reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.41 - Voter Registration at Driver Services Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of State shall adopt the
			 following definitions for the terms listed as follows:
"Department" - Driver Services Department within the Office of
				the Secretary of State.
"Driver Services Facility" or "Facility" - offices located
				throughout Illinois for the purpose of issuing driver's licenses and providing
				to the public other necessary services connected with the Secretary of State's
				Office.
"Secretary of State" - The Secretary of State of
				Illinois.
b) Pursuant to
			 Section 1A-25 of the Election Code, theDepartment shall make Driver Services
			 Facilitiesavailable for use as places of accepting applications for voter
			 registration. [625 ILCS
			 5/2-105(c) ]
c) With the exception of applicants for
			 Temporary Visitor's Driver's Licenses issued pursuant to Section 6-105.1 of the
			 Vehicle Code, each person applying at a driver services facility for a driver's
			 license or permit, a corrected driver's license or permit, an Illinois
			 identification card or a corrected Illinois identification card shall be
			 notified that the person may apply to register to vote at that facility and may
			 also apply to transfer his or her voter registration at the facility to a
			 different address in the State. The notification may be made in writing or
			 verbally, issued by an employee of the Secretary of State. [
			 625 ILCS
			 5/2-105(e) ]
d) Facilities shall be available as places of
			 accepting applications for voter registration during all hours the facility is
			 open for business.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.50 - Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of
			 State shall prescribe, and print or purchase as necessary, all suitable forms
			 and applications, certifications of title, registration cards, drivers licenses
			 and permits and any and all other forms necessary to administer the
			 I.V.C.
b) Supplies of such forms
			 shall be distributed as necessary to enable residents of the State of Illinois
			 to comply with the I.V.C. and 92 Ill. Adm. Code: Chapter II.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.60 - Certification of Copies of Records

Current through Register Vol. 48, No. 28, July 12, 2024
Certified copies of records of the Office of Secretary of State
				resulting from the administration of the I.V.C., shall be prepared in the
				Department of the Office of the Secretary of State having the original document
				or record, and the seal of the Secretary of State shall be affixed by the
				appropriate Department or the Secretary, pursuant to law.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1000 - GENERAL RULES, DEFINITIONS › Section 1000.70 - Department of Police

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 investigators authorized pursuant to Section 2-115 of the Illinois Vehicle Code
			 [625 ILCS 5/2-115 ]
			 shall be appointed by the Secretary and organized into the Department of
			 Police.
b) The Department of
			 Police, which is headquartered in Springfield, Illinois, shall have District
			 headquarters throughout Illinois to enable the Department to best distribute
			 its supervisory responsibilities and work load.
c) The employees of the Department of Police
			 shall be subject to the Secretary of State Merit Employment Code [15 ILCS 310
			 ]; the Office of the Secretary of State's rules entitled Department of
			 Personnel (80 Ill. Adm. Code 420) and the Department of Police General Orders.
			 When there is conflict between the policies of the Office and the General
			 Orders of Police, the Office policies shall prevail.
d) Sworn personnel
1) Sworn personnel shall mean the peace
			 officers within the Department of Police.
2) The grades of sworn personnel, from lowest
			 to highest, shall be Investigator Trainee, Investigator, Investigator Sergeant,
			 Investigator Lieutenant, and Investigator Commander. Position descriptions for
			 these employees shall be established by the Department of Personnel in
			 accordance with Section 10a of the Secretary of State Merit Employment Code and
			 80 Ill. Adm. Code
			 420.210.
3) New sworn personnel shall be hired in
			 accordance with Section 10b of the Secretary of State Merit Employment Code and
			 shall be required to successfully complete certain terms and conditions under
			 the Secretary of State Merit Employment Code that include, but are not limited
			 to, the following:
A) An examination for
			 Investigators or Investigator Trainees as prescribed by the Director of
			 Personnel, Office of the Secretary of State.
B) A physical ability test, consistent with
			 the physical ability standards set forth by the Illinois Law Enforcement
			 Training and Standards Board (20 Ill. Adm. Code
			 1720.20.
			 Appendix A) prior to the entrance into any of the Illinois certified basic
			 police academies.
