Section 1230.70  Appeal

a)         An individual whose application for a Firearm Owner's Identification Card is denied or whose Firearm Owner's Identification Card is revoked may petition the Department for relief unless the denial or revocation was based upon a forcible felony, stalking, aggravated stalking, domestic battery, any violation of either the Illinois Controlled Substances Act or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon such denial or revocation.  

b)         Individuals who wish to request relief from the Department shall initiate such a request by providing written notice of this intention to the Department.

c)         Upon receiving written notice,  the Department shall investigate the circumstances surrounding the denial or revocation 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 surrounding the denial or revocation action, the Director may schedule a fact finding conference with the petitioner.

d)         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.

e)         The Director may provide relief as a result of the fact finding conference.

f)          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.

g)         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.

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

i)          In the event relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial.

(Source:  Amended at 27 Ill. Reg. 10308, effective June 26, 2003)