625 ILCS 5/2-118
Hearings
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(625 ILCS 5/2-118)
(from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of
the issuance of a license, permit, registration or certificate of title
under this Code of any person the Secretary of State shall immediately
notify such person in writing and upon his written request shall, within 20
days after receipt thereof, set a date for a hearing to commence within 90
calendar days from the date of the written request for all requests related to
a suspension, revocation, or the denial of the issuance of a license, permit,
registration, or certificate of title occurring after July 1, 2002, in the
County of
Sangamon, the County of Jefferson, or the County of Cook, as such
person may specify, unless both
parties agree that such hearing may be held in some other county.
The Secretary may require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary of State DUI
Administration Fund, a special fund created in the State treasury, and, subject
to appropriation and as directed by the Secretary of State, shall be used for
operation of the Department of Administrative Hearings of the Office of the
Secretary of
State
and for no other purpose. The
Secretary shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(b) At any time after the suspension, revocation or denial of a license,
permit, registration or certificate of title of any person as
hereinbefore referred to, the Secretary of State, in his or her discretion
and
without the necessity of a request by such person, may hold such a hearing,
upon not less than 10 days' notice in writing, in the Counties of Sangamon,
Jefferson,
or Cook or in any other county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or his authorized
agent may administer oaths and issue subpoenas for the attendance of
witnesses and the production of relevant books and records and may require
an examination of such person. Upon any such hearing, the Secretary of
State shall either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon petition
therefore and subject to the provisions of this Code, issue a restricted
driving permit or reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply with requirements
of the Constitution, so that no person is deprived of due process of law
nor denied equal protection of the laws. All hearings shall be held before
the Secretary of State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy thereof at his own
expense.
The Secretary of State shall enter an order upon any hearing conducted
under this Section, related to a suspension, revocation, or the denial of
the issuance of a license, permit, registration, or certificate of title
occurring after July 1, 2002, within 90 days of its conclusion and shall
immediately notify the person in writing of his or her action.
(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports. Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate. The decision whether to rescind shall be based upon the totality of the evidence.
(e) The action of the
Secretary of State in suspending, revoking or denying any license, permit,
registration, or certificate of title shall be subject to judicial review
in the
Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,
or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto, are hereby
adopted and shall apply to and govern every action for the judicial review of
final acts or decisions of the Secretary of State hereunder.
(Source: P.A. 99-697, eff. 7-29-16.)
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1995–2025 · leading case: Slepicka v. Illinois Department of Public Health
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
People v. Gutierrez (2015)
“The petition requested a hearing pursuant to section 2-118 of the Illinois Vehicle Code (Code) (625 ILCS 5/2-118 (West 2012)). ¶7 Defendant filed a motion in limine seeking to exclude the PBT results from being admitted at the hearing on the petition to rescind.”
People v. John Deere 410G Backhoe Loader (2022)
“Attached to and incorporated into the memorandum were findings and recommendations made by a hearing officer who conducted a hearing on October 29, 2019, pursuant to section 2-118 of the Illinois Vehicle Code (625 ILCS 5/2-118 (West 2018)). Also attached and incorporated into…”
Ellis v. Secretary of State of Ill. (1995)
“In that respect 625 ILCS 5/2-118 expressly affords a prompt hearing to anyone who is affected by any such cancellation (something that Ellis acknowledged in open court on April 18, having had a number of such hearings in the past).”
People v. Gutierrez (2015)
“The petition requested a hearing pursuant to section 2-118 of the Illinois Vehicle Code (Code) (625 ILCS 5/2-118 (West 2012)). ¶7 Defendant filed a motion in limine seeking to exclude the PBT results from being admitted at the hearing on the petition to rescind.”
People v. Mayor (2012)
“625 ILCS 5/2-118 (West 2010). This most appropriate form of relief is not provided within the parameters of the review of a summary suspension.”
Gumma v. White (2003)
“er had been thrown out in the underlying criminal case due to the arresting agency's failure to keep or produce certain records with respect to the authenticity of the reading, the hearing officer and the Secretary were not bound by that order because the court does not have…”
Kimbrough v. Granito (2019)
“” 625 ILCS 5/2-118(e). Generally, a plaintiff must exhaust the administrative process before filing suit.”
Sledge v. Giannoulias (2024)
“625 ILCS 5/2-118(e) (West 2022). Thus, as plaintiff’s claim relates to the Secretary’s actions in revoking, reinstating, and allegedly withholding certain driving privileges from him, the Administrative Review Law provided the circuit court jurisdiction, so long as plaintiff…”
People v. John Deere 410G Backhoe Loader (2025)
“” Attached to and incorporated into the memorandum were findings and recommendations made by a hearing officer who conducted a hearing on October 29, 2019, concerning the issuance of a restricted driving permit (625 ILCS 5/2-118 (West 2018)). Also attached and incorporated into…”
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
— 625 ILCS 5/2-118(e) — 6 cases
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
Kimbrough v. Granito (2019)
“” 625 ILCS 5/2-118(e). Generally, a plaintiff must exhaust the administrative process before filing suit.”
Sledge v. Giannoulias (2024)
“625 ILCS 5/2-118(e) (West 2022). Thus, as plaintiff’s claim relates to the Secretary’s actions in revoking, reinstating, and allegedly withholding certain driving privileges from him, the Administrative Review Law provided the circuit court jurisdiction, so long as plaintiff…”
Slepicka v. Illinois Department of Public Health (2014)
“3d 650 ; 625 ILCS 5/2-118(e) (West 2002). Thus, neither of the cases cited by Slepicka is dispositive of the issue presented here or aids her position.”
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