C) A background
			 investigation conducted by the Department of Police to determine if the
			 applicant has any criminal convictions and to verify that all information
			 contained in the applicant's application is true and accurate.
D) A medical and a psychological examination
			 using standard criteria.
4) Application and Testing Procedures for
			 Investigator Sergeants. Any applicant for the position of Investigator Sergeant
			 must complete or successfully pass the following application procedure:
A) The filing of the standard personnel
			 application form with the Department of Personnel with a copy to the Department
			 of Police.
B) An examination for
			 Investigator Sergeant as prescribed by the Director of Personnel, Office of the
			 Secretary of State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.10 - 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 under the jurisdiction of the Office by
				  the Department, except for hearings conducted pursuant to Chapter 7 of the
				  Illinois Vehicle Code [625 ILCS 5 /Ch. 7].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Code" means the Illinois Vehicle Code [625 ILCS 5 ].
"Contested case" means any adjudicatory proceeding conducted
				  by the Office in which the legal rights, privileges, immunities, duties, or
				  obligations of any person or party are required by law or regulation to be
				  determined by the Secretary of State after an opportunity for a hearing.
"Continue a hearing" means to re-schedule a hearing to
				  another date certain.
"Department" means the Department of Administrative Hearings
				  of the Office of the Secretary of State of Illinois.
"Director" means the Director or Acting Director of the
				  Department.
"Formal Hearing" means any hearing authorized to be held in
				  the Department by the Illinois Motor Vehicle Code or any and all other
				  applicable statutes at any time in force in the State of Illinois.
"Hearing Officer" means any person designated by the
				  Secretary of State to preside at any hearing conducted pursuant to this
				  Subpart.
"Office" refers to the Office of the Secretary of State and
				  not to any particular Department, address, or location.
"Order of Default" means an Order entered by the Department
				  which denies all relief because a petitioner fails to appear for a hearing at
				  the time, date and place specified in the Notice of Hearing or Notice of a
				  continued hearing date without prior notification to the Department of his/her
				  inability to appear.
"Party" means any person named or admitted as a participant
				  in any hearing conducted pursuant to this Subpart, including the Office and
				  Department.
"Person" includes any individual, corporation, partnership,
				  association, or firm legally capable of either seeking the action of the Office
				  or being the subject of the action.
"Petitioner" is the party who by written request seeks or
				  applies for any relief from the Office under the provisions of the Illinois
				  Vehicle Code, or otherwise from any rule, regulation, order, or determination
				  of the Office.
"Respondent" means a person against whom a complaint or
				  petition is filed, or who, by reason of interest in the subject matter of a
				  petition or application or the relief sought therein, is made a respondent or
				  to whom an order or complaint is directed by the Department initiating a
				  proceeding.
"Secretary" means the Illinois Secretary of State.
"Withdraw from a hearing" means to terminate a hearing upon
				  the motion or at the request of the petitioner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.30 - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Attorneys Must be Licensed; 711 Students. Any party may appear and be heard
				through an attorney at law licensed to practice in the State of Illinois, or
				any law student licensed under Supreme Court Rule 711, in any hearing in any
				matter involving the exercise of legal skill or knowledge. (S. Ct. Rule
				711)
b) Pro Hac Vice. Attorneys
				admitted to practice in states other than the State of Illinois may appear and
				be heard in a specific hearing, upon the attorney's verbal representations or
				written documentation as to the attorney's admittance, by special leave of the
				Director of the Department or the Director's designee, pursuant to an Order pro
				hac vice, as authorized by Supreme Court Rule 707 and the Illinois Rules of
				Professional Conduct Rule 5.5, effective January 1, 2010.
c) Pro Se. A natural person may appear and be
				heard on his or her own behalf.
d)
				Corporations, Limited Liability Companies, and Partnerships. A corporation,
				association, limited liability company or partnership must appear by legal
				counsel, licensed to practice in the State of Illinois or appearing pro hac
				vice.
