Section 104.101  Petition for Hearing

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).

(Source:  Amended at 36 Ill. Reg. 9086, effective June 11, 2012)