Current through Register Vol. 48, No. 38, September 20, 2024
a) The following procedures shall be used
prior to the Department of Accounting Revenue involving the Comptroller's
offset authority referred to in Section
1003.30(b)(3)
and (6).
b) Any person who is alleged to owe money to
the Secretary of State for the payment of fees owed pursuant to the Act and
against whom the provisions of Section
10.05 of the State
Comptroller Act and 74 Ill. Adm. Code 285 will be applied to recover monies due
and owing to the State, shall have notice and opportunity for a proceeding
before the Director of the Department of Accounting Revenue or his designee to
contest the proposed offset of funds.
1) The
notice to the person shall be sent by the Department of Accounting Revenue to
the person's address shown on the drivers license list maintained by the
Department of Drivers Services.
A) The notice
shall contain the amount of the debt owed to the Secretary of State, the
statutory Section of the Act pursuant to which the fee is due and owing, the
procedures to request a hearing to contest the debt, the time within which the
hearing must be requested, and a telephone number for inquiries.
B) The Department of Accounting Revenue shall
notify the person by mail that the offset procedure will be applied within 30
days, unless the person can prove to the satisfaction of the Director of the
Department of Accounting Revenue that he has a valid defense, as provided in
this Section. Proof to the satisfaction means that the person shows by a
preponderance of the evidence that the debt is not owed, or that any other
valid defense exists.
2)
The only possible defenses which shall be asserted by the alleged debtor
include:
A) Mistaken identity of the
debtor.
B) Disharge of the debt in
bankruptcy.
C) Complete payment was
made to the Secretary of State.
D)
The existence of an installment agreement to pay the Secretary of
State.
E) A court judgment of
non-liability to the Secretary of State.
F) Incorrect mathematical calculation of
amount owed to the Secretary of State.
3) No other defenses shall be valid or
considered. The alleged debtor shall submit his/her defenses in writing to the
Director of Accounting Revenue. The Director shall respond with a final
decision within 25 work days after receipt of the defenses.
4) The giving of the notice as herein
required shall be effective as stated in Section 2-114 of the Act.
c) This section shall not apply to
the hearings conducted pursuant to Section 2-124(j) of the Act.
