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91_SB1630
LRB9113084DHpr
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 2-118.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 2-118 as follows:
7 (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
8 Sec. 2-118. Hearings.
9 (a) Upon the suspension, revocation or denial of the
10 issuance of a license, permit, registration or certificate of
11 title under this Code of any person the Secretary of State
12 shall immediately notify such person in writing and upon his
13 written request shall, within 20 days after receipt thereof,
14 set a date for a hearing and afford him an opportunity for a
15 hearing as early as practical, in either the County of
16 Sangamon, the County of Jefferson, or the County of Cook, as
17 such person may specify, unless both parties agree that such
18 hearing may be held in some other county.
19 (b) At any time after the suspension, revocation or
20 denial of a license, permit, registration or certificate of
21 title of any person as hereinbefore referred to, the
22 Secretary of State, in his or her discretion and without the
23 necessity of a request by such person, may hold such a
24 hearing, upon not less than 10 days' notice in writing, in
25 the Counties of Sangamon, Jefferson, or Cook or in any other
26 county agreed to by the parties.
27 (c) Upon any such hearing, the Secretary of State, or
28 his authorized agent may administer oaths and issue subpoenas
29 for the attendance of witnesses and the production of
30 relevant books and records and may require an examination of
31 such person. Upon any such hearing, the Secretary of State
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1 shall either rescind or, good cause appearing therefor,
2 continue, change or extend the Order of Revocation or
3 Suspension, or upon petition therefore and subject to the
4 provisions of this Code, issue a restricted driving permit or
5 reinstate the license or permit of such person.
6 (d) All hearings and hearing procedures shall comply
7 with requirements of the Constitution, so that no person is
8 deprived of due process of law nor denied equal protection of
9 the laws. All hearings shall be held before the Secretary of
10 State or before such persons as may be designated by the
11 Secretary of State and appropriate records of such hearings
12 shall be kept. Where a transcript of the hearing is taken,
13 the person requesting the hearing shall have the opportunity
14 to order a copy thereof at his own expense.
15 (e) The action of the Secretary of State in suspending,
16 revoking or denying any license, permit, registration, or
17 certificate of title shall be subject to judicial review in
18 the Circuit Court of Sangamon County, in the Circuit Court of
19 Jefferson County, or in the Circuit Court of Cook County, and
20 the provisions of the Administrative Review Law, and all
21 amendments and modifications thereto, and the rules adopted
22 pursuant thereto, are hereby adopted and shall apply to and
23 govern every action for the judicial review of final acts or
24 decisions of the Secretary of State hereunder.
25 (Source: P.A. 89-145, eff. 7-14-95.)