Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1070 - ILLINOIS SAFETY RESPONSIBILITY LAW › Section 1070.110 - Illinois Safety and Family Financial Responsibility Law

Current through Register Vol. 48, No. 28, July 12, 2024
a For purposes of
			 this Section, the following definitions shall apply:
"Administrative Order of Support" - an order for the support of
				dependent children issued by an administrative body of this or any other
				state.
"Cancellation" - the annulment or termination by formal action
				of the Secretary of State of a person's Family Financial Responsibility Driving
				Permit (FFRP) because of some error or defect in the FFRP or because the
				permittee is in some form of violation of any of the requirements contained in
				the Illinois Vehicle Code or Illinois Administrative Code.
"Certification" - the electronic transmission to the Department
				from the Illinois Department of Healthcare and Family Services when a person is
				90 days or more delinquent in payment of support under an order of support
				entered by a court or an administrative body of this or any other state.
"Department" - the Department of Driver Services within the
				Office of the Secretary of State.
"Department of Healthcare and Family Services" or "HFS" - the
				Illinois Department of Healthcare and Family Services.
"Family Financial Responsibility Driving Permit" or "FFRP" - a
				document issued to persons who have had their full driving privileges suspended
				that grants and specifies limited driving privileges as specified in IVC
				Section 7-702.1.
"Illinois Vehicle Code", "Vehicle Code" or "IVC" - 625 ILCS
				5.
"Invalidation" - to render a license or permit no longer valid
				for the purpose it was issued, as specified in IVC Section 6-301.3.
"Law Enforcement" - a police officer, sheriff, coroner,
				municipal prosecutor, or state's attorney.
"Law Enforcement Sworn Report" - a confirmation of correctness
				and truth by an affidavit, oath or deposition, or a verification by
				certification, executed by a law enforcement officer, as specified in IVC
				Section 11-501.1(d) and Section 1-109 of the Code of Civil Procedure
				[735 ILCS
				5/1-109 ].
"Received by the Department of Administrative Hearings" - a
				written request for an administrative hearing that is received and date-file
				stamped at the Department of Administrative Hearings or any formal hearing
				location.
"Recipient Identification Number" or "RIN" - the file number
				used by the Department of Healthcare and Family Services to identify child
				support cases.
"Stay Order" - the temporary suspension of the regular order of
				proceeding in a cause, by direction or order of the court.
"Visitation Order" - the order of the court involving
				visitation rights for family members of minor children.
b Suspension of Driving Privileges
1 The Department shall suspend the driver's
			 license of an obligor, pursuant to IVC Section 7-702(a) or (b), upon receipt of
			 an authenticated report as set forth in IVC Section 7-703. The authenticated
			 report must be on a form prescribed by the Secretary of State and include the
			 obligor's name, address, driver's license number, date of birth and gender, the
			 date and county in which the order was entered, case number, judge's signature,
			 court seal or file stamp, and date certified.
2 The Department shall enter an order of
			 suspension pursuant to IVC Section 7-702(c) upon receipt of certification by
			 HFS that the obligor is 90 days or more delinquent in payment of support under
			 an order of support issued by a court or an administrative body of this or any
			 other state. The certification shall include the obligor's name, address,
			 driver's license number and/or social security number and case number. If the
			 certification does not contain the driver's license number or social security
			 number of the obligor, the certification shall include the obligor's name, date
			 of birth, gender and case number.
3
			 Any submitted authenticated report or Record of Nonpayment of Court-Ordered
			 Child Support that is defective by not containing sufficient information or
			 that has been completed in error shall not be entered onto the obligor's
			 driving record, but shall be returned to the court of jurisdiction and shall
			 indicate why the order of suspension cannot be entered.
4 Any certification from HFS that contains
			 insufficient data or has been completed in error shall not be entered onto the
			 obligor's driving record, but shall be electronically returned to HFS with an
			 indication as to why the order of suspension cannot be entered.
5 The Department shall suspend the driver's
			 license of an individual, pursuant to IVC Section 7-702(d), upon receipt of an
			 authenticated report as set forth in IVC Section 7-703 that indicates the court
			 has adjudicated the individual as engaging in visitation abuse. The
			 authenticated report must be on a form prescribed by the Secretary of State and
			 include the name, address, driver's license number, date of birth and gender,
			 the date and county in which the order was entered, case number, name of the
			 judge entering the order, court seal or file stamp, and date
			 certified.