Sec. 1100.35 - Revocation of Plates and Decals or Devices

ยง 1100.35. Revocation of Plates and Decals or Devices

a) Upon receipt of a written complaint that a person with disabilities plate or decal or device is being used by a person not entitled to the plate, decal or device, the Secretary shall attempt to verify the license plate or decal or device owner's eligibility for the plate or decal or device.

b) In determining eligibility, the Secretary shall notify the license plate or decal or device owner that the complaint has been received regarding the misuse of the license plate or decal or device. If the complaint is related to a metered-exempt parking decal or device, the Secretary shall also request that the license plate or decal or device owner submit an updated certification by a competent medical specialist that the owner is disabled as defined by IVC Section 11-1301.2(c-5) and Section 1100.5 of this Part.

1) If the competent medical specialist chosen by the license plate/decal or device owner indicates on the certification form that the owner does not have a qualifying disability, the person with disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).

2) If the competent medical specialist indicates that the disability is temporary in nature, not permanent, the license plate and/or permanent decal or device shall be revoked in accordance with IVC Section 3-704(a)(11). Upon revocation of the permanent decal or device, a temporary decal or device shall be issued according to the guidelines outlined in Section 1100.20.

3) If the competent medical specialist affirms that the individual has a permanent qualifying disability, no revocation action shall be taken.

4) If the competent medical specialist fails to submit an updated certification, the person-with-disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).

c) Under authority granted in IVC Section 3-704(a)(11), person with disabilities license plates and decals or devices shall be revoked if determined to be issued to a person who is not disabled or determined to be used in an unlawful manner as outlined in IVC Section 11-1301.5 or 11-1301.6. The sources of acceptable proof of the offenses described in this Section are court documents, Department of Vehicle Services applications, Department of Driver Services facility applications, government entity documents, and law enforcement correspondence/reports.

d) If a person with disabilities license plate is revoked, a passenger plate (or other appropriate license plate) shall be issued.

e) Any person whose person with disabilities parking plate or decal is revoked may request a hearing to be conducted pursuant to 92 Ill. Adm. Code 1001, Subpart A or Subpart C, as the person may choose.

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Amended at 37 Ill. Reg. 19866, effective November 27, 2013

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