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ADMINISTRATIVE HEARINGS


Safety Responsibility Hearings

The Safety Responsibility Law requires proof of insurance or the ability to pay for damages resulting from an accident in Illinois resulting in bodily injury or death of any person, or damage to the property of any one person in excess of $500.

Hearings are conducted to determine probable fault for motorists involved in crashes. An individual found at fault and not insured faces a driver’s license suspension of up to two years.

Safety Responsibility hearings must be requested in writing. Anyone requesting a hearing that is postmarked within 15 days of the mailing date of a suspension notice will be given a full hearing to contest the preliminary finding of the Secretary of State’s office, and the suspension will not be imposed pending the results of the hearing. Any request for a hearing postmarked after 15 days of the date of the notice of suspension will be accepted; however, the suspension will be imposed and not delayed pending the outcome of the hearing.

By law, a request for a hearing to contest a Safety Responsibility Suspension must be accompanied by a non-refundable $50 filing fee payable by money order, cashier's or certified check, a check drawn on the account of an attorney of record or an attorney professional corporation of record in the case before the Department, or credit card payable to Secretary of State. Cash or personal checks are not accepted. If a request is received without the required fee, the request will be returned and a hearing will not be scheduled (Section 2-118, Illinois Vehicle Code; 92 Illinois Administrative Code 1001.220).

Decisions from a Safety Responsibility hearing are subject to the Administrative Review Law.