Section 2815.125  Notice of Deductions and Right of Appeal

a)         The Director shall give notice to the individual whose benefits will be affected by the Director's order of deduction at the same time that the order for withholding or the agreement to deduct is entered into the Director's computer system by the Division of Child Support of the Illinois Department of Healthcare and Family Services.  The notice shall state the amount of deductions, the authority for the deductions, and the claimant's right to appeal the order of deduction in the same manner as appeals under Sections 800 and 803 of the Act [820 ILCS 405/800 and 803], and of 56 Ill. Adm. Code 2720.  The appeal shall be filed pursuant to Section 2815.115 of this Part.  However, deductions shall continue during the pendency of the appeal.

b)         At the hearing on appeal, the only issue to be resolved is the validity of the order or deduction agreement.  If there has been a previous proceeding conducted by the Illinois Department of Healthcare and Family Services for this purpose, the claimant contesting the validity of the order or the agreement must show why the decision of the Illinois Department of Healthcare and Family Services should not be given full faith and credit.

(Source:  Amended at 33 Ill. Reg. 9668, effective July 1, 2009)