5101:12-55-25 License suspension.

 

 

 

TO BE RESCINDED

 

5101:12-55-25             License suspension.

 

 

 

(A)     A child support enforcement agency (CSEA) may choose, as an enforcement technique, to suspend, refuse, or deny renewal of an obligor's occupational or professional license, driver's license, or recreational license. This rule describes the requirements and procedures for a CSEA to suspend, refuse, or deny renewal of one of these types of licenses.

 

(B)  The following definitions apply to this rule:

 

(1)  "License" includes any of the following:

 

(a)   A license, certificate, permit, registration, or other authorization to engage in an occupation or profession that is issued by a board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code;

 

(b)   A driver's or commercial driver's license, motorcycle operator's license or endorsement, temporary instruction permit, or commercial driver's temporary instruction permit issued by the registrar of motor vehicles or a deputy registrar; or

 

(c)     A recreational license issued by the department of natural resources (DNR) that includes any license, permit, or stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the Revised Code.

 

(2)   "Licensing entity" means any entity that has authority to issue a license to an individual. "Licensing entity" includes any of the following:

 

(a)   Any board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code to issue a license and any other agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. This includes an administrative officer that has authority to issue a license that authorizes an individual to engage in an occupation or profession;

 

(b)   The bureau of motor vehicles (BMV) or the registrar or deputy registrar of motor vehicles; or

 

(c)   The DNR.

 

 

 

(C)    In accordance with sections 3123.42, 3123.53, and 3123.62 of the Revised Code, a CSEA may commence procedures to suspend, deny, or refuse renewal of a license of an obligor under a child support order if either of the following occurs:

(1)    A court or CSEA makes a final and enforceable determination under sections

3123.01 to 3123.07 of the Revised Code that the individual is in default under the child support order and a JFS 04049, "Notice of Default and Potential Action" (rev. 05/2005), has been issued to the obligor in accordance with rule 5101:12-55-03.1 of the Administrative Code; or

(2)     The individual fails, after receiving appropriate notice, to comply with a subpoena or warrant issued by the court or CSEA with respect to a proceeding to enforce the child support order.

(D)   In accordance with sections 3123.41, 3123.42, 3123.53, and 3123.62 of the Revised Code, if a CSEA chooses to commence procedures for license suspension, refusal, or nonrenewal as permitted in paragraph (C) of this rule, the CSEA may determine whether the obligor holds, has applied for, or is likely to apply for any license as described in paragraph (B)(1) of this rule.

(E)    If the CSEA is considering suspension of an obligor's license and the CSEA has determined that the obligor holds a license, has applied for, or is likely to apply for a license, the CSEA shall send a notice to the obligor at the obligor's last known address by ordinary, first class mail.

(1)   The notice shall specify that:

(a)   A court or agency has determined the obligor to be in default under a child support order or that the obligor has failed to comply with a subpoena or warrant issued by a court or agency with respect to a proceeding to enforce a child support order;

(b)    A notice containing the obligor's name and social security number or other identification number may be sent to every licensing entity that has authority to issue or has issued the individual a license; and

(c)     If the licensing entity receives such a notice and determines that the obligor is the individual named in that notice and the licensing entity has not received notice indicating that the obligor is no longer in default, all of the following will occur:

(i)     The licensing entity will not issue any license to or renew any license of the obligor;

(ii)   The licensing entity will suspend any license of the obligor;

(iii)    If the license being suspended is a driver's or commercial driver's license, motorcycle operator's license or endorsement, or temporary instruction permit, or commercial driver's temporary instruction permit, the licensing entity will impose a class F suspension under division (B)(6) of section 4510.02 of the Revised Code; and

(iv)    The licensing entity will not issue any license to the obligor and will not reinstate a suspended license until it receives notification that the obligor is no longer in default.

(2)   The notice may:

(a)    Describe any necessary actions required of the obligor by the CSEA to avoid license suspension; and

(b)   Provide a specific time frame by which the obligor must comply with any actions required by the CSEA pursuant to paragraph (E)(2)(a) of this rule.

