State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0823

SB1630 Enrolled                                LRB9113084DHpr

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 2-118.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Section 2-118 as follows:

    (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
    Sec. 2-118.  Hearings.
    (a)  Upon  the  suspension,  revocation  or denial of the
issuance of a license, permit, registration or certificate of
title under this Code of any person the  Secretary  of  State
shall  immediately notify such person in writing and upon his
written request shall, within 20 days after receipt  thereof,
set  a date for a hearing and afford him an opportunity for a
hearing as early  as  practical,  in  either  the  County  of
Sangamon,  the County of Jefferson, or the County of Cook, as
such person may specify, unless both parties agree that  such
hearing may be held in some other county.
    (b)  At  any  time  after  the  suspension, revocation or
denial of a license, permit, registration or  certificate  of
title   of  any  person  as  hereinbefore  referred  to,  the
Secretary of State, in his or her discretion and without  the
necessity  of  a  request  by  such  person,  may hold such a
hearing, upon not less than 10 days' notice  in  writing,  in
the  Counties of Sangamon, Jefferson, or Cook or in any other
county agreed to by the parties.
    (c)  Upon any such hearing, the Secretary  of  State,  or
his authorized agent may administer oaths and issue subpoenas
for  the  attendance  of  witnesses  and  the  production  of
relevant  books and records and may require an examination of
such person. Upon any such hearing, the  Secretary  of  State
shall  either  rescind  or,  good  cause  appearing therefor,
continue,  change  or  extend  the  Order  of  Revocation  or
Suspension, or upon petition therefore  and  subject  to  the
provisions of this Code, issue a restricted driving permit or
reinstate the license or permit of such person.
    (d)  All  hearings  and  hearing  procedures shall comply
with requirements of the Constitution, so that no  person  is
deprived of due process of law nor denied equal protection of
the  laws. All hearings shall be held before the Secretary of
State or before such persons as  may  be  designated  by  the
Secretary  of  State and appropriate records of such hearings
shall be kept. Where a transcript of the  hearing  is  taken,
the  person requesting the hearing shall have the opportunity
to order a copy thereof at his  own expense.
    (e)  The action of the Secretary of State in  suspending,
revoking  or  denying  any  license, permit, registration, or
certificate of title shall be subject to judicial  review  in
the Circuit Court of Sangamon County, in the Circuit Court of
Jefferson County, or in the Circuit Court of Cook County, and
the  provisions  of  the  Administrative  Review Law, and all
amendments and modifications thereto, and the  rules  adopted
pursuant  thereto,  are hereby adopted and shall apply to and
govern every action for the judicial review of final acts  or
decisions of the Secretary of State hereunder.
(Source: P.A. 89-145, eff. 7-14-95.)