Bill Text: IL HB2785 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. Provides that the notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial is delivered to the address listed on the application. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. Provides that if an applicant brings a petition for judicial review under the Act, the petition must be decided without remand to the Department.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-05-12 - Added Co-Sponsor Rep. Reginald Phillips [HB2785 Detail]

Download: Illinois-2017-HB2785-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2785

Introduced , by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:
430 ILCS 66/10
430 ILCS 66/15
430 ILCS 66/20
430 ILCS 66/70
430 ILCS 66/87

Amends the Firearm Concealed Carry Act. Provides that the Department of State Police must notify the applicant stating detailed grounds for the denial and the applicant's right to receive copies of all documents and other evidence that was provided to the Department concerning the application. Provides that in the event that an applicant is denied a license, a copy of any and all objections made by law enforcement agencies shall be made available to the applicant. Provides that upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. Provides that the notice shall include the next date upon which the Concealed Carry Licensing Review Board is expected to convene, and shall inform the applicant that the 90-day time period has been tolled. Provides that all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant and the applicant's designated attorney, if any. Provides that an applicant may appeal a denial of an application for a concealed carry license by the Department to the Director for a hearing within 70 calendar days after the denial is delivered to the address listed on the application. Provides that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant. Provides that if an applicant brings a petition for judicial review under the Act, the petition must be decided without remand to the Department.
LRB100 09723 SLF 19892 b

A BILL FOR

HB2785LRB100 09723 SLF 19892 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 10, 15, 20, 70, and 87 as follows:
6 (430 ILCS 66/10)
7 Sec. 10. Issuance of licenses to carry a concealed firearm.
8 (a) The Department shall issue a license to carry a
9concealed firearm under this Act to an applicant who:
10 (1) meets the qualifications of Section 25 of this Act;
11 (2) has provided the application and documentation
12 required in Section 30 of this Act;
13 (3) has submitted the requisite fees; and
14 (4) does not pose a danger to himself, herself, or
15 others, or a threat to public safety as determined by the
16 Concealed Carry Licensing Review Board in accordance with
17 Section 20.
18 (b) The Department shall issue a renewal, corrected, or
19duplicate license as provided in this Act.
20 (c) A license shall be valid throughout the State for a
21period of 5 years from the date of issuance. A license shall
22permit the licensee to:
23 (1) carry a loaded or unloaded concealed firearm, fully

HB2785- 2 -LRB100 09723 SLF 19892 b
1 concealed or partially concealed, on or about his or her
2 person; and
3 (2) keep or carry a loaded or unloaded concealed
4 firearm on or about his or her person within a vehicle.
5 (d) The Department shall make applications for a license
6available no later than 180 days after the effective date of
7this Act. The Department shall establish rules for the
8availability and submission of applications in accordance with
9this Act.
10 (e) An application for a license submitted to the
11Department that contains all the information and materials
12required by this Act, including the requisite fee, shall be
13deemed completed. Except as otherwise provided in this Act, no
14later than 90 days after receipt of a completed application,
15the Department shall issue or deny the applicant a license.
16 (f) The Department shall deny the applicant a license if
17the applicant fails to meet the requirements under this Act or
18the Department receives a determination from the Board that the
19applicant is ineligible for a license. The Department must
20notify the applicant stating detailed the grounds for the
21denial and the applicant's right to receive copies of all
22documents and other evidence that was provided to the
23Department concerning the application. The notice of denial
24must inform the applicant of his or her right to an appeal
25through administrative and judicial review.
26 The notification of denial shall be provided as follows:

HB2785- 3 -LRB100 09723 SLF 19892 b
1 (1) the notice of denial and the written decision of
2 the Board under subsection (f) of Section 20 of this Act
3 shall be sent via certified United States mail by the
4 Department, with signature required and return receipt
5 requested, to the address listed on the application;
6 (2) the appeal period under Section 87 of this Act
7 shall begin to accrue on the date the denial letter is
8 delivered to the address listed on the application; and
9 (3) in any administrative or judicial proceeding
10 concerning the denial of the application, the Department
11 shall provide the following:
12 (A) proof that the denial letter was delivered to
13 the correct address;
14 (B) a copy of the signature of the person who
15 received the denial letter upon its delivery; and
16 (C) proof of the date on which the denial letter
17 was delivered to the address listed on the application.
18 (g) A licensee shall possess a license at all times the
19licensee carries a concealed firearm except:
20 (1) when the licensee is carrying or possessing a
21 concealed firearm on his or her land or in his or her
22 abode, legal dwelling, or fixed place of business, or on
23 the land or in the legal dwelling of another person as an
24 invitee with that person's permission;
25 (2) when the person is authorized to carry a firearm
26 under Section 24-2 of the Criminal Code of 2012, except

