Section 1450.225  Discipline for Failure to Comply with Illinois Tax Acts, Child Support Order or Default on Illinois Guaranteed Student Loan

a)         If the Division receives certification that a licensee is in violation of Section 20-35, 20-40, or 20-45 of the Act, the Division shall notify the licensee, by certified or registered mail, return receipt requested, or other signature restricted delivery, that the licensee may be disciplined unless the licensee provides to the Division certification that the licensee has complied with all applicable Illinois tax Acts, eliminated the delinquency, or has arranged for payment of the obligations in a manner satisfactory to the appropriate administering agency.

b)         If the Division receives certification that an applicant is in violation of Section 20-35, 20-40, or 20-45 of the Act, the Division shall notify the 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 the Division certification that the applicant has complied with all applicable Illinois tax Acts, eliminated the delinquency 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, failure to pay or default or satisfaction thereof; or

2)         a finding by an administrative body, or a finding by 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 delinquency information was received, that the petitioner has executed a formal, written payment plan with the appropriate administering agency, signed and approved by both parties, or that the petitioner has satisfied the outstanding debt; collateral attack of the certification is not permitted.

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

(Source:  Amended at 30 Ill. Reg. 11075, effective June 8, 2006)