Section 1001.20 Definitions

Section 1001

Section 1001.20  Definitions

"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

n" 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.