Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart A - FORMAL ADMINISTRATIVE HEARINGS › Section 1001.100 - Conduct of Formal Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Open to Public. All hearings conducted in any proceeding shall be open to the
				public.
b) Out-of-state
				Petitioners. An out-of-state petitioner is defined as a petitioner who never
				resided in Illinois, or who has permanently relocated outside of the State of
				Illinois. An out-of-state petitioner may choose to submit an "out-of-state
				application" in petitioning for driving relief, in lieu of appearing at an
				in-person hearing. These petitioners shall be deemed to have waived the right
				to appear at an in-person hearing. However, no 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 may submit an out-of-state application and must appear at
				a formal in-person hearing, regardless of the nature of the current loss of
				driving privileges, unless the hearing officer determines that there are
				material extenuating circumstances that prohibit the petitioner from attending
				an in-person hearing. Material extenuating circumstances do not include
				inconvenience or monetary considerations. In-person hearings require the
				petitioner to be physically present and do not include telephonic hearings but
				do include real-time audio and visual internet hearings.
1) Out-of-state petitioners must provide
				evidence of their residency, such as, but not limited to, voter registration,
				income tax returns, apartment rental leases, mortgage contracts, employment
				verification, utility and/or telephone bills, etc. The Department reserves the
				discretion to reject out-of-state petitions that fail to provide this evidence
				or establish residency. The Department also reserves the discretion to reject
				out-of-state petitions if there is evidence that the petitioner is regularly
				present in the State of Illinois, for such reasons as, but not limited to,
				through work, school or family contacts and is capable of attending a hearing
				in person in a timely manner. An out-of-state petitioner who chooses to appear
				in person must either testify to, or provide documentation of, the location of
				the petitioner's current residency. An out-of-state petitioner who has not
				completed the requirements for reinstatement as a BAIID Multiple Offender (BMO)
				permittee or is currently a Lifetime permittee (see Section
				1001.410) in Illinois
				must also submit a valid state-issued identification card or driver's license
				prior to being granted reinstatement.
2) The out-of-state petitioner must submit,
				at a minimum, all documentation and information required by Subpart D if they
				appear at an in-person hearing. The uniform report alcohol and drug evaluation
				at an in-person hearing must have been conducted in-person or virtually, by an
				Illinois provider licensed by the Illinois Department of Human Services,
				Division of Substance Use Prevention and Recovery (DSUPR) to conduct these
				evaluations. All other documentation, including treatment and intervention
				documentation, required by Subpart D can be completed in person by an
				out-of-state licensed provider on forms downloaded from the Department of
				Administrative Hearings web page and must comply with this Part and the
				regulations set by DSUPR. Remedial education may be performed in-person or
				virtually but must comply with this Part and the regulations set by DSUPR.
				However, no documents in Subpart D are required to be submitted if the
				petitioner submits a written out-of-state application for driving relief, as
				the out-of-state application for driving relief encompasses all documentation
				required by Subpart D.
3) An
				informal hearing request is made when the Department accepts a written
				out-of-state application. The petitioner's application will be assigned to a
				hearing officer within 10 calendar days after receipt of a complete
				application. The application will be reviewed by the hearing officer and a
				letter decision will be issued no more than 180 days after it is assigned to a
				hearing officer.