HB2785- 4 -LRB100 09723 SLF 19892 b
1 subsection (a-5) of that Section; or
2 (3) when the handgun is broken down in a
3 non-functioning state, is not immediately accessible, or
4 is unloaded and enclosed in a case.
5 (h) If an officer of a law enforcement agency initiates an
6investigative stop, including but not limited to a traffic
7stop, of a licensee or a non-resident carrying a concealed
8firearm under subsection (e) of Section 40 of this Act, upon
9the request of the officer the licensee or non-resident shall
10disclose to the officer that he or she is in possession of a
11concealed firearm under this Act, or present the license upon
12the request of the officer if he or she is a licensee or
13present upon the request of the officer evidence under
14paragraph (2) of subsection (e) of Section 40 of this Act that
15he or she is a non-resident qualified to carry under that
16subsection. The disclosure requirement under this subsection
17(h) is satisfied if the licensee presents his or her license to
18the officer or the non-resident presents to the officer
19evidence under paragraph (2) of subsection (e) of Section 40 of
20this Act that he or she is qualified to carry under that
21subsection. Upon the request of the officer, the licensee or
22non-resident shall also identify the location of the concealed
23firearm and permit the officer to safely secure the firearm for
24the duration of the investigative stop. During a traffic stop,
25any passenger within the vehicle who is a licensee or a
26non-resident carrying under subsection (e) of Section 40 of

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1this Act must comply with the requirements of this subsection
2(h).
3 (h-1) If a licensee carrying a firearm or a non-resident
4carrying a firearm in a vehicle under subsection (e) of Section
540 of this Act is contacted by a law enforcement officer or
6emergency services personnel, the law enforcement officer or
7emergency services personnel may secure the firearm or direct
8that it be secured during the duration of the contact if the
9law enforcement officer or emergency services personnel
10determines that it is necessary for the safety of any person
11present, including the law enforcement officer or emergency
12services personnel. The licensee or nonresident shall submit to
13the order to secure the firearm. When the law enforcement
14officer or emergency services personnel have determined that
15the licensee or non-resident is not a threat to the safety of
16any person present, including the law enforcement officer or
17emergency services personnel, and if the licensee or
18non-resident is physically and mentally capable of possessing
19the firearm, the law enforcement officer or emergency services
20personnel shall return the firearm to the licensee or
21non-resident before releasing him or her from the scene and
22breaking contact. If the licensee or non-resident is
23transported for treatment to another location, the firearm
24shall be turned over to any peace officer. The peace officer
25shall provide a receipt which includes the make, model,
26caliber, and serial number of the firearm.

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1 (i) The Department shall maintain a database of license
2applicants and licensees. The database shall be available to
3all federal, State, and local law enforcement agencies, State's
4Attorneys, the Attorney General, and authorized court
5personnel. Within 180 days after the effective date of this
6Act, the database shall be searchable and provide all
7information included in the application, including the
8applicant's previous addresses within the 10 years prior to the
9license application and any information related to violations
10of this Act. No law enforcement agency, State's Attorney,
11Attorney General, or member or staff of the judiciary shall
12provide any information to a requester who is not entitled to
13it by law.
14 (j) No later than 10 days after receipt of a completed
15application, the Department shall enter the relevant
16information about the applicant into the database under
17subsection (i) of this Section which is accessible by law
18enforcement agencies.
19(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
20eff. 7-10-15.)
21 (430 ILCS 66/15)
22 Sec. 15. Objections by law enforcement agencies.
23 (a) Any law enforcement agency may submit an objection to a
24license applicant based upon a reasonable suspicion that the
25applicant is a danger to himself or herself or others, or a

HB2785- 7 -LRB100 09723 SLF 19892 b
1threat to public safety. The objection shall be made by the
2chief law enforcement officer of the law enforcement agency, or
3his or her designee, and must include any information relevant
4to the objection. If a law enforcement agency submits an
5objection within 30 days after the entry of an applicant into
6the database, the Department shall submit the objection and all
7information available to the Board under State and federal law
8related to the application to the Board within 10 days of
9completing all necessary background checks. If an applicant is
10denied a license, a copy of any and all objections made by law
11enforcement agencies shall be made available to the applicant.
12 (b) If an applicant has 5 or more arrests for any reason,
13that have been entered into the Criminal History Records
14Information (CHRI) System, within the 7 years preceding the
15date of application for a license, or has 3 or more arrests
16within the 7 years preceding the date of application for a
17license for any combination of gang-related offenses, the
18Department shall object and submit the applicant's arrest
19record to the extent the Board is allowed to receive that
20information under State and federal law, the application
21materials, and any additional information submitted by a law
22enforcement agency to the Board. For purposes of this
23subsection, "gang-related offense" is an offense described in
24Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
25Section 33G-4, or in paragraph (1) of subsection (a) of Section
2612-6.2, paragraph (2) of subsection (b) of Section 16-30,

