Section 3500.400  Consideration of Requests for Expedited Review

a)         A person subject to the provisions of Section 8(f) of the Act may request an expedited review of a FOID application denial or a FOID card suspension or revocation immediately upon receiving notice of FOID application denial or FOID card suspension or revocation, but no later than 30 days after the notice is issued. 

b)         An individual subject to the provisions of Section 8(f) of the Act may file a request for expedited review for the following reasons:

1)         Contesting the facts of the clear and present danger report; and/or

2)         Contesting that the facts in the clear and present danger report meet the definition of clear and present danger pursuant to Section 1.1 of the Act.

c)         Individuals requesting expedited review, pursuant to Section 10(c-5)(5) of the Act must complete the Expedited Request for Review of Clear and Present Danger Determination form, which is available on the Board's website.  The form includes basic personal information, contact information, the basic for requesting an expedited review, FOID card number (if one was assigned), personal narrative/statement, etc.

d)         Upon the timely receipt of the Expedited Request for Review of Clear and Present Danger Determination form, the FOID Card Review Board will set a hearing within 45 days.

1)         The Board will process the request and duly notify the individual, the Department, and the physician, clinical psychologist, qualified examiner, law enforcement official or school administrator who reported the clear and present danger determination of the Expedited Request for Review of Clear and Present Danger Determination Form.  The notification shall include the date, time, and location of the hearing. 

2)         The identity of the physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator who reported the clear and present danger determination shall not be disclosed to the individual who is the subject of the report without the explicit written consent of the reporting party.  A petitioner seeking such disclosure must submit a written motion to the Board for disclosure of the reporting party's identity. The Board may grant the motion only upon an affirmative determination that disclosure is strictly necessary to ensure the individual has a meaningful opportunity to understand, respond to, or rebut the basis for the denial, suspension or revocation of FOID privileges.

A)        In making such a determination, the Board must give primary weight to the safety and well-being of the reporting individual and any other persons who may be placed at risk because of disclosure. The Board shall carefully balance the reported individual's right to due process against the potential public and personal safety implications of disclosure.

B)        If the Board determines that disclosure of the reporting party's identity may be necessary, it shall first provide the reporting party with written notice, by email or by U.S. Mail if no email exists, of its intent to disclose, at least seven business days in advance. The notice shall include the specific rationale supporting the proposed disclosure. The reporting party shall be given a meaningful opportunity to object by submitting a request for further review within seven business days after receipt of the notice.  The reporting party shall file a written objection, addressing any legal or safety-based grounds, within seven business days after the request for further review is filed.

C)        The Board shall not proceed with disclosure until any timely objection is fully considered and resolved. In the event the Board proceeds with disclosure, the Board's decision to disclose shall be made in writing and must specifically articulate why disclosure is essential and how it has weighed the safety risks involved.

3)         All parties listed in subsection (d)(1) may only submit documents necessary to contest the facts of the clear and present danger report, or to contest that the facts meet the definition of clear and present danger pursuant to Section 1.1 of the Act.

4)         Board members will be responsible for reviewing the record and may request additional information from all parties listed in subsection (d)(1). All such requests for information shall be responded to within five business days after the request is issued.

5)         A majority of the Board members appointed and serving must determine if the Department has established the facts of the clear and present danger determination and/or established that the facts meet the definition of clear and present danger consistent with Section 1.1 of the FOID Act by a preponderance of evidence. 

6)         The Chairperson shall utilize the procedures for admissibility of evidence as described in Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40].

7)         The Board shall issue a final administrative decision within 14 days after conclusion of the hearing.

8)         Deliberations of the Board, upon conclusion of a hearing held pursuant to this Section, shall be closed without the petitioner or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140]. (See Section 10(a-5)(8) of the Act).

9)         No later than 30 days after the date of any final administrative decision issued by the Board, the petitioner may make a written request to the Board for a transcript of the recording made at the hearing.

10)       The cost of transcription shall be the responsibility of the petitioner.

11)       Fees shall not exceed the actual cost for the preparation of the transcript.

12)       The recording of the hearing need not be transcribed unless the Board receives a written request and fee from the petitioner in accordance with this Section.

13)       Once the petitioner has exhausted the expedited review process and any appeal thereof, the petitioner may thereafter file a request for relief pursuant to Section 3500.200 to obtain a FOID card.

14)       The Board's jurisdictional period under Section 10(c-5) of the Act shall be tolled during the pendency of any expedited review conducted pursuant to this Section, including the duration of any appeal of the Board's final decision. The jurisdictional timeline shall resume upon the conclusion of the expedited review process and any related appeal.  For example, if a petitioner files an expedited review request on day 30, the jurisdictional timeline pauses on day 30 and resumes after expedited review and any appeals conclude.

(Source:  Added at 50 Ill. Reg. 5337, effective April 3, 2026)