Section 100.30  Petition for Hearing

a)         A person or entity subject to an Administrative Decision may file a Petition for Hearing when the person or entity is entitled to a Hearing under the Applicable Act.  A third-party person or entity that is not the subject of an Administrative Decision may file a Petition for Hearing when the third-party person or entity is entitled to a Hearing under the Applicable Act.

b)         A Petition for Hearing must be filed with the Recordkeeper within the time period required under the Applicable Act after service of an Administrative Decision upon the Petitioner.  If the Applicable Act does not provide for this time period, then a Petition for Hearing must be filed with the Recordkeeper within 10 days after service of an Administrative Decision upon the Petitioner.

c)         In a case in which a Petitioner licensed under Article VII of the Residential Mortgage License Act of 1987 [205 ILCS 635] is contesting a fine, revocation, suspension, cease and desist, probation, refusal to renew a license or any other disciplinary action, the Petition for Hearing shall be in writing, signed by the Petitioner, and shall set forth the:

1)         Petitioner's license number, if applicable;

2)         Docket number of the Administrative Decision that resulted in discipline, if applicable; and

3)         Date of the contested Administrative Decision.

d)         In a case in which the Petitioner, as:

1)         an Applicant, seeks to contest an Administrative Decision to deny an application for licensure: or

2)         an Unlicensed Person or Licensee of the Division of Banking or Division of Financial Institutions other than a Licensee subject to subsection (c) is contesting a fine, revocation, suspension, cease and desist, probation, refusal to renew a license or any other disciplinary action, the Petition for Hearing will be in writing, signed by the Petitioner, and will state with specificity the particular reasons why the Petitioner believes that the decision to deny licensure or impose other disciplinary action was incorrect.

e)         Upon receipt by the Recordkeeper of a properly completed Petition for Hearing and completion of all the requirements of this Section and Section 100.200, a case will be docketed, and notice sent to the Petitioner setting forth the date, time, and place of the Hearing.

f)         A request to receive a written or sight translation of administrative decision made within seven days after service of the Administrative Decision by a self-represented Petitioner or a Petitioner who is an indigent person shall automatically be construed as a Petition for Hearing notwithstanding that the request does not comply with this Section.  Within 20 days after service of written translation of the Administrative Decision or 20 days after the Department provides sight translation of the Administrative Decision, the Petitioner must file a Petition for Hearing that complies with this Section or the Petition for Hearing shall be deemed withdrawn and the Administrative Decision of the Department will become final.

(Source:  Amended at 50 Ill. Reg. 10803, effective July 13, 2026)