A. When the Department of Human Services determines that all support due is paid in full and the obligor has complied with all other provisions of the support order, it shall notify the Department of Human Services, Office of Administrative Hearings: Child Support, the “OAH”, and the OAH shall terminate the order of suspension or revocation of the license or the order of probation without the necessity of a hearing.
B. An obligor who is in noncompliance with an order for support may request in writing that the obligor’s licenses be reinstated. The Department shall conduct a review and request the OAH to reinstate the obligor’s licenses and place on probation pursuant to Section 240.16 of this title if the obligor has:
1. Paid the current child support and the monthly arrearage payments each month for the current month and two months immediately preceding, or paid an amount equivalent to three months of child support and arrearage payments which satisfies the current child support and monthly arrearage payments for the current month and two months immediately preceding;
2. Disclosed all information regarding health insurance availability and obtained and maintained health insurance coverage required by an order for support;
3. Complied with all subpoenas and orders relating to paternity or child support proceedings;
4. Complied with all orders to submit to genetic testing to determine paternity; and
5. Disclosed all employment and address information.
C. An obligor whose written request for reinstatement has been denied by the Department may request a hearing before the OAH. If the OAH determines the requirements of subsection B of this section have been met, the OAH may reinstate the obligor’s licenses. If the OAH reinstates the obligor’s licenses, the OAH shall order probation pursuant to Section 240.16 of this title.
D. If the obligor fails to comply with the order of probation after the obligor’s licenses have been reinstated pursuant to subsection B or C of this section, the obligor’s licenses may again be suspended, revoked, not issued or not renewed. The Department may refuse to request the OAH to reinstate the obligor’s licenses unless the obligor makes additional payments in an amount determined by the Department to be sufficient to ensure future compliance and the obligor complies with other terms set by the Department.
E. The Department shall send a copy of the order reinstating the licenses to the licensing board, the obligor and the custodian.
F. Entry of an order to reinstate the obligor’s licenses pursuant to this section does not limit the ability of the OAH to issue a new order of suspension or revocation of the license of the same obligor or to place the obligor on probation in the event of another delinquency or failure to comply with an order for support.
Added by Laws 1995, c. 354, § 6, eff. Nov. 1, 1995. Amended by Laws 2000, c. 384, § 17, eff. Nov. 1, 2000; Laws 2004, c. 124, § 6, eff. Nov. 1, 2004.