Ill. Admin. Code tit. 92 § 1001.680

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1001.680 - Form and Location of Hearings

a) Formal Hearing Required to Contest Suspension. The implied consent hearings conducted pursuant to Section 11-501.8 of the Code (to contest the suspension) shall be conducted as formal hearings pursuant to Subpart A of this Part.

1) A request for an implied consent hearing conducted pursuant to Section 11-501.8 must be sent to one of the following four (4) locations:

A) Office of the Secretary of State, Dept. of Administrative Hearings, 17 North State Street, Suite 1200, Chicago, Illinois 60602, 312/793-3722.

B) Office of the Secretary of State, Dept. of Administrative Hearings, 54 North Ottawa Street, Joliet, Illinois 60432, 815/740-7171.

C) Office of the Secretary of State, Dept. of Administrative Hearings, Michael J. Howlett Bldg., Rm. 207, Springfield, Illinois 62756, 217/524-0124.

D) Office of the Secretary of State, Dept. of Administrative Hearings, 218 South 12th Street, Mount Vernon, Illinois 62864, 618/242-8986.

2) The request must be in writing, preferably on a form supplied by the Secretary. In any event, it must contain, at a minimum, the petitioner's name, address, driver's license number, which of the above four locations would be preferred by the petitioner, and specify which issues the petitioner will raise at the hearing.

3) The hearing shall be held at a location designated by the Department. The factors that will be considered are, but not limited to: the venue of the citation issued; the location preferred by the petitioner; the location of the witnesses, including the police officer who issued the citation which led to the request to submit to the chemical test and the police officer who administered the test; the availability of a hearing location.

b) Petitions for Restricted Driving Permits. The hearings on petitions for restricted driving permits conducted pursuant to Section 11-501.8 of the Code may be conducted as formal hearings, pursuant to Subpart A of this Part, or as informal hearings, pursuant to Subpart C of this Part, according to the preference of the petitioner.

1) Petitioners are encouraged, however, to begin the hearing process with an informal hearing.

2) If the petitioner requests a formal hearing to obtain a restricted driving permit, said formal hearing shall be held at one of the four locations set forth in subsection (a)(1) of this Section as designated by the petitioner.

3) Such a hearing may only be held within 45 days after the date that the Secretary may issue a permit as provided in Section 6-208.2 of the Code.

4) Every petitioner is required to bring a copy of his/her sworn report evidencing the suspension to any informal hearing.

c) Hearings Conducted Separately. The implied consent hearings will be conducted separately from the hearings for restricted driving permits.

Ill. Admin. Code tit. 92, § 1001.680

Amended at 31 Ill. Reg. 6185, effective May 1, 2007