e) The standard of conduct
				shall be the same as before the Courts of Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.40 - Appearance of Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
An attorney appearing in a representative capacity shall file
				  a written notice of appearance with the Department of Administrative Hearings
				  office where the formal hearing is requested or pending, identifying himself or
				  herself by name, address, electronic mail address, website, facsimile number,
				  telephone number, and Supreme Court registration number, and identifying the
				  party represented.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.50 - Special Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to filing any other pleading or motion, a special
				  appearance may be made either in person or by an attorney for the limited
				  purpose of objecting to jurisdiction. Every appearance not expressly designated
				  a special appearance shall be deemed to be a general appearance. If the reasons
				  for objecting to jurisdiction are not apparent from the papers on file in the
				  proceeding, the special appearance shall be supported by affidavit setting
				  forth the reasons. In ruling upon any objection at any hearing, the hearing
				  officer may consider all matters apparent from the papers on file, affidavits
				  submitted by any party, and any other evidence adduced upon disputed issues of
				  fact. No determination of any issue of fact in connection with the objection is
				  a determination of the merits of the case or any aspect thereof. A ruling
				  adverse to the movant does not preclude the making of any motion or defense
				  which might otherwise have been made. If the hearing officer sustains the
				  objection, an appropriate ruling shall be entered of record. Error in ruling
				  against the objection is not waived by the objector's taking part in further
				  proceedings in the matter.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.60 - Substitution of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing officer shall, upon motion, when proper in cases in
				  which a party has died, resigned, been moved or otherwise succeeded to the
				  interest of a previously named party rule on a request for the substitution of
				  parties.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.70 - Commencement of Actions; Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petition; Notice of Hearing
1) A contested case is commenced by the
				Office, either after the written request of the petitioner or on the Office's
				initiative, by service of a Notice of Hearing in accordance with Section 2-114,
				within the time limitation contained in Sections 2-118(a) and (b) and
				3-402.B(7)(a) and (b), as applicable, of the Illinois Vehicle Code [625 ILCS
				5/2-114, 2 -218(a) and (b), and 3-402.B(7)(a) and (b)] upon the respondent. By
				"written request" it is meant that the petitioner may send the Office a
				petition via facsimile, electronic transmission, or regular mail. The Notice of
				Hearing may be sent by electronic transmission, if the petitioner agrees to
				receiving the Notice of Hearing and Decision and/or Order via electronic
				transmission.
2) Any petition for
				reinstatement of driving privileges will also be considered a petition for a
				restricted driving permit, unless the petitioner specifically waives any
				consideration for alternative relief.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.80 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form of Motions.
				All motions shall be made in writing and shall set forth the relief or order
				sought and shall be filed with the Department at the earliest time to be
				considered by the hearing officer. Motions may be hand delivered or sent by
				regular mail, by courier, or by facsimile transmission, must be sent to the
				hearing location designated in the notice of hearing, and are considered
				received on the date that they are file-stamped by Department personnel.
				Motions based on matter that does not appear of record shall be supported by
				affidavit. Motions may be presented by a party to obtain appropriate relief,
				such as to dismiss the proceedings, to add necessary parties, or to extend time
				for compliance of an order.
b)
				Motions to Correct or Reconsider. The Department will not consider motions to
				correct a material misstatement of fact or to reconsider a decision made or
				Order entered in a formal hearing. The proper avenue of relief is to file a
				complaint under the Administrative Review Law. The petitioner may also file
				another petition for driving relief pursuant to Section
				1001.450.
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

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.110 - Orders; Notification; Time Limits on Obtaining Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall prepare a written
				order for all final determinations, which shall include the Findings of Fact,
				Conclusions of Law, Recommendations of the hearing officer, and the Order of
				the Secretary.
b) The hearing
				officer shall prepare the Findings of Fact, Conclusions of Law, and
				Recommendations to the Secretary. The Findings of Fact and Conclusions of Law
				must be stated separately.
c) The
				Order of the Secretary of State shall be the decision of the Office upon the
				application for relief.
d) The
				Department shall notify all parties or their agents personally, by facsimile,
				regular mail or electronic transmission, of the Findings of Fact, Conclusions
				of Law, Recommendations, and the Order within the statutory time limit
				specified in Section 2-118 of the Code. If it is the Order of the Secretary of
				State to grant driving relief, then the Department will also provide
				instructions on what steps the petitioner must take (such as, but not limited
				to, filing high-risk insurance, the payment of fees, taking driving tests,
				etc.) in order to obtain the relief. The failure to follow and complete these
				instructions will result in the denial of driving relief.
