Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart G - MOTOR VEHICLE FRANCHISE ACT › Section 1001.760 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Receipt of a Notice of Protest shall be handled as follows:
1) Any Notice of Protest received by the
				Secretary will be sent to the Chairperson, who shall review the notice to see
				if it has been timely filed, complies with Section
				1001.750, and falls under the
				purview of the Act. A copy shall also be sent to the respondent.
2) If the notice meets all of the above
				requirements:
A) The Chairperson will assign a
				monitor and a hearing officer to the case. The hearing officer will be selected
				from a list of possible hearing officers supplied by the Secretary. The
				selection shall be made on a rotating basis taking into consideration the
				expertise and qualifications needed for each case.
B) The Chairperson will have the Secretary
				enter an order setting the date, time, and place of the hearing. This date must
				be within 60 days after the date of the order. The hearing will be held at a
				location determined by the Secretary. Any motion to dismiss or strike the
				Notice of Protest must be filed within 21 days after the date of receipt of the
				order setting the hearing.
C) The
				hearing officer may continue the hearing date more than 90 days after the date
				of the Board's initial order scheduling the hearing only if the parties agree
				to the continuance and the hearing officer finds that, due to the complexity of
				the issues involved, a meaningful hearing could not be held before
				then.
D) The hearing officer will
				ensure that the fees required by Section
				1001.790(a),
				have been paid by both the complainant and the respondent or, if not paid,
				enter a judgment for fees accordingly.
3) If the notice does not meet all of the
				requirements of subsection (a)(1), the Chairperson will have the Secretary
				notify the complainant and the respondent of the defect and no hearing will be
				set.
4) If the Chairperson
				determines that the Notice of Protest does not fall under the purview of the
				Act in that the alleged violation is not under the Act or that an exception
				under the Act applies:
A) The complainant will
				be so notified and given 14 days to respond. If no response is received within
				that time, the Chairperson shall cause a summary order to be entered denying
				the relief requested, which shall be a final, appealable order.
B) If a response is received, as provided in
				Section 1001.750, copies of the file will be given to each Board member who
				will review the matter and recommend to the Chairperson whether there appears
				to be a reasonable possibility that a violation of the Act occurred.
i) If a majority of the Board determines that
				there is such a reasonable possibility, a hearing shall be scheduled.
ii) If a majority of the Board determines
				that there is not such a reasonable possibility, the Chairperson shall cause a
				summary order to be entered denying the relief requested. This will be a final
				appealable order.