TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.110 APPLICABILITY
Section 450.110
Applicability
This Part herein published by
the Department of Transportation, Division of Traffic Safety, Bureau of Safety
Programs, Commercial Vehicle Safety Section, shall govern the practices and
procedures of all hearings conducted by the Division of Traffic Safety, Bureau
of Safety Programs, Commercial Vehicle Safety Section.
(Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994)
 | TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.120 DEFINITIONS
Section 450.120 Definitions
As used herein, the following
terms shall be defined as follows:
The term "Act" means the Illinois Vehicle Code
(Ill. Rev. Stat. 1991, ch. 95½, pars. 1-1 et seq.) [625 ILCS 5];
The term "Department" means the Department of
Transportation of the State of Illinois;
The term "Hearing Officer" means a person duly
qualified and designated as a hearing officer under Section 450.230 of this
Part;
The term "Permit" means a grant of privilege to a
person by the Department of Transportation to operate an Official Testing
Station as set forth in Section 13-103 of the Act (Ill. Rev. Stat. 1991, ch.
95½, par. 13-103) [625 ILCS 5 /13-103];
The term "Person" means any person defined in Section
1-159 of the Act (Ill. Rev. Stat. 1991, ch. 95½, par. 1-159) [625 ILCS
5/1-159];
The term "Regulations" means the published rules
and regulations promulgated by the Department of Transportation, Division of
Traffic Safety, Bureau of Safety Programs, Commercial Vehicle Safety Section,
relating to the lawful, proper operation of an Official Testing Station;
The term "Secretary" means the Secretary of the
Department of Transportation;
The term "Testing Station" means any official,
certified vehicular testing station as set forth in Section 13-103 of the Act.
(Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.130 FILING
Section 450.130 Filing
Documents required to be filed
with the Department of Transportation shall be addressed to and mailed to or
filed with the Director, Division of Traffic Safety, Department of
Transportation, P.O. Box 19212, 3215 Executive Park Drive Springfield, Illinois
62794-9212.
(Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.140 FORM
Section 450.140 Form
a) Except as may otherwise be provided herein, two (2) copies of
all documents including complaints, motions, petitions and notices of appeal
shall be filed with the Director of the Division of Traffic Safety and shall
bear the docket number and the title of the proceeding in connection with which
they are filed.
b) All documents shall be typewritten or reproduced from
typewritten copy on unglazed white paper measuring 8½" x 11", and
shall be signed by the party making such filing or his authorized representative
or attorney.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.150 APPEARANCES
Section 450.150 Appearances
Any person either involved in or
entitled to participate in proceedings may appear as follows:
a) A natural person may appear in his own behalf or by an
attorney at law licensed to practice in the State of Illinois, or both;
b) A business, non-profit or governmental organization may appear
by any officer, employee, or representative, or may be represented by an
attorney licensed to practice in the State of Illinois, or both;
c) Any attorney appearing in a representative capacity shall file
a written notice of appearance.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.160 COMPLAINT RELATING TO VIOLATIONS OF THE ACT OR OF THE REGULATIONS
Section 450.160 Complaint
Relating to Violations of the Act or of the Regulations
Complaints shall be delivered in
writing either personally or by certified United States Mail to the person,
business, corporation, or agency charged with responsibility for such
violation. Certification of any safety lane may not be withdrawn unless the person,
agency, business or corporation operating said safety lane is granted a hearing
in conformance with Section 13-108 of the Act or unless said safety lane
operator voluntarily waives a hearing within twenty (20) days from the date
notice of the violation is given to the operator by the Department.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.170 FILING OF RESPONSIVE PLEADINGS
Section 450.170 Filing of
Responsive Pleadings
Responsive pleadings in answer
to the notice and complaint which have been filed and served upon a party
defendant in accordance with Section 450.160 shall be filed with the Director
of the Division of Traffic Safety of the Department of Transportation.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.180 WAIVER OF HEARING
Section 450.180 Waiver of
Hearing
Persons not desiring a hearing
on the issues or charges alleged in the complaint, but who do not wish to be
found in default on the complaint, may file a voluntary waiver of hearing
setting forth the fact of the waiver.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.190 EFFECT OF WAIVER OF HEARING
Section 450.190 Effect of
Waiver of Hearing
Persons filing a voluntary
waiver of hearing may subject themselves to a ruling by the Secretary resulting
in a suspension or revocation of their permit subject to the discretion of the
Secretary after all the allegations have been reviewed by the Secretary.
SUBPART B: HEARINGS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.210 NOTICE
Section 450.210 Notice
Notice of violation of either
the Act or the regulations shall be given in a manner prescribed by Section
13-108 of the Act and will be a part of the Illinois Uniform Citation &
Complaint form, referred to herein below (See Appendix), and shall include a time
and place for hearing, which shall be at a time not less than thirty (30) days
after the date on which notice was received by the respondent.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.220 PLACE OF HEARINGS
Section 450.220 Place of
Hearings
Hearings for alleged
violation(s) of either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e)
or both occurring in Boone, Bureau, Carroll, Cook, DeKalb, DuPage, Grundy,
Henry, Jo Daviess, Kane, Kankakee, Kendall, Lake, LaSalle, Lee, McHenry, Ogle, Rock
Island, Stephenson, Whiteside, Will, and Winnebago Counties shall be held at
the offices of the Department at 201 West Center Court, Schaumburg, Illinois.
