Current through Register Vol. 48, No. 38, September 20, 2024
a For purposes of
this Section, the following definitions shall apply:
"Administrative Order of Support" - an order for the support of
dependent children issued by an administrative body of this or any other
state.
"Cancellation" - the annulment or termination by formal action
of the Secretary of State of a person's Family Financial Responsibility Driving
Permit (FFRP) because of some error or defect in the FFRP or because the
permittee is in some form of violation of any of the requirements contained in
the Illinois Vehicle Code or Illinois Administrative Code.
"Certification" - the electronic transmission to the Department
from the Illinois Department of Healthcare and Family Services when a person is
90 days or more delinquent in payment of support under an order of support
entered by a court or an administrative body of this or any other state.
"Department" - the Department of Driver Services within the
Office of the Secretary of State.
"Department of Healthcare and Family Services" or "HFS" - the
Illinois Department of Healthcare and Family Services.
"Family Financial Responsibility Driving Permit" or "FFRP" - a
document issued to persons who have had their full driving privileges suspended
that grants and specifies limited driving privileges as specified in IVC
Section 7-702.1.
"Illinois Vehicle Code", "Vehicle Code" or "IVC" - 625 ILCS
5.
"Invalidation" - to render a license or permit no longer valid
for the purpose it was issued, as specified in IVC Section 6-301.3.
"Law Enforcement" - a police officer, sheriff, coroner,
municipal prosecutor, or state's attorney.
"Law Enforcement Sworn Report" - a confirmation of correctness
and truth by an affidavit, oath or deposition, or a verification by
certification, executed by a law enforcement officer, as specified in IVC
Section 11-501.1(d) and Section 1-109 of the Code of Civil Procedure
[735 ILCS
5/1-109] .
"Received by the Department of Administrative Hearings" - a
written request for an administrative hearing that is received and date-file
stamped at the Department of Administrative Hearings or any formal hearing
location.
"Recipient Identification Number" or "RIN" - the file number
used by the Department of Healthcare and Family Services to identify child
support cases.
"Stay Order" - the temporary suspension of the regular order of
proceeding in a cause, by direction or order of the court.
"Visitation Order" - the order of the court involving
visitation rights for family members of minor children.
b Suspension of Driving Privileges
1 The Department shall suspend the driver's
license of an obligor, pursuant to IVC Section 7-702(a) or (b), upon receipt of
an authenticated report as set forth in IVC Section 7-703. The authenticated
report must be on a form prescribed by the Secretary of State and include the
obligor's name, address, driver's license number, date of birth and gender, the
date and county in which the order was entered, case number, judge's signature,
court seal or file stamp, and date certified.
2 The Department shall enter an order of
suspension pursuant to IVC Section 7-702(c) upon receipt of certification by
HFS that the obligor is 90 days or more delinquent in payment of support under
an order of support issued by a court or an administrative body of this or any
other state. The certification shall include the obligor's name, address,
driver's license number and/or social security number and case number. If the
certification does not contain the driver's license number or social security
number of the obligor, the certification shall include the obligor's name, date
of birth, gender and case number.
3
Any submitted authenticated report or Record of Nonpayment of Court-Ordered
Child Support that is defective by not containing sufficient information or
that has been completed in error shall not be entered onto the obligor's
driving record, but shall be returned to the court of jurisdiction and shall
indicate why the order of suspension cannot be entered.
4 Any certification from HFS that contains
insufficient data or has been completed in error shall not be entered onto the
obligor's driving record, but shall be electronically returned to HFS with an
indication as to why the order of suspension cannot be entered.
5 The Department shall suspend the driver's
license of an individual, pursuant to IVC Section 7-702(d), upon receipt of an
authenticated report as set forth in IVC Section 7-703 that indicates the court
has adjudicated the individual as engaging in visitation abuse. The
authenticated report must be on a form prescribed by the Secretary of State and
include the name, address, driver's license number, date of birth and gender,
the date and county in which the order was entered, case number, name of the
judge entering the order, court seal or file stamp, and date
certified.
c Termination
of Suspension
1 Upon receipt of an
authenticated document, in a form approved by the Department, that the obligor
is in compliance with a court order of support or that the order has been
stayed by subsequent order of the court, the Department shall terminate the
suspension. The authenticated document must include the obligor's name,
address, driver's license number, date of birth and gender, the date and county
in which the order was entered, case number, judge's signature, and court seal
or file stamp.
2 Upon receipt of an
electronic certification of compliance from HFS when the person has paid the
delinquent support in full or has arranged for payment of the delinquent
support and current support obligations in a manner satisfactory to HFS. The
certification must include the person's name, address, date of birth, gender
and RIN.
3 Upon receipt of an
authenticated document, in a form approved by the Department, that the
individual is in compliance with the visitation order or that the order has
been stayed by subsequent order of the court, the Department shall terminate
the suspension. The authenticated document must include the individual's name,
address, driver's license number, date of birth and gender, the date and county
in which the order was entered, case number, name of the judge entering the
order, and court seal or file stamp.
d Family Financial Responsibility Permits
(FFRP)
1 The Department shall enter an FFRP
pursuant to IVC Section 7-702.1(a) or 7-702.1(a-1) if the following conditions
are met:
A The Department receives a certified
court order, on a form prescribed by the Secretary of State, from the court of
jurisdiction.
