How to Challenge an Illinois Secretary of State Decision

 Posted on March 13, 2023 in License Reinstatement

The Illinois Secretary of State provides two kinds of administrative hearings for people whose driving privileges have been suspended or revoked: formal and informal hearings. Many people who have been through the hearing process before can be denied reinstatement.

It is important for any person dealing with an administrative hearing in Illinois to be sure that they retain legal counsel because an experienced attorney can make a world of difference in the potential outcome to a case. In many cases, people who were denied license reinstatement can achieve more favorable outcomes at new hearings.

Administrative Review of Hearing Decisions

While many cases may be settled at hearings, Secretary of State decisions are subject to Circuit Court review and reversal. To seek review of a Secretary of State decision, a driver needs to file a Complaint seeking Administrative Review no less than 35 days within the date a driver receives a denial order. 

The Attorney General’s office will represent the Secretary of State and file a record of the hearing that includes every exhibit as well as a transcript of all testimony from a hearing. A court does not consider any new evidence. 

Instead, a court is limited to the record it makes at an administrative hearing. When a court requires more evidence, it must remand or send the case back to the Illinois Secretary of State with specific instructions about how to supplement a record and collect additional evidence relating to all identified issues.

Secretary of State decisions are presumed to be correct and courts cannot reverse decisions unless they are contrary to the law or the manifest weight of the evidence. If sufficient evidence supports the Secretary of State’s decision to deny driving privileges, an order will often be upheld.

If a court reverses the decision of the Secretary of State and grants driving privileges, the State will retain the right to appeal. Many people can achieve favorable decisions at hearings even when they have been denied in the past. 

Call Our Aurora Driver’s License Reinstatement Lawyer For Help

If you are currently struggling to address a driver’s license issue with the Secretary of State, you should not hesitate to seek legal help. Contact Naperville license reinstatement attorney Patricia Magaña for legal guidance.

Attorney Patricia Magaña represents people in formal and informal hearings before the Secretary of State's office. You can call 630-448-2001 for a free case assessment. Se Habla Español.

Source:

https://www.ilsos.gov/departments/administrative_hearings/hearings.html