HB2785- 8 -LRB100 09723 SLF 19892 b
1paragraph (2) of subsection (b) of Section 31-4, or item (iii)
2of paragraph (1.5) of subsection (i) of Section 48-1 of the
3Criminal Code of 2012.
4 (c) The referral of an objection under this Section to the
5Board shall toll the 90-day period for the Department to issue
6or deny the applicant a license under subsection (e) of Section
710 of this Act, during the period of review and until the Board
8issues its decision. Upon the referral, applicants shall be
9given notice by the Department that the application is
10undergoing review by the Board. The notice shall include the
11next date upon which the Board is expected to convene, and
12shall inform the applicant that the 90-day time period has been
13tolled.
14 (d) If no objection is made by a law enforcement agency or
15the Department under this Section, the Department shall process
16the application in accordance with this Act.
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
18 (430 ILCS 66/20)
19 Sec. 20. Concealed Carry Licensing Review Board.
20 (a) There is hereby created within the Department of State
21Police a Concealed Carry Licensing Review Board to consider any
22objection to an applicant's eligibility to obtain a license
23under this Act submitted by a law enforcement agency or the
24Department under Section 15 of this Act. The Board shall
25consist of 7 commissioners to be appointed by the Governor,

HB2785- 9 -LRB100 09723 SLF 19892 b
1with the advice and consent of the Senate, with 3 commissioners
2residing within the First Judicial District and one
3commissioner residing within each of the 4 remaining Judicial
4Districts. No more than 4 commissioners shall be members of the
5same political party. The Governor shall designate one
6commissioner as the Chairperson. The Board shall consist of:
7 (1) one commissioner with at least 5 years of service
8 as a federal judge;
9 (2) 2 commissioners with at least 5 years of experience
10 serving as an attorney with the United States Department of
11 Justice;
12 (3) 3 commissioners with at least 5 years of experience
13 as a federal agent or employee with investigative
14 experience or duties related to criminal justice under the
15 United States Department of Justice, Drug Enforcement
16 Administration, Department of Homeland Security, or
17 Federal Bureau of Investigation; and
18 (4) one member with at least 5 years of experience as a
19 licensed physician or clinical psychologist with expertise
20 in the diagnosis and treatment of mental illness.
21 (b) The initial terms of the commissioners shall end on
22January 12, 2015. Thereafter, the commissioners shall hold
23office for 4 years, with terms expiring on the second Monday in
24January of the fourth year. Commissioners may be reappointed.
25Vacancies in the office of commissioner shall be filled in the
26same manner as the original appointment, for the remainder of

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1the unexpired term. The Governor may remove a commissioner for
2incompetence, neglect of duty, malfeasance, or inability to
3serve. Commissioners shall receive compensation in an amount
4equal to the compensation of members of the Executive Ethics
5Commission and may be reimbursed for reasonable expenses
6actually incurred in the performance of their Board duties,
7from funds appropriated for that purpose.
8 (c) The Board shall meet at the call of the chairperson as
9often as necessary to consider objections to applications for a
10license under this Act. If necessary to ensure the
11participation of a commissioner, the Board shall allow a
12commissioner to participate in a Board meeting by electronic
13communication. Any commissioner participating electronically
14shall be deemed present for purposes of establishing a quorum
15and voting.
16 (d) The Board shall adopt rules for the review of
17objections and the conduct of hearings. The Board shall
18maintain a record of its decisions and all materials considered
19in making its decisions. All Board decisions and voting records
20shall be kept confidential and all materials considered by the
21Board shall be exempt from inspection except upon order of a
22court.
23 (e) In considering an objection of a law enforcement agency
24or the Department, the Board shall review the materials
25received with the objection from the law enforcement agency or
26the Department. By a vote of at least 4 commissioners, the

