§ 19-11-9.3.Suspension or denial of license for noncompliance with child support order; interagency agreements; report to General Assembly; duty to inform obligors

This section ties child support to licenses. A “license” here means any certificate, permit, registration or authorization from a state licensing entity that lets a person drive or work in a profession, business or occupation. An obligor is in “compliance” if he or she is not more than 60 calendar days in arrears on full current support, periodic arrearage payments or periodic reimbursement of public assistance, as set in a court, administrative or contempt order. Someone further behind is a “delinquent obligor.”

The child support agency in the Department of Human Services keeps a regularly updated statewide certified list of delinquent obligors and sends it to every licensing entity with each person’s name, Social Security number if known, date of birth and last known address. Licensing entities must check applicants and licensees against the most recent list and notify the agency immediately of any match. The agency then sends the obligor notice, by first-class mail, of its intent to ask for suspension or denial. Receipt may be presumed if the mail isn’t returned within 30 days. The notice gives the obligor 20 days from mailing to come into compliance or reach a payment agreement, and explains the right to request a hearing in writing, which the agency must receive within 20 days of service. A timely hearing request stays all action until the hearing and any appeals end. If no response arrives within 30 days of mailing and the person is still on the next month’s list, the department asks licensing entities to deny or suspend; the licensing entity notifies the obligor by certified mail or statutory overnight delivery, except as § 40-5-54.1 provides.

The hearing is before an administrative law judge of the Office of State Administrative Hearings within 45 days after the demand is received. Only five issues are open: whether a support order is being enforced under this article, whether the person is the obligor, whether he or she is in compliance, whether he or she may pay past-due support in periodic payments, and whether he or she has been able and willing to comply. The judge must consider ability and willingness, may approve an agreement or order periodic payments, and may issue a release so the obligor can get the license. That agreement affects only how the arrearage is paid; it doesn’t modify the support order. Appeals are limited to the same issues, and this process replaces any licensing entity’s own hearing.

When an obligor is back in compliance, or a hearing finds the obligor unable to comply or not willfully out of compliance, the agency mails a notice of release, and the licensing entity shall promptly issue or reinstate the license unless the agency later recertifies noncompliance. Payments the department receives under this section go to the support recipient within 15 days. Licensing entities answering status inquiries may say only that the license was suspended or denied under this section. The department must also tell delinquent obligors about resources that may help. The section was last amended in 2020.