1) Petitioners who are granted a restricted
				driving permit must complete the requirements for obtaining the permit within
				120 days after the date of the Secretary's Order. The Department reserves the
				discretion to extend this deadline in order to allow a petitioner to achieve
				compliance, when it is apparent that the petitioner is making a good faith
				effort or the petitioner demonstrates that the petitioner has experienced a
				change in circumstances that requires the provision of additional information
				(such as, but not limited to, a change in employment).
2) Petitioners who are granted the
				reinstatement of driving privileges must complete the requirements for
				effecting reinstatement within 18 months after the date of the Secretary's
				Order.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.120 - Record of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				record of the hearing in a contested case shall include:
1) All pleadings (including all pre-hearing
				and post-hearing notices and responses thereto, admissions, stipulations of
				facts, motions, and rulings thereon);
2) All documentary evidence;
3) A statement of matters officially
				noticed;
4) A transcript of the
				proceedings;
5) The Findings of
				Fact, Conclusions of Law, and Recommendations of the hearing officer;
6) The Order of the Secretary of State, which
				shall constitute a final administrative decision within the provisions of the
				Illinois Administrative Review Law, [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.130 - 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 B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.200 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to administrative hearings conducted
				  by the Secretary of State pursuant to the provisions of Chapter 7 of the
				  Illinois Vehicle Code, entitled Illinois Safety Responsibility Law [625 ILCS 5
				  /Ch. 7].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.210 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Administrative hearing" means a proceeding in which the
				  legal rights, duties, and privileges of a petitioner are determined by the
				  Secretary as required by the Safety Responsibility Law.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5
				  ].
"Continue a hearing" means to re-schedule a hearing to
				  another date certain.
"Department" means the Department of Transportation, State of
				  Illinois.
"Hearing officer" means the person appointed by the Secretary
				  to conduct an administrative hearing held pursuant to this Subpart.
"Interested party" means an insured person, claimant, or
				  parties suffering property damages and/or personal injuries who is not the
				  petitioner.
"Order of Default" means an Order entered by the Department
				  which denies all relief because a petitioner fails to appear for a hearing at
				  the time, date and place specified in the Notice of Hearing or Notice of a
				  continued hearing date without prior notification to the Department of his/her
				  inability to appear.
"Party" means any petitioner or interested party.
"Person" means every natural person, firm, co-partnership,
				  association, or corporation.
"Petitioner" means any person who could be or is being
				  afforded a hearing pursuant to this Subpart and who is the only party as
				  defined in Sections 7-201 and 7-202 of the Code, as being subject to the
				  Illinois Safety Responsibility Law.
"Secretary" means the Secretary of State, State of Illinois,
				  through the Department of Administrative Hearings.
"Withdraw from a hearing" means to retract one's petition to
				  contest the preliminary finding that a reasonable possibility of a civil
				  judgement exists against that petitioner, upon the motion or at the request of
				  the petitioner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.220 - Hearings: Notice; Location; Procedures; Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of Suspension; Right to a Hearing.
				Any petitioner who receives a Notice of Suspension in a safety responsibility
				case may contest the suspension by submitting a written request for a hearing
				pursuant to Section 7-205 of the Code. Any request for hearing postmarked
				within 15 days after the mailing date of the Notice of Suspension will stay the
				effective date of the safety responsibility suspension pending the outcome of
				the hearing. Hearing requests received after the 15 day period will be granted;
				however, the suspension will not be stayed or removed pending the hearing.
				"Written request" means that the petitioner may send the Office a petition via
				facsimile, electronic transmission, or regular mail.
b) Filing Fee
1) A petition for a hearing to contest a
				suspension will not be accepted for filing unless it is accompanied by a fee of
				$50, as provided in Section 2-118 of the Illinois Vehicle Code. This filing fee
				must be submitted by each party who wishes to be made a petitioner in the
				proceeding, in the form of a money order, a cashier's or certified check, a
				check drawn on the account of an attorney of record or an attorney professional
				corporation of record in a hearing before the Department of Administrative
				Hearings, or a credit card charge (with a pre-approved card), made payable to
				the Secretary of State.
