Ill. Admin. Code tit. 92 § 1001.470

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1001.470 - Renewal, Correction and Cancellation of RDPs

a) The holder of an RDP that was granted as a result of a formal hearing decision, excluding BMO RDPs, if still valid or expired for 30 days or less, may apply to renew a RDP through an informal hearing, using the procedures set forth in Subpart C and providing all documentation required in Subpart D in cases which are alcohol/drug related. To avoid any lapse in holding a valid BMO RDP a hearing to renew the BMO RDP, either formal or informal, must take place prior to the expiration date of the BMO RDP. A BMO RDP may not be renewed at an informal hearing if a monitor report indicated there were BAIID violations while driving on the RDP for which an explanation was not provided to the BAIID Division that reasonably assured the Division that a violation did not occur. A lapse in holding a valid BMO RDP shall not result in the restart of the BAIID 1,826 day period, if the BMO permittee keeps the BAIID installed, but the BMO permittee must remain on a RDP until the petitioner has completed five full years on a BMO RDP.

b) Petitioners who are required to apply for relief at a formal hearing, or who choose to apply for relief at a formal hearing and who are issued an RDP, may apply for additional RDPs for different purposes at informal hearings. Additionally, petitioners who are issued one type of RDP but denied another type of RDP at a formal hearing may apply for the denied type of RDP at an informal hearing upon a showing of a relevant change of circumstances.

c) Corrected RDPs will be issued to make necessary changes to the information on an RDP if the changes are documented and verified. Corrected RDPs will expire on the same date as the original permit.

d) RDPs will be cancelled or invalidated pursuant to Sections 6-103, 6-113, 6-201, 6-205(a), and 6-206(a) of the Code. The Secretary of State reserves the authority to cancel any restricted driving permits previously issued to a petitioner when the preponderance of the evidence taken at a subsequent hearing demonstrates that the petitioner can no longer be considered a low risk to repeat the past abusive behavior and be a safe and responsible driver, has regressed in the recovery from an alcohol/drug problem, or otherwise in any way is no longer in compliance with the standards specified in this Subpart D.

Ill. Admin. Code tit. 92, § 1001.470

Amended at 24 Ill. Reg. 19257, effective December 15, 2000

Amended at 45 Ill. Reg. 14985, effective 11/12/2021