(750 ILCS 25/6)
(from Ch. 40, par. 2706)
Authority of hearing officers.
(a) With the exception of
judicial functions exclusively retained by the court in Section 8 of this
Act and in accordance with Supreme Court rules promulgated pursuant to this
Act, Administrative Hearing Officers shall be authorized to:
(1) Accept voluntary agreements reached by the
parties setting the amount of child support to be paid and medical support liability and recommend the entry of orders incorporating such agreements.
(2) Accept voluntary acknowledgments of parentage and
recommend entry of an order establishing parentage based on such acknowledgement. Prior to accepting such acknowledgment, the Administrative Hearing Officer shall advise the putative father of his rights and obligations in accordance with Supreme Court rules promulgated pursuant to this Act.
(3) Manage all stages of discovery, including setting
deadlines by which discovery must be completed; and directing the parties to submit to appropriate tests pursuant to the Illinois Parentage Act of 2015.
(4) Cause notices to be issued requiring the Obligor
to appear either before the Administrative Hearing Officer or in court.
(5) Administer the oath or affirmation and take
testimony under oath or affirmation.
(6) Analyze the evidence and prepare written
recommendations based on such evidence, including but not limited to: (i) proposed findings as to the amount of the Obligor's income; (ii) proposed findings as to the amount and nature of appropriate deductions from the Obligor's income to determine the Obligor's net income; (iii) proposed findings as to the existence of relevant factors as set forth in subsection (a)(2) of Section 505 of the Illinois Marriage and Dissolution of Marriage Act, which justify setting child support payment levels above or below the guidelines; (iv) recommended orders for temporary child support; (v) recommended orders setting the amount of current child support to be paid; (vi) proposed findings as to the existence and amount of any arrearages; (vii) recommended orders reducing any arrearages to judgement and for the payment of amounts towards such arrearages; (viii) proposed findings as to whether there has been a substantial change of circumstances since the entry of the last child support order, or other circumstances justifying a modification of the child support order; and (ix) proposed findings as to whether the Obligor is employed.
(7) With respect to any unemployed Obligor who is not
making child support payments or is otherwise unable to provide support, recommend that the Obligor be ordered to seek employment and report periodically of his or her efforts in accordance with such order. Additionally, the Administrative Hearing Officer may recommend that the Obligor be ordered to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider for participation in job search, training or work programs and, where the duty of support is owed to a child receiving child support enforcement services under Article X of the Illinois Public Aid Code, the Administrative Hearing Officer may recommend that the Obligor be ordered to report to the Department of Healthcare and Family Services for participation in the job search, training or work programs established under Section 9-6 of the Illinois Public Aid Code.
(8) Recommend the registration of any foreign support
judgments or orders as the judgments or orders of Illinois.
(b) In any case in which the Obligee is not participating in the IV-D
program or has not applied to participate in the IV-D program, the
Administrative Hearing Officer shall:
(1) inform the Obligee of the existence of the IV-D
program and provide applications on request; and
(2) inform the Obligee and the Obligor of the option
of requesting payment to be made through the Clerk of the Circuit Court.
If a request for payment through the Clerk is made, the Administrative
Hearing Officer shall note this fact in the recommendations to the court.
(c) The Administrative Hearing Officer may make recommendations in
addition to the proposed findings of fact and recommended order to which
the parties have agreed.
(Source: P.A. 99-85, eff. 1-1-16