(235 ILCS 5/8-7) (from Ch. 43, par. 163c)
Sec. 8-7.
All hearings provided for in Section 8-5 of
this Act shall be held in the county wherein the licensee has his
principal place of business; provided, that if the licensee does not
have his or her principal place of business in this State, such hearing shall
be held in Sangamon County.
The Circuit Court of the county wherein any hearing is held by the
Department shall have power to review all final administrative decisions
of the Department in administering the provisions of this Act. If the administrative
proceeding which is to be reviewed judicially
is a claim for refund proceeding commenced in accordance with Section 8-3
of this Act and Section 2a of "An Act in relation to the
payment and disposition of moneys received by officers and employees of
the State of Illinois by virtue of their office or employment", approved
June 9, 1911, as amended, the Circuit Court having jurisdiction of the
proceeding for judicial review under this Section and under
the Administrative Review Law, as amended, shall be
the same court that entered the injunction
which is provided
for in Section 2a of "An Act in relation to the payment and
disposition of moneys received by officers and employees of the State of
Illinois by virtue of their office or employment", and which enables
such claim proceeding to be processed and disposed of as a claim for
refund proceeding rather than as a claim for credit proceeding.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review of final
administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Service of summons issued in such review proceeding upon the Director
of Revenue or the Assistant Director of Revenue of the Department of
Revenue shall be service upon the Department. The Department shall
certify the record of its proceedings if the licensee shall pay to it
the sum of 75¢ per page of testimony taken before the Department and 25¢
per page of all other matters contained in such record, except that
these charges may be waived where the Department is satisfied that the
aggrieved party is a poor person who cannot afford to pay such charges.
Provided, however, before the delivery of such record to the person
applying for same, the payment therefor shall be made as hereinabove provided, and
in the event of nonpayment for the record as hereinabove provided
within 30 days
after notice that such record is available, the complaint may be
dismissed by the court upon motion of the Department.
No stay order shall be entered by the Circuit Court unless the
plaintiff in the review proceedings shall file with the court a bond
in an amount fixed and approved by the court to indemnify the State
against all loss and injury which may be sustained by it on account of
the review proceedings and to secure all costs which may be occasioned
by such proceedings.
Whenever notice is required by this Act, such notice may be given by
United States registered or certified mail with return receipt
requested, addressed to the person concerned at his or her last known address,
and proof of such mailing shall be sufficient for the purposes of this
Act.
Whenever any proceeding provided by this Act is commenced before the
Department, either by the Department or by a person subject to this Act,
and such person thereafter dies or becomes a person under legal disability
before such
proceeding is concluded, the legal representative of the deceased
or the guardian of the person under legal disability shall notify the
Department of such death or legal disability. The legal representative,
as such, shall then be
substituted by the Department for such person. If the legal
representative fails to notify the Department of his or her appointment as such
legal representative, the Department may, upon its own motion,
substitute such legal representative in the proceeding pending before
the Department for the person who died or became a person under legal
disability.
(Source: P.A. 83-345.)
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