  violating the Act.
"Secretary" means the Secretary of State or the Secretary's
				  duly appointed designee.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.720 - Organization of Motor Vehicle Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chairperson shall be the contact
				person with the administrative personnel of the Secretary in order to implement
				the provisions of the Act. The Chairperson may delegate the duties of the Board
				to the remaining members.
b) The
				selection by the Board of a Chairperson shall be done with the advice and
				consent of the Secretary.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.730 - Motor Vehicle Review Board Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The annual meeting of the Board shall be
				held at a Secretary of State office or facility in either Chicago or
				Springfield as determined by the Chairperson. In addition to those
				responsibilities set forth in the Act, the following shall be accomplished at
				the annual meeting, but not limited thereto:
1) Formally adopt this Subpart G as its
				regulations for the holding and conducting of hearings concerning all matters
				within its powers;
2) Determine the
				members duties and responsibilities where practical;
3) Set or adopt a previously set tentative
				schedule of meetings for the year;
4) Set out concerns and or needs to be
				addressed by the Secretary to help implement the Act, including a review of the
				administrative rules adopted and any suggested amendments thereto;
5) Suggest to the Secretary in writing
				legislative changes to the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.740 - Board Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Annual compensation for Board members shall be as follows:
1) The Chairperson: $25,000;
2) The remaining members: $20,000.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.750 - Notice of Protest

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Notice of Protest from a complainant must be in writing and contain at a
				minimum the following information:
1) Name,
				address, and dealer license number of the complainant;
2) Name and address of the
				respondent;
3) Name and address of
				any other dealer/franchise involved;
4) The Sections of the Act allegedly
				violated;
5) A brief description of
				the facts supporting the complainant's position;
6) A copy of any documents received from the
				respondent and any documents sent by the complainant to the respondent or other
				dealer/franchise involved in the protest;
7) The date notified in writing by the
				manufacturer of the proposed action; and
8) The date of the most recent franchise or
				service agreement between the dealer and the manufacturer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.770 - Conduct of Protest Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				These hearings shall be held in Chicago or Springfield at a location determined
				by the Secretary, taking into consideration the location and/or request of the
				complainant.
b) The hearing officer
				does not represent any party at the proceeding, but merely facilitates the
				hearing by presiding over it and performing the following duties in addition to
				those set forth in the Act:
1) Inform the
				parties of the relevant issues to be decided;
2) Rule on motions, the admissibility of
				evidence and all other legal issues raised;
3) Prepare a proposed decision and submit it
				to the Chairperson and have the Secretary serve it upon the parties to the
				proceeding.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.780 - Mandatory Settlement Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing officer assigned to the case
				may order a mandatory settlement conference (conference) if it is felt that
				such a conference would promote any of the following:
1) A clarification of issues and/or
				violations;
2) A settlement of the
				matter without a hearing;
3) What
				each party expects from the hearing process and would settle for without a
				hearing;
4) If a hearing is
				necessary, an estimate of the length of the hearing, the number of witnesses
				and volume of documentation, and an estimate of the hearing costs to be
				assessed to the parties.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.785 - Technical Issues

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a notice of protest involves a violation of Section 4(e)(8) of the Act in which
				a mileage determination is relevant, that determination shall be made by the
				submission of a land survey performed and certified by a Illinois professional
				land surveyor. The survey shall measure from a point at the current location
				that is the closest point to the relocation site to a point at the relocation
				site that is the furthest from the current location. This measurement shall be
				a straight line as the crow flies, not the most direct route by vehicle. Each
				party may submit such a survey or may agree upon one surveyor whose
				determination shall govern. If the parties each submit a survey showing
				different results, the hearing officer shall have a survey completed by a
				surveyor approved by the Secretary which shall govern, the cost of which shall
				be paid by the parties.
b) In
				Section 4(e)(8)(C) of the Act, further away from the nearest dealer of the same
				line make shall mean that the new proposed dealer location is further from the
				nearest dealer of the same line make when measured from the new location to its
				nearest dealer of the same line make as compared to a measurement from the
				original dealer location to its nearest dealer of the same line make. The
				measurement shall be made as described in subsection (a) above.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.790 - Hearing Expenses, Fees, and Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Expenses assessed against each party to
				the hearing provided in Section 30 of the Act shall include, but not be limited
				to, the following:
1) A $250 processing
				fee;
2) A refundable $2,500 hearing
				deposit;
3) Any hearing officer
				expense incurred, regardless of whether a hearing or mandatory settlement
				conference is held or the case is dismissed by agreement of the parties or
				order of the Board;
4) Any other
				expenses incurred by the Board or the Secretary after the filing of a Notice of
				Protest directly relating to that particular case, regardless of whether a
				hearing or mandatory settlement conference is held or the case is dismissed by
				agreement of the parties or order of the Board.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.795 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any portion of this Subpart shall be held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining portions hereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart H - MISCELLANEOUS › Section 1001.800 - Extension of Hearing Dates

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pursuant to the power vested in him or her by Section 2-104(b) of the Motor
				Vehicle Code and Gubernatorial Executive Order number 2020-08 and subsequent
				Executive Orders that extend the effectiveness of Executive Order 2020-08, the
				Secretary of State extends the time periods for conducting hearings and for
				issuing orders pursuant to Section 2-118(a) of the Illinois Vehicle Code as
				follows:
1) For all hearings that were held
				on or before March 9, 2020, but for which final orders have not been entered as
				of June 1, 2020, final orders shall be entered on or before October 1,
				2020.
2) For all hearing requests
				received on or before June 1, 2020, but for which no hearing has been held as
				of June 1, 2020, a hearing shall be held not later than October 1, 2020, and
				final orders for those hearings shall be entered not later than 120 days after
				the date of the hearing.
3) For all
				hearing requests received after June 1, 2020, but before July 1, 2020, a
				hearing shall be held within 120 days after the date on which the request was
				received, and final orders for those hearings shall be entered not later than
				120 days after the date of the hearing.