TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1200 GENERAL HEARING PROCEDURES
SECTION 1200.30 REVIEW PROCEDURES


 

Section 1200.30  Review Procedures

 

a)         An individual who contests a Department action, or contemplated action, for which there is a right to appeal may petition for relief by providing written notice of this intention to the Department.

 

b)         Upon receiving a petition for relief, the Department shall investigate the circumstances surrounding the action; and if the Director is satisfied that substantial justice has not been done, the Director may grant relief.  In the event the Director desires additional information concerning the circumstances of the action, the Director may schedule a fact-finding conference with the petitioner or otherwise further investigate.

 

c)         At a fact-finding conference, the petitioner may be represented by counsel or any other person and may present any evidence or information relating to the Department's action.

 

d)         The Director may provide relief as a result of a fact-finding conference or as the result of further investigation.

 

e)         If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may petition for a hearing.

 

f)         The administrative law judge for contested hearings shall be the Director or an attorney licensed to practice law in Illinois appointed by the Director.  The administrative law judge may be disqualified for bias or conflict of interest.

 

g)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge.