Rep. John E. Bradley
Filed: 3/20/2015
 
 


 




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1
AMENDMENT TO HOUSE BILL 3218




2 AMENDMENT NO. ______. Amend House Bill 3218 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Concealed Carry Act is amended by 
5changing Sections 5, 10, 15, 20, 70, and 87 as follows:

6 (430 ILCS 66/5)

7 Sec. 5. Definitions. As used in this Act:
8 "Applicant" means a person who is applying for a license to 
9carry a concealed firearm under this Act.
10 "Board" means the Concealed Carry Licensing Review Board.
11 "Concealed firearm" means a loaded or unloaded handgun 
12carried on or about a person completely or mostly concealed 
13from view of the public or on or about a person within a 
14vehicle.
15 "Department" means the Department of State Police.
16 "Director" means the Director of State Police.
 
 
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1 "Electronic portal" or "portal" means a secure 
2password-protected electronic interface provided by the 
3Department for the purpose of sharing information with 
4applicants. 
5 "Handgun" means any device which is designed to expel a 
6projectile or projectiles by the action of an explosion, 
7expansion of gas, or escape of gas that is designed to be held 
8and fired by the use of a single hand. "Handgun" does not 
9include:
10  (1) a stun gun or taser;
11  (2) a machine gun as defined in item (i) of paragraph 
12 (7) of subsection (a) of Section 24-1 of the Criminal Code 
13 of 2012;
14  (3) a short-barreled rifle or shotgun as defined in 
15 item (ii) of paragraph (7) of subsection (a) of Section 
16 24-1 of the Criminal Code of 2012; or
17  (4) any pneumatic gun, spring gun, paint ball gun, or 
18 B-B gun which
expels a single globular projectile not 
19 exceeding .18 inch in
diameter, or which has a maximum 
20 muzzle velocity of less than 700 feet
per second, or which 
21 expels breakable paint balls containing washable marking 
22 colors.
23 "Law enforcement agency" means any federal, State, or local 
24law enforcement agency, including offices of State's Attorneys 
25and the Office of the Attorney General.
26 "License" means a license issued by the Department of State 
 
 
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1Police to carry a concealed handgun.
2 "Licensee" means a person issued a license to carry a 
3concealed handgun.
4 "Municipality" has the meaning ascribed to it in Section 1 
5of Article VII of the Illinois Constitution.
6 "Unit of local government" has the meaning ascribed to it 
7in Section 1 of Article VII of the Illinois Constitution.

8(Source: P.A. 98-63, eff. 7-9-13.)

9 (430 ILCS 66/10)

10 Sec. 10. Issuance of licenses to carry a concealed firearm. 
11 (a) The Department shall issue a license to carry a 
12concealed firearm under this Act to an applicant who:
13  (1) meets the qualifications of Section 25 of this Act;
14  (2) has provided the application and documentation 
15 required in Section 30 of this Act; 
16  (3) has submitted the requisite fees; and
17  (4) does not pose a danger to himself, herself, or 
18 others, or a threat to public safety as determined by the 
19 Concealed Carry Licensing Review Board in accordance with 
20 Section 20.
21 (b) The Department shall issue a renewal, corrected, or 
22duplicate license as provided in this Act.
23 (c) A license shall be valid throughout the State for a 
24period of 5 years from the date of issuance. A license shall 
25permit the licensee to:
 
 
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1  (1) carry a loaded or unloaded concealed firearm, fully 
2 concealed or partially concealed, on or about his or her 
3 person; and

4  (2) keep or carry a loaded or unloaded concealed 
5 firearm on or about his or her person within a vehicle.
6 (d) The Department shall make applications for a license 
7available no later than 180 days after the effective date of 
8this Act. The Department shall establish rules for the 
9availability and submission of applications in accordance with 
10this Act.
11 (e) An application for a license submitted to the 
12Department that contains all the information and materials 
13required by this Act, including the requisite fee, shall be 
14deemed completed. Except as otherwise provided in this Act, no 
15later than 90 days after receipt of a completed application, 
16the Department shall issue or deny the applicant a license.
17 (f) The Department shall deny the applicant a license if 
18the applicant fails to meet the requirements under this Act or 
19the Department receives a determination from the Board that the 
20applicant is ineligible for a license. The Department must 
21notify the applicant stating the statutory grounds for the 
22denial and the applicant's right to review copies of all 
23documents and other evidence upon which the Department and 
24Board relied in making its determination of ineligibility. The 
25notice of denial must inform the applicant of his or her right 
26to an appeal through administrative and judicial review. The 
 
 
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1notification shall be provided to an applicant as follows:
2  (1) If an applicant submitted an application via 
3 electronic means, the applicant shall receive notice from 
4 the Department regarding the applicant's acceptance or 
5 denial via electronic means. The Department shall post 
6 notice within the electronic portal established by the 
7 Department for that specific applicant. The portal shall 
8 clearly indicate the date on which the denial or acceptance 
9 notice was posted. If an applicant is denied a license, 
10 additional notification procedures shall be as follows:
11   (A) Upon posting a denial notice within the 
12 applicant's secure electronic portal, the Department 
13 shall keep a record of the first time the denial letter 
14 is viewed by the applicant.
15   (B) Upon posting a denial notice within the 
16 applicant's secure electronic portal, the Department 
17 shall send the applicant an email to the email address 
18 on the application informing him or her that the 
19 decision has been posted. The email shall not contain 
20 any information about the content of the denial letter.
21   (C) The Department shall send a second notice 
22 regarding the fact that a decision has been posted 
23 within the applicant's portal 5 business days after the 
24 first notice was sent.
25   (D) The time in which an applicant may petition for 
26 administrative or judicial review shall begin to 
 
 
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1 accrue on the date that the applicant first views the 
2 denial letter within the applicant's secure portal as 
3 recorded by the Department, or the date of the second 
4 email notification as provided in subparagraph (C) of 
5 paragraph (1) of this subsection (f), whichever is 
6 sooner.
7  (2) If an applicant submitted an application on paper, 
8 the applicant shall receive notice from the Department 
9 regarding the applicant's acceptance or denial on paper. 
10 The Department shall send the applicant a paper letter via 
11 traditional mail to the address indicated on the 
12 application. If an applicant is denied a license, the 
13 Department shall mail the denial letter through the United 
14 States Postal Service. The time limitation in which an 
15 applicant may seek administrative or judicial review shall 
16 begin to accrue 5 calendar days after the postmark on the 
17 letter mailed by the Department.
18  (3) If the Department does not send a denial letter to 
19 the correct address, or does not send a denial notification 
20 email to an applicant's correct email address, the time 
21 limitation in which an applicant may seek review of the 
22 Department's decision shall be tolled until the Department 
23 corrects the error and the applicant has received actual 
24 notice of the denial. 
25 (g) A licensee shall possess a license at all times the 
26licensee carries a concealed firearm except:
 
 
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1  (1) when the licensee is carrying or possessing a 
2 concealed firearm on his or her land or in his or her 
3 abode, legal dwelling, or fixed place of business, or on 
4 the land or in the legal dwelling of another person as an 
5 invitee with that person's permission;
6  (2) when the person is authorized to carry a firearm 
7 under Section 24-2 of the Criminal Code of 2012, except 
8 subsection (a-5) of that Section; or
9  (3) when the handgun is broken down in a 
10 non-functioning state, is not immediately accessible, or 
11 is unloaded and enclosed in a case.
12 (h) If an officer of a law enforcement agency initiates an 
13investigative stop, including but not limited to a traffic 
14stop, of a licensee or a non-resident carrying a concealed 
15firearm under subsection (e) of
Section 40 of this Act, upon 
16the request of the officer the licensee or non-resident shall 
17disclose to the officer that he or she is in possession of a 
18concealed firearm under this Act, present the license upon the 
19request of the officer if he or she is a licensee or present 
20upon the request of the officer evidence
under paragraph (2) of 
21subsection (e) of Section 40 of this Act that he or she is a 
22non-resident qualified to carry
under that subsection, and 
23identify the location of the concealed firearm. During a 
24traffic stop, any
passenger within the vehicle who is a 
25licensee or a non-resident carrying under subsection (e) of

