Section 160.77  Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies

a)         Pursuant to routine data sharing agreements, the Department may receive from State licensing agencies information relating to license applications and renewals for purposes of identifying responsible relatives who are delinquent in complying with a support order or who have failed to comply with a subpoena or warrant in a paternity or child support hearing and have or are applying for a license or renewal of a license.

b)         The Department shall certify to State licensing agencies past-due support owed by a responsible relative under a support order entered by a court or administrative body of this or any other state or failure to comply with a subpoena or warrant when the responsible relative has or is applying for a license.

c)         The Department and the State licensing agency shall provide the responsible relative with a joint notice of intended action prior to the Department certifying the past-due support information or failure to comply with a subpoena or warrant to the agency.  The notice and any hearing shall be governed by 89 Ill. Adm. Code 104.200.

d)         The Department shall be stayed from certifying information to a State licensing agency until a final administrative decision has been made by the Department.

e)         The responsible relative can prevent certification and disciplinary action by payment in full of the past-due support amount or by entering into a payment plan acceptable to the Department.  Factors for an acceptable payment plan will include but are not limited to:

1)         the amount of past-due child support owed;

2)         the amount of current child support obligations being paid; and

3)         the individual's ability to pay.

f)          The responsible relative can prevent certification and disciplinary action by complying with the subpoena or warrant in the paternity or child support proceeding.

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)