Section 1410.350  Suspension or Denial for Failure to Pay Taxes, Child Support or any Illinois-Guaranteed Student Loan

a)         If OBRE receives certification that a licensee is in violation of Section 15-40, 15-45 or 15-50 of the Act, OBRE shall notify the licensee, by certified or registered mail, return receipt requested, or other signature restricted delivery, that the licensee may be refused renewal of the license at its expiration date, unless the licensee provides to OBRE certification that the licensee has eliminated the arrearage or has arranged for payment of the obligations in a manner satisfactory to the appropriate administering agency.

b)         If OBRE receives certification that an applicant is in violation of Section 15-40, 15-45 or 15-50 of the Act, OBRE shall notify such applicant, by certified or registered mail, return receipt requested, or other signature restricted delivery, of its intent to deny the applicant a license under the Act, unless the applicant provides to OBRE proof that the applicant has eliminated the arrearage or has arranged for payment of the obligations in a manner satisfactory to the appropriate administering agency.

c)         For the purposes of this Section, "certification" shall mean:

1)         a verified statement by the appropriate administering agency of such delinquency, failure to file or failure to pay; or

2)         a finding by an administrative body after notice to the licensee or applicant of evidentiary proceedings or a court of competent jurisdiction that the licensee or applicant is delinquent in child support or is liable to pay a certain amount for Illinois taxes or is delinquent or has defaulted on an Illinois-guaranteed student loan obligation.

d)         A licensee or applicant may participate in a hearing, but the basis for the hearing shall only be for the purpose of proving that the petitioner is not the person for which such failure to pay or arrearage information was received, that the petitioner has executed a formal, written payment plan with the appropriate administering agency, signed by both parties, or that the petitioner has satisfied the outstanding debt.  Collateral attack of the certification is not permitted.

e)         A license will be eligible for reinstatement, renewal or issuance upon a showing that the certified failure to file, failure to pay delinquency or default has been satisfied, and by completing the appropriate application and paying any fees provided in this Part.