(625 ILCS 5/3-704.2)
Sec. 3-704.2. Failure to satisfy fines or penalties for toll violations or
evasions; suspension of vehicle registration.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend
the vehicle registration of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's vehicle
registration will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6-211 of this Code.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's |
| license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
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(2) A statement that the Authority sent a notice of
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| impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a-5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee of
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| the vehicle or vehicles receiving 5 or more toll violation or toll evasion notices on the date or dates the notices were issued; or
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(2) the person having already satisfied the fines or
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| penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a-5) of Section 10 of the Toll Highway Act shall state, in clear and unambiguous language, the consequences of
failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2-123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 101-623, eff. 7-1-20 .)
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