Hearing Facts: How to Request a Hearing
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You have 21 days from the issue date of the first Notice of Toll Violation to contest the violation(s) by requesting an administrative hearing. An administrative hearing can be conducted in person or by mail. Administrative hearings are less formal than a state court trial but still follow a basic structure to ensure fairness and due process of law.
The hearing officer does not have the legal authority to:
- negotiate or offer a settlement.
- waive or lower the mandatory fine/toll amount.
- extend the payment deadline or grant a payment plan.
If a hearing officer finds you liable, you will no longer be eligible for a settlement.
What Happens at an In-Person Hearing?
- The hearing officer outlines the hearing process.
- The Illinois Tollway initiated the case against you, so it has the burden of proof and will present its evidence before you are asked to present a defense. To present its case, the Tollway may:
- Introduce the Notice of Violation
- Call witnesses
- Offer other evidence such as photographs or other documents
- The hearing officer reviews the Illinois Tollway's case to see if it has alleged all the necessary elements required by law.
- If the Tollway has not properly alleged the elements of an offense, the case will be dismissed.
- If the Tollway has properly alleged the elements of an offense, the hearing will proceed and you will have the opportunity to present your case.
- To present your case, you may, like the Tollway:
- Introduce written testimony
- Testify yourself
- Call witnesses
- Offer other evidence such as photographs or other documents
- After both sides have had an opportunity to present their case, the hearing officer will render a decision and written order of liability.
What Happens at a Hearing By Mail?
- The hearing officer first reviews evidence presented by the Tollway which may include the Notice of Violation(s) or other evidence such as photographs or documents. Because the Tollway initiated the case against you, it holds the burden of proof, so the information it provides will be reviewed first.
- The hearing officer then reviews the package of evidence presented by you. You have a right to tell your side of the story to the hearing officer. You may do so through your own testimony on the document enclosed with your Notice of Hearing by Mail. You also may attach the written testimony of witnesses and/or attach other evidence such as photos or vehicle title transfer.
Your documents must be received by the Tollway not less than 5 days prior to the hearing date. Please allow for adequate time for mail delivery.
Be sure to sign the bottom of your written testimony and keep a copy of all submitted documents.
- The hearing officer then renders a decision and issues a hearing officer's Final Order of Liability. By state law the hearing officer must believe that after reviewing all evidence it is more likely than not that a violation has occurred.
- A Copy of the Final Order will be mailed to you.
Either side may appeal the hearing officer's decision to the 18th Judicial (DuPage County) Circuit Court of Illinois under the Administrative Review Law within 35 days of the issuance date of the Final Order of Liability.
Request a Hearing
There are three ways to schedule a hearing to contest your toll violations:
| | PHONE: Call 1-800-UC-IPASS (1-800-824-7277)* |
| | ONLINE: Submit a request online |
| | MAIL: Check the box next to, "PLEASE SCHEDULE A HEARING" on the coupon at the bottom of your Violation Notice. You must indicate what type of hearing you are requesting by writing "BY MAIL" or "IN PERSON" on the coupon. Mail the coupon back to Illinois Tollway, P.O. Box 5201, Lisle, IL 60532-5201. A letter will be sent to you confirming the date and time of your hearing. |
The Tollway must receive any hearing request prior to the violation notice due date.
*If requesting an administrative hearing over the phone, a customer service representative will provide a date and time for the scheduled hearing. You will also receive this information in the mail.
Call Center hours are:
| Monday through Friday | 6 a.m. to 10 p.m. |
| Weekends | 8 a.m. to 5 p.m. |
Non-Peak hours are:
| Tuesday through Friday | After 6 p.m. |
| Weekends | 8 a.m. to 5 p.m. |
Calling during non-peak hours is recommended.
Learn more hearings in the Administrative Code. The hearing process is covered in Subpart F: Toll Violations - Admininstrative Adjudication System.
Special Needs
Individuals requiring accessible entrances to the Tollway's Central Administration Building (2700 Ogden Avenue, Downers Grove, IL 60515) are directed to use the east or south entrances where a ramp is available. A Tollway employee will escort you to the violation hearing rooms.
If English is not your first language, you are responsible for bringing a translator to your hearing. The Tollway will supply a sign language interpreter if needed but a request for such must be made at the time the hearing is requested.