Section 1001.240 Scope of Hearings

Section 1001

Section 1001.240  Scope of

Hearings

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.

b)         The law of negligence as determined by the Illinois Supreme

Court and the Illinois General Assembly will apply in the decisions made from

the hearings.

c)         If a petitioner requests a hearing and there is evidence of an

installment agreement in the file, the hearing officer shall go on the record

at the time of the scheduled hearing.

1)         If the petitioner wishes to contest liability or the amount of

the security deposit required by the Department of Transportation

certification, a full hearing shall be conducted based upon the facts of the

accident and the amount of the damages involved.  The validity of the

installment agreement shall not be an issue and the hearing shall proceed as if

no installment agreement exists

If the petitioner wishes to contest liability or the amount of

the security deposit required by the Department of Transportation

certification, a full hearing shall be conducted based upon the facts of the

accident and the amount of the damages involved.  The validity of the

installment agreement shall not be an issue and the hearing shall proceed as if

no installment agreement exists.

A)        If the decision of the hearing officer is to exonerate the

petitioner, the hearing officer shall return the installment agreement to the

petitioner and inform the petitioner that the decision does not alter the

validity of the installment agreement.

B)        If the decision of the hearing officer is that the petitioner

did not rebut the preliminary finding of the Secretary, the hearing officer

shall make such a finding, along with a finding regarding the amount of the

security deposit required, as well as a finding that the petitioner is in compliance

by virtue of submission of the installment agreement.

C)        A hearing in the case shall be held regardless of whether there

has been a default on the installment agreement.

2)         If the petitioner does not wish to contest liability or the

amount of the certification, the hearing officer will go on the record and

state these facts.  The installment agreement will be forwarded to the Safety

and Financial Responsibility Division, Driver Services Department, Illinois

Secretary of State, and no action will be taken against the driving and

registration privileges of the petitioner at that time.