Road Map To Appeal Procedures

[Elmer Fudd]

I am trying to clarify a maze here.....I would consider myself to be reasonably familiar with the ISP process then I sat down and read it again. Here is the statute::

 

Section 1231.170 Appeals

 

a) Appeals to CCLRB

An individual whose application for an FCCL is denied or whose FCCL is suspended or revoked may petition the Department for relief unless the denial is based upon a determination of the CCLRB. A denial based upon a determination of the CCLRB may be appealed through petition to the circuit court in the county of the applicant's residence, pursuant to Section 87(a) of the Act.

 

Informal Relief Proceeding

1) Individuals who wish to request relief from the Department shall provide written notice to the Department within 60 days after receipt of the notice that their FCCL application is denied or their FCCL is revoked to begin the appeal process.

2) The petitioner must provide to the Department any reasonable documentation requested by the Department related to the determination for granting relief.

3) Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation. If the Director is satisfied that substantial justice has not been done through the denial or revocation and that it is not likely that the applicant or any other party will be injured by the granting of the relief, the Director or his or her designee may grant relief.

4) The appeal process shall not begin until the Department has received all the necessary documentation.

5) In the event the Director or his or her designee desires additional information concerning the circumstances surrounding the denial or revocation action, the Director may schedule a fact-finding conference with the petitioner or request additional information.

6) The Director or his or her designee may grant or deny relief as a result of the fact-finding conference.

 

7) In an informal relief proceeding, the petitioner may be represented by counsel or present witnesses who have direct knowledge of the circumstances of the denial or revocation and may present any evidence or information relating to the Department's action.

 

c) Formal Administrative Hearing

1) If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may request a formal administrative hearing. The request for hearing must be in writing and sent to the DSP Firearms Services Bureau, Appeals Unit.

2) The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The ALJ may be disqualified for bias or conflict of interest.

3) The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.

4) In the event relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial.

d) Administrative Review Law

All final administrative decisions of the Department or the CCLRB shall be subject to judicial review under the Administrative Review Law.

 

The statute seems to identify four distinct types of appeals.

 

• Appeal to the CCLRB where there is a denial of an FCCL Application or a suspension
• Informal Appeal within the ISP
• Formal Appeal within the ISP
• Administrative Review Law which involves recourse to the applicable Circuit Court where there has been an adverse determination by the CCLRB or ISP of an appeal of which type.

My questions are very focused:[This top page is going to be a work in progress as I put more pieces together]...pardon the confusion.

 

1. It seems that a denial for "clear and present danger" or an LE objection is automatically put in front of the CCLRB. Here is the link to CCLRB Appeal Thread http://illinoiscarry.com/forum/index.php?showtopic=47833
2. When does the informal ISP appeal procedure apply? How about the formal ISP appeal procedure? Are certain types of issues mandated to use one or the other type of appeal procedure?
3. It appears that the path may be first step is an informal appeal....then a formal appeal if the informal is denied...but it isn't clear where the interface is and at what point does CCLRB get involved.
4. What is the actual difference between informal and formal appeals? Adding a clarification this thread isn''t clear between the two types of appeals http://illinoiscarry.com/forum/index.php?showtopic=47588
5. It strikes me that there has been very little discussion of what the differences are between the procedures and when they apply. Hopefully this thread will hash out the differences.

[Molly B.]

1. Only applications with an objection filed by a law enforcement agency go before the CCL Review Board.

 

2. Informal appeal to the ISP is the first step in an appeal for applications denied by the ISP. Formal appeal is the next step if denied in informal appeal.

 

3. Correct, informal step 1, formal step 2 , CCL RB does not get involved in these types of denials and appeals.

 

4. Difference in informal and formal - informal you provide your reason for appeal and documentation to the director. Formal, if director denies appeal you get a hearing with an ALJ. If denied there, you can appeal in circuit court or wait and reapply in two years.

[Elmer Fudd]

So denied formal appeals and CCLRB go to Circuit Court.

 

Informal appeals are done via ISP form by mail may not have a formal hearing.

 

Formal hearing is in person with rules of procedure in place.

 

If ISP itself denies you for whatever reason your first step is always an ISP appeal.

 

If another LE agency objects you go directly to CCLRB.

