Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart B - RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS › Section 104.101 - Petition for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any client or
				responsible relative aggrieved by an administrative support order entered, or
				any responsible relative aggrieved by a determination or redetermination of
				past-due support, or any responsible relative or joint holder aggrieved by a
				determination of the share of jointly-owned funds made by the Department may
				petition for a hearing for release from or modification of the order or to
				contest the determination or redetermination.
b) A petition for release from or
				modification of an administrative support order under subsection (a) of this
				Section shall be filed within 30 days after the date of mailing of the order.
				The day immediately subsequent to the mailing of the order shall be considered
				as the first day, and the day the petition is received by the Department shall
				be considered as the last day in computing the 30 day appeal period.
c) A petition to contest a determination or
				redetermination of past-due support or determination of share of jointly-owned
				funds under subsection (a) of this Section shall be filed within 15 days after
				the date of mailing of the determination or redetermination. The day
				immediately subsequent to the mailing of the determination or redetermination
				shall be considered the first day, and the day the petition is received by the
				Department shall be considered the last day in computing the 15 day appeal
				period.
d) A petition to contest a
				determination of share of jointly-owned funds by a joint owner who was not
				provided with a Notice of Lien or Levy by the Department shall be filed within
				45 days after the date of levy of the account or other personal property, as
				set forth in 89 Ill. Adm. Code
				160.70(f)(2)(B)(vi).
				The day immediately subsequent to the date of levy shall be considered the
				first day, and the day the petition is received by the Department shall be
				considered the last day in computing the 45 day appeal period.
e) Any responsible relative in a case with an
				administrative support order may petition the Department for a hearing to
				contest withholding, or to correct a term contained in an income withholding
				notice or a National Medical Support Notice, or to modify, suspend or terminate
				an income withholding notice or a National Medical Support Notice for the
				reasons provided in 89 Ill. Adm. Code
				160.75(d),
				(e), (j) and (n).
f) The petition to modify, suspend,
				terminate, or correct a term contained in an income withholding notice may be
				filed at any time and the petition to contest withholding or the National
				Medical Support Notice shall be filed within 20 days after the date of service
				of the copy of the income withholding notice or the National Medical Support
				Notice upon the responsible relative. The day immediately subsequent to the day
				of service of the copy of the notice shall be considered the first day, and the
				day the petition is received by the Department shall be considered the last day
				in computing the 20 day appeal period.
g) The Department shall, upon receipt of a
				petition, provide for a hearing to be held, except as provided in Section
				104.103(b).