26Section 40 of this Act must comply with the requirements of 
 
 
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1this subsection (h). 
2 (i) The Department shall maintain a database of license 
3applicants and licensees. The database shall be available to 
4all federal, State, and local law enforcement agencies, State's 
5Attorneys, the Attorney General, and authorized court 
6personnel. Within 180 days after the effective date of this 
7Act, the database shall be searchable and provide all 
8information included in the application, including the 
9applicant's previous addresses within the 10 years prior to the 
10license application and any information related to violations 
11of this Act. No law enforcement agency, State's Attorney, 
12Attorney General, or member or staff of the judiciary shall 
13provide any information to a requester who is not entitled to 
14it by law.
15 (j) No later than 10 days after receipt of a completed 
16application, the Department shall enter the relevant 
17information about the applicant into the database under 
18subsection (i) of this Section which is accessible by law 
19enforcement agencies.

20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

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 
 
 
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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, the Board shall make available to the 
11applicant copies of all law enforcement objections upon which 
12the Board relied in making its decision under Section 10 of 
13this Act. 
14 (b) If an applicant has 5 or more arrests for any reason, 
15that have been entered into the Criminal History Records 
16Information (CHRI) System, within the 7 years preceding the 
17date of application for a license, or has 3 or more arrests 
18within the 7 years preceding the date of application for a 
19license for any combination of gang-related offenses, the 
20Department shall object and submit the applicant's arrest 
21record to the extent the Board is allowed to receive that 
22information under State and federal law, the application 
23materials, and any additional information submitted by a law 
24enforcement agency to the Board. For purposes of this 
25subsection, "gang-related offense" is an offense described in 
26Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or 
 
 
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1Section 33G-4, or in paragraph (1) of subsection (a) of Section 
212-6.2, paragraph (2) of subsection (b) of Section 16-30, 
3paragraph (2) of subsection (b) of Section 31-4, or item (iii) 
4of paragraph (1.5) of subsection (i) of Section 48-1 of the 
5Criminal Code of 2012.
6 (c) The referral of an objection under this Section to the 
7Board shall toll the 90-day period for the Department to issue 
8or deny the applicant a license under subsection (e) of Section 
910 of this Act, during the period of review and until the Board 
10issues its decision. Upon the referral, applicants shall be 
11given notice by the Department that the application is 
12undergoing review by the Board. The notice shall include the 
13next date upon which the Board is expected to convene, and 
14shall inform the applicant that the 90-day period has been 
15tolled. 
16 (d) If no objection is made by a law enforcement agency or 
17the Department under this Section, the Department shall process 
18the application in accordance with this Act.

19(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

20 (430 ILCS 66/20)

21 Sec. 20. Concealed Carry Licensing Review Board. 
22 (a) There is hereby created within the Department of State 
23Police a Concealed Carry Licensing Review Board to consider any 
24objection to an applicant's eligibility to obtain a license 
25under this Act submitted by a law enforcement agency or the 
 
 
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1Department under Section 15 of this Act. The Board shall 
2consist of 7 commissioners to be appointed by the Governor, 
3with the advice and consent of the Senate, with 3 commissioners 
4residing within the First Judicial District and one 
5commissioner residing within each of the 4 remaining Judicial 
6Districts. No more than 4 commissioners shall be members of the 
7same political party. The Governor shall designate one 
8commissioner as the Chairperson. The Board shall consist of:
9  (1) one commissioner with at least 5 years of service 
10 as a federal judge;
11  (2) 2 commissioners with at least 5 years of experience 
12 serving as an attorney with the United States Department of 
13 Justice;
14  (3) 3 commissioners with at least 5 years of experience 
15 as a federal agent or employee with investigative 
16 experience or duties related to criminal justice under the 
17 United States Department of Justice, Drug Enforcement 
18 Administration, Department of Homeland Security, or 
19 Federal Bureau of Investigation; and
20  (4) one member with at least 5 years of experience as a 
21 licensed physician or clinical psychologist with expertise 
22 in the diagnosis and treatment of mental illness.
23 (b) The initial terms of the commissioners shall end on 
24January 12, 2015. Thereafter, the commissioners shall hold 
25office for 4 years, with terms expiring on the second Monday in 
26January of the fourth year. Commissioners may be reappointed. 
 
