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(510 ILCS 5/15.3)
Dangerous dog; appeal.
(a) The owner of a dog found to be a dangerous dog pursuant to this Act by
Administrator may file a complaint against the Administrator in the circuit
35 days of receipt of notification of the determination, for a de novo hearing
determination. The proceeding shall be conducted as a civil hearing pursuant to
Illinois Rules of Evidence and the Code of Civil Procedure, including the
provisions. After hearing both parties' evidence, the court may make a
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
Director may, within 14 days of receipt of notification of the determination,
administrative hearing to appeal the determination. The administrative hearing
conducted pursuant to the Department of Agriculture's rules applicable to
administrative proceedings, 8 Ill. Adm. Code Part 1, Subparts A and B. An
hearing shall make his or her request for a hearing to the Illinois Department
Agriculture. The final administrative decision of the Department may be
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
Administrative Review Law and all amendments and modifications thereof, and the
adopted thereto, apply to and govern all proceedings for the judicial review of
administrative decisions of the Department hereunder.
(c) Until the order has been reviewed and at all times during the appeal
the owner shall comply with the requirements set forth by the Administrator,
the court, or
(d) At any time after a final order has been entered, the owner may petition
circuit court to reverse the designation of dangerous dog.
(Source: P.A. 95-550, eff. 6-1-08