2) This
				filing fee will not be refunded to any petitioner if the petitioner withdraws
				from the hearing or defaults.
3) In
				cases where a hearing is continued, any petitioner who has paid a filing fee
				will not be required to submit another filing fee.
4) In cases where a petitioner withdraws, the
				petitioner will be required to submit a filing fee before another hearing will
				be scheduled.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.230 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				hearing officer shall conduct the hearing, and with respect to the hearing,
				shall have, but not be limited to, the following powers:
1) The authority to administer
				oaths;
2) The authority to examine
				witnesses;
3) The authority to
				issue subpoenas; and
4) The
				authority to rule upon the admissibility of evidence.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.240 - Scope of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				issues to be determined at the hearing are the following:
1) The identity of the drivers involved in
				the accident;
2) The identity of
				the owners of the vehicles involved in the accident;
3) The nature and extent of the bodily injury
				or property damage sustained in the accident;
4) Whether there is a reasonable possibility
				of either of the following situations occurring:
A) A judgment being rendered against the
				petitioner for liability resulting from bodily injury occasioned by the
				accident; or
B) A judgment being
				rendered against the petitioner for liability in an amount in excess of the
				statutory minimum as found in Section 7-201 of the IVC [625 ILCS
				5/7-201 ] resulting from property damage to the
				property of any one person occasioned by the accident.
Should it be determined that either of these two factual
				  situations exists, the preliminary finding of the Secretary shall stand;
5) The existence of any
				other issue or element necessary to the establishment of a case, if contested
				by the petitioner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.250 - Decisions and Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon the completion of the presentation of evidence, if the petitioner is
				unable to present a preponderance of evidence rebutting the preliminary finding
				of the Secretary or otherwise exempting the petitioner from the purview of the
				statute, the hearing officer shall direct that an Order of Suspension be
				entered. However, if the petitioner rebuts by a preponderance of the evidence
				the preliminary finding of the Secretary or otherwise establishes that the
				petitioner is exempt from the purview of the statute, the hearing officer shall
				direct that an Order of Exoneration be entered and further direct that the
				petitioner be dismissed.
b) A copy
				of the Order entered pursuant to a hearing shall be served, as soon as
				practicable after entry of said Order, upon the petitioner in the same manner
				as provided in Section
				1001.220(d)
				for the service of the Notice of Hearings.
c) Decision on Petitioner's Refusal or
				Non-Appearance
1) If the petitioner fails to
				appear at the hearing, the hearing officer shall go on the record, state the
				petitioner failed to appear and is held to be in default. However, an attorney,
				who has filed an appearance on behalf of the petitioner, may appear and present
				motions, and the provisions at Section
				1001.220(g)
				 shall be followed. If the attorney, in such
				a case, requests a continuance which is denied, the matter shall proceed and an
				appropriate order entered.
2) If a
				petitioner appears for a hearing and refuses to testify on the grounds that any
				answer of his/hers may tend to incriminate him/her, then the hearing officer
				shall take an adverse inference from the refusal to testify and shall consider
				the adverse inference in addition to other evidence in determining whether
				petitioner should be suspended or exonerated. If the petitioner appears and
				refuses to testify without asserting the right against self-incrimination, the
				hearing officer shall enter any appropriate order as is required by the
				evidence and this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.260 - Rehearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request by the
				petitioner for a rehearing will be granted if good cause is shown. A request
				for a rehearing must be accompanied by a $50 filing fee, as provided in Section
				1001.220(b).
b) Good cause is shown when the petitioner is
				able to demonstrate:
1) that a real and
				compelling reason existed at the time of the original hearing for his/her
				failing to appear due to unforeseen, unavoidable or uncontrollable
				circumstances, such as an Act of God, the sudden illness or death of the
				petitioner or a member of his/her immediate family, or of the petitioner's
				legal counsel; or
2) the recent
				discovery of new evidence that was not known to exist or ws not known to be
				available at the time of the original hearing. Evidence will not be considered
				"new evidence" if it could have or should have been discovered by the
				reasonable exercise of diligent inquiry and/or effort by the
				petitioner.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.270 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 7-102 of the Code, the provisions
				  of the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, pars. 3-101 et
				  seq.), and all amendments thereto, shall apply to and govern the judicial
				  review of final administrative decisions of the Department and the Secretary
				  entered hereunder.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart B - ILLINOIS SAFETY RESPONSIBILITY HEARINGS › Section 1001.280 - Invalidity

Current through Register Vol. 48, No. 28, July 12, 2024
If any part of these Rules shall be held by a court of
				  competent jurisdiction to be invalid, such holding shall not affect the
				  remaining parts hereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.310 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Department of Administrative Hearings
				  of the Office of the Secretary of State.