HB2785- 11 -LRB100 09723 SLF 19892 b
1Board may request additional information from the law
2enforcement agency, Department, or the applicant, or the
3testimony of the law enforcement agency, Department, or the
4applicant. The Board may require that the applicant submit
5electronic fingerprints to the Department for an updated
6background check where the Board determines it lacks sufficient
7information to determine eligibility. The Board may only
8consider information submitted by the Department, a law
9enforcement agency, or the applicant. The Board shall review
10each objection and determine by a majority of commissioners
11whether an applicant is eligible for a license.
12 (f) The Board shall issue a written decision within 30 days
13of receipt of the objection from the Department. The decision
14shall specifically reference all documents and evidence
15submitted to the Board by the Department, law enforcement
16agencies, and the applicant. The decision shall include the
17names of all witnesses who testified at the hearing.
18 The However, the Board need not issue its written a
19decision within the 30-day time period 30 days if:
20 (1) the Board requests information from the applicant,
21 including but not limited to electronic fingerprints to be
22 submitted to the Department, in accordance with subsection
23 (e) of this Section, in which case the Board shall issue
24 its written make a decision within 30 days of receipt of
25 the required information from the applicant;
26 (2) the applicant agrees, in writing, to allow the

HB2785- 12 -LRB100 09723 SLF 19892 b
1 Board additional time to consider an objection before
2 issuing a written decision; or
3 (3) the Board notifies the applicant and the Department
4 that the Board needs an additional 30 days to issue its
5 written a decision.
6 (g) If the Board determines by a preponderance of the
7evidence that the applicant poses a danger to himself or
8herself or others, or is a threat to public safety, then the
9Board shall affirm the objection of the law enforcement agency
10or the Department, and shall notify the Department that the
11applicant is ineligible for a license, and shall provide the
12Department with a written copy of the decision as outlined in
13subsection (f) of this Section. If the Board does not determine
14by a preponderance of the evidence that the applicant poses a
15danger to himself or herself or others, or is a threat to
16public safety, then the Board shall notify the Department that
17the applicant is eligible for a license and shall forward a
18copy of its written decision to the Department.
19 (h) Meetings of the Board shall not be subject to the Open
20Meetings Act and records of the Board shall not be subject to
21the Freedom of Information Act. However, all documents and
22evidence provided to the Board, including a list of the names
23of all witnesses who provided testimony to the Board, shall be
24made available to the applicant and the applicant's designated
25attorney, if any. To the extent that the Board has reviewed the
26medical records of an applicant, or any other records subject

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1to any law or rule providing for the applicant's privacy,
2copies of the those records shall be provided only to the
3applicant and the disclosure of the records shall comply with
4all applicable privacy laws, rules, and regulations. Upon a
5Board decision denying an application, a copy of the written
6decision of the Board shall be attached to the notice of denial
7required under subsection (f) of Section 10 of this Act, and
8mailed to the applicant.
9 (i) The Board shall report monthly to the Governor and the
10General Assembly on the number of objections received and
11provide details of the circumstances in which the Board has
12determined to deny licensure based on law enforcement or
13Department objections under Section 15 of this Act. The report
14shall not contain any identifying information about the
15applicants.
16(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
17 (430 ILCS 66/70)
18 Sec. 70. Violations.
19 (a) A license issued or renewed under this Act shall be
20revoked if, at any time, the licensee is found to be ineligible
21for a license under this Act or the licensee no longer meets
22the eligibility requirements of the Firearm Owners
23Identification Card Act. The notification and appeals
24processes for revoked licenses shall be the same as those for
25denied applications under Sections 10, 15, and 87 of this Act.

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1 (b) A license shall be suspended if an order of protection,
2including an emergency order of protection, plenary order of
3protection, or interim order of protection under Article 112A
4of the Code of Criminal Procedure of 1963 or under the Illinois
5Domestic Violence Act of 1986, is issued against a licensee for
6the duration of the order, or if the Department is made aware
7of a similar order issued against the licensee in any other
8jurisdiction. If an order of protection is issued against a
9licensee, the licensee shall surrender the license, as
10applicable, to the court at the time the order is entered or to
11the law enforcement agency or entity serving process at the
12time the licensee is served the order. The court, law
13enforcement agency, or entity responsible for serving the order
14of protection shall notify the Department within 7 days and
15transmit the license to the Department.
16 (c) A license is invalid upon expiration of the license,
17unless the licensee has submitted an application to renew the
18license, and the applicant is otherwise eligible to possess a
19license under this Act.
20 (d) A licensee shall not carry a concealed firearm while
21under the influence of alcohol, other drug or drugs,
22intoxicating compound or combination of compounds, or any
23combination thereof, under the standards set forth in
24subsection (a) of Section 11-501 of the Illinois Vehicle Code.
25 A licensee in violation of this subsection (d) shall be
26guilty of a Class A misdemeanor for a first or second violation

