Ill. Admin. Code tit. 92 § 1001.90

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1001.90 - Form of Papers - Original Documents Required

a) Form of Papers. All papers filed in any proceeding shall be clearly written or typewritten. They shall contain a caption showing the title of the proceeding with a case number. All papers must be signed or verified by the party filing the papers or his/her authorized representative or attorney, and shall contain his or her address, telephone number, website and electronic mail address, if available. An original and one copy shall be filed by each party, except as provided in subsection (b).

b) Original Documents Required. In regard to documents that are submitted pursuant to the requirements of Subpart D and that have not been previously submitted to the Department, the Department will accept, or admit into evidence, only the original document, except as specified in this subsection. By original document is meant a document that bears the original signature of the petitioner and/or author of the document, as applicable.

1) Uniform Reports; Original Required. The requirement of the submission of an original document that must also be submitted to a court of venue can be met in one of two ways:

A) Service providers can print multiple "originals", all of which are signed and dated by the provider and the petitioner; or

B) The provider can make a photocopy of the original and the provider and petitioner can sign and date (or re-sign and re-date a second time) both the original and the copy.

2) Update Evaluations; Original Required. The first time that an update evaluation is submitted to the Secretary of State, it must be submitted as an original document. See Sections 1001.410 and .440(a)(6). At subsequent submissions of the same document, such as when renewing a restricted driving permit at an informal hearing, the petitioner may submit a copy of the update evaluation.

3) Treatment Verification; Original Required. The rules of the Secretary of State require petitioners to submit proof of the successful completion of alcohol or drug related treatment in a "narrative summary" or a similar report that shall provide the information listed at Section 1001.440(m)(1). The Department has composed, published, and distributed a "Treatment Verification Form", which it prefers and strongly encourages that treatment providers use and replicate for this purpose. The first time that this document, or a narrative summary composed on a treatment provider's letterhead, is submitted, it must be submitted to the Secretary of State as an original.

A) As specified in Section 1001.440(m)(2), the Department will accept a copy of the petitioner's Individualized Treatment Plan and Discharge Summary.

B) As specified in Section 1001.440(m)(3), the Department will accept a copy of the Continuing Care Plan. The other Continuing Care documents that must be submitted to the Secretary of State (periodic status reports and the final summary report, or the waiver of continuing care) must be submitted as originals, on the provider's letterhead stationery.

4) Driver Risk Education; Original Not Required. The Department will accept a copy of the form used by service providers to record and verify successful completion of a Driver Risk Education course. See Section 1001.440(a).

5) Exceptions; Verification Form Allowed. Exceptions to the requirement that the original document be submitted will be considered only if the petitioner is able to demonstrate that the original document is no longer available from the agency that composed the document. In these cases, the petitioner must submit a "Verification Form" that the Department has composed, published and distributed to service providers. On the Verification form the service provider shall verify that the copy of the document is a true and correct/identical copy of the original or of the document that was received from another agency and is contained in its file, and/or inform the Secretary of State of the reason that the original of a document is not available.

6) Other Documents; Original Preferred. All other documents that are composed or created solely for the purpose of being submitted to the Secretary of State at a formal or informal hearing should be submitted as originals. (For example: the Secretary of State medical report forms; reports/evaluations from psychiatrists, clinical psychologists, or other counselors; letters from probation officers or physicians; letters of reference; verification of employment.

7) Documents Sent by Facsimile or Electronic Transmission. Documents recited in this Section that must be submitted as an original but are, instead, sent by facsimile or electronic transmission will be accepted at the time of the hearing; however, the originals of the documents must be submitted at a later date. Leave to submit the originals will be granted within no more than 14 calendar days after the hearing. The presiding hearing officer will determine the specific number of days within which the petitioner is allowed to submit the original, based upon the circumstances of each individual case.

8) The failure of the petitioner to submit an original document as required in this Section shall not, in and of itself, constitute, under any circumstance, the sole basis of denying driving relief.

Ill. Admin. Code tit. 92, § 1001.90

Amended at 31 Ill. Reg. 6185, effective May 1, 2007

Amended at 40 Ill. Reg. 834, effective 12/31/2015