Ill. Admin. Code tit. 20 § 3500.320

Current through Register Vol. 48, No. 49, December 6, 2024

Section 3500.320 - Decisions of the Board

a) The Board shall make a record, electronically or by other reliable means, of the final votes cast by each individual member upon their review of the request for relief record or at the conclusion of the hearing, if one is requested.

b) The Board shall issue an order either granting or denying the request for relief based upon the majority vote. If the Board denies relief, the Board shall detail the circumstances warranting denial.

c)The Board shall issue a decision within 45 days of receiving all completed appeal documents from the Department and petitioner, unless:

1) the petition is for expedited relief from an eligible active law enforcement officer pursuant to Section 10(c-5) of the Act and must be acted on within 30 business days after receipt of that petition;

2) the plea is from an individual determined to be developmentally or intellectually disabled pursuant to Section 10(c-5) of the Act and must be acted on within 60 days after receipt of the required certification unless the timeline is tolled for a fact-finding conference;

3)the Board requests information from the petitioner, including, but not limited to, electronic fingerprints to be submitted to the Illinois State Police, in accordance with Section 10(a-5)(5) of the Act, in which case the Board shall make a decision within 30 days of receipt of the required information from the petitioner;

4) the petitioner requests a hearing and agrees, in writing, to allow the Board additional time to consider an appeal; or

5)the Board notifies the petitioner, and the Department, it needs an additional 30 days to issue a decision, which may be requested no more than two times and shall include an explanation for the extension. (Section 10(a-5)(6) of the Act)

d) For matters transferred to the Board by the Department, the Board shall issue a decision within 45 days after receiving all completed appeal documents from the Department, unless extended in accordance with subsection (c).

e) The Board shall provide notice of its decision to the petitioner and Department by providing a copy of its order to the petitioner and the Department.

1) Where the Department determines it is appropriate, the Department will reinstate the petitioner's firearms rights, issue a FOID Card, and update, correct, modify, or remove the person's record in any database that the Illinois State Police makes available to the National Instant Criminal Background Check System to reflect that the basis for the firearms prohibitor for which relief has been granted no longer applies within 15 business days after the Board's decision. (Section 10(f) of the Act)

2) Out-of-state residents who petition the Board pursuant to Section 10(c) of the Act and are granted relief by the Board shall not be issued a FOID Card but rather shall only have their record corrected. (Section 4(a)(2) of the Act)

f) An order of the Board is a final administrative decision and subject to judicial review pursuant to Section 11 of the Act.

Ill. Admin. Code tit. 20, § 3500.320

Emergency rule added at 47 Ill. Reg. 6196, effective 4/17/2023, for a maximum of 150 days

Added at 47 Ill. Reg. 13469, effective 9/8/2023