Illinois Compiled Statutes
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35 ILCS 135/21
(35 ILCS 135/21)
(from Ch. 120, par. 453.51)
The Department may make, promulgate and enforce such
reasonable rules and regulations relating
to the administration and
enforcement of this Act as may be deemed expedient.
Whenever notice is required by this Act, such notice may be given by
United States certified or registered mail, addressed to the person concerned
at his or her
last known address, and proof of such mailing shall be sufficient for the
purposes of this Act. Notice of any hearing provided for by this Act and held before the Department shall
be so given not less than 7 days prior to the day fixed for the hearing.
Hearings provided for in this Act, other than hearings before the Illinois Independent Tax Tribunal, shall be held:
(1) In Cook County, if the taxpayer's or licensee's
principal place of business is in that county;
(2) At the Department's office nearest the taxpayer's
or licensee's principal place of business, if the taxpayer's or licensee's principal place of business is in Illinois but outside Cook County;
(3) In Sangamon County, if the taxpayer's or
licensee's principal place of business is outside Illinois.
The Circuit Court of the County wherein the hearing is held shall have
power to review all final administrative decisions of the Department in
administering this Act. The provisions of the Administrative Review Law,
as amended, and the
rules adopted pursuant thereto, shall apply to and govern all proceedings
for the judicial review of final administrative decisions of the Department
under this Act.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
Service upon the Director of Revenue or Assistant Director of Revenue of
the Department of Revenue of summons issued in any action to review a final
administrative decision shall be service upon the Department. The
Department shall certify the record of its proceedings if the plaintiff
in the action for judicial review shall pay to it the sum of
75¢ per page of
testimony taken before the Department and 25¢ per page of all other matters
contained in such record, except that these charges may be waived where the
Department is satisfied that the aggrieved party is a poor person who
cannot afford to pay such charges. However, before the delivery
of such record to the person applying for it payment of these charges must
be made, and if the record is not paid for within 30 days after notice that
such record is available, the
complaint may be dismissed by the court upon motion of the Department.
No stay order shall be entered by the Circuit Court unless the plaintiff
in the action for judicial review files with the court a
bond in an amount fixed and approved by the court, to indemnify the State
against all loss and injury which may be sustained by it on account of the
review proceedings and to secure all costs which may be occasioned by such
Whenever any proceeding provided by this Act is commenced before the
Department, either by the Department or by a person subject to this Act,
and such person thereafter dies or becomes a person under legal disability
proceeding is concluded, the legal representative of the deceased or a
person under legal disability shall notify the Department of such death or legal
disability. Such legal representative, as such, shall
then be substituted
by the Department for such person. If the legal representative fails to
notify the Department of his or her appointment as such legal representative, the
Department may, upon its own motion, substitute such legal representative
in the proceeding pending before the Department for the person who died or
became a person under legal disability.
Hearings to protest an administrative decision of the Department conducted as a result of a protest filed with the Illinois Independent Tax Tribunal on or after July 1, 2013 shall be conducted pursuant to the provisions of the Illinois Independent Tax Tribunal Act of 2012.
(Source: P.A. 96-1027, eff. 7-12-10; 97-1129, eff. 8-28-12.)