# 92 Ill. Adm. Code 1001.240: Section 1001.240 Scope of Hearings

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_240

## Section

- **Citation:** 92 Ill. Adm. Code 1001.240
- **Heading:** Section 1001.240 Scope of Hearings
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER II: SECRETARY OF STATE / Part 1001 PROCEDURES AND STANDARDS / Section 1001.240 Scope of Hearings

## Text

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.

## Nearby sections

- [92 Ill. Adm. Code 1001.200 Section 1001.200  Applicability](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_200.md)
- [92 Ill. Adm. Code 1001.210 Section 1001.210  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_210.md)
- [92 Ill. Adm. Code 1001.220 Section 1001.220  Hearings: Notice; Location; Procedures; Record](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_220.md)
- [92 Ill. Adm. Code 1001.230 Section 1001.230  Rules of Evidence](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_230.md)
- [92 Ill. Adm. Code 1001.240 Section 1001.240  Scope of Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_240.md)
- [92 Ill. Adm. Code 1001.250 Section 1001.250  Decisions and Orders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_250.md)
- [92 Ill. Adm. Code 1001.260 Section 1001.260  Rehearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_260.md)
- [92 Ill. Adm. Code 1001.270 Section 1001.270  Judicial Review](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_270.md)
- [92 Ill. Adm. Code 1001.280 Section 1001.280  Invalidity](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_280.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_240. Check the current official text before relying on it. Not legal advice.