 
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1Vacancies in the office of commissioner shall be filled in the 
2same manner as the original appointment, for the remainder of 
3the unexpired term. The Governor may remove a commissioner for 
4incompetence, neglect of duty, malfeasance, or inability to 
5serve. Commissioners shall receive compensation in an amount 
6equal to the compensation of members of the Executive Ethics 
7Commission and may be reimbursed for reasonable expenses 
8actually incurred in the performance of their Board duties, 
9from funds appropriated for that purpose.
10 (c) The Board shall meet at the call of the chairperson as 
11often as necessary to consider objections to applications for a 
12license under this Act. If necessary to ensure the 
13participation of a commissioner, the Board shall allow a 
14commissioner to participate in a Board meeting by electronic 
15communication. Any commissioner participating electronically 
16shall be deemed present for purposes of establishing a quorum 
17and voting.
18 (d) The Board shall adopt rules for the review of 
19objections and the conduct of hearings. The Board shall 
20maintain a record of its decisions and all materials considered 
21in making its decisions. All Board decisions and voting records 
22shall be kept confidential and all materials considered by the 
23Board shall be exempt from inspection except upon order of a 
24court.
25 (e) In considering an objection of a law enforcement agency 
26or the Department, the Board shall review the materials 
 
 
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1received with the objection from the law enforcement agency or 
2the Department. By a vote of at least 4 commissioners, the 
3Board may request additional information from the law 
4enforcement agency, Department, or the applicant, or the 
5testimony of the law enforcement agency, Department, or the 
6applicant. The Board may require that the applicant submit 
7electronic fingerprints to the Department for an updated 
8background check where the Board determines it lacks sufficient 
9information to determine eligibility. The Board may only 
10consider information submitted by the Department, a law 
11enforcement agency, or the applicant. The Board shall review 
12each objection and determine by a majority of commissioners 
13whether an applicant is eligible for a license.
14 (f) The Board shall issue a decision within 30 days of 
15receipt of the objection from the Department. The decision 
16shall give the specific reason or reasons why the application 
17was denied. The However, the Board need not issue its a 
18decision within the 30-day period days if:
19  (1) the Board requests information from the applicant, 
20 including but not limited to electronic fingerprints to be 
21 submitted to the Department, in accordance with subsection 
22 (e) of this Section, in which case the Board shall issue 
23 its make a decision within 30 days of receipt of the 
24 required information from the applicant;
25  (2) the applicant agrees, in writing, to allow the 
26 Board additional time to consider an objection before 
 
 
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1 issuing its decision; or
2  (3) the Board notifies the applicant and the Department 
3 that the Board needs an additional 30 days to issue its a 
4 decision.
5 (g) If the Board determines by a preponderance of the 
6evidence that an applicant is ineligible for a license, the 
7Board shall designate the statutory reason or reasons for the 
8denial. The denial letter issued by the Department to an 
9applicant shall designate the specific reason or reasons 
10pertaining to eligibility as designated by Sections 15, 25, or 
11any other provision of this Act, which was relied upon by the 
12Board in making its decision.
13  (1) The Board shall designate one or more of the 
14 following reasons for denying the application:
15   (A) the applicant has been convicted or found 
16 guilty of a misdemeanor involving the use or threat of 
17 physical force or violence to any person in this or any 
18 other state within the 5 years preceding the date of 
19 the license application;
20   (B) the applicant has had 2 or more violations 
21 related to driving while under the influence of 
22 alcohol, other drug or drugs, intoxicating compound or 
23 compounds, or any combination thereof, within the 5 
24 years preceding the date of the license application;
25   (C) the applicant is the subject of a pending 
26 arrest warrant, prosecution, or proceeding for an 
 
