Ill. Admin. Code tit. 92 § 1001.110

Current through Register Vol. 48, No. 42, October 18, 2024

Section 1001.110 - Orders; Notification; Time Limits on Obtaining Relief

a) The Department shall prepare a written order for all final determinations, which shall include the Findings of Fact, Conclusions of Law, Recommendations of the hearing officer, and the Order of the Secretary.

b) The hearing officer shall prepare the Findings of Fact, Conclusions of Law, and Recommendations to the Secretary. The Findings of Fact and Conclusions of Law must be stated separately.

c) The Order of the Secretary of State shall be the decision of the Office upon the application for relief.

d) The Department shall notify all parties or their agents personally, by facsimile, regular mail or electronic transmission, of the Findings of Fact, Conclusions of Law, Recommendations, and the Order within the statutory time limit specified in Section 2-118 of the Code. If it is the Order of the Secretary of State to grant driving relief, then the Department will also provide instructions on what steps the petitioner must take (such as, but not limited to, filing high-risk insurance, the payment of fees, taking driving tests, etc.) in order to obtain the relief. The failure to follow and complete these instructions will result in the denial of driving relief.

1) Petitioners who are granted a restricted driving permit must complete the requirements for obtaining the permit within 120 days after the date of the Secretary's Order. The Department reserves the discretion to extend this deadline in order to allow a petitioner to achieve compliance, when it is apparent that the petitioner is making a good faith effort or the petitioner demonstrates that the petitioner has experienced a change in circumstances that requires the provision of additional information (such as, but not limited to, a change in employment).

2) Petitioners who are granted the reinstatement of driving privileges must complete the requirements for effecting reinstatement within 18 months after the date of the Secretary's Order.

e) An Order of Default shall be entered against the petitioner or respondent, who fails to appear for a hearing at the scheduled time and has failed to request or been granted a continuance in accordance with Section 1001.100(v).

f) Orders resulting from formal hearings are final administrative orders within the meaning of the Administrative Review Law [ 735 ILCS 5 /Art. III].

Ill. Admin. Code tit. 92, § 1001.110

Amended at 31 Ill. Reg. 6185, effective May 1, 2007

Amended at 40 Ill. Reg. 834, effective 12/31/2015

Amended at 45 Ill. Reg. 14985, effective 11/12/2021