Section 1001.220 Hearings: Notice; Location; Procedures; Record

Section 1001

Section 1001.220  Hearings:

Notice; Location; Procedures; Record

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.

c)

Decisionmaking Factors; Burden of Proof

itioner 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.

c)

Decisionmaking Factors; Burden of Proof.

The decision resulting from the hearing shall be based upon the

following factors:  whether the petitioner, as a motor vehicle owner or

operator, has been involved, or whose vehicle has been involved, in a motor

vehicle accident occurring within the State of Illinois and which has resulted

in bodily injury or death of any person or in which damage to the property of

any one person exceeds the amount provided by statute; whether petitioner is

exempt from the Safety Responsibility Law; and whether there exists a

reasonable possibility of a civil judgment against the petitioner.  The

petitioner shall bear the burden of proof throughout the proceedings.  The

standard of proof shall be a preponderance of the evidence.

d)

Issuance of Notice of Hearing.

The

hearing shall be initiated by the issuance of a Notice of Hearing by the

Secretary.  The Notice shall be served upon the petitioner, as the person

against whom action may be taken by the Secretary, any interested party, and

any attorney of record.  The Notice of Hearing may be sent by electronic

transmission, if the parties agree to this format.

e)

Notice of Hearing − Content

of Hearing.

The

hearing shall be initiated by the issuance of a Notice of Hearing by the

Secretary.  The Notice shall be served upon the petitioner, as the person

against whom action may be taken by the Secretary, any interested party, and

any attorney of record.  The Notice of Hearing may be sent by electronic

transmission, if the parties agree to this format.

e)

Notice of Hearing − Content.

The Notice of Hearing shall be a written statement setting forth, but not

limited to, the following information:

1)         The name of the petitioner;

2)         The name and address of any interested party;

3)         The date, time, place, and nature of the hearing;

4)         The matters to be addressed at the hearing;

5)         The specific Sections of the Statutes involved;

6)         The statutory authority pursuant to which the hearing is being

conducted;

7)         Notice to the petitioner that a failure to appear will result

in the denial of any relief requested and that at any rehearing granted under

Section 1001.260 the petitioner will be deemed to have waived the right to

subpoena or cross-examine witnesses that testified at the original hearing.

f)

Location of Hearings; Notice of Change

of Location.

Hearings shall be conducted in the Counties of Cook,

DeKalb, Madison, Will, Sangamon, Kane, St. Clair, McDonough, and Jefferson and

in such other locations as the Secretary shall from time to time

designate.  The Secretary reserves the discretion to conduct these

hearings by videoconferencing.  If the Secretary determines to abandon or

change the location of hearings to a location or locations outside the counties

specifically listed in this subsection, the Secretary shall publish a notice of

the change, at least 20 days prior to the effective date of the change, in a

local newspaper of general circulation in each county wherein a location is

abandoned or to which a hearing location will be added or moved

ines to abandon or

change the location of hearings to a location or locations outside the counties

specifically listed in this subsection, the Secretary shall publish a notice of

the change, at least 20 days prior to the effective date of the change, in a

local newspaper of general circulation in each county wherein a location is

abandoned or to which a hearing location will be added or moved.  The

notice shall indicate the reasons for the determination and shall identify the

new location proposed to serve the county, if known at the time of publication.

The hearing site locations, and any change therein, shall also be posted

on the Secretary of State website.

g)

Parties to a Hearing;

Disqualification of Hearing Officer.

Every hearing shall be presided

over by a hearing officer duly appointed by the Secretary.  The Secretary may

also appoint a representative to appear and participate in his behalf.  Prior

to the taking of evidence, a petitioner may request the disqualification of the

hearing officer by making a motion for disqualification, stating the specific

grounds upon which it is alleged that a fair and impartial hearing cannot be

afforded the petitioner by the hearing officer.  The hearing officer will rule

upon the motion.  If the motion is denied, the hearing will proceed.  If the

motion is granted, the case shall be transferred to another hearing officer for

a same day hearing if possible.  If not possible, a new hearing date will be

established and another hearing officer shall be assigned by the Secretary.  The

hearing officer shall have authority to conduct the hearing, to rule on all

motions, to administer oaths, to subpoena witnesses or documents at the request

of any petitioner, to examine witnesses, and to rule upon the admissibility of

testimony and evidence.

