c) Any motor carrier placed out-of-service by the Department pursuant to subsection (b) of this Section may appeal that order to the Secretary, who will investigate the matter.

1. 1) Appeals shall be filed in writing with the Secretary no more than 20 days after the out-of-service order is served as prescribed under 92 Ill. Adm. Code 386.1020. The appeal shall contain the reason for the appeal and a contact person's name, address and telephone number.
2. 2) The Secretary's designee will appoint a Department employee to investigate every appeal submitted to the Department in accordance with this Part. The operations declared out-of-service shall remain out-of-service in Illinois during the duration of the investigation.
3. 3) The Department's investigation will be concluded within 30 days after the receipt of the appeal by the Department.
4. 4) Within the 30 day investigative period, the Secretary will issue written notification to the petitioner indicating the Department's determination as to the correctness or incorrectness of the out-of-service order remaining in effect.
5. 5) The Department's written notification, served by certified mail return receipt requested, will include a statement of the facts relied upon and issues decided by the Department in making its determination. The Department's determination is considered administratively final.

f) The Department will rescind its out-of-service order issued under this Section within five business days after being notified that the FMCSA has rescinded the "unsatisfactory" rating or will not assign a final "unsatisfactory" rating to the motor carrier. After verification of the rescission from the FMCSA, written notification of the rescission will be sent within that time period by certified mail to the motor carrier.

(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)