 

So a DUI denial always starts with an ISP appeal.

[Molly B.]

Correct.

[Elmer Fudd]

I think this clarifies a whole bunch of appeal related questions.

[Elmer Fudd]

I would encourage anyone that has questions about where an appeal goes or how it proceeds to post it.......there is some significant clarity here.

[IronSam]

My ISP Denial Letter for DUI classes came March 13 and I replied the next day by mail to the ISP Firearms Services with no response. I sent a Request for Admin. Review to the Appleals Section on April 17 with all the same documents and statement that I have never been treated for alcoholism and againg no response to date. My last letter from ISP stated that the Board of Review finds me eligible and ISP would resume processing my application.

[Elmer Fudd]

IronSam..and I am asking Molly to join in this one is this. My understanding is that your denial by ISP wasn't LE initiated so you would be on the path to file starting with an Informal Appeal within ISP...and then if denied a Formal Appeal within ISP.....and if denied there it would go to Circuit Court. You would never be dealing with CCLRB. I hope this helps to clarify my understanding of how it goes.

[slayer38115]

I'd like to get some clarity on time lines for appeals. Ironsam stated he received a letter from the ISP saying he was now eligable, how long from the date of appeal to the receipt of that letter. I appealed on April 21st for the same reason as his. I haven't heard anything from them except when I called them to verify receipt of my appeal package.

[Molly B.]

I'd like to get some clarity on time lines for appeals. Ironsam stated he received a letter from the ISP saying he was now eligable, how long from the date of appeal to the receipt of that letter. I appealed on April 21st for the same reason as his. I haven't heard anything from them except when I called them to verify receipt of my appeal package.

 

My understanding is the ISP is currently developing a standard procedure/timeline for the appeal process. Have not seen it yet.

[cnwfan3]

If you are denied by the CCLRB and do not appeal, can you reapply at some point in the future? I know some don't have the money to appeal so I was just wondering if one can reapply in the future or is the denial permanent? If you do appeal and lose your appeal in the circuit court, can you reapply at some point in the future or is the denial ruling permanent?

[Sysco70]

Great question ! But I don't think anyone knows yet.

[Chris11]

After reading the statute you posted I would guess the problem is the six times the word " MAY" appears. It's like the difference between a may issue state compared to a shall issue state.

[Molly B.]

If you are denied by the CCLRB and do not appeal, can you reapply at some point in the future? I know some don't have the money to appeal so I was just wondering if one can reapply in the future or is the denial permanent? If you do appeal and lose your appeal in the circuit court, can you reapply at some point in the future or is the denial ruling permanent?

 

I believe you can reapply after two years.

[Dr. Rat]

If you are denied by the CCLRB and do not appeal, can you reapply at some point in the future? I know some don't have the money to appeal so I was just wondering if one can reapply in the future or is the denial permanent? If you do appeal and lose your appeal in the circuit court, can you reapply at some point in the future or is the denial ruling permanent?

 

Wouldn't you expect the disqualifying issue to come up again though?

[Elmer Fudd]

 

If you are denied by the CCLRB and do not appeal, can you reapply at some point in the future? I know some don't have the money to appeal so I was just wondering if one can reapply in the future or is the denial permanent? If you do appeal and lose your appeal in the circuit court, can you reapply at some point in the future or is the denial ruling permanent?

 

Wouldn't you expect the disqualifying issue to come up again though?

 

The logic would be that something would have changed with respect to the underlying facts such as the completion of an expungement, close out of an order of protection. or the potential that LE wouldn't file the same objection again if it was the "clear and present danger" issue.

[Dr. Rat]

 

 

If you are denied by the CCLRB and do not appeal, can you reapply at some point in the future? I know some don't have the money to appeal so I was just wondering if one can reapply in the future or is the denial permanent? If you do appeal and lose your appeal in the circuit court, can you reapply at some point in the future or is the denial ruling permanent?

 

Wouldn't you expect the disqualifying issue to come up again though?

 

The logic would be that something would have changed with respect to the underlying facts such as the completion of an expungement, close out of an order of protection. or the potential that LE wouldn't file the same objection again if it was the "clear and present danger" issue.

 

 

I see. Thanks.