2005 Illinois 625 ILCS 5/      Illinois Vehicle Code. Article II - Judicial Review Proceedings


      (625 ILCS 5/Ch 18C Sub 2 Art II heading)
ARTICLE II. JUDICIAL REVIEW PROCEEDINGS

    (625 ILCS 5/18c‑2201) (from Ch. 95 1/2, par. 18c‑2201)
    Sec. 18c‑2201. Availability of Judicial Review. (1) Standing to Seek Judicial Review. No person shall have standing to seek judicial review of a Commission action unless such person shall have an administratively cognizable interest in the order, be aggrieved by it, and have exhausted its administrative remedies. A person admitted as a party to an administrative proceeding shall be presumed to have an administratively cognizable interest in orders issued in the proceeding for purposes of standing to seek judicial review.
    (2) Exhaustion of Administrative Remedies. A person shall be deemed to have exhausted its administrative remedies only if:
    (a) The person participated as a party to the proceeding before the Commission, or filed a timely pleading seeking to participate as a party and was entitled as matter of right to participate as a party;
    (b) The person filed a timely motion for reconsideration or rehearing which was denied by the Commission or by operation of law, unless the Commission expressly waived the filing of such a motion; and
    (c) The action of which judicial review is sought is, in all respects, a final order of the Commission.
    (3) Deadline for Filing Petitions for Judicial Review. A petition for judicial review must be filed within 35 days after the order of the Commission becomes final.
    (4) Remedy Exclusive. Judicial review as provided for under this Article shall be exclusive of all other remedies at law or equity in regard to review of Commission actions, regulations or orders.
(Source: P.A. 84‑796; 84‑1025.)

    (625 ILCS 5/18c‑2202) (from Ch. 95 1/2, par. 18c‑2202)
    Sec. 18c‑2202. Scope of Judicial Review. (1) Issues on Review. The reviewing court shall be limited in its review to whether:
    (a) The Commission's order is against the manifest weight of evidence in the record before the Commission;
    (b) The order is contrary to provisions of this Chapter or Commission regulations;
    (c) The order is an abuse of discretion;
    (d) The order is beyond the jurisdiction of the Commission; or
    (e) The order denies constitutional rights of the person seeking judicial review.
    (2) Record on Review. In reviewing an order of the Commission, the court shall be limited to issues of fact or law presented to the Commission in either a motion for reconsideration or a motion for rehearing, and to:
    (a) Evidence in the record before the Commission;
    (b) Evidence offered but erroneously excluded by the Commission from the record; and
    (c) Evidence of procedural irregularities which could not, with reasonable diligence, have been offered, either at the administrative hearing or in the motion for reconsideration or rehearing.
(Source: P.A. 84‑796.)

    (625 ILCS 5/18c‑2203) (from Ch. 95 1/2, par. 18c‑2203)
    Sec. 18c‑2203. Submission of the Administrative Record. It shall be the responsibility of the Commission to submit to the court certified copies of the record before the Commission. The record submitted must be complete in all respects unless all parties have, by written stipulation, agreed to deletion of materials not relevant to the issues raised in the petition for judicial review. The cost of preparing certified copies of the record may be assessed, in whole or in part, to the party seeking judicial review, and failure to pay such costs shall be grounds for dismissal in accordance with the Illinois Administrative Review Law.
(Source: P.A. 84‑796.)

    (625 ILCS 5/18c‑2204) (from Ch. 95 1/2, par. 18c‑2204)
    Sec. 18c‑2204. Relief. The reviewing court may grant relief in accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84‑796.)

    (625 ILCS 5/18c‑2205) (from Ch. 95 1/2, par. 18c‑2205)
    Sec. 18c‑2205. Stay of Action Pending Judicial Review. (1) Commission Orders Not Stayed by Filing of Appeal. The filing or pendency of a petition for judicial review shall not of itself stay, suspend, restrain or enjoin the operation of a rule, regulation, order or decision of the Commission.
    (2) Power of Court to Stay Commission Orders. During the pendency of a petition for judicial review the reviewing court in its discretion may, except as provided in this subsection, stay, suspend, restrain or enjoin, in whole or in part, the operation of a Commission regulation or order. No order staying, suspending, restraining or enjoining a Commission regulation or order shall be made by the court except upon 3 days' actual notice to the Commission and the Attorney General and after hearing. Where the Commission action relates to enforcement of this Chapter, the reviewing court shall not stay, suspend, restrain or enjoin the action of the Commission for a period longer than 180 days from the filing of the appeal; unless at the expiration of the initial 180 day period, the court finds that continuation is necessary for the informed and just resolution of the issues; and unless the court does continue the stay, suspension, restraint, or injunction in effect for one or more definite periods of time not to exceed 180 days each.
    (3) Bond Required. In case an action, regulation or order of the Commission is stayed, suspended, restrained, or enjoined, the order of the court shall not become effective until a bond shall first have been executed and filed with and approved by the court, except as otherwise provided in this paragraph. Where the order under review does not relate to enforcement of this law, the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84‑796.)

    (625 ILCS 5/18c‑2206) (from Ch. 95 1/2, par. 18c‑2206)
    Sec. 18c‑2206. Application of the Illinois Administrative Review Law. Where this Article is silent, proceedings for judicial review of a Commission action, regulation or order shall be governed by provisions of the Administrative Review Law.
(Source: P.A. 84‑796.)

Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.