 
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1 offense or action that could lead to disqualification 
2 to own or possess a firearm;
3   (D) the applicant has been in residential or 
4 court-ordered treatment for alcoholism, alcohol 
5 detoxification, or drug treatment within the 5 years 
6 immediately preceding the date of the license 
7 application;
8   (E) the applicant has had 5 or more arrests that 
9 have been entered into the Criminal History Records 
10 Information (CHRI) System, within the 7 years 
11 preceding the date of application for a license;
12   (F) the applicant has 3 or more arrests within the 
13 7 years preceding the date of application for a license 
14 for any combination of gang-related offenses;
15   (G) the applicant poses a danger to himself, 
16 herself, or others, as determined by the Board upon 
17 reviewing the applicant's juvenile court, criminal 
18 justice, psychological, or psychiatric records;
19   (H) other reasons cited by the Board; however, the 
20 Board must explain the specific statutory reasons for 
21 its decision. the applicant poses a danger to himself 
22 or herself or others, or is a threat to public safety, 
23 then the Board shall affirm the objection of the law 
24 enforcement agency or the Department and shall notify 
25 the Department that the applicant is ineligible for a 
26 license.
 
 
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1  (2) If the Board does not determine by a preponderance 
2 of the evidence that the applicant poses a danger to 
3 himself or herself or others, or is a threat to public 
4 safety, then the Board shall notify the Department that the 
5 applicant is eligible for a license.
6 (h) Meetings of the Board shall not be subject to the Open 
7Meetings Act and records of the Board shall not be subject to 
8the Freedom of Information Act. However, all documents and 
9evidence provided to the Board, including a list of the names 
10of all witnesses who provided testimony to the Board, shall be 
11made available to the applicant. To the extent that the Board 
12has reviewed the medical records of an applicant, or any other 
13records subject to any law or rule providing for the 
14applicant's privacy, disclosure of those records shall comply 
15with all applicable privacy laws, rules, and regulations. 
16 (i) The Board shall report monthly to the Governor and the 
17General Assembly on the number of objections received and 
18provide details of the circumstances in which the Board has 
19determined to deny licensure based on law enforcement or 
20Department objections under Section 15 of this Act. The report 
21shall not contain any identifying information about the 
22applicants.

23(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

24 (430 ILCS 66/70)

25 Sec. 70. Violations. 
 
 
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1 (a) A license issued or renewed under this Act shall be 
2revoked if, at any time, the licensee is found to be ineligible 
3for a license under this Act or the licensee no longer meets 
4the eligibility requirements of the Firearm Owners 
5Identification Card Act. The notification and appeals 
6processes for revoked licenses shall be the same as those for 
7denied applications under Sections 10, 15, and 87 of this Act. 
8 (b) A license shall be suspended if an order of protection, 
9including an emergency order of protection, plenary order of 
10protection, or interim order of protection under Article 112A 
11of the Code of Criminal Procedure of 1963 or under the Illinois 
12Domestic Violence Act of 1986, is issued against a licensee for 
13the duration of the order, or if the Department is made aware 
14of a similar order issued against the licensee in any other 
15jurisdiction. If an order of protection is issued against a 
16licensee, the licensee shall surrender the license, as 
17applicable, to the court at the time the order is entered or to 
18the law enforcement agency or entity serving process at the 
19time the licensee is served the order. The court, law 
20enforcement agency, or entity responsible for serving the order 
21of protection shall notify the Department within 7 days and 
22transmit the license to the Department.
23 (c) A license is invalid upon expiration of the license, 
24unless the licensee has submitted an application to renew the 
25license, and the applicant is otherwise eligible to possess a 
26license under this Act.
 