Hearings for alleged violation(s) of either the Act or 92 Ill. Adm. Code,
Chapter I, Subchapter (e) or both occurring in Alexander, Clay, Clinton,
Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson,
Lawrence, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland,
Saline, St. Clair, Union, Wabash, Washington, Wayne, White and Williamson
Counties shall be held at the offices of the Department at 2801 West
Murphysboro Road, Carbondale, Illinois. Hearings for alleged violation(s) of
either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e) or both
occurring in any other county shall be held at the Department's offices located
at 3215 Executive Park Drive, Springfield, Illinois.
(Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.230 HEARING OFFICER
Section 450.230 Hearing
Officer
The hearing officer, who shall
be appointed in accordance with the Act by the Secretary of Transportation,
shall conduct all hearings and take any and all necessary action to avoid
delay, maintain order, and to insure development of a complete record. He shall
have all the powers necessary but not limited to the following:
a) Require prior submission of expert testimony and exhibits in
writing;
b) Require all parties to state their position with respect to
the complaint;
c) Administer oaths and affirmations;
d) Examine witnesses and direct witnesses to testify;
e) Regulate the course of the hearing;
f) Rule on all matters of evidence and procedure and make
findings of fact and law;
g) Issue subpoenas to compel attendance of a witness at a hearing;
h) Make a finding of fact and law which shall become a part of
the record and which shall be forwarded to the Secretary for final disposition.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.240 TRANSCRIPT
Section 450.240 Transcript
Any and all testimony of
whatever nature shall be recorded by a certified court reporter and shall be
recorded verbatim.
SUBPART C: COMPLAINT
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.310 NOTICE
Section 450.310 Notice
All proceedings undertaken by
the Department shall be commenced by the service of a notice and complaint upon
all respondents and the filing of copies of said notices of complaint with the
Director; providing, however, all filings are to be made within the times
hereinabove set forth.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.320 CONTENTS OF COMPLAINT
Section 450.320 Contents of
Complaint
The complaint shall be in the
form provided by the Illinois Uniform Citation and Complaint form, and shall
contain:
a) A statement of the date, time and location where the hearing
shall be held;
b) A reference to the provisions of the Act or the regulations of
which the respondents are alleged to be in violation;
c) A statement of the relief which the complainant seeks.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.330 MOTIONS AND ANSWERS
Section 450.330 Motions and
Answers
Any respondent may file an
answer not later than ten (10) days prior to the date of the hearing. All
motions preliminary to a hearing shall be presented to the Director at least
ten (10) days prior to the date of said hearing except when said time requirement
is excused by the Director.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.340 MOTIONS TO BE IN WRITING
Section 450.340 Motions to
be in Writing
All motions shall be in writing
and be accompanied by any affidavits or other evidence relied upon in said
motion unless the motion is made orally on the record during the course of a
hearing.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.350 APPEARANCE
Section 450.350 Appearance
A respondent may participate in
the proceedings without forfeiting any jurisdictional objection, if such
objection is raised at or before the time the respondent files his initial
pleading or motion, or, if no pleading or motion is made, before the commencement
of a hearing; otherwise appearance either for purposes of motions or otherwise
pleading shall subject the respondent to the full jurisdiction of the hearing
officer.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.360 INTERVENTION
Section 450.360 Intervention
Upon timely written application,
the hearing officer shall allow any person to intervene in a revocation or
suspension proceeding, subject to the necessity for conducting an orderly and
expeditious hearing, when either of the following conditions is met:
a) When the applicant is so situated that he may be adversely
affected by a final order of the Secretary;
b) When an applicant's claim or defense and the hearing
proceeding have a question of law or fact.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.370 FILING
Section 450.370 Filing
Two (2) copies of a Petition for
Intervention shall be filed with the Director and one (1) copy served on each
party not later than forty-eight (48) hours prior to the date set for hearing
of the matters set forth in the complaint. The hearing officer may permit a
later intervention when there is good cause for the delay.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.380 RIGHTS
Section 450.380 Rights
Upon receiving permission by the
hearing officer to act as intervenor, the intervenor shall enjoy any and all
rights inuring to an original party in the hearing provided, however, that the
hearing officer may order the intervenor to be bound by any rulings made by the
hearing officer prior to the time of intervention which may affect the issues
to be considered after the hearing.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.390 CONTINUANCES
Section 450.390 Continuances
All motions for continuances
must be made in writing and shall be granted where the hearing officer is
satisfied that to deny a motion for continuance would result in an inequitable
and unreasonable hardship to the movant.
