Section 2530.260  Computation of Suspension Period

All offenses shall be classified by type and by group for computation of points.

a)         For Type I offenses, any person who, within an 18 month period, accumulates 13 or more points in a single group as set out in Section 2530.250 shall have all commercial/business licenses, permits and stamps relevant to that group revoked, and the person's privilege to engage in those activities  shall be suspended for a period of time that equals one month for each point accumulated.  All accumulated points shall remain in effect for 18 months from the date of the arrest that resulted in the point accumulation and shall not be removed or reduced by a period of suspension.  Any second or subsequent suspension imposed upon an individual shall be served consecutively to any earlier suspension, if still in effect, commencing on the date the earliest suspension expires.

1)         Example:  An individual operates as a commercial game bird breeder and a migratory waterfowl hunting area, and is found guilty of violations relating to his/her commercial game bird breeding operation, resulting in points sufficient to result in revocation/suspension.  A revocation shall be imposed upon both the individual's game bird breeding license and his/her migratory waterfowl hunting area permit, and the person's privilege to obtain any Type I license under the Wildlife Code is suspended for the appropriate period of time.

2)         Example:  Found guilty of no taxidermy license, possession of untagged specimens and failure to keep proper records (a Class B Misdemeanor and 2 Petty Offenses) as a result of a single incident.  No revocation/suspension imposed, 11 points assessed (9+1+1).

3)         Example:  Found guilty of same violations as in subsection (a)(1) (a Class B Misdemeanor and 2 Petty Offenses), but on different dates.  Revocation/suspension shall be imposed, as full 15 points apply (9+3+3).

4)         Example:  Found guilty of buying timber without a license and failure to pay harvest fees (both Class A Misdemeanors, 12 points each). Revocation/suspension imposed, regardless of whether findings are the result of a single incident or separate occurrences, 24 points applied.

b)         For Type II offenses:  Any person who, within a 36 month period, accumulates 13 or more points in a single group as set out in Section 2530.250 shall have all licenses, permits and stamps relevant to that type and group revoked, and the person's privilege to engage in the activity covered by the type and group shall be suspended for a period of time that equals one month for each point accumulated.  Lifetime licenses issued pursuant to 515 ILCS 5-20-45(f) shall only be revoked for felony violations or for violations committed during a period of suspension.  The privileges of lifetime license holders shall be suspended, however, in accordance with the provisions of this Section.  All accumulated points shall remain in effect for 36 months from the date of the arrest that resulted in the point accumulation and shall not be removed or reduced by a period of suspension.  Any second or subsequent suspension imposed upon an individual shall be served consecutively to any earlier suspension, if still in effect, commencing on the date the earliest suspension expires.

1)         Example:  Found guilty of hunting by use of lights from a vehicle (Class A Misdemeanor) and taking an over limit of quail (petty offense) – hunting license, trapping license, migratory waterfowl stamp and habitat stamp revoked – Type II privileges authorized under Group A suspended for 15 months from date of notice.

2)         Example:  Found guilty of a Class B Misdemeanor under the Wildlife Code and a Class B Misdemeanor under the Fish Code – no revocation or suspension as there is no 13 point accumulation in any one group.

3)         Example:  Person in subsection (b)(1) completes 15 month suspension; two months later (less than 36 months from first violation) the person again hunts by use of lights from a vehicle, for which person is found guilty – appropriate licenses and stamps revoked and person suspended for 27 months (15+12).

4)         Example:  Found guilty of two Class B Misdemeanors (normally 9 points each) under the Wildlife Code for violations arising out of a single incident – due to Single Incident Rule, reduced points are assessed (9+3) and no suspension is imposed.

5)         Example:  Person in subsection (b)(1) is found guilty of a violation under the Wildlife Code that occurred during the time that the person's privileges were suspended – 60 additional points assessed and a second suspension is imposed, to run consecutively after the first suspension (75 months total).

(Source:  Amended at 32 Ill. Reg. 17481, effective October 24, 2008)