Section 3500.100  Definitions

Terms defined in the O'Hare Driver Safety Act [625 ILCS 80] have the same meanings when used in this Part.  The following additional definitions also apply to this Part unless the context clearly requires a different meaning:

"Act" means O'Hare Driver Safety Act [625 ILCS 80].

"Civil Penalty" means a monetary fine imposed as a non-criminal punishment for violating the Act.

"Director" means the Director of the Illinois State Police.

Section 3500.110  Related Statutes

a)         The Illinois Vehicle Code [625 ILCS 5].

b)         The Administrative Review Law [735 ILCS 5/Art. III].

c)         The Illinois Administrative Procedure Act [5 ILCS 100].

Section 3500.200  Procurement and Installation of Automated Traffic Safety Systems

The Illinois State Police shall procure, install, and maintain all equipment associated with the automated traffic safety system under this Act. The Illinois State Police will determine which routes within a one-half mile radius of the eastern entrance to O'Hare International Airport and the intersection of Interstate 90 and Interstate 294 will be equipped with the automated traffic safety devices. Once the routes have been identified, the Illinois State Police will work with the appropriate highway agencies to post signage visible to the motoring public indicating that stopping or standing along the route is prohibited and that the route is being monitored by an automated traffic safety system. [625 ILCS 80/15]

Section 3500.210  Recorded Image Usage

If an alleged violator contests the notice of violation issued under this Act, the recorded image shall be admissible as evidence in any administrative hearing held pursuant to this Act.

Section 3500.220  Establishment of the Website

The Illinois State Police shall establish a link accessible through the Illinois State Police webpage at isp.illinois.gov which will allow the alleged violator access to view the recorded images captured by the automated traffic safety system.

Section 3500.300  Civil Penalty and Fine

A person who violates this Act shall be subject to a $100 fine for each offense. [625 ILCS 80/25]

Section 3500.400  Notice of Violation

a)         The Illinois State Police shall issue written notice of a violation of this Act recorded by an automated traffic safety system to the registered owner of the vehicle as the alleged violator. Notice shall be mailed to the registered owner within 30 days after identifying the registered owner.  In no event shall the notice be mailed more than 90 days after the violation.

b)         The notice shall include:

1)         the name and address of the registered owner of the vehicle;

2)         the registration number of the motor vehicle involved in the violation;

3)         the violation charged;

4)         the location where the violation occurred;

5)         the date and time of the violation;

6)         a copy of the recorded images;

7)         the amount of the civil penalty imposed and the date by which the civil penalty must be paid;

8)         a statement that recorded images are evidence of a violation of stopping or standing in a restricted area;

9)         a warning that failure to pay the civil penalty, to petition the Illinois State Police to review the violation, or to request an administrative hearing to contest the violation is an admission of liability;

10)       a statement that the person may elect to proceed by:

A)        paying the fine; or

B)        petitioning the Illinois State Police to review the violation; and

11)       a website address, accessible through the Internet, where the person may view the recorded images of the violation. [625 ILCS 80/25]

c)         Along with the notice, the Illinois State Police will send the alleged violator a "Petition to Review Violation – O'Hare Driver Safety" form. The "Petition to Review Violation – O'Hare Driver Safety" form may also be found on the Illinois State Police webpage under the Forms tab.

Section 3500.410  Petition for Review

a)         When the Illinois State Police sends the Notice of Violation, a "Petition to Review Violation – O'Hare Driver Safety" form will be included. The alleged violator will have 30 business days from the date the Notice of Violation was received to petition the Illinois State Police to review the violation. The notification shall be deemed received on the third business day after it was mailed by the Illinois State Police. The petition for review shall include any supporting evidence and documentation.

b)         If the alleged violator does not petition the Illinois State Police within 30 business days after receiving the Notice of Violation, no further review will be permitted.

c)         If the alleged violator submits a completed petition, as well as any supporting evidence and documentation, the Illinois State Police will, within 30 days of receipt, review the petition and documentation and act on the petition as follows:

1)         If there is sufficient information to warrant dismissal of the violation, the Illinois State Police will dismiss the violation and send a letter to the alleged violator advising of the dismissal.

2)         If there is insufficient information to warrant dismissal of the violation, the Illinois State Police will mail a letter notifying the alleged violator that the violation was not dismissed and include with the response a "Request for Hearing – O'Hare Driver Safety" form advising the alleged violator that they may request an administrative hearing within 30 days after the receipt of the notification. The notification shall be deemed received on the third business day after it was mailed by the Illinois State Police. The "Request for Hearing – O'Hare Driver Safety" form may also be found on the Illinois State Police webpage under the Forms tab.

Section 3500.420  Administrative Review

a)         Request For Hearing.

Prior to requesting an administrative hearing, the alleged violator must submit a petition for review as set forth in Section 3500.410. If the petition for review is denied, the alleged violator shall submit the "Request for Hearing – O'Hare Driver Safety" form challenging the denial of the petition for review within 30 days after the date of the Illinois State Police's denial letter.

b)         Hearings.

1)         If the alleged violator requests an administrative hearing within 30 days after receiving notice as set forth in Section 3500.410(c), an administrative law judge, appointed by the Director, shall conduct the hearing;

2)         The administrative law judge shall determine the date and time of the hearing. All hearings shall be conducted remotely via video or telephone conferencing;

3)         Failure of the alleged violator to appear on the date set for hearing or to proceed as ordered by the administrative law judge shall constitute a default by the alleged violator;

4)         Alleged violators may be represented by counsel and may present evidence related to the charges;

5)         The administrative law judge may consider in defense of the charge that the motor vehicle, or registration plates of the motor vehicle, were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;

6)         The administrative law judge shall issue a recommendation regarding the charged violation to the Director within 45 days after conclusion of the hearing. The recommendation shall be in writing and shall include all relevant findings of fact based upon the evidence presented at the hearing; and

7)         The Director shall be provided with a copy of the entire record, including, but not limited to, the recommendation of the administrative law judge, and shall issue a final administrative decision regarding the violation within 30 days after receiving the record.

8)         The final administrative decision regarding the violation is subject to judicial review pursuant to the Administrative Review Law  [735 ILCS 5/Art. III].