Ill. Admin. Code tit. 62, § 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].
Notes
Amended at 20 Ill. Reg. 1919, effective January 19, 1996
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