(A) The owner of a dog found to be a dangerous dog pursuant to this chapter by an administrator may file a complaint against the Administrator in the Circuit Court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedures, including the discovery provisions. After hearing both parties’ evidence, the court may make a determination that the dog is a dangerous dog if the Administrator meets his or her burden of proof of clear and convincing evidence. The final order of the Circuit Court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.
(B) The owner of a dog found to be a dangerous dog pursuant to this chapter by the director may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the Department of Agriculture’s rules applicable to formal administrative proceedings, 8 Ill. Adm. Code Part 1, Subparts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois Department of Agriculture. The final administrative decision of the department may be reviewed judicially by the Circuit Court of the county wherein the person resides, or in the case of a corporation, the county where its registered office is located. The administrator review law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the department hereunder.
(C) Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the court or the director.
(D) At any time after a final order has been entered, the owner may petition the Circuit Court to reverse the designation of dangerous dog.
(Ord. 0-2007.1, passed 3-13-2007; Ord. 2008.03, passed - -2008; Ord. O-2012.02, passed 3-13-2012; Ord. O-2014.01, passed 2-11-2014)
Statutory reference:
Similar provisions, see 510 ILCS 5/15.3