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92_SB1907eng
SB1907 Engrossed LRB9215896DHgc
1 AN ACT in relation to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 13B-40 as follows:
6 (625 ILCS 5/13B-40)
7 Sec. 13B-40. Grievance procedure. Any person aggrieved
8 by a decision regarding the failure of an emissions test or
9 the denial of a waiver may file a petition with the Agency
10 within 30 days after the decision was made, and the Agency
11 shall thereupon investigate the matter. Within 45 days after
12 the its receipt of the petition, the Agency shall submit to
13 the petitioner and any affected inspector or station its
14 written determination of the correctness or incorrectness of
15 the decision complained of. The written determination shall
16 include a statement of the facts relied upon and the legal
17 and technical issues decided by the Agency in making its
18 determination, and may also include an order directing the
19 inspector (i) to issue an emission inspection certificate for
20 the vehicle effective on such date as the Agency may specify,
21 (ii) to reinspect the vehicle, (iii) to apply the standards
22 that the Agency has determined to be applicable, or (iv) to
23 take any other action that the Agency deems to be
24 appropriate. In conducting the investigation, the Agency may
25 require the petitioner to present the vehicle for inspection
26 by the Agency or its designated agent. The written
27 determination of the Agency shall be subject to review in
28 circuit court in accordance with the provisions of the
29 Administrative Review Law, except that no challenge to the
30 validity of a rule adopted by the Board under subsection (a)
31 of Section 13B-20 shall be heard by the circuit court if the
SB1907 Engrossed -2- LRB9215896DHgc
1 challenge could have been raised in a timely petition for
2 review under Section 13B-20.
3 (Source: P.A. 88-533.)
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