SUBPART D: PROCEDURE IN HEARINGS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.410 ORDER OF HEARINGS
Section 450.410 Order of
Hearings
All hearings shall proceed in
the following order:
a) Opening statements by the parties with the complainant having
the right to open;
b) The complainant's case in chief;
c) The respondent's case in chief;
d) Complainant's rebuttal case;
e) Respondent's closing arguments;
f) Complainant's closing arguments.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.420 DISCOVERY
Section 450.420 Discovery
a) Upon written motion by any party, the hearing officer, in
order to allow each party a fair opportunity to prepare for the hearing, shall
allow discovery of the following:
1) Production of any documents including business records
relating to the issues in the complaint;
2) Depositions of any parties or witnesses;
3) Written interrogatories of any parties or witnesses.
b) All depositions or interrogatories may be used for purposes of
impeachment and as admissions of the deposed or interrogated party. Where a
party or a witness is unable to attend the hearing for a good cause such as
age, infirmity, absence from the country, or for any other good cause being
shown, the parties may move the hearing officer to allow depositions of
interrogatories to be used as evidence.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.430 DEFAULT
Section 450.430 Default
Where there has been proper
notice of a hearing, the failure of any party to appear at the appointed time
set for hearing, or the failure of any party to properly plead after due notice
has been given, shall subject the party to be ruled in default by the hearing
officer. Upon good cause being shown, however, within thirty (30) days of the
entry of a default upon any party, the hearing officer, after due consideration
of the grounds excusing the defaulted party, may order the default judgement to
be vacated and set aside, and may order a new hearing.
SUBPART E: FILING OF ORDER
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.510 FINAL ORDERS
Section 450.510 Final Orders
Upon the hearing of all of the
evidence and upon due consideration of any and all motions filed, and after
being fully advised in the premises, the hearing officer shall make a full and
complete written finding of fact and law. Said finding, which shall be set
forth as the hearing officer's findings and recommendations, together with the
verbatim transcript of the proceedings, shall be filed within thirty (30) days
after the receipt of transcript by the hearing officer with the Secretary. The
Secretary shall then make a final determination of the issues involved and
shall within twenty (20) days after receipt of the hearing officer's opinion
inform all parties in writing of his determination. Said determination shall
constitute a final order. A copy of the verbatim transcript and hearing
officer's findings and recommendations shall accompany the final order
furnished all parties of record.
SUBPART F: GENERAL RULES
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.610 VIEW OF TESTING STATION
Section 450.610 View of
Testing Station
Upon the timely motion of any
party or upon the hearing officer's own motion, the hearing officer may view
the official testing station which is the subject of the complaint.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.620 JUDICIAL NOTICE
Section 450.620 Judicial
Notice
Judicial notice may be taken of
any and all facts which may be normally allowed if taken in a Circuit Court of
the State of Illinois and which are within the knowledge and experience of the
hearing officer.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.630 SUBPOENA
Section 450.630 Subpoena
Upon timely application to the
Director by any party, or on the motion of the hearing officer, the hearing
officer may issue a subpoena for attendance at a hearing held under these
rules, as well as at a deposition held pursuant to these rules which deposition
may include an order to produce books, records or other tangible items of an
evidentiary nature necessary to the disposition of the issues raised in the
complaint; provided, however, that upon a showing of the unreasonableness or
irrevelancy of a subpoena which may be quashed by the hearing officer.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.640 APPEAL
Section 450.640 Appeal
Appeal of any final order
entered by the Secretary shall be made in accordance with the Administrative
Review Law of the State of Illinois (Ill. Rev. Stat. 1981, ch. 110, par. 3-101
et seq.).
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 450
COMMERCIAL VEHICLE SAFETY SECTION HEARINGS
SECTION 450.APPENDIX A ILLINOIS CITATION AND COMPLAINT
Section 450.APPENDIX A
Illinois Citation and Complaint
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C/C
No. 1753
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#1
COMPLAINT
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VEHICLE
INSPECTION COPY
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Hearing Docket No.
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State of Illinois
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County of
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City or Township of
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People of the State of
Illinois, Plaintiff v.
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Name
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Defendant
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Certified Mechanic
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Owner/Operator
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Lane Name
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Address
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City & State
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Veh. Test. Station No.
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Certified Mechanic Permit No.
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The undersigned says that on
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a.m./p.m. defendant did
unlawfully:
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Violate Section
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of the Illinois Vehicle Code
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in that he:
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Violate Section
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of the Illinois Rules &
Regulations Inspection
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Manual in that he:
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Dated
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Inspector's Signature
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I.D. Number
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If you choose to appear to
answer to the above charges, report to:
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In the event I fail to appear,
I hereby consent to the entry of an exparte judgment against me and
assessment of whatever fines or determination may be assessed against me.
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Signature
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AUTHORITY: Implementing and authorized by Section 13-108 of the Illinois Vehicle Code [625 ILCS 5/13-108].
SOURCE: Amended March 4, 1976; codified at 7 Ill. Reg. 2744; amended at 18 Ill. Reg. 14758, effective September 20, 1994.
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