"Director" means the Director or Acting Director of the
				  Department of Administrative Hearings.
"DUI Disposition" means:
any conviction or supervision for DUI, BUI or SUI; or
any conviction for reckless homicide in which alcohol and/or
				  drugs is recited as an element of the offense or other credible evidence
				  indicates that the petitioner's/respondent's conduct causing death involved the
				  use of alcohol or other drugs; or
any conviction or supervision for reckless driving that was
				  reduced from DUI; or
any statutory summary suspension or revocation entered
				  pursuant to IVC Section 11-501.1; or
any suspension entered pursuant to IVC Section 11-501.9;
				  or
any suspension entered pursuant to IVC Section 6-206(a)(6)
				  for refusal of chemical testing in another state.
This definition applies to offenses committed in another
				  state, as well as in Illinois, regardless of whether the offense has been
				  recorded to the offender's Illinois criminal or driving record. DUI Disposition
				  does not include a suspension entered pursuant to IVC Section 11-501.8 (zero
				  tolerance).
"Headquarters" means the main location of the hearing officer
				  in each region as specified in Section
				  1001.340(c).
"Hearing Officer" means the driver's license hearing
				  officer.
"Informal Hearing" means a hearing conducted without the
				  formal procedures of Subpart A, is subject to the conditions described in
				  Sections
				  1001.300 and
				  1001.360
				  of this Subpart and is conducted in designated facilities throughout
				  Illinois.
"Informal Hearings Division" means the division of the
				  Department of Administrative Hearings that is responsible for the operation and
				  administration of informal hearings.
"Facility" means a driver's license station operated by the
				  Department of Driver Services of the Office of the Secretary of State.
"Office" means the Office of the Secretary of State and not
				  any particular Department, address or location.
"Person" means an individual who seeks relief or action from
				  the Office on a driver's license suspension or revocation.
"Petitioner" means the person who seeks relief from the
				  suspension or revocation of driving privileges pursuant to the provisions of
				  the Illinois Vehicle Code.
"Region" means a group of counties within which a driver's
				  license hearing officer conducts informal hearings.
"Work Location" means another facility within a region at
				  which a hearing officer conducts informal hearings but is not the
				  headquarters.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.320 - Right to Representation

Current through Register Vol. 48, No. 28, July 12, 2024
Any petitioner may represent himself or herself at an
				  informal hearing, or may be represented by an attorney licensed to practice law
				  in Illinois or in another state who is specifically permitted, by the Director
				  of the Department pursuant to Supreme Court Rule 707 and the Illinois Rules of
				  Professional Conduct Rule 5.5, effective January 1, 2010, to represent a
				  petitioner at the informal hearing, upon the attorney's verbal representations
				  or written documentation as to the attorney's admittance, or any law student
				  licensed under Supreme Court Rule 711. A petitioner may be assisted by a
				  non-lawyer if the petitioner is representing himself or
				  herself.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.330 - Record and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				hearing officer will record all proceedings on a form prescribed and supplied
				by the Director. The form will include, but not be limited to, identification
				information about the petitioner, a narrative from the petitioner concerning
				his/her driving record and need for relief, the type of relief sought, the
				violations for which the petitioner's driving privileges were suspended or
				revoked, and the hearing officer's recommendation. The recommendations of the
				hearing officer shall be based upon the evidence, the driving record of the
				petitioner, the Illinois Vehicle Code, this Part, and any other relevant
				factor.
b) The petitioner may
				submit any relevant and probative documentary or testimonial evidence the
				petitioner wishes to have considered by the hearing officer and the
				Department.
