Section 8000.60  Denial and Withdrawal of Approval - Hearing

a)         Denial

1)         The Program Administrator shall deny the approval of:

A)        a course and Provider if the Program Administrator determines that such course does not meet or exceed the standards of the National Safety Council's Defensive Driving Course's 8 hour classroom safety instruction program [215 ILCS 5/143.29]; and

B)        a course and Provider or instructor who does not meet the requirements of this Part.

2)         The Program Administrator shall provide a written denial notice to the Provider or instructor that specifies the reasons for the denial.

3)         A Provider or instructor whose approval has been denied by the Program Administrator may request an administrative hearing to contest the denial with the Secretary of State’s Department of Administrative Hearings (see 92 Ill. Adm. Code 1001).

b)         Withdrawal

1)         Upon determination by the Program Administrator that an approved Provider or instructor is not in compliance with this Part, the Program Administrator shall provide written notice to the Provider, instructor, or both of the facts which support the determination and that approval of the Provider, instructor, or both will be withdrawn unless the Provider or instructor requests an administrative hearing with the Secretary of State’s Department of Administrative Hearings to contest the withdrawal within 35 days from the date of the written notice.

2)         An administrative hearing shall be held no later than 90 days after the hearing request is received by the Department of Administrative Hearings.

c)         The Administrative Review Law [735 ILCS 5/Art. III] shall apply to and govern all proceedings for the judicial review of the final administrative decision.

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)