Section 176.1000  Definitions

"Act" means the Illinois Notary Public Act [5 ILCS 312].

"Contested case" means an adjudicatory proceeding conducted by the Department of Administrative Hearings in which the individual legal rights, duties, or privileges of a party are required by law to be determined by the Secretary of State only after an opportunity for a hearing. [5 ILCS 100/1-30]

"Continue a hearing" means to reschedule a hearing to another date certain. A decision to continue a hearing is a continuance.

"Department of Administrative Hearings" means the Department of Administrative Hearings of the Office of the Secretary of State of Illinois.

"Director" means the Director or Acting Director of the Department of Administrative Hearings.

"Formal Hearing" means a hearing authorized to be held by the Department of Administrative Hearings under the Act or this Part.

"Hearing Officer" means any person designated by the Secretary of State to preside at any hearing conducted under this Subpart.

"Order of Default" means an Order entered by the Department of Administrative Hearings which denies all relief because a petitioner fails to appear for a hearing at the time, date, and place specified in the Notice of Hearing or Notice of a continued hearing date without prior notification to the Department of the petitioner's inability to appear.

"Party" means any person named or admitted as a participant in any hearing conducted under this Subpart, including the Secretary and the Department of Administrative Hearings.

"Person" includes any individual, corporation, partnership, association, or firm legally capable of either seeking the action of the Office of the Secretary of State or being the subject of the action.

"Petitioner" is the party who by written request seeks or applies for any relief from the Secretary under the Act or this Part.

"Respondent" means a person against whom a complaint or petition is filed, or who, because of interest in the subject matter of a petition or application or the relief sought in the petition or application, is made a respondent or to whom an order or complaint is directed by the Department of Administrative Hearings.

"Secretary" means the Illinois Secretary of State.

"Withdrawal from a hearing" means to terminate a hearing upon the motion or at the request of the petitioner.

(Source:  Added at 47 Ill. Reg. 8640, effective June 5, 2023)