c) The report and
				evidence from the hearing officer shall be a public record, and copies may be
				purchased for the statutory fee for copies of Secretary of State records
				established in § 5.5 of the Secretary of State Act [15 ILCS
				305/5.5 ].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.340 - Location of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				There shall be at least one hearing officer in each region.
b) The headquarters of each region shall be
				in the facility located in that city, and a work location may also be
				established by the supervisor for one or more hearing officers within a
				region.
c) The regions and
				headquarters shall be designated by the Secretary or the Director of the
				Department and announcements of the location and days and hours of service
				shall be posted at driver's license stations throughout the State and on the
				Secretary of State website (cyberdriveillinois.com). This information will be
				updated quarterly.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.350 - Duties and Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Hearing officers will send all reports of hearings to the departmental office
				in Springfield.
b) A final decision
				will be made by the Director or designee at the Department in Springfield,
				Illinois after consideration of all the evidence on the record, including, but
				not limited to, the driving record of the petitioner, the severity of the
				offenses, the frequency of offenses, the nature and sequence of offenses, the
				statements submitted to the hearing officer, and other relevant and probative
				factors.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.360 - Decisions; Time Limits on Obtaining Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) The decision at the informal hearing is
				not a final order and as such is not subject to administrative review pursuant
				to the Administrative Review Law. Following an adverse decision at the informal
				hearing, the petitioner may petition for a formal hearing conducted pursuant to
				Subpart A of this Part. Such a formal hearing shall constitute a de novo
				proceeding and is not an appeal of an adverse decision at the informal
				hearing.
b) If a petitioner has had
				an informal hearing pursuant to this Subpart, neither a formal hearing nor
				another informal hearing on the same issues and/or regarding the same type of
				driving relief shall be held until at least 30 days have elapsed since the date
				of the last informal hearing.
c)
				The Department shall notify the petitioner of the decision of the Secretary of
				State by regular or electronic mail. If it is the decision of the Secretary of
				State to grant driving relief, then the Department will also provide
				instructions on what steps the petitioner must take (such as, but not limited
				to, filing high-risk insurance, the payment of fees, taking driving tests,
				etc.) in order to obtain the relief. The failure to follow and complete these
				instructions will result in the denial of driving relief.
1) Petitioners who are granted a restricted
				driving permit must complete the requirements for obtaining the permit within
				90 days after the Department enters and mails the decision of the Secretary of
				State. The Department reserves the discretion to extend this deadline in order
				to allow a petitioner to achieve compliance, when it is apparent that the
				petitioner is making a good faith effort or the petitioner demonstrates that he
				or she has experienced a change in circumstances that requires the petitioner
				to provide additional information (such as, but not limited to, a change in
				employment).
2) Petitioners who are
				granted the reinstatement of driving privileges must complete the requirements
				for effecting reinstatement within 365 days after the Department enters and
				mails the decision of the Secretary of State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart C - RULES ON THE CONDUCT OF INFORMAL HEARINGS IN DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS › Section 1001.370 - 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 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 1001.420 - General Provisions Relating to the Issuance of Restricted Driving Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Burden of Proof. In every petition for driving relief, the petitioner must
				prove, by clear and convincing evidence, that the petitioner will not endanger
				the public safety and welfare.
1) Burden of
				Proof; Not Eligible for Reinstatement - Hardship Required. Petitioners who are
				not eligible for reinstatement of driving privileges or whose driving
				privileges are suspended at the time of their hearing must prove, by clear and
				convincing evidence, that there is no reasonable alternative means of
				transportation available, that they will not endanger the public safety and
				welfare, and that an undue hardship will result if they are not issued an RDP.
				The Secretary of State does not weigh the nature or extent of a petitioner's
				hardship against the risk the petitioner poses to the public safety and
				welfare. Rather, the petitioner must first carry the burden of proving that the
				petitioner will not endanger the public safety and welfare in order for the
				Secretary of State to consider whether the petitioner has an undue
				hardship.
2) Burden of Proof;
				Eligible for Reinstatement - Hardship Not Required. The Secretary reserves the
				discretion to issue an RDP to petitioners who are eligible for reinstatement at
				the time of their hearing, when warranted by the facts and circumstances
				reflected in the evidence submitted at the petitioner's hearing, and subject to
				the terms and conditions of Sections
				1001.430
				and
				1001.440.