 
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1 (d) A licensee shall not carry a concealed firearm while 
2under the influence of alcohol, other drug or drugs, 
3intoxicating compound or combination of compounds, or any 
4combination thereof, under the standards set forth in 
5subsection (a) of Section 11-501 of the Illinois Vehicle Code.
6 A licensee in violation of this subsection (d) shall be 
7guilty of a Class A misdemeanor for a first or second violation 
8and a Class 4 felony for a third violation. The Department may 
9suspend a license for up to 6 months for a second violation and 
10shall permanently revoke a license for a third violation.
11 (e) Except as otherwise provided, a licensee in violation 
12of this Act shall be guilty of a Class B misdemeanor. A second 
13or subsequent violation is a Class A misdemeanor. The 
14Department may suspend a license for up to 6 months for a 
15second violation and shall permanently revoke a license for 3 
16or more violations of Section 65 of this Act. Any person 
17convicted of a violation under this Section shall pay a $150 
18fee to be deposited into the Mental Health Reporting Fund, plus 
19any applicable court costs or fees.
20 (f) A licensee convicted or found guilty of a violation of 
21this Act who has a valid license and is otherwise eligible to 
22carry a concealed firearm shall only be subject to the 
23penalties under this Section and shall not be subject to the 
24penalties under Section 21-6, paragraph (4), (8), or (10) of 
25subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
26of paragraph (3) of subsection (a) of Section 24-1.6 of the 
 
 
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1Criminal Code of 2012. Except as otherwise provided in this 
2subsection, nothing in this subsection prohibits the licensee 
3from being subjected to penalties for violations other than 
4those specified in this Act.
5 (g) A licensee whose license is revoked, suspended, or 
6denied shall, within 48 hours of receiving notice of the 
7revocation, suspension, or denial, surrender his or her 
8concealed carry license to the local law enforcement agency 
9where the person resides. The local law enforcement agency 
10shall provide the licensee a receipt and transmit the concealed 
11carry license to the Department of State Police. If the 
12licensee whose concealed carry license has been revoked, 
13suspended, or denied fails to comply with the requirements of 
14this subsection, the law enforcement agency where the person 
15resides may petition the circuit court to issue a warrant to 
16search for and seize the concealed carry license in the 
17possession and under the custody or control of the licensee 
18whose concealed carry license has been revoked, suspended, or 
19denied. The observation of a concealed carry license in the 
20possession of a person whose license has been revoked, 
21suspended, or denied constitutes a sufficient basis for the 
22arrest of that person for violation of this subsection. A 
23violation of this subsection is a Class A misdemeanor.
24 (h) A license issued or renewed under this Act shall be 
25revoked if, at any time, the licensee is found ineligible for a 
26Firearm Owner's Identification Card, or the licensee no longer 
 
 
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1possesses a valid Firearm Owner's Identification Card. A 
2licensee whose license is revoked under this subsection (h) 
3shall surrender his or her concealed carry license as provided 
4for in subsection (g) of this Section. 
5 This subsection shall not apply to a person who has filed 
6an application with the State Police for renewal of a Firearm

7Owner's Identification Card and who is not otherwise ineligible 
8to obtain a Firearm Owner's Identification Card.

9 (i) A certified firearms instructor who knowingly provides 
10or offers to provide a false certification that an applicant 
11has completed firearms training as required under this Act is 
12guilty of a Class A misdemeanor. A person guilty of a violation 
13of this subsection (i) is not eligible for court supervision. 
14The Department shall permanently revoke the firearms 
15instructor certification of a person convicted under this 
16subsection (i). 
17(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
18eff. 8-15-14.)

