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].