Ill. Admin. Code tit. 74 § 1200.60

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1200.60 - Referral of Delinquent Debt

a) Beginning July 1, 2004 for the Departments of Public Aid and Employment Security and July 1, 2005 for universities and other State agencies, State agencies shall refer to the Bureau all debt owed to the State, provided that the debt satisfies the requirements for referral of delinquent debt as established in this Part.[30 ILCS 210/3 ] This Part shall apply to all such debt referrals.

b) The debt collection provisions of the Act and this Part may be utilized by the General Assembly, the Supreme Court and the several courts of this State, and the constitutionally elected State Officers, at their discretion, provided that the debt satisfies the requirements for referral of delinquent debt as established in this Part. [30 ILCS 210/2 ]

c) While this Part does not apply to the Department of Public Aid with regard to child support debts, the collection of which is governed by the requirements of Title IV, Part D of the federal Social Security Act, the Department of Public Aid may refer child support debts to the Bureau, provided that the debt satisfies the requirements for referral of delinquent debt as provided in this Section. All such referred debt shall remain an obligation under the Department of Public Aid's Child Support Enforcement Program subject to the requirements of Title IV, Part D of the federal Social Security Act, including the continued use of federally mandated enforcement remedies and techniques by the Department of Public Aid. [30 ILCS 210/5(h), 10(g) ]

d) While this Part does not apply to the Department of Employment Security with regard to debts to any federal account, including but not limited to the Unemployment Trust Fund, and penalties and interest assessed under the Unemployment Insurance Act, the Department of Employment Security may refer those debts to the Bureau, provided that the debt satisfies the requirements for referral of delinquent debt as provided in this Part. [30 ILCS 210/5 (h-1), 10(g-1)]

e) Prior to referring delinquent debt to the Bureau, and anytime thereafter upon the request of the Bureau, the referring agency shall collect and provide to the Bureau the following information:

1) about the debt:

A) the amount of the delinquent debt (including fees, penalties, and interest);

B) the date the debt was incurred;

C) a brief description of the type of the debt;

D) a summary of all action taken to collect the debt to date; and

E) any other information concerning the debt within its possession needed by the Bureau to perform its responsibilities under the Act and this Part, as requested by the Bureau.

2) about the debtor:

A) for individuals, the identity of the debtor, including name, address, and social security number;

B) for business debtors, the name and type of business organization, the business address, the federal employers identification number, and the names, addresses, and social security numbers of the owners and officers of the business; and

C) any other information concerning the debtor within its possession needed by the Bureau to perform its responsibilities under the Act and this Part, as requested by the Bureau.

f) Upon the request of the Bureau, the referring agency shall promptly deliver to the Bureau a copy of all records relating to the debt, with a status report describing all collection action taken by the referring agency.

g) Upon acceptance by the Bureau of delinquent debt from a referring agency, the provisions of Section 7 of the Illinois State Collection Act shall be rendered null and void as to that debt, and the Debt Collection Board (Board) shall promptly deliver to the Bureau a copy of all records in its possession relating to that debt, with a status report describing all collection action taken by the Board and an accounting of all payments received. [30 ILCS 210/8 ]

h) For each debt referred to the Bureau, the referring agency shall retain all documents and records relating to or supporting the existence of the debt. The debtor shall have no right to a hearing before the Bureau to contest the validity of the debt. In the event a debtor would raise a reasonable doubt as to the validity of the debt, the Bureau may in its discretion refer the debt back to the referring agency for further review and recommendation. [30 ILCS 210/10(f) ]

i) All debt referred to the Bureau for collection shall remain the property of the referring agency and an obligation to the account owed. [30 ILCS 210/5(i) ]

Ill. Admin. Code tit. 74, § 1200.60