Section 553.10  Applicability

 

This Part shall set forth the minimum qualifications of formal, informal, and safety responsibility (SR) hearing officers for the Department of Administrative Hearings.

 

Section 553.20  Definitions

 

            "Chairperson" means the chairperson of the Illinois Medical Advisory Board.

 

            "Department" means the Department of Administrative Hearings, Office of the Secretary of State.

 

            "Formal Hearing Officer" means any person designated by the Secretary to preside at any formal hearing under Subpart A of 92 Ill. Adm. Code, Part 1001, other than a safety responsibility hearing, or any formal medical hearing under Subpart E of 92 Ill. Adm. Code, Part 1001, or any physician who is a member of the Illinois Medical Advisory Board who is selected by the chairperson to serve on the hearing committee for a formal medical hearing held under Subpart E of 92 Ill. Adm. Code, Part 1001.

 

            "Hearing committee" means the formal hearing officer and the three members of the board who conduct a formal medical hearing as set forth in 92 Ill. Adm. Code 1001.530.

 

            "Illinois Medical Advisory Board (Board)" means a panel consisting of at least 9 physicians appointed by the Secretary pursuant to Section 6-902 of the Driver License Medical Review Law of 1992 (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 6-902) [625 ILCS 5/6-902].

 

            "Informal Hearing Officer" means any person designated by the Secretary to preside at any informal hearing under Subpart C of 92 Ill. Adm. Code, Part 1001.

 

            "Secretary" means the Illinois Secretary of State or his/her designee.

 

            "SR Hearing Officer" means any person designated by the Secretary to preside at any safety responsibility (SR) hearing under Subpart B of 92 Ill. Adm. Code, Part 1001.

 

Section 553.30  Formal Hearing Officer Qualifications

 

a)         Every hearing officer presiding over formal hearings must meet the following educational and/or experience requirements:

 

1)         The completion of four (4) years of college, preferably with courses in pre-law, psychology, communications, counseling or legal studies, at an accredited institution resulting in graduation and the receipt of a diploma; or

 

2)         The completion of three (3) years of paraprofessional or technical experience in dealing with laws, rules and regulations pertaining to driving privileges.

 

b)         Every hearing officer presiding over formal hearings must possess the following knowledge, skills and abilities:

 

1)         extensive knowledge of the English language, including composition and grammar;

 

2)         working knowledge of the Illinois Vehicle Code and the administrative rules and regulations promulgated by the Department as they relate to the issuance and loss of driving privileges, and where applicable, vehicle title and registration statutes and regulations;

 

3)         working knowledge of standard office practices and procedures;

 

4)         working knowledge of oral and written communications and their application to technical and legal subject matter;

 

5)         working knowledge and understanding of administrative hearings and procedures;

 

6)         working knowledge of the effects of alcohol and other drugs on an individual's ability to operate a motor vehicle;

 

7)         working knowledge of substance abuse problems, including alcoholism and other drug dependency, as well as the generally recognized approaches that are utilized to address such problems;

 

8)         ability to deal tactfully with the general public, attorneys, and service providers;

 

9)         ability to prepare organized and concise written material utilizing technical and legal terminology;

 

10)         ability to analyze and interpret laws, rules and policies and logically apply them to cases under review;

 

11)         ability to conduct formal hearings and obtain and analyze necessary evidence;

 

12)         an elementary knowledge of the law of evidence;

 

13)         possession of a valid Illinois driver's license.

 

c)         Every member of the board who serves on the hearing committee at a formal medical hearing must be licensed to practice medicine in all its branches in the State of Illinois.

 

Section 553.40  Informal Hearing Officer Qualifications

 

a)         Every hearing officer presiding over informal hearings must meet the following educational and/or experience requirements.

 

1)         Possess the knowledge, skill and mental development equivalent to the completion of two (2) years of college, preferably with courses in public administration, business administration, communications, counseling; or

 

2)         The completion of two (2) years of paraprofessional or technical experience in dealing with laws, rules and regulations pertaining to driving privileges.

 

b)         Every hearing officer presiding over informal hearings must possess the following knowledge, skills and abilities:

 

1)         working knowledge of the English language, including composition and grammar;

 

2)         working knowledge of the Illinois Vehicle Code and the administrative rules and regulations promulgated by the Department as they relate to the issuance and withdrawal of driving privileges;

 

3)         working knowledge of standard office practices and procedures;

 

4)         working knowledge of the effects of alcohol and other drugs on an individual's ability to operate a motor vehicle;

 

5)         working knowledge of substance abuse problems, including alcoholism and other drug dependency, as well as the generally recognized approaches that are utilized to address such problems;

 

6)         ability to effectively communicate technical information both orally and in writing;

 

7)         ability to deal tactfully with the general public, attorneys, and service providers;

 

8)         ability to prepare concise and factual reports on informal hearing findings;

 

9)         ability to conduct informal hearings and obtain and analyze necessary information;

 

10)         possession of a valid Illinois driver's license.

 

Section 553.50  SR Hearing Officer Qualifications

 

a)         Every hearing officer presiding over SR hearings must meet the following educational and/or experience requirements:

 

1)         Possess the knowledge, skill and mental development equivalent to the completion of three (3) years of college, preferably with courses in public administration, business administration, communications, counseling; or

 

2)         The completion of two (2) years of paraprofessional or technical experience in dealing with safety and financial responsibility laws, rules and regulations.

 

b)         Every hearing officer presiding over SR hearing must possess the following knowledge, skills and abilities:

 

1)         working knowledge of the English language, including composition and grammar;

 

2)         working knowledge of the Illinois Vehicle Code and the administrative rules and regulations promulgated by the Department as they relate to the safety and financial responsibility law;

 

3)         working knowledge of standard office practices and procedures;

 

4)         ability to deal tactfully with the general public, attorneys or other petitioner representatives;

 

5)         ability to prepare concise and factual reports or orders on hearings or case review findings;

 

6)         ability to conduct a formal hearing and obtain and analyze necessary evidence;

 

7)         an elementary knowledge of the law of evidence;

 

8)         ability to effectively communicate both orally and in writing;

 

9)         possession of a valid Illinois driver's license.

 

Section 553.60  Disqualification of Hearing Officers

 

a)         formal hearing officers:  handled in accordance with the provisions found at 92 Ill. Adm. Code 1001.100(b).

 

b)         sr hearing officers:  handled in accordance with the provisions found at 92 Ill. Adm. Code 1001.220(f).

 

c)         informal hearing officers:  not subject to disqualification as informal hearings are not contested cases which result in a final, appealable order.