Admin Appeals in Child Support Cases: Overview and Process
Admin Appeals
in Child Support Cases
Basic Overview
Basic Overview
Life of an Admin Appeal Case
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Questions
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Questions
What is it?
What is it?
Who’s involved?
What is it?
Who’s involved?
What’s the controlling law?
What is it?
Administrative
Appeal
Review by the Director
Notice
Time to
Respond
Action
What is it?
Who’s involved?
Governor’s Office
HFS
OIG
Medical
DCSS
Finance
OGC
Witness
BAH
ALJ
Director
HFS
Witness
ALJ
Director
Mom
Dad
Governor’s Office
What is it?
Who’s involved?
What’s the controlling law?
Social Security Act
Social Security Act
IL Public Aid Code
Social Security Act
IL Public Aid Code
IL Administrative Code
Social Security Act
Social Security Act
•
Federal requirements for child support program
•
Compliance = $$$$
•
Subchapter IV, Part D
•
42 USC §651, et seq.
Social Security Act
IL Public Aid Code
Social Security Act
IL Public Aid Code
•
Authorizes the creation of DCSS
•
Found in Article X
•
305 ILCS 5/10-1 et seq.
Social Security Act
IL Public Aid Code
IL Administrative Code
Social Security Act
IL Public Aid Code
IL Administrative Code
•
89 IL Admin Code 104 – Practice in Admin Hearings
•
89 IL Admin Code 160 – Child Support Services
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Questions
1. Parent signs up for services
•
Not means tested
•
Mandatory if on cash assistance
•
Free
Illinois.gov/hfs/childsupport
2. HFS notifies other parent
•
Notice to Obligor
•
Notice to Courts
•
Payment Path Change
•
Intervene
3. Action taken by DCSS
•
Administrative Paternity Order
•
Administrative Support Order
•
Modify Admin Support Order
•
Notice of Intent to Collect
3. Action taken by DCSS
•
Administrative Paternity Order
•
Administrative Support Order
•
Modify Admin Support Order
•
Notice of Intent to Collect
89 IL Admin Code 104.11(b)
3. Action taken by DCSS
•
Administrative Paternity Order
•
Administrative Support Order
•
Modify Admin Support Order
•
Notice of Intent to Collect
3. Action taken by DCSS
•
Administrative Paternity Order
•
Administrative Support Order
•
Modify Admin Support Order
•
Notice of Intent to Collect
o
Redetermination of balance; or
o
Appeal Enforcement Action
Notice of Balance
(2766)
Redetermination
Admin Appeal
within 15 days?
Yes, e
nforcement stayed
No, e
nforcement continues
Response w/in 120
No time limit
•
Intercept tax refunds
•
Intercept federal payments
•
Suspend Driver’s License
•
Lien on personal property
•
Lien on real estate
•
Credit bureau reporting
•
Suspend profession license
•
Suspend recreational license
•
Revoke passport
•
Intercept gambling winnings
•
Publish picture on website
•
Intercept state payments
Also lists possible enforcement actions
Notice of
enforcement
action
Admin Appeal
within 15 days?
Yes,
action
stayed
No,
action continues
No ability to
appeal
•
Intercept tax refunds
•
Intercept federal payments
•
Suspend Driver’s License
•
Lien on personal property
•
Lien on real estate
•
Credit bureau reporting
•
Suspend profession license
•
Suspend recreational license
•
Revoke passport
•
Intercept gambling winnings
•
Publish picture on website
•
Intercept state payments
Possible enforcement actions:
•
Intercept tax refunds
•
Intercept federal payments
•
Suspend Driver’s License
•
Lien on personal property
•
Lien on real estate
•
Credit bureau reporting
•
Suspend profession license
•
Suspend recreational license
•
Revoke passport
•
Intercept gambling winnings
•
Publish picture on website
•
Intercept state payments
Intercept tax refunds
Threshold
:
$150 if owed to IL; $500 owed to CP
Release
:
Debt under $25
Authority
:
89 IL Admin Code 160.70(b)
Intercept tax refunds
Threshold
:
$150 if owed to IL; $500 owed to CP
Release
:
Debt under $25
Authority
:
89 IL Admin Code 160.70(b)
Driver’s License Suspension
Threshold
:
$2,500 and no voluntary payments within 90 days
Release
:
paid-in-full or payment plan
Authority
:
89 IL Admin Code 160.70(b)
Time Limit
:
15 days
Note
:
Certifying balance to IL SOS
Driver’s License Suspension
Lien on Personal Property
Threshold
:
$1,000 and at least $300 in account
Release
:
None, but COLA for financial hardship
Authority
:
89 IL Admin Code 160.70€ and (f)
Time Limit
:
15 days from mailing of the notice
4. Request an Appeal
•
No required format
•
Online at
abe.illinois.gov
•
By mail to Springfield
•
By fax
•
In person at Regional Office
5. Notice of Hearing
•
Issued by BAH
•
30 – 60 days out
•
Continuances by email
•
69 W. Washington St, 4
th
floor
6. Pre-Hearing Conference
•
Required by 89 IL Admin Code 104.11
•
In person or over the phone
•
Conducted by DCSS Witness
•
Attorneys must file release with DCSS
•
Outcomes: continuance, withdrawal, hearing
7. Administrative Hearing
•
Attorneys first, then order of
appearance then those by phone
•
Recorded
•
No formal rules of evidence
7. Administrative Hearing
8. FAD
•
Decision of the Director 89 IL Admin Code 104.70
•
No rehearing, no motion to reconsider
•
Copies mailed to parties
•
Format:
•
summarizes evidence presented
•
Cites applicable law
•
Clearly states Directors Decision.
