Ill. Admin. Code tit. 92, § 1040.100 - Rescissions
a) The Department
shall rescind the following orders when the specified criteria are met:
1) Suspensions, revocations,
disqualifications and denials of driver's license and/or driving privileges,
except warrant parking/traffic suspensions, failure to appear suspensions (as
applied to residents and non-residents) and statutory summary suspensions, upon
receipt of certified court evidence reporting non-conviction, supervision,
stricken on leave (SOL), or a correction or an amendment stating there was an
error that formed the basis of the suspension, the revocation, or the denial of
driver's license/driving privilege and/or it has been vacated or that a
previously submitted judgment has been reversed.
2) Cancellation of driver's license and/or
driving privileges upon receipt by the Department of one of the following:
A) evidence from an instructor of a driver
education program indicating the driver has re-enrolled in the
program;
B) favorable physical or
psychiatric report from a licensed medical specialist prior to the effective
date of the cancellation or receipt of a second report completed by the
licensed medical specialist showing the original report submitted was
incorrect;
C) evidence from a
licensed medical specialist indicating that he/she failed to submit a favorable
medical report for the driver within 90 days;
D) evidence reversing a decision made by the
Department that two driver's license records are for the same person;
E) court evidence changing the disposition of
a conviction previously reported upon which the cancellation was based;
or
F) documentation from another
state licensing agency that reverses an original report upon which the
cancellation was based.
3) Failure to Appear Suspensions upon receipt
of certified court evidence vacating the Failure to Appear or when the
Department receives a compliance notice or court receipt prior to the effective
date of the suspension indicating that the charges have been
satisfied.
4) Statutory Summary
Suspensions upon receipt of a Certified Hearing Disposition Notice or court
order from the court of venue to rescind the suspension.
5) Warrant/Parking Traffic Suspensions upon
receipt of certified evidence from the court or municipality indicating the
original report was in error or the person identified in the original report
was the wrong defendant or the Department receives notice of final disposition
prior to the effective date of the suspension.
6) Toll violation or evasion suspensions upon
receipt of certified evidence from the Illinois State Toll Highway Authority
indicating the original report was in error or the person identified in the
original report was the wrong defendant or the Department receives Notice of
Final Disposition prior to the effective date of the suspension.
b) The Department shall rescind a
suspension, revocation or cancellation pursuant to a decision rendered by the
Department of Administrative Hearings within the Office of the Secretary of
State as provided in IVC Section 2-118 and 92 Ill. Adm. Code 1001.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.