h)

Petitioner's Rights

ible, a new hearing date will be

established and another hearing officer shall be assigned by the Secretary.  The

hearing officer shall have authority to conduct the hearing, to rule on all

motions, to administer oaths, to subpoena witnesses or documents at the request

of any petitioner, to examine witnesses, and to rule upon the admissibility of

testimony and evidence.

h)

Petitioner's Rights.

Each

petitioner to the hearing and the Secretary of State shall have the following

rights:

1)         The right to the issuance of subpoenas upon written request

directed to the hearing officer at least 10 business days prior to the hearing;

2)         The right to call and examine witnesses;

3)         The right to cross-examine witnesses on any matter relevant to

the issues, even though the matter was not covered on direct examination;

4)         The right to introduce exhibits; and

5)         The right to obtain in advance, upon written request, copies

of all related police reports not designated confidential by State law.

Requests must be submitted at least 10 business days prior to the hearing date

to be considered.  The petitioners may request copies of the related police

reports at the hearing if the need for the copies could not be foreseen before

the hearing, or the need for them arose because of the issues or allegations

adduced at the hearing.

i)

Right to Counsel; Attorneys Must Be

Licensed; 711 Students.

The petitioner shall have the right to appear

in person 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.  If

the petitioner does not testify on his/her own behalf, he/she may be called by

the representative of the Secretary and examined as if under cross-examination

s Must Be

Licensed; 711 Students.

The petitioner shall have the right to appear

in person 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.  If

the petitioner does not testify on his/her own behalf, he/she may be called by

the representative of the Secretary and examined as if under cross-examination.

1)         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.

2)         A natural person may appear and be heard in his/her own

behalf.

3)         A corporation, association, or partnership may appear and

present evidence by any bona fide officer, employee, or representative.

4)         Only an attorney mentioned above properly licensed shall

represent anyone else in any hearing in any matter involving the exercise of

legal skill or knowledge.  The standards of conduct shall be the same as before

the Courts of the State of Illinois.

j)

Recording of Proceedings; Obtaining a Copy of the Record.

1)         The proceedings shall be recorded by a suitable electronic

method.  The petitioner may furnish, at his/her own expense, a certified

shorthand reporter.  All records taken shall be properly cataloged and

preserved by the Secretary for a period of at least 45 days from the entry of

the hearing officer's order.  A copy of the electronically recorded

proceedings shall be available upon the request of the petitioner, any party,

or his/her counsel upon advance payment of $25 by the requesting party, to

cover the cost of making a copy of the  recording plus mailing

n shall be properly cataloged and

preserved by the Secretary for a period of at least 45 days from the entry of

the hearing officer's order.  A copy of the electronically recorded

proceedings shall be available upon the request of the petitioner, any party,

or his/her counsel upon advance payment of $25 by the requesting party, to

cover the cost of making a copy of the  recording plus mailing.

2)         Persons who are not a party to a

proceeding may obtain a copy of the file, a document in the file, or a

transcript of the proceeding by filing with the Department a request for the

record pursuant to, and subject to the restrictions and exemptions in, the

Freedom of Information Act [5 ILCS 140].

k)

Record of a Hearing.

The

record of a hearing held pursuant to this Section shall include, but not be

limited to, the following:

1)         The notices, pleadings, and responses to pleadings;

2)         The motions and rulings on motions;

3)         The matters officially noticed;

4)         The offers of proof made and objections to and rulings on

those offers;

5)         The opinions, recommendations, or reports by the hearing

officer, Secretary, or Department; and

6)         An electronic or digital recording of the proceedings.

l)

Interpreters.

The Secretary

will provide, upon prior written request, an interpreter for hearing impaired

petitioners and interested parties who wish to testify.  However, it is the

responsibility of the petitioner or interested parties to provide a language

interpreter.