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A. Notice of Possible Suspension of Driver's License.
1. A notice of impending suspension of a person's driver's license will be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing, parking, or compliance violations under Section 6-306.5 of the Motor Vehicle Code (625 ILCS 5/6-306.5). The notice shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State. The notice shall state the following:
a. That the failure to pay the fine or penalty owing within forty-five (45) days of the date of the notice will result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings; and
b. That the person to whom the notice is directed may obtain a photocopy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the Village along with a request for the photocopy.
B. Certified Report to the Secretary of State. Upon a failure of a person to pay fines or penalties deemed due and owing to the Village pursuant to Chapter 10.24 of this code, and after exhaustion of the procedures set forth herein, the Administrative Hearing Records Unit shall make a certified report to the Secretary of State, pursuant to 625 ILCS 5/6-306.5(c), stating that the owner or lessee of a registered vehicle has failed to pay the fine or penalty due or owing the Village as a result of ten (10) or more such violations of Chapter 10.24 of this code, and thereby initiate the suspension of that person's driver's license.
C. Further Action by Village. The Administrative Hearing Records Unit will take no further action thereafter unless and until (i) the fines and penalties due and owing the Village are paid, or (ii) upon making a determination pursuant to subsection D and E of this section that the inclusion of the person's name on the certified report was in error. In either event, the Code Enforcement Administrator shall submit to the Secretary of State a notification to halt the driver's license suspension proceeding pursuant to 625 ILCS 5/6-306.5(d). The person named therein will receive a certified copy of such notification upon request and at no charge.
D. Within twenty-one (21) days of the date of the Secretary of State's notice under 625 ILCS 5/6-306.5(b), a person may challenge the accuracy of the certified report by completing and filing a form provided by the Administrative Hearing Records Unit specifying the grounds on which such challenge is based. Grounds for challenge are limited to the following:
1. The person was neither the owner nor the lessee of the vehicle receiving the ten (10) or more applicable Notices of Violations on the date or dates such notices were issued; or
2. The person has paid the fine and penalty for the ten or more violations indicated on the certified report.
E. The Code Enforcement Administrator shall make a determination within fourteen (14) days of receipt of the form challenging the accuracy of the certified report, and will notify the person filing the challenge of the determination, and, if applicable, will notify the Secretary of State.
(MC-2-2014, Added, 2/18/2014)