Section 1001.70  Commencement of Actions; Notice of Hearing

a)         Petition; Notice of Hearing

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 Driver Licensing Law of the Illinois Vehicle Code (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.

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 party withdraws from the hearing or defaults.

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;

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.

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)        A petitioner who has an open revocation for reckless homicide or aggravated driving under the influence which involved a fatality must submit, with his or her petition for driving relief, either a copy of the Order of the circuit court which states the sentence received upon conviction, certified by the Clerk of the Court, or a document from the Department of Corrections which 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.

(Source:  Amended at 31 Ill. Reg. 6185, effective May 1, 2007)