State of Illinois
92nd General Assembly
Legislation

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92_SB1907eng

 
SB1907 Engrossed                               LRB9215896DHgc

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Section 13B-40 as follows:

 6        (625 ILCS 5/13B-40)
 7        Sec. 13B-40.  Grievance procedure.  Any person  aggrieved
 8    by  a  decision regarding the failure of an emissions test or
 9    the denial of a waiver may file a petition  with  the  Agency
10    within  30  days  after the decision was made, and the Agency
11    shall thereupon investigate the matter. Within 45 days  after
12    the  its  receipt of the petition, the Agency shall submit to
13    the petitioner and any  affected  inspector  or  station  its
14    written  determination of the correctness or incorrectness of
15    the decision complained of. The  written determination  shall
16    include  a  statement  of the facts relied upon and the legal
17    and technical issues decided by  the  Agency  in  making  its
18    determination,  and  may  also include an order directing the
19    inspector (i) to issue an emission inspection certificate for
20    the vehicle effective on such date as the Agency may specify,
21    (ii) to reinspect the vehicle, (iii) to apply  the  standards
22    that  the  Agency has determined to be applicable, or (iv) to
23    take  any  other  action  that  the  Agency   deems   to   be
24    appropriate.  In conducting the investigation, the Agency may
25    require  the petitioner to present the vehicle for inspection
26    by  the  Agency  or  its  designated  agent.    The   written
27    determination  of  the  Agency  shall be subject to review in
28    circuit court  in  accordance  with  the  provisions  of  the
29    Administrative  Review  Law,  except that no challenge to the
30    validity of a rule adopted by the Board under subsection  (a)
31    of  Section 13B-20 shall be heard by the circuit court if the
 
SB1907 Engrossed            -2-                LRB9215896DHgc
 1    challenge could have been raised in  a  timely  petition  for
 2    review under Section 13B-20.
 3    (Source: P.A. 88-533.)

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