9. Appeal to Circuit Court
•
Within 35 days of FAD (735 ILCS 5/3-103)
•
Reviewed by Circuit Court (89 IL Admin Code 104.70(g))
•
Administrative Review Act (735 ILCS 5/3-101 et seq.)
•
No new evidence.
•
Must name Department and other party
•
Multiple Standards of Review
Standards of Review
•
Questions of Fact
•
Questions of Law
•
Combined Questions of Fact and Law
Question of Fact
•
Where the administrative agency’s findings of fact
against
the manifest weight of the evidence
. An administrative
agency’s findings of fact are against the manifest weight of
the evidence only if the opposite conclusion is clearly
evident.
City of Belvidere v. Illinois State Labor Relations
Bd
., 181 Ill. 2d 191, 205 (1998)
Question of Law
•
Substantial deference
given to agency’s interpretations of its
own regulations.
Frerichs v. State
, 2011 IL App (4
th
)
101046 ¶ 11.
•
A reviewing court should reject the administrative agency’s
interpretations only if such interpretations are
erroneous
.
Denton v. Civil Serv.
Comm’n of the State of Illinois,
277
Ill. App. 3d 770, 774 (1996)
Combined Questions of Law and Fact
•
When the issue presented involved a mixed question of
fact and law, the reviewing court should apply the
clearly
erroneous standard
of review. “A decision is ‘clearly
erroneous’ when the reviewing court is left with the definite
and firm conviction that a mistake has been committed.”
American Federation of State, County & Municipal
Employees, Council 31 v. Illinois State Labor Relations
Board
, 216 Ill. 2d 569, 577-78 (2005)
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Questions
Basic Overview
Life of an Admin Appeal Case
Mock Hearing
Questions
This presentation delves into the administrative appeals process in child support cases, covering the basic overview, life of an admin appeal case including a mock hearing, key questions asked during mock hearings, involved parties, controlling laws, review by the director, time to respond action notices, and the roles of various entities such as the Governor's Office, HFS, DCSS, and more.
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Presentation Transcript
Admin Appeals in Child Support Cases
Basic Overview Life of an Admin Appeal Case
Basic Overview Life of an Admin Appeal Case Mock Hearing
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
What is it? Who s involved?
What is it? Who s involved? What s the controlling law?
Review by the Director Administrative Appeal
Time to Respond Action Notice
What is it? Who s involved?
Governors Office HFS Director DCSS Finance OIG OGC Medical BAH Witness ALJ
Governors Office HFS Director ALJ Mom Dad Witness
What is it? Who s involved? What s the controlling law?
Social Security Act IL Public Aid Code
Social Security Act IL Public Aid Code IL Administrative Code
Social Security Act Federal requirements for child support program Compliance = $$$$ Subchapter IV, Part D 42 USC 651, et seq.
Social Security Act IL Public Aid Code
Social Security Act IL Public Aid Code Authorizes the creation of DCSS Found in Article X 305 ILCS 5/10-1 et seq.
Social Security Act IL Public Aid Code IL Administrative Code
Social Security Act IL Public Aid Code IL Administrative Code 89 IL Admin Code 104 Practice in Admin Hearings 89 IL Admin Code 160 Child Support Services
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
1. Parent signs up for services Not means tested Mandatory if on cash assistance Free
2. HFS notifies other parent Notice to Obligor Notice to Courts Payment Path Change Intervene
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect 89 IL Admin Code 104.11(b)
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect o Redetermination of balance; or o Appeal Enforcement Action
Notice of Balance (2766) Redetermination within 15 days? No, enforcement continues Yes, enforcement stayed Response w/in 120 No time limit Admin Appeal
Also lists possible enforcement actions Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Notice of enforcement action within 15 days? Yes, action stayed No, action continues No ability to appeal Admin Appeal
Possible enforcement actions: Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Intercept tax refunds Threshold: $150 if owed to IL; $500 owed to CP Release: Debt under $25 Authority: 89 IL Admin Code 160.70(b)