19 (430 ILCS 66/87)

20 Sec. 87. Administrative and judicial review. 
21 (a) Whenever an application for a concealed carry license 
22is denied, whenever the Department fails to act on an 
23application
within 90 days of its receipt, or whenever a 
24license is revoked or suspended as provided in this Act, the 
25aggrieved party may
appeal
to the Director for a hearing upon

 
 
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1the denial, revocation, suspension, or failure to act on the 
2application, unless the denial
was made by the Concealed Carry 
3Licensing Review Board, in which case the
aggrieved party may 
4petition the circuit court in writing in the county of
his or 
5her residence for a hearing upon the denial. The procedure for 
6the petition process shall follow the provisions as for final 
7administrative decisions provided in subsection (b) of this 
8Section. 
9 (b) All final administrative decisions of the Department or 
10the Concealed Carry Licensing Review Board under this
Act shall 
11be subject to judicial review under the provisions of the 
12Administrative
Review Law, except that the time deadline for 
13filing a petition for administrative or judicial review shall 
14be 70 calendar days from the date the notice of denial was 
15received by the applicant as designated in subsection (f) of 
16Section 10 of this Act. When an applicant brings a petition for 
17judicial review under this Act, the petition must be decided 
18without remand to the Department. The term
"administrative 
19decision" is defined as in Section 3-101 of the Code of
Civil 
20Procedure.

21 (c) Within 10 days of sending notice that an application 
22has been denied, the documents or evidence relied upon by the 
23Department or the Board, or both, shall be made available to 
24the applicant.
25  (1) If an applicant submitted his or her application 
26 via electronic means, then within 10 days immediately 
 
 
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1 following the date of the denial notice, the Department 
2 shall post electronic copies of all documents and evidence 
3 relied upon in making its decision to the applicant's 
4 secure electronic portal. An applicant may view all 
5 documents relied upon by the Board in making its decision 
6 to deny an application. To the extent that federal 
7 regulations prohibit the printing or duplication of any 
8 document posted within the portal, the Department shall 
9 give the applicant notice that the documents may not be 
10 printed or duplicated. An applicant may, however, 
11 specifically reference the documents in a petition for 
12 administrative or judicial review and may seek a court 
13 order for the printing, duplication, or in-camera review of 
14 the documents.
15  (2) If the applicant submitted his or her application 
16 on paper, then the applicant shall make a written request 
17 for documents and evidence to the Department, which shall 
18 be signed by the applicant. The request shall be sent to 
19 the Department via certified mail with return receipt 
20 requested. The request may designate that the documents be 
21 sent to the applicant's attorney, if any.
22   (A) The Department shall provide paper copies of 
23 the requested documents and evidence within 14 
24 calendar days of receiving the written request. 
25 Documents shall be sent to the applicant's address or 
26 the address of the applicant's attorney, if one is 
 
 
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1 designated, via United States Mail.
2   (B) If the Department fails to mail the documents 
3 within 10 days of receipt of the applicant's request, 
4 and the postmark on the documents mailed by the 
5 Department does not indicate that they were mailed 
6 within 10 days of receipt of the applicant's written 
7 request, then the time period in which an applicant may 
8 seek administrative or judicial review, or both, under 
9 this Section shall be tolled until the date on which 
10 the Department does in fact mail the documents and 
11 evidence to the applicant as indicated by the postmark 
12 on the envelope or envelopes containing the documents.
13   (C) To the extent that federal regulations 
14 prohibit the printing or duplication of any document 
15 relied upon by the Department or Board in making its 
16 determination, the Department shall give the applicant 
17 notice that the documents exist and shall provide a 
18 method through which the applicant or the applicant's 
19 attorney may view the documents at the applicant's 
20 convenience. Nothing in this Section shall prohibit an 
21 applicant from referencing the documents in a petition 
22 for administrative or judicial review or from seeing a 
23 court order for the printing, duplication, or 
24 in-camera review of the documents.
25  (3) The Department shall keep records on the number of 
26 instances in which it did not respond to evidentiary or 
 
 
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1 document requests, or both, within the 10-day period 
2 designated in this Section. The Department shall further

3 document the number of instances in which federal 
4 regulations prohibited the Department from providing an 
5 applicant with unrestricted access to all documents, and 
6 the final means through which the applicant was able to 
7 view the documents. The Department shall report the 
8 information required in this paragraph (3) to the Governor 
9 and General Assembly in the same manner as provided in 
10 subsection (i) of Section 20 of this Act. 
11(Source: P.A. 98-63, eff. 7-9-13.)".