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1and a Class 4 felony for a third violation. The Department may
2suspend a license for up to 6 months for a second violation and
3shall permanently revoke a license for a third violation.
4 (e) Except as otherwise provided, a licensee in violation
5of this Act shall be guilty of a Class B misdemeanor. A second
6or subsequent violation is a Class A misdemeanor. The
7Department may suspend a license for up to 6 months for a
8second violation and shall permanently revoke a license for 3
9or more violations of Section 65 of this Act. Any person
10convicted of a violation under this Section shall pay a $150
11fee to be deposited into the Mental Health Reporting Fund, plus
12any applicable court costs or fees.
13 (f) A licensee convicted or found guilty of a violation of
14this Act who has a valid license and is otherwise eligible to
15carry a concealed firearm shall only be subject to the
16penalties under this Section and shall not be subject to the
17penalties under Section 21-6, paragraph (4), (8), or (10) of
18subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
19of paragraph (3) of subsection (a) of Section 24-1.6 of the
20Criminal Code of 2012. Except as otherwise provided in this
21subsection, nothing in this subsection prohibits the licensee
22from being subjected to penalties for violations other than
23those specified in this Act.
24 (g) A licensee whose license is revoked, suspended, or
25denied shall, within 48 hours of receiving notice of the
26revocation, suspension, or denial, surrender his or her

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1concealed carry license to the local law enforcement agency
2where the person resides. The local law enforcement agency
3shall provide the licensee a receipt and transmit the concealed
4carry license to the Department of State Police. If the
5licensee whose concealed carry license has been revoked,
6suspended, or denied fails to comply with the requirements of
7this subsection, the law enforcement agency where the person
8resides may petition the circuit court to issue a warrant to
9search for and seize the concealed carry license in the
10possession and under the custody or control of the licensee
11whose concealed carry license has been revoked, suspended, or
12denied. The observation of a concealed carry license in the
13possession of a person whose license has been revoked,
14suspended, or denied constitutes a sufficient basis for the
15arrest of that person for violation of this subsection. A
16violation of this subsection is a Class A misdemeanor.
17 (h) A license issued or renewed under this Act shall be
18revoked if, at any time, the licensee is found ineligible for a
19Firearm Owner's Identification Card, or the licensee no longer
20possesses a valid Firearm Owner's Identification Card. A
21licensee whose license is revoked under this subsection (h)
22shall surrender his or her concealed carry license as provided
23for in subsection (g) of this Section.
24 This subsection shall not apply to a person who has filed
25an application with the State Police for renewal of a Firearm
26Owner's Identification Card and who is not otherwise ineligible

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1to obtain a Firearm Owner's Identification Card.
2 (i) A certified firearms instructor who knowingly provides
3or offers to provide a false certification that an applicant
4has completed firearms training as required under this Act is
5guilty of a Class A misdemeanor. A person guilty of a violation
6of this subsection (i) is not eligible for court supervision.
7The Department shall permanently revoke the firearms
8instructor certification of a person convicted under this
9subsection (i).
10(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
11eff. 8-15-14.)
12 (430 ILCS 66/87)
13 Sec. 87. Administrative and judicial review.
14 (a) Whenever an application for a concealed carry license
15is denied, whenever the Department fails to act on an
16application within 90 days of its receipt, or whenever a
17license is revoked or suspended as provided in this Act, the
18aggrieved party may appeal to the Director for a hearing upon
19the denial, revocation, suspension, or failure to act on the
20application, unless the denial was made by the Concealed Carry
21Licensing Review Board, in which case the aggrieved party may
22petition the circuit court in writing in the county of his or
23her residence for a hearing upon the denial. An applicant may
24appeal a denial of an application for a concealed carry license
25by the Department to the Director for a hearing within 70

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1calendar days after the denial is delivered to the address
2listed on the application.
3 (b) All final administrative decisions of the Department or
4the Concealed Carry Licensing Review Board under this Act shall
5be subject to judicial review under the provisions of the
6Administrative Review Law except that a petition for
7administrative or judicial review shall be filed within 70
8calendar days from the date the notice of denial was received
9by the applicant. If an applicant brings a petition for
10judicial review under this Act, the petition must be decided
11without remand to the Department. The term "administrative
12decision" is defined as in Section 3-101 of the Code of Civil
13Procedure.
14 (c) Immediately upon receiving notice that the application
15has been denied, the applicant or the applicant's attorney, if
16any, may formally request copies of all documents and evidence
17considered by the Department in making its determination. The
18Department shall provide the requested documents and evidence
19within 14 calendar days of receiving the written request.
20(Source: P.A. 98-63, eff. 7-9-13.)
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