Section 1847.7  Bond Forfeiture Hearings

a)         Time for request.  After receipt of bond forfeiture notification in accordance with 62 Ill. Adm. Code 1800.50(a)(1), the permittee may request a hearing.  The hearing must be requested within fifteen (15) days after the permittee's receipt of bond forfeiture notification.  If the permittee does not request a hearing within fifteen (15) days after receipt of the bond forfeiture notification, the Department shall issue a final administrative decision ordering forfeiture.  The Department's final administrative decision ordering bond forfeiture shall be transmitted to the Attorney General for collection at the expiration of the time to perfect administrative review pursuant to subsection (1).

b)         Bond forfeiture hearings shall be held at the Department's Springfield, Illinois office.

c)         Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

d)         Notice of hearing.  All parties shall be given written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 at least five (5) working days prior thereto.  Notice of the hearing shall also be posted at the Department's offices.

e)         Settlement agreement.  If a settlement agreement is entered into at any stage of the hearing process, the person to whom the bond forfeiture notification was issued will be deemed to have waived all right to further review of the bond forfeiture notification, except as otherwise expressly provided for in the settlement agreement.  The settlement agreement shall contain a waiver clause to this effect.

f)         Summary disposition.  Where the person to whom the bond forfeiture notification was issued fails to appear at the hearing, that person will be deemed to have waived his right to a hearing and the hearing officer may assume the truth of any facts alleged in the bond forfeiture notification.

g)         Burden of proof.  In bond forfeiture proceedings the Department shall have the burden of going forward to establish a prima facie case for bond forfeiture.  The ultimate burden of persuasion that the bond should not be forfeited shall rest with the permittee.

h)         Record of hearing.  A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically.  Such record shall be maintained and shall be available to the public until at least sixty (60) days after the final decision referred to in subsection (k) is issued.

i)          Within thirty (30) days after the close of the record for the bond forfeiture hearing, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the bond forfeiture determination.

j)          Within ten (10) days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated.  All parties shall have ten (10) days after service of written exceptions to file a response thereto with the hearing officer.  Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

k)         If no written exceptions are filed, the hearing officer's proposed decision shall become final ten (10) days after service of such decision. If written exceptions are filed, the hearing officer shall within fifteen (15) days following the time for filing a response thereto either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

l)          The Department's final administrative decision may be appealed in accordance with the Administrative Review Law  [735 ILCS 5/Art. III].

(Source:  Amended at 20 Ill. Reg. 1919, effective January 19, 1996)