(3)   In order for the CSEA to include in the notice the optional features described in paragraph (E)(2)(a) of this rule, the CSEA shall describe the procedures and maintain a copy of the notice used by the CSEA in the agency's procedural manual.

(F)   License suspension procedures.

(1)   If the CSEA elects to proceed with the suspension of a specific license, it shall send, electronically or manually, a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (rev. 10/2001), to every licensing entity that has authority to issue or has issued the obligor that specific license.

(2)    On receipt of a JFS 04041, a licensing entity is required, in accordance with sections 3123.47 and 3123.58 of the Revised Code, to determine whether the obligor named in the JFS 04041 holds or has applied for a license from the

licensing entity and whether the obligor is the individual named in the JFS 04041.

(3)    If the licensing entity determines that the obligor holds or has applied for a license and the obligor is the individual named in the JFS 04041 and the licensing entity does not receive a JFS 04042, "Notice to Reinstate/Reissue a Professional, Motor Vehicle Operator and Recreational License" (rev. 10/2001), sections 3123.47 and 3123.58 of the Revised Code prohibit the licensing entity from issuing a license to the obligor, or renewing a license issued to the obligor, and requires the licensing entity to suspend any license issued to the obligor.

(G)  License reinstatement.

(1)   A CSEA shall send, electronically or manually, to each licensing entity to which it sent a JFS 04041, a JFS 04042 if it determines that the obligor is not in default or any of the following occurs:

(a)    The obligor makes full payment of the arrears that was the basis for the court or CSEA determination of default to the office of child support (OCS) or to the CSEA;

(b)   An appropriate withholding or deduction notice or other appropriate order described in section 3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code has been issued to collect current support and any arrears due under the child support order that was in default and that the obligor is complying with the notice or order;

(c)   A new child support order has been issued or the child support order that was in default has been modified to collect current support and any arrears due under the child support order that was in default and the obligor is complying with the new or modified child support order; or

(d)  The court or CSEA that issued a warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena in accordance with section 3123.46 of the Revised Code.

(2)    The CSEA shall send the JFS 04042 no later than seven days after the CSEA determines that any of the circumstances specified in paragraph (G)(1) of this rule have occurred.

(3)   Not later than seven days after receipt of a JFS 04042, the licensing entity shall,

in accordance with sections 3123.48 and 3123.59 of the Revised Code, if the obligor is otherwise eligible for the license and wants the license, issue a license to or renew a license of the obligor or, if the individual's license was suspended, end the suspension.

(a)   A fee may be charged by the licensing entity to issue, renew, or end the suspension of a license in the following situations:

(i)     A board or entity that has the authority to issue a license that authorizes an individual to engage in an occupation or profession may charge a fee of not more than fifty dollars to issue, renew, or end the suspension of a license.

(ii)   The BMV may charge a fee of not more than twenty-five dollars to issue, renew, or remove the suspension of a license, permit, or endorsement.

(iii)    The DNR may charge a fee of not more than fifty dollars to issue, renew, or end the suspension of a license.

(4)    Not withstanding section 119.06 of the Revised Code, a licensing entity shall not, in accordance with sections 3123.49, 3123.60, and 3123.414 of the Revised Code, hold any hearing in connection with an order refusing to issue or renew a license for, or suspending a license of, an obligor.

(H)   The following licensing entities, in accordance with section 3123.471 of the Revised Code, shall maintain a file containing each JFS 04041 they receive that names an obligor who does not hold a license issued by the licensing entity. On receipt of an application for a license from such an individual, the licensing entity shall proceed in accordance with paragraphs (F)(2) and (F)(3) of this rule.

(1)    A board or entity that has the authority to issue a license that authorizes an individual to engage in an occupation or profession; and

(2)   The DNR.

Effective:                                                     05/15/2008

R.C. 119.032 review dates:                         11/26/2007

CERTIFIED ELECTRONICALLY

Certification

03/12/2008

Date

Promulgated Under:                           119.03

Statutory Authority:                           3123.63, 3125.25

Rule Amplifies:                                  3123.41 to 3123.62

Prior Effective Dates:                         10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06