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(510 ILCS 5/15.3)
Sec. 15.3. Dangerous dog; appeal.
(a) The owner of a dog found to be a dangerous dog pursuant to this Act by
an
Administrator may file a complaint against the Administrator in the circuit
court within
35 days of receipt of notification of the determination, for a de novo hearing
on the
determination. The proceeding shall be conducted as a civil hearing pursuant to
the
Illinois Rules of Evidence and the Code of Civil Procedure, including the
discovery
provisions. After hearing both parties' evidence, the court may make a
determination of
dangerous dog if the Administrator meets his or her burden of proof of a preponderance of the evidence. The final order of the circuit court may be appealed
pursuant to the
civil appeals provisions of the Illinois Supreme Court Rules.
(b) The owner of a dog found to be a dangerous dog pursuant to this Act by
the
Director may, within 14 days of receipt of notification of the determination,
request an
administrative hearing to appeal the determination. The administrative hearing
shall be
conducted pursuant to the Department of Agriculture's rules applicable to
formal
administrative proceedings, 8 Ill. Adm. Code Part 1, Subparts A and B. An
owner
desiring
a
hearing shall make his or her request for a hearing to the Illinois Department
of
Agriculture. The final administrative decision of the Department may be
reviewed
judicially by the circuit court of the county wherein the person resides or, in
the case of a
corporation, the county where its registered office is located. If the
plaintiff in a review
proceeding is not a resident of Illinois, the venue shall be in Sangamon
County. The
Administrative Review Law and all amendments and modifications thereof, and the
rules
adopted thereto, apply to and govern all proceedings for the judicial review of
final
administrative decisions of the Department hereunder.
(c) Until the order has been reviewed and at all times during the appeal
process,
the owner shall comply with the requirements set forth by the Administrator,
the court, or
the Director.
(d) At any time after a final order has been entered, the owner may petition
the
circuit court to reverse the designation of dangerous dog.
(Source: P.A. 95-550, eff. 6-1-08.)
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