Section 1001.485  Reinstatement Application Based Upon Issuance of Drivers License in a State Which is a Member of the Driver License Compact

a)         A petitioner whose license is revoked in Illinois, is issued full driving privileges by a state that is a member of the Driver License Compact, and who requests reinstatement based upon that fact must request a hearing to apply for reinstatement to determine whether the license was properly issued.

b)         In determining whether the license was properly issued by the member state, the following factors shall be in issue:

1)         whether one year has passed from the effective date of the revocation;

2)         whether the petitioner disclosed to the issuing state that the individual's privileges were withdrawn by the State of Illinois at the time of the application for the license in the other state;

3)         whether the issuing state verified eligibility with the National Driver Register;

4)         whether Illinois issued a clearance authorization indicating that the petitioner is eligible for full driving privileges in Illinois;

5)         whether the issuing state complied with all other requirements of the Driver License Compact;

6)         such other issues as may be deemed relevant at the hearing.

c)         The burden of proof is upon the petitioner who must show by clear and convincing evidence that the license was properly issued by the member state.  Proof shall consist of the appropriate documents certified by the other state or jurisdiction.

d)         If the petitioner cannot show that the license was properly issued by the member state, then prior to any reinstatement of driving privileges, all of the provisions of this Part 1001 are applicable and must be complied with.

(Source:  Amended at 26 Ill. Reg. 9380, effective June 13, 2002)