B The court order
includes: obligor's name or the name of the individual violating the visitation
order, address, driver's license number, date of birth and gender, date the
order was issued, case number, driver's employer and address if applicable,
medical or treatment provider and address if applicable, whether the permit
allows the driver to seek employment, hours the driver is permitted to operate
a vehicle, routes to be traveled, case number, judge's signature, county in
which the order was issued, permit type (original, duplicate or renewal),
permit expiration date (maximum duration is one year), and court seal or file
stamp.
2 The Department
shall enter an FFRP pursuant to IVC Section 7-702.1(b) if the following
conditions are met:
A The Department receives
an order, on a form prescribed by the Secretary of State, from HFS.
B The HFS order includes: obligor's name,
address, driver's license number, date of birth and gender, date the order was
issued, obligor's employer and address if applicable, medical or treatment
provider and address if applicable, whether the permit allows the obligor to
drive to seek employment, hours the obligor is permitted to operate a vehicle,
routes to be traveled, RIN, signature of the HFS representative, county in
which the order was issued, permit type (original, duplicate or renewal),
permit expiration date (maximum duration is one year), and HFS stamp or
seal.
3 Any submitted
court or HFS order directing the Department to issue an FFRP that contains
insufficient data or fails to comply with any provisions of this Part or IVC
Article VII shall not be entered to the obligor's driving record, but shall be
returned to the court of jurisdiction or HFS, indicating why the FFRP cannot be
issued at that time.
e
Invalidation of FFRP
1 Upon receipt of any of
the following documents from a circuit clerk, law enforcement agency or the
Department of Administrative Hearings within the Office of the Secretary of
State, the Department shall invalidate an FFRP:
A a copy of a charging document for reckless
homicide resulting from operation of a motor vehicle in violation of Section
9-3 of the Criminal Code [720 ILCS
5/9-3] , driving under the influence of alcohol and/or
other drugs in violation of IVC Section 11-501 or a similar provision of a
local ordinance, driving outside of restrictions of permit in violation of IVC
Section 6-113(e), leaving the scene of a motor vehicle accident involving death
or personal injury in violation of IVC Section 11-401, or street racing in
violation of IVC Section 11-506. The law enforcement officer issuing a citation
for any of these offenses shall confiscate the FFRP and forward it, along with
the citation, to the clerk of the circuit court of the county in which the
citation was issued. The circuit clerk shall forward the FFRP and a facsimile
of the officer's citation to the Secretary of State as expeditiously as
possible; or
B a report of any
disposition of court supervision or conviction for reckless homicide resulting
from operation of a motor vehicle in violation of Section 9-3 of the Criminal
Code [720 ILCS
5/9-3] , driving under the influence of alcohol and/or
other drugs in violation of IVC Section 11-501 or a similar provision of a
local ordinance, leaving the scene of a motor vehicle accident involving death
or personal injury in violation of IVC Section 11-401, or street racing in
violation of IVC Section 11-506; or
C Law Enforcement Officer's Sworn
Report.
2 The Department
shall invalidate an FFRP, upon receipt of a court order indicating the driver
is no longer entitled to the permit, in the same manner that a driver's license
may be invalidated.
3 The
Department shall invalidate an FFRP if the driver's license expires during the
term of the FFRP and the driver does not renew his or her driver's license in
the manner set forth in IVC Section 6-115.
4 The Department shall invalidate an FFRP,
upon request of HFS, when the obligor has not met the conditions of the
issuance of the permit, set forth by HFS. Those conditions include, but are not
limited to, maintaining and providing to HFS an employment diary as proof that
the FFRP is being used to seek employment. The invalidation request shall be
submitted to the Department on a form provided by the Department.
f Termination of FFRP
1 Upon receipt of authenticated documentation
from the court that the driver is in compliance with the court order of support
or visitation, or that the order of suspension has been stayed, the Department
shall terminate the FFRP.
2 Upon
receipt of an electronic certification of compliance from HFS, the Department
shall terminate the FFRP. The certification of compliance must include the
obligor's name, address, driver's license number, date of birth, gender and
RIN.
g Administrative
Hearings
1 The obligor or individual
violating the visitation order may make a written request for an administrative
hearing to contest the family financial responsibility suspension of his or her
driver's license, pursuant to IVC Section 2-118.
2 If the Department of Administrative
Hearings of the Secretary of State receives a written hearing request by the
obligor or individual violating the visitation order, in a manner and form
approved by the Secretary of State, prior to the effective date of the family
financial responsibility suspension, the Department shall stay the suspension
in accordance with IVC Section 7-706.
h Fees. The Department shall collect a
driver's license reinstatement fee as prescribed by IVC Sections 6-118 and
7-707. A reinstatement fee shall be charged for each suspension entered
pursuant to IVC Section 7-702. No reinstatement fee shall be charged for
individuals suspended pursuant to IVC Section 7-702(d).
