Ill. Admin. Code tit. 20 § 1231.170

Current through Register Vol. 48, No. 50, December 13, 2024

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.

1) In the event relief is denied by the circuit court in the county of the applicant's residence, a new application from the petitioner will not be accepted for two years after the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

2) If the applicant does not appeal to a circuit court within 35 days from the date the denial was served, 60 days after the date of denial, the applicant may request that the Department reset the application one time within two years after the date of the denial.

A) No additional request to reset the application will be permitted.

B) If no appeal is made and a request to reset the application is not received, the application will automatically be reset once within two years after the date of the denial.

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 the Director's 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 the Director's 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 the Director's 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 Department's Office of Firearms Safety.

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 will be disqualified upon showing of 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 a final administrative decision is rendered and the 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 unless directed to do so by a court with appropriate jurisdiction.

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.

Ill. Admin. Code tit. 20, § 1231.170

Amended at 46 Ill. Reg. 1081, effective 12/21/2021