Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart B - RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS › Section 104.110 - Conduct of Hearings on Joint Owner's Contest of Levy of Jointly-Owned Personal Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearings
				on joint owner's petition to contest the lien or levy of jointly-owned personal
				property, including accounts held in financial institutions, shall be governed
				by Sections
				104.10
				through
				104.70,
				except that "appellant" as used within this Part shall refer to the joint owner
				who petitions, and except as set forth in this Section.
b) A joint owner's petition to contest lien
				or levy of jointly-owned personal property must be filed with the regional or
				central office of the Division of Child Support Enforcement at the address
				shown in the notice of lien or levy.
c) For purposes of notice and of presenting
				evidence, the Title IV-D client and the responsible relative shall be
				considered interested parties.
d)
				Hearings shall be conducted by a hearing officer authorized by the Director of
				the Department to consider issues involving joint owner petitions to contest
				lien or levy of jointly-owned personal property.
e) If the joint owner is an Illinois
				resident, the hearing shall be conducted in the joint owner's county of
				residence. If the joint owner is not an Illinois resident, but the client is an
				Illinois resident, the hearing shall be conducted in the client's county of
				residence. If neither the joint owner nor the client is an Illinois resident,
				the hearing shall be conducted in the responsible relative's county of
				residence. If the joint owner, the client and the responsible relative are not
				residents of Illinois, the hearing shall be conducted in the appropriate
				regional office of the Division of Child Support Enforcement. In any event, the
				hearing may be conducted in a county acceptable to the joint owner, the client,
				the responsible relative and the Division of Child Support Enforcement. If a
				party is outside the State, he or she may, in a manner consistent with Section
				11-8.2 of the Public Aid Code, present his or her case through depositions and
				witnesses. In addition, a party may request to participate in a hearing by
				telephone, at his or her own expense.
f) Documents certified by a clerk of court or
				a Title IV-D agency shall be admitted into evidence without further proof.
				(Refer to Section
				104.23
				for admission of other evidence.)
g) In addition to the joint owner, the
				Division of Child Support Enforcement, the client or the responsible relative
				may request and receive a continuance for good cause shown (for example,
				illness or other circumstance that prevents a party from continuing in the
				normal course of the hearing).
h)
				The burden is on the joint owner to prove his or her share of the personal
				property or account through production of documentary evidence. Documentary
				evidence of the joint owner's share may include, but shall not be limited to,
				the following:
1) bank statements;
2) bank signature cards;
3) canceled checks or facsimiles of checks
				deposited into or drawn on the account;
4) account numbers of accounts being held in
				financial institutions;
5) title to
				the personal property;
6) loan
				repayment coupons or other loan documents;
7) receipt from purchase of the personal
				property; and
8) payroll
				records.