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91_SB1630eng SB1630 Engrossed 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, ineitherthe 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 SB1630 Engrossed -2- LRB9113084DHpr 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.)