Section 104.249  Genetic Testing in Contested Paternity Hearings

a)         In contested paternity hearings, the provisions of Section 11 of the Illinois Parentage Act of 1984 [750 ILCS 45/11] shall govern the ordering of genetic testing, the admissibility of test results, presumptions based on the results and all other issues relating to genetic testing.  References in Section 11 to "the court" shall be deemed to mean the Department Hearing Officer.

b)         Regardless of whether a demand for a judicial trial has been filed under Section 104.213, if a respondent fails to comply with an order to submit to genetic testing, an administrative order establishing paternity may be entered against him.

(Source:  Added at 20 Ill. Reg. 5699, effective March 28, 1996)