Section 1231.170  Appeals


a)         Appeals to CCLRB

An individual whose application for an FCCL is denied or whose FCCL is suspended or revoked may petition the Department for relief unless the denial is based upon a determination of the CCLRB.  A denial based upon a determination of the CCLRB may be appealed through petition to the circuit court in the county of the applicant's residence, pursuant to Section 87(a) of the Act.


b)         Informal Relief Proceeding


1)         Individuals who wish to request relief from the Department shall provide written notice to the Department within 60 days after receipt of the notice that their FCCL application is denied or their FCCL is revoked to begin the appeal process.


2)         The petitioner must provide to the Department any reasonable documentation requested by the Department related to the determination for granting relief.


3)         Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation.  If the Director is satisfied that substantial justice has not been done through the denial or revocation and that it is not likely that the applicant or any other party will be injured by the granting of the relief, the Director or his or her designee may grant relief.


4)         The appeal process shall not begin until the Department has received all the necessary documentation.


5)         In the event the Director or his or her designee desires additional information concerning the circumstances surrounding the denial or revocation action, the Director may schedule a fact-finding conference with the petitioner or request additional information.


6)         The Director or his or her designee may grant or deny relief as a result of the fact-finding conference.


7)         In an informal relief proceeding, the petitioner may be represented by counsel or present witnesses who have direct knowledge of the circumstances of the denial or revocation and may present any evidence or information relating to the Department's action.


c)         Formal Administrative Hearing


1)         If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may request a formal administrative hearing.  The request for hearing must be in writing and sent to the DSP Firearms Services Bureau, Appeals Unit.


2)         The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director.  The ALJ may be disqualified for bias or conflict of interest.


3)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.


4)         In the event relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial.


d)         Administrative Review Law

All final administrative decisions of the Department or the CCLRB shall be subject to judicial review under the Administrative Review Law.