Section 1001.70 Commencement of Actions; Notice of Hearing

Section 1001

Section 1001.70  Commencement

of Actions; Notice of Hearing

a)         Petition;

Notice of Hearing

1)         A

contested case is commenced by the Office, either after the written request of

the petitioner or on the Office's initiative, by service of a Notice of Hearing

in accordance with Section 2-114, within the time limitation contained in

Sections 2-118(a) and (b) and 3-402.B(7)(a) and (b), as applicable, of the

Illinois Vehicle Code [625 ILCS 5/2-114, 2-218(a) and (b), and 3-402.B(7)(a)

and (b)] upon the respondent. By "written request" it is meant that

the petitioner may send the Office a petition via facsimile, electronic

transmission, or regular mail.  The Notice of Hearing may be sent by electronic

transmission, if the petitioner agrees to receiving the Notice of Hearing and

Decision and/or Order via electronic transmission.

2)         Any

petition for reinstatement of driving privileges will also be considered a

petition for a restricted driving permit, unless the petitioner specifically

waives any consideration for alternative relief.

b)         Filing Fee

1)         A petition for a hearing will not be accepted for filing unless

it is accompanied by a fee of $50, as provided in Sections 2-118 and 3‑402.B(7)(a)

of the Illinois Vehicle Code.  This filing fee must be submitted in the form of

a money order, a check, 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 the party requesting a

hearing if the hearing proceeds, the party submits multiple petitions for a

hearing to different hearing locations simultaneously, the party withdraws from

the hearing or an order of default is entered.  The party will be required to

submit another filing fee before another hearing will be scheduled.

3)         In cases where a hearing is continued, the party requesting

the hearing will not be required to submit another filing fee

arty submits multiple petitions for a

hearing to different hearing locations simultaneously, the party withdraws from

the hearing or an order of default is entered.  The party will be required to

submit another filing fee before another hearing will be scheduled.

3)         In cases where a hearing is continued, the party requesting

the hearing will not be required to submit another filing fee.

4)         In cases where the party requesting a hearing withdraws or

defaults, the party will be required to submit another filing fee before

another hearing will be scheduled.

c)         The Notice of Hearing shall include:

1)         The names and addresses of all known parties, petitioner and

respondent, including the department initiating the hearing;

2)         Whether the hearing is at the request of the petitioner or the

Department;

3)         The time, date and place of hearing.  The Department will

endeavor to accommodate a party's request regarding the location of a hearing,

but reserves the discretion to schedule a hearing at a site that is mutually

convenient for all parties involved, including witnesses, and subject to the

constraints imposed by budgetary and personnel considerations;

4)         A short and concise statement of facts (as distinguished from

conclusions of law or a mere recitation in the words of the statute) alleging

the act or acts done by each petitioner or, where appropriate, respondent; the

time, date, and place each such act was done or a short and concise statement

of the matters asserted; and the rule, statute, or constitutional provision, if

any, alleged to have been violated, or otherwise involved in the proceeding;

and the relief sought by the petitioner party;

5)         A statement to each party that:

A)        Such party may be represented by legal counsel; may present

evidence; may cross-examine witnesses and otherwise participate in the hearing

of the matters asserted; and the rule, statute, or constitutional provision, if

any, alleged to have been violated, or otherwise involved in the proceeding;

and the relief sought by the petitioner party;

5)         A statement to each party that:

A)        Such party may be represented by legal counsel; may present

evidence; may cross-examine witnesses and otherwise participate in the hearing.

B)        Failure to so appear shall constitute a default, unless such

party has, upon due notice to other parties, moved for and obtained a

continuance from the hearing officer.

C)        Delivery of notice to the designated representative of a party

constitutes service upon the party.

d)         Requirements

for Felony Convictions Involving a Fatality.  A petitioner who has an open

revocation for reckless homicide or aggravated driving under the influence that

involved a fatality must submit, with his or her petition for driving relief,

either a copy of the Order of the circuit court that states the sentence

received upon conviction, certified by the Clerk of the Court, or a document

from the Department of Corrections that reflects: the offense for which the

petitioner was imprisoned; the date of release from imprisonment; and the terms

of release or parole.  For the purpose of determining a petitioner's

eligibility for reinstatement pursuant to Section 6-208(b)1 of the Code, and

for the issuance of a restricted driving permit pursuant to Sections 6-205(c)

and 6-206(c)3 of the Code, the date of release from imprisonment refers to the

imprisonment on the conviction for the offense and does not include release

from imprisonment for a violation of parole or probation. It is the

responsibility of the petitioner to provide documentation that clearly reflects

the date of his/her release from imprisonment.