Tucker v. Department of Healthcare and Family Services

Petitioner appealed from the circuit court’s administrative review decision in which the court upheld a decision of the Department of Healthcare and Family Services that concluded the petitioner’s administrative appeal from a default paternity and support order was not filed within the two-year statute of limitations. On appeal, petitioner argued that the department’s finding of proper substitute service on him of notice of the administrative hearing was against the manifest weight of the evidence, that the default orders were void because the department lacked personal jurisdiction, and that the circuit court erred by not declaring the orders void. The appellate court affirmed, finding that the department’s findings of fact on the issue of service were not against the manifest weight of the evidence. (REYES, concurring and MARTIN, specially concurring