Section 1040.116  Discretionary Suspension/Revocation; Committing Perjury; Submitting False/Fraudulent Documents; Notification by Department of Administrative Hearings

a)         The Department of Administrative Hearings, whenever it has clear and convincing evidence that a person committed perjury, or submitted fraudulent, falsified or materially altered documents, or submitted documents as his/her own that were prepared or composed for another person, shall notify the Driver Services Department.

b)         Such notification shall include a request from the Department of Administrative Hearings to take action against the driving privileges of the person and one or more of the following:

1)         A copy of the administrative order entered pursuant to a hearing held; or

2)         A copy of any and all fraudulent, falsified or materially altered documents; or

3)         Any other relevant documents.

c)         The Driver Services Department shall, upon receipt of the notification, take the following action:

1)         If the person's driving record does not contain a previous suspension/revocation for cause under this Section, an order of suspension of the person's driving privileges shall be entered for 12 months.

2)         If the person's driving record does contain a previous suspension/revocation for cause under this Section, an order of revocation of the person's driving privileges shall be entered.

d)         Any person whose driving privileges are suspended or revoked under the provisions of this Section may contest this sanction at an administrative hearing under the provisions of IVC Section 2-118.

(Source:  Added at 33 